democrats, independents, and republicans, that we can check our party registration at the door, that we can set aside long-held grievances, and that we can show washington it's time to get to work. bill: that from late last night, early this morning. why was this race considered so important? >> reporter: good morning, bill. well, this race was watched from way outside of colorado because president obama made a move that historically sitting presidents don't do very often, he came here in february to campaign and endorse ensore michael bennett, that's usually not done by a sitting president during a primary. a lot of time presidents will let the dust settle and put their full force behind a candidate once the primary is over. on the flipside, when you start talking about andrew roman off, he ended up pulling off an endoarsment from former president bill clinton. clinton wrote a letter of endorsement for >> reporter: manoff without naifg the white house and lent his voice to the campaign with robo calls. there was quite a bit of attention because you had a sitting president in one corner, a former president in the other, both popular in certain circles, so there was a big wait to see exactly how it would happen and as the race went on, in the last six weeks, things got really negative in colorado, really nasty between the two democrats, and so leading up until last night, things were neck and neck. >> they didn't think we were negative enough! that the bay to win was to shout the loudest and angriest, to spend more time talking about talking our opponent than talking about what we stand for. so the pundits and talking heads, i have a simple mess arnlings welcome to colorado ! >> reporter: and because there are so many people this morning licking their wounds from this negative campaigning and all the nastiness that went along with it, tim kaine, chair of the national democratic party will be here on thursday to host a unity rally in which bennett and romanoff will attend. bill: on the republican side, it was the grassroots candidate who won, tell us about that. >> reporter: that's right, ken buck, district attorney from wells county, unknown at first but became a favorite of the tea party here, so with that outsider status, he was willing and ready to pull through in a tight race. >> i want to -- went to farms and factories, truck stops and coffee shops, listened and learned and i heard the same thing all across colorado, and that is that the answer coming out of d.c. was wrong, with he don't need more government. the solution, as coloradoans know it, the solution to bad government is not more bad government. >> reporter: and ken buck has been endorsed by his former uponnennent, former lieutenant governor jane norton. bill: here's patti ann with more from the other coast. patti ann: in connecticut, linda mcmahon easily won the primary, she beat peter schiff and former representative bob simmons. here's mcmahon right after her victory: >> this president and this congress have it wrong. i understand the impact that higher taxes, increased regulation and the continuing uncertainty that small businesses are trying to work within today, and i understand how that is negatively impacting them. they're trying to keep their doors open and having a difficult time of it. that kind of experience, that understanding, is sorely lacking in washington, and we're going to send a senator to understand who understands that. reporter in november, mcmahon will face state attorney general richard blee hen men thall who was unopposed for the democratic primary. bill: this is the first time we get to honestly hear people talk and listen to them and you can judge their ideas and how they sound and how they look and whether or not you support them. fascinating stuff, from colorado, connecticut, and also, the state of georgia, we'll get to in a little bit. we are america's election headquarters, we've got you covered online, foxnews.com, check out the final results of the polling last night and hear the candidate -- or sorry, see the profiles and hear the speeches online now,.com. patti ann. patti ann: investigators are the national transportation saved board are pouring through the grim wreckage in the alaska wilderness trying to find the cause of the plane crash that killed former senator ted stevens and four others. the one area investigators will look into, stevens and eight others were on a fishing trip when they experienced fog and rain. their plane slammed into a mountainside. dan springer is live in anchorage with more. what are you learning about the crash? >> reporter: well, the national transportation safety board, patti, is just starting their investigation, getting a lot of information from the first responders, those who heard about the crash, went out there, got as close as they could, and hiked into the wreckage scene. they're learning more about the weather, about the timing. we know it took off from a luxurious lodge in the mountains near dillingham, alaska, at around 3:00 in the afternoon, and crashed into the mountainside at about 3:15. at 6:00, about three hours after the crash, folks at the lodge called down to a fishing camp to find out if the plane had made it down there, when they were coming back for dinner, found out they had not arrived and sent out planes to help search for the wreckage. they found it, and then these good samaritan, a doctor, a paramedic, a pilot, got as close as they could by plane and hike the rest of the way and they were critical in helping the four survivors of this plane crash, they put a tarp over the fuselage because the nose had been completely ripped off. we have pictures that the state control put out last night from that wreckage site. they covered the victims with blankets, keeping them dry. the key was keeping them warm and dry because the weather was cold, around 30 degrees, rainy and windy, the flames slammed into the mountains. about 300 feet of debris. now, among the survivors, sean o'keefe, a 50-year-old former nasa chief, and his son, kevin. sean is in critical condition here at anchorage, at a hospital, and kevin is in serious condition. another survivor, jim morehard, a former virginia staffer of stevens and a 13-year-old who watched his father die and the inform tsb is really just beginning their investigation. >> what we can say, very clearly, is there was a lot of selfless work that was done last night and there are a lot of people who were applying their skills, and also, supporting those individuals who were trapped on the hillside. obviously, we don't know what would have happened if they had not been there, but we do thank the lord that they were there. >> reporter: and of course, five people were killed in that crash, including former alaska senator ted stevens and the reaction is coming in from all over the political world, flags are at half staff in the state an will remain down until stevens is buried. we still don't know funeral arrangements. patti ann: dan springer, thank you. bill: what a remarkable life that man had, and the fact that sean o'keefe lived, wow! patti ann: crazy story. bill: from washington, the president signing a new state aid bill into law, supporters say the $26 billion law will help safe teacher and police jobs but critics say it's bad in the long run. stuart varney of the fox business network explains. is this a bandaid? what is -- what is this? >> we're waking up to a financial hangover and there's a couple of tells on the menu, this $26 billion spending bill, that's the first item to deal with. now we know the details. turns out this $26 billion both of new spending imposes long term cost, extra costs, on some states. in fact, mississippi already wants out because of those extra costs which will be imposed down the road. furthermore, we are spending, short term, this money, but we're taxing long term to pay for it. now, the financial markets do not like that kind of thing. there's a big new spending proposal. you add that to what we heard from the federal reserve yesterday which acknowledged that the recovery has gone into reverse, that the economy is flowing, and it came up with its own new stimulus program. you've got a hangover this morning because you've got a new stimulus program, you've got new tax and you've got new spending. a lot of people are very uneasy about that. bill: bill i'm loseing track s. it stim two or three! >> i guess it would be stip three from the federal reserve. bill: three! here we go. are we extending -- extending the snain. >> that's exactly what you're doing. $26 billion worth of new spending. for example, medicaid, that gets $16 billion out of the $26 billion. that's going to cover maybe eight months worth of state payments to medicaid. maybe eight months. maybe nine. but about that time frame. meanwhile, we're going to be levying taxes for ten years on business to pay for that $16 billion. bill: from what you described, it's like an economic boomerang, you can throw it out there but it's going to come back at you. >> have a nice day! bill: see you at 9:20, fbn. patti ann: charlie rangel taking to the house floor, unleash ago flame thrower. >> the ethics committee won't even tell me when i'm going to have a hearing! and heck, people are concerned me, i'm 80 years old, i don't want to die before the hearing, you know? and i think my electorate are entitled to finding out who their congressman for 40 years is, who am i, am i corrupt. patti ann: some folks in congress, not too happy with the congressman's big speech. we'll tell you about it. bill: what a speech that was! crews trying to rescue nine people stuck on a glacier. how in the world do you pull this off? we'll find out. patti ann: the flight attendant who flipped out on his passengers is certainly getting his 15 minutes of fame. are there a number of these workers out there, fed up with the public? i'd say yes. >> ♪ >> ♪ >> ♪ we're not gonna take it, anymore. >> ♪ >> ♪ >> we're not gonna, take it. >> ♪ >> ♪ bill: so welcome back, everyone, two arizona sheriffs blast a plan regarding the border, the head of the i'mgrations agency known as ice, those sheriffs calling the visit a, quote, political stunt and pathetic, they don't think the administration's theories about stopping illegal immigration, and greta brought up the same issue with that ice official last night. listen here: >> no administration in the history of this nation removed more illegal immigrants from the country than we did last year, and i expect the records to continue. we're serious about enforcement, we're going to go out and just do it, we'll just follow a sensible set of tough but rational priorities. bill: trent franks is republican member of the house armed services and judiciary. good morning to you. do you consider this trip a stunt? >> well, i think that mr. morton has to put the best face ce on this administration. you know, mr. kyl and mr. mccain and i and others asked for 6000 new border guards at the border, the president said he would send 1200, about 500 which would have helped in arizona, and that was promised august 1st. to date, none have been sent. so i think this trip is just an effort on mr. morton's part. i don't blame him, he's trying to put the best face he can on an administration that seems out to lunch. bill: but he's saying the current administration has done more than anyone when it comes to illegal immigration. >> well, you know, it's hard for me to embrace that given the fact that this administration not only has spoken open falsehoods about arizona's immigration law but has accused of for -- sued us for having the audacity to enforce the law, so i think it's his job to throw as much out there as he can and see if it sticks. bill: it went to the senate, passed in the senate, but has to go to the house, and it comes back to the senate in september. in the meantime, you're still fighting this issue. do you think you're actually going to get the $600 million? >> well, i think we'll at least get some of it. you know, i think people are understanding that the border issue is not just about immigration, certainly it's related, but the focus and the next us that i've had related to border security has than of national security. i knee it's very easy for us to grow com placent but if terrorists -- com placent but if terrorists come over the border and do something that could damage this country in a big way, it could change our whole sense of peace and well being for a very, very long time, and this administration just seems, again, to be asleep at the wheel on all of this. we just saw jamil nasser, a leader of hezbollah, arrested south of the border, trying to come toward the san diego area and i've got a feeling he didn't have good intention necessary mind. bill: on that point, that's an interesting point for debate, roll this. we get a lot of e-mails about this: >> jakon writes why can't governor jan brewer of arizona declare of state of emergency and call the arizona national guard to defend the arizona border. is that an option? >> well, you know, the governor and the president sort of have a cooversight of the fat guard and i think jan brewer is trying to do everything she can to maintain a modest and reasonable approach. even when the border had troops sent to us the last time, they were mostly in support role, and so what we really need is full-time border agents there that know what they're doing, to guard the border, and the governor knows that. i've known the governor 30 years. this is a wonderful, committed, valley forge american that wants to do the right thing for this country and for humanity itself, so i think she's trying to do everything she can. he's up against an administration that's not helping her at all. bill: i'm up against the clock, sorry. >> thank you. bill: for our viewers, hemmer, foxnews.com, something not clear to you, not making sense? follow me, twitter, bill hemmer, because you asked, bya. patti ann: a modern day bonnie and clyde on the run and evading the law, we'll have the latest, also with the alleged accomplice who was also his cousin. bill: mayhem at the ballpark cardinals and reds. they don't like each other at all. what sparked this? wait until you see the love pat that set everybody off. back in a moment. bill: some whiteout conditions, strong winds making for an extremely difficult rescue operation in alaska, nine people strand on a glac usual, two sight seers whose plane went down sunday, the others are guardsmen who are part of the rescue effort themselves. 40 miles north of anchorage, we understand they have a week's worth of supplies and might need all of them. three other sight seers were airlifted to safety. coming out of alaska with the latest on this ongoing search. >> right now the feds are in the midst of an international man nownt dangerous escaped convict and his cousin/fiance, investigators are searching for john mccluskey who escaped from an arizona prison. they say he's with this woman, a suspected accomplice, casslyn welch and the pair is linked to a recent double murder in new mexico. arizona prosecutors have charged max clusky's mom with helping him escape, along with two other inmates who are now back in custody. the mother's husband has strong words for his stepson: >> if i see them, i'll shoot him myself. >> we're getting hundreds of tips and information, some of them are good, others are not so good. we're hoping and pray thank this ends peacefully, but this one has some continuings on it that concern me very much. patti ann: we will speak with that u.s. marshal, david gon valueez, live next hour. bill: that story still continues. we have videotape that's too good to pass up, frankly. it was a bench clearing brawl, i think there were three outs, cincinnati reds second base munich and the catcher for st. louis, here we go! deep in that pile was actually the starting pitcher. what's he doing in there? so this thing goes for several minutes, from cincinnati last night, as the red and cardinals vie for first place in the division. and there comes another cardinal. actually, he's the smart one, getting out of there. tony larussa, he was gone, dustin baker, he was gone. see what happened? he gave him a love pat on the shin guard and that's all it takes, they go at it and come on. come on! talk about the wwe! we had it. in spades last night in cincinnati. everybody cooled down, the cardinals won 8-4 the final. now we're tied in that division. we'll play again today, 12:35. that's must-see baseball. you don't know what they're going to do. keeping it fired up! 26 minutes past the latest on a nationwide man hunt for a killer on the loose, striking in numerous states with up close and personal attacks. also -- >> patti ann: congressman charlie rangel lashing out on the house floor, responding to ethics charges against him. if you missed it, go to foxnews.com, click on the latest headline, rangel story, during the break, we'll show you the best highlights in three minutes. patti ann: here are the stories making headlines this hour, a multi-state man hunt underway for a serial killer, police in virginia, ohio, and other states are looking for a man suspected in 20 stabbings, five of them fatal. here is what police are saying about the man they're looking for. >> this individual has a high propensity for violent crime. i would not be at all surprised if there are not more crimes unreported in other locations across the country. patti ann: police add the attacks appear to be random. a tropical depression is moving through the gulf. the national hurricane center says the depression is moving toward the site of bp's capped oil well. it has weakened slightly, but it still has the possibility of becoming a hurricane. bill: train wreck? you decide. charlie rangel taking the podium on the floor of the house defending himself at length against 13 ethics charges. here's part of it. here he goes. >> phi can't get my dignity back here, then fire your best shot in getting rid of me through expulsion. i'd love the disagreement, i love the debate, i love the argument. but you're not going to tell me to resign to make you feel comfortable. don't let this happen to you don't walk away from here because it's convenient that i disappear. because not all of you will be able to withstand it, as i have. and i am not asking for leniency, i'm asking for exposure of the facts. all i'm saying is that if it is the judgement of people here, for whatever reason, that i resign, then heck, have the ethics committee expedite this. don't leave me swinging in the wind until november. if this is an emergency, and i think it is, to help our local and state governments out, what about me? i don't want anyone to feel embarrassed, awkward. hey, if i was you, i may want me to go away, too. i am not going away. i am here. and i do recognize thato] applause] bill: in the mime, there are numerous reports, many lawmakers not happy with that rant, some saying that house speaker nancy pelosi may have tried the democrat to reconsider before speaking. you saw it live here on fox. a monologue under the point of privilege -- sorry, point of personal privilege rule that allows lawmakers to defend themselves in public. also on this, congressman rangel took a personal point of privilege in september 2008, 2 years ago, almost, in fact, after husband minority leader john boehner tried to remove him then as chairman of the ways and means committee. so the rangel saga continues with patti ann. what's up? patti ann: did this speech help or hurt charlie rangel? the congress' ethics trial could get underway in november, weeks before the mid-term election. where does this leave congressman rangel, as well as the democratic party? doug schoen is a pollster and fox contributor. larry sabatos said this reminds him of the nixon i am not a crook speech, he said he sounded defensive, hurt and angry. was it wise to play a victim? >> i don't think it was wise. i think his best hope is to make a deal and try to resolve this. it's up to the house ethics committee, which is a bipartisan body, to determine the appropriate penalty. but what doesn't help the democrats is to have a high profile trial of congressman rangel and congresswoman maxine waters who is also facing charges right before the november recollection. so i don't think it was a good idea -- november election. so i don't think it was a good idea. >> it seems like he was told to do this by several people, but he has a belief in his innocence, but is it tough to believe the former chairman of the house and ways committee forgot to -- >> i think that's the point, he didn't declare income on the dominican villa, he said you have to be a tax expert to get it right and you'd like tong that then chairman of the ways and means committee could get his own taxes right and at the very least, it impairs his own credibility and ability to make policy and legislate. patti ann: he also sent these letters on official congressional stationery asking for huge donations from these big companies to this center in his name at a local college, and these companies actually had business before some of rangel's committees and the investigators said that any reasonable person could interpret these requests as a solicitation of bribes. again, he says he just grabbed the wrong stationery. is it disingenuous? >> somehow hard to see that he grabbed the wrong stationery. congressmen on both sides of the aisle have done this but it doesn't make this right and in an election year, where concerns about ethics are heightened, this is a big problem. patti ann: president obama had said recently i'm sure that rangel wants to end his career with dignity, my hope is this will happen. what do you think he was trying to say? >> i think he was trying to gently or not so gently ease congressman rangel off the stage. if you saw yesterday, congressman rangel said in response he didn't say when, which is a direct rebuke, as far as i can see, to the president of the united states. patti ann: that was a strange answer. he told me to exit the stage with dignity but he didn't give a timetable. an interesting response. this all comes after a two-year investigation by four members of the ethics committee. the next step as we mentioned would be a trial before the full committee because they couldn't reach a deal. after the trial, if he is found to have committed these violations, he could get anything from just a reprimand to being expelled. he came out there and defied them, go ahead, expel me if you want. what do you think really will happen if he is found guilty of these charges? >> it's hard to say. i think there is a possibility with the private negotiations to have him settle for something less than expulsion. right now in the glare of a campaign, with ten democrats having called for his removal from congress, $650,000 in rangel-related contributions having been returned by moderate democrats, it's hard to predict what would happen. but my guess is, it's more likely that a public trial will cause a harsher rather than a less harsh penalty. patti ann: interesting to see what will happen. meanwhile, today, his big 80th birthday gala, something that was supposed to be a big highlight, but -- a lot of scheduling conflicts. patti ann: all of the sudden people have a lot of other issues. thank you, doug schoen. >> thank you. bill: a nice location, plaza hotel. speaking of bailing, look what investors are doing on the market, the dow is tanking now, down about 200 points, coming back a bit above that now, we're only into trading for seven minutes, all 30 dow companies are not even open just yet. we're watching the markets overseas, too, a selloff there. yesterday we closed down 54 points but when the fed came out and said the economy is slowing, yeah, there's a recovery but it's slower than anyone likes right now, it's sending shivers to the commission world today. so we'll watch that for you as trading is now underway on wall street. meantime the flight attendant saying that steven slater lived out his fantasy, slater is a flight attendant, too, maybe he was, cursing out the entire aircraft, grab ago beer and sliding his way to retirement. that got the attention of somebody at jfk. listen here: >> could you send someone out to the aircraft? i had a credible complaint of a metal on metal found coming from the emergency exit on the left side. bill: slater's gone! the angry man, almost attaining folk hero status. >> ♪ >> ♪ >> ♪ bill: now to the story that frankly just keeps on giving, the angry flight attendant, knew folk hero to stressed out workers across the country and also raising new questions about frustrations with airlines and the service industry in general. steven slater, out of new york, seen here, facing felony charges, after deploying and sliding down a plane's emergency chute at kennedy airport in new york, police released him on bail late last night and there were many, many reporters and cameras waiting for that release. look here: >> are you going to say anything at all? >> not just gliew what about all of the people who have supported you, what do you say to them? >> greatly appreciate it. >> being in jail for the first time, you do not have a record, you're not a criminal, how does it feel? >> bill: so he wasn't saying much but he said at some time he will. meanwhile, his ex-wife said what he did did not surprise her. >> he definitely exited in a grand fashion! he is a dramatic fellow. so i wouldn't expect any less of him. i think he's fabulous. there is nothing i could think other than how he would do that. i just think he had enough of the mistreatment. >> a psychiatrist and member of fox's medical a team is dr. keith ablow. a lot of us are smirking at the story. we're kind of having fun with it a little bit. i don't want to get too serious but what does it say about the support this guy is getting? i heard he had 100,000 people as of this morning sign up for his facebook.com page. what's it say to you? >> look, you don't have to get serious because you're not a psychiatrist. i'll get serious. i'll get serious. bottom line here is i think it says this about people, they're frustrated, our economy is in a tailspin, there are no new jobs being created, i don't even know if any are being saved and people are feeling this, they're feeling the heat so, they attach their feelings to the guy who exit necessary grand fashion but the bottom line is he exits irresponsibly and what people miss in this media mal strom around him is that he does it at the expense of his employer. he does it at the expense of anyone in that aircraft who was anxious or afraid in these days of terrorism, what could this mean, what's happening with this meltdown here. so i understand how folk heroes are created but i really worry that what's happening here is that people are so fed up with what's going on in the country that they're saying you know what, any display of disaffection is fair game. bill: to that point, there was a guy quoted in new york out of the bronx, said this guy is a big zero. he said just deal with it. we all face stress necessary our life and our job. the fact of the point that i was getting at, why are so many people able to relate to this guy, when it comes to someone described an us versus them mentality? >> well, because i think that people are, they feel stress in their jobs, they don't feel understood, there's more asked of them for less pay, and i get this, but look, this is the example of what you don't do. what we're supposed to do, even with unwieldy passengers on aircraft, even with employers who might not understand the stress we're under, it's the number one, try to empathize, try to see where that person's life may be stressing them out. he's supposed to serve the passengers, not make a grand display. and guess what? he should be thankful he has a job, that he gets a paycheck. this guy isn't a zero, he's less than a zero. i say send him to jail and let everybody see that. bill: you may get your wish. he pleaded not guilty to reckless an dnger -- endangerment, trespassing -- trespassing jobs. he may be out of a job but i don't think he cares. aware waiting on the next airline, i guess. you mention being stressed out and i think a lot of folks are feeling that and i don't know what this guy was going through but apparently the incident started not in new york but actually back in pittsburgh, so he had at least an hour, maybe an hour and 20 minutes to stew on what happened out of pittsburgh when apparently a woman was trying to get her luggage out of a bin and it hit him in the head. he admitted that he's a recovering alcoholic but he grabbed a beer and slid down the chute. >> this is no more -- >> bill: one moment, because folks like jimmy fallon are talking about this guy. roll this clip, quickly: >> this period story of a man from jetblue. got pushed around. >> ♪ >> ♪ >> on the job, so he did what he had to do. >> ♪ >> ♪ the passenger was getting rude, steven grabbed two ice cold beers. >> ♪ >> ♪ he got on the p.a., and said there goes 28 years. >> ♪ >> ♪ andthen he took them beers, and jumped, he took two beers and jumped. he took two beers and jumped, yeah, he took two beers and jumped. >> allan wasn't alone, he said those of you who have spoken dignity, this is the flight attendant now, and respect these last 20 years, thanks for a great ride. you're the doctor, i'll give you the last word. >> the last word is this: that mr. slater's life story is being hijacked by those who are frustrated themselves. bottom line is what do you do with a guy like this? get a blood test and a urine test, see if he was on alcohol or drugs, that's the most likely explanation, second, ask him if he takes medicine for bipolar disorder, that's a third popularity, third, he might be a narcissist and not care about anybody. that's the most likely diagnosis. bill: thank you, keith ab -- ablow. patti ann: digging mass graves for american troops, former cia chief michael hayden on what to make of the latest saber rattling. bill: think you can skip that tournament? more -- think you can skip that permit? google tracking the permit evading scoundrels! is this a bit too much of big brother? bill: iran digging mass graves, saying they were meant for american forces in case the u.s. attacks the islamic republic and it's not just the latest provocative action by iran, general michael hayden of the cia and national security agency, also a principal now with the chertoff group out of washington, d.c. it's an honor seeing new person again. >> thank you. good morning to you. bill: what do you make of this story about digging mass graves? to me it reminds me of the days of saddam hussein. >> it is. and it's offensive, and we've got to identify it and recognize it for what it is. it's simply posturing. we've got to be adults at this, look at our strategic interests and to the best of our ability ignore these kinds of things which are simply designed to provoke us. bill pill in general do we ignore or give it more attention than it deserve? >> we give them attention but a lot of that attentionby deserve -- they deserve. they are moving in the direction of a gnaw clear capability. bill: has the window to hit iran f. that was even a consideration, has that window of opportunity closed? >> i wouldn't say that. what i would say is that the other options that we have had on the table to embrace and engage them, to sanction them, to deter, dissuade them, the clock is running on those. and it seems as if they're not -- >> bill: it's us and the rest of the world, whoever is on our side when it comes to this, they give sanctions the back hand each time. >> they do. the latest sanctions, they're tough, but it seems as if the iranians are going to try to withstand them. even the president in a press availability, said that iran may be so ideologically committed to the path they're on is that sanctions just won't really matter. then you come to the end of the day, we may have two very stark choices. doing something, or living with a nuclear iran. bill: what if it is option b, how does the dynamic of the middle east, how does our relationship with that aspect to the world, how does it change? >> it changes dramatically, and not just the fact that the iranians have this capacity, and i should say, they may not get quite to the weapon, they may get to the permanent breakout stage in which a weapon is always possible, always available, and it will be very difficult for us or anyone else to determine they have actually gone to that step. that's just as destabilizing as having a weapon. once they've done that, i think you see the whole neighborhood beginning for react. what did the saudis do about this, what do the turks do about it, what do the emirates do about this. it changes everything and none of that's good. bill: keep in mind on both borders, afghanistan, iraq, you've got two ongoing wars. >> you do. bill: we've got hundreds of thousands of our own men and women there. >> we do. and the iranian record on both their borders has been destructive to american aims to try to establish stability in both afghanistan and in iraq. bill: when you were in office, i'll say, quote unquote, where did this rank on your list of priorities? when it came to option number one, that you just described, which would be to hit them. >> in terms of overall priority while i was in government, it was also counterterrorism, but right up against it was counter proliferation, and within counter proliferation, it was iran. and iran, more than anything except al-qaeda, consumed our time in the oval office with president bush and i'm sure it's the same way for president obama. bill: if that's the case how do you think the current administration is handling this issue? >> it's a very difficult issue. i mean, when we left office, it was tough and it's still tough. time is running out and i think we need to begin to explore what do we do if the other options one by one, engagement, sanctions, begin to fall off the table. bill: and in your estimation, how does this end? >> i truly don't know. mike mullen, admiral mullen, chairman of the joint chiefs, said we at the end of the day may have two very difficult, very bad options, doing something, or doing nothing. bill: it's great to see you. thanks again, michael hayden, thank you for your service and good luck to you in the private set of your life. >> thank you. bill: while you watch "america's newsroom", you can catch more with general hayden, log on to fox fox news.m corks he'll be joining casey mcfarland on the strategy room only a few moments from now. general, thanks again. >> thank you. bill: patti ann. patti ann: despite record low mortgage rates the housing market is still affected by unemployment and tight lending practices. mortgage purchases and refinancing applications rose by less than 1 percent in the first week of august. this, even as loan rates fell to the lowest level in 20 years. bill: you want to buy, now is the time. it's a buyer's market out there. two incredible recent cues in the rough wilderness of alaska, nine people stranded on a glacier as a former nasa chief survives a plane crash. details on both desperate mission necessary a moment here. patti ann: plus did voters throw the bums out? how the voters reacted at the polls yesterday. we'll have that, next. >> there isn't another billion dollars in stimulus spending. it's less spending! >> [applause] >> and for the first time in decades, we're going to send a republican senator to washington! >> [applause] >> 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. 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[cheers and applause]. bill: so, is america ready to throw the bums out, i'm bill hemmer, welcome here with patti ann, good morning. patti ann: great to be here, in for martha maccallum and those bright eyed bushy-tailed candidates in minnesota an georgia are eyeing their next moves with election less than three months out and colorado could be a show case state now. bill: and ken buck we mentioned, taking on senator michael bennett in november, president obama's pick, defeating clinton's candidate, andrew romanoff, and running for the senate seat he was appointed to, one of the president's first victories on the campaign trail. >> this election is the first time my name has ever been on a ballot. and, after only 20 months, in the senate, and on the campaign trail, after traveling over 25,000 miles to all 64 counties, many more than once, many more than ten or 20 times... from the western slopes to the eastern plains, from the san luis valley to the denver suburbs, i know one thing: washington has a lot to learn from colorado. [cheers and applause]. bill: bob cusack, managing editor of the hill, good morning to you, i want to start with the race en colorado. what is significant about bennett over romanoff. >> it is significant, president obama gets a win and backed senator specter to lost in the primary earlier this year and obama versus bill clinton in the proxy fight and the white house is happy with this result and the other interesting thing is that, the democrats in colorado elected incumbent. the establishment pick while on the republican side of colorado, they picked the anti-establishment pick and that is interesting. bill: and it breaks a trend we have seen in other states, you mentioned the colorado governor's race, buck beats norton. what is significant about that, bob. >> well, everybody in washington had gotten behind norton, except for north jim demint, who had been a tea party favorite and he could run for president in 2012, he's one to watch. and he backed buck early while the rest of the senators, including mitch mcconnell backed norton and they got a big win but can the tea party win in november, it remains to be scene. bill: linda mcmahaon faces off with richard blumehthal, can a republican take the seat in a predominantly blue climate, we have seen in other states. >> if it happens, it will happen this year, she's moved up in the polls against blumenthal and had a big win last night and i think the endorsement to watch is senator joe lieberman. he has not picked a side, independent from connecticut and he indicated he could go either way, watch who lieberman endorse but, certainly, she faces an uphill climb but she has a lot of money and will spend it. bill: a lot of money and you think lieberman would back the republican in the race. >> it is a possibility and he knows both candidates and may stay out of it, but, we keep asking him and he keeps saying, well, maybe down the road. after the primary is over. bill: there is a big race in georgia, a governor's race, too close to call and we'll talk about that with bret baier in 27 minutes, bob, thanks. on the hill. you got it. patti ann: the house approved an emergency border security bill, the $600 million measure includes funds to protect the u.s. mexico border. and a strengthening security an end format effort, and it is not a done deal, just yet. 176 million dollars goes for a thousand additional border patrol agents and 68 million to hire 250 new customs and bored protection officers at ports of entry and 32 million for 2 unmanned aircraft systems, to patrol the border. and the whole plan now, bounces back to the senate. arizona congressman trent frank says he thinks it is just lip service. bill: he was with us last hour and more border security news now, rick perry saying he wants the white house to wake up to the danger border states are facing and the republican, meeting with folks he calls america's first line of defense, and the border sheriffs in his state. and, governor perry saying the feds need to take action before more innocent americans are killed by drug violence. >> border security efforts over the last few years, and, again, the linchpin of the effort is standing here with me, the border sheriffs they represent, and they rightly stand between texas citizens and those who would do harm. bill: one of the sheriffs governor perry calls parts of his county, almost america, because, border patrols are scarce and the white house says the president is doing more to secure the border than previous administrations. patti ann: we're getting the first images and hearing from the first responders to the deadly plane crash in alaska. the aircraft slammed into a mountain side, killing former senator ted stevens and four other people. former nasa chief, sean o'keefe survived the crash, and the investigators are searching the mangled wreckage for clues to the cause and joining us now on the phone from anchorage, is michael carrie, a columnist for the anchorage daily news. thanks for joining us. >> good morning. patti ann: sifting through the wreckage, difficult, conditions are still bad, i understand. >> yes. and, once again, it is a very remote site, even by alaska standards. patti ann: what did they discover if anything so far that might indicate what happened here? >> well, the officials are unwilling to speculate, you know how that is with a major tragedy but it appears, the interesting thing is, they hadn't been airborne for long and many of us wonder if they were trying to go down, but it appears, instead they were trying to gain elevation and trying to go up. patti ann: clouds, rain, fog, weather, i understand, is what is suspected by most people familiar with this type of thing and weather related crashes are not uncommon, unfortunately, in that area? >> well, i wouldn't say uncommon. people fly there all the time. that is how these lodges bring in the -- elet guests from all over the world, to come there to -- but, there used to be a sign in the old airports in alaska, flights leave on time, weather permitting, and the permission of the pilot. patti ann: so it would have been the pilot's decision that the conditions were -- >> absolutely. patti ann: all right, michael carry, thanks for joining us and best of luck. >> thanks. bill: remarkable, that he survived, sean o'keefe. martha: and the others. they were on the mountain side, freezing for quite some time, though. bill: all night long, and, ben sherwood used to be in television news and wrote a book on why people survive plane crashes, a fascinating look at people when they face trauma, how they are able to pull through and he has a story to tell. best to him and his recovery. and they brought misery to pakistan long before the monsoon and now they are trying to stop the flow of help to flood victims, the taliban urging them to reject aid from other countries as the u.s. help intensified and the flooding impacts more people than the 2004 indian ocean tsunami. the 2005 kashmir earthquake and this year's earthquake in haiti combined. wow. roughly 14 million people, 8% of the population in pakistan, now affected by the worst natural disaster in that country's history. patti ann: two down, two to go, where u.s. marshalls are focusing their international manhunt for some of "america's most wanted" after a prison break. bill: and it peeks into your backyard, whether you like it or not, posting images on-line for the world to see. what are you doing, america, how google is landing homeowners in trouble. patti ann: they passed historic legislation including a health care overhaul but there is new evidence democrats will not run on those victories. our memories of last year's town hall, changing their strategy for this year's midterm. >> how dare you! >> stop that, come on. >> how dare you! >> you are the democrats and you are making a mistake. >> how much money did you take from health care? 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[ male announcer ] accumulate 10 nights and get a night free. welcomerewards from hotels.com. smart. so smart. 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. heath mart pharmacies are locally owned. so our pharmacists serve their communities... with a unique combination of clinical knowledge... and personal attention. to see if you live in a health mart town visit: healthmart.com bill: are democrats running in the midterms following a new political play book, many candidates keeping quiet about the big democratic legislative victories like health care and financial regulations, and the stimulus plan. president obama cheered on his accomplishments and others in his party are not showing the same enthusiasm, why would that be, alan colmes joins me now, the alan colmes show and when do we hear you on the radio. >> 1:00 p.m. eastern. bill: i always listen to you, unless oi'm on the t.v. why so quiet on the issues. >> you think the public doesn't know about the health care and stimulus and not aware he bailed out wall street, no one knows it. it is a big secret, because we never talk about it, right. bill: the story came out in the l.a. times, the white house coordinated with congressional democrats to say don't wave the flag on stimulus, don't wave the flag on health care. >> what they are saying is... bill: why would that be. >> what their really saying is let's focus on who the opponent is, and don't forget, people, these polls come out every day and obama is up, he's down be and people talk about him when he's done but when he runs and you have a campaign you have to run against somebody. bill: absolutely. >> and what does the other side have -- >> in the case, it is apparently george bush. >> he's -- >> he left office two years ago. >> you have jon cornyn of texas and senator -- and, getting republicans elected saying people are missing george w. bush and we have to think about what bush did and you you have republicans talking about going to the bush years and having buyer's remorse. bill: the strategy, you know -- >> if they stop talking about it. >> do you think it works is a strategy. >> i think it will work, people need to be reminded. people have short-term memories in politics and need to be reminded about the shape the country was left when obama took over. bill: and we remember a deficit with 3.5 trillion as opposed to -- and an unemployment rate, not supposed to go above 8%. >> and, bush left the place in shambles with two wars, one of which is thankfully, finally coming to an end, it seems and he said mission accomplished, 4-5 years too early and people need to be reminded of what was inherited. bill: and republicans would argue that you cannot run from one issue. and that is the economy. and that is on the minds of everybody. >> that is absolutely true, and, it doesn't stink but it's not as good as it could be. bill: if you were unemployed for a year-and-a-half. >> and things need to get better on the job front and what is hard to sell and this is a very hard sell how bad things would have been without the stimulus and i think would you good things would have been had we had a bigger stimulus which republicans would never have allowed. bill: and we've heard the arguments, american voters, whether or not they agree with you or republicans, what does president obama do in 83-something days? jobs and jobs and jobs... bill: is he on the trail with the candidates or staying away, because it appears, right now, it is the latter and not the former. >> he goes on the trail where it is necessary and where he can help. look, the democratic party is a big tent party, and there are certain parts of the country like the south, where perhaps he would not be as popular and every candidate has to decide on his or her own behalf whether or not he'll help them. bill: and, the guy, bennett who won in colorado, he was asked the question and he side-stepped it and they asked, what will obama do for you. >> he had the support -- >> put in person will he be there. >> it depends upon the narrative of the day and week as to whether or not, it is ever changing and is up to the candidates to decide, whether or not it fits that constituency. bill: the reason why this is important, we went through in the 2008 with george bush when republicans stayed away from him, and now we are about to see it with democrats. >> the approval rating, obama is under 50% but is not as ech as patti ann: folks could see a new political party on the ballot, when they head to the polls in november. bill: and fundamental rights, more organizations using google to check up on your backyard and uncle sam is saying, is it legal? the judge is here! ♪ ♪ i see them bloom ♪ for me and you ♪ and i think to myself ♪ what a wonderful world... host: could switching to geico really save you 15% or more on car insurance? did the little piggy cry wee wee wee all the way home? piggy: weeeeeee, weeeeeee, weeeeeee, weeeee weeeeeeee. mom: max. ...maxwell! piggy: yeah? mom: you're home. piggy: oh,cool, thanks mrs. a. anncr: geico. 15 minutes could save you 15% or more. bill: breaking news, out of tallahassee, florida, the attorney general, bill mccolumn, running for governor is releasing details that he will file a new immigration law in florida that will, quote, go one step further in the immigration -- and the law we saw in arizona, breaking right now, no details on it. and, it comes right out of his office, in tallahassee, florida, one step further than arizona to crack down on immigration in florida. and, we're working the story, just crossing the wires now, when we get more, we'll pass it to you. moments away, here on "america's newsroom," patti ann. patti ann: google has extended its reach straight into your own backyard, in one new york town, officials are using the software to check up on homeowners' pool permits, and as more of these stories pop up people are asking, where do google and government's rights end and where does our right to privacy begin, and judge andrew napolitano is a fox senior judicial analyst, thanks for joining us. >> sure, nice to be here. patti ann: you see comments where people say what is the big deal, if there is a law in place and people find out that you are violating the law, through whatever method why can't the government come in and -- >> the big deal is the constitution, is the supreme law of the land, and everybody that works for the government, even the local tax collectors, in riverhead, long island, new york, took an oath to uphold the constitution and the constitution as recently interpreted by the supreme court gives you a right to privacy in your house and in and around your house and the government cannot come snooping with a camera, whether it is someone on a street corner with a camera or someone in the sky with a camera, and if the government wants to know what you are doing, to violate government regulations, whether they are civil or criminal regulations, it has to go to a judge and get a search warrants and that is not napolitano on the constitution, that ises the supreme court on the constitution. patti ann: and that was a case unrelated to this one that determined that this type of thing or something similar to it amounts to basically a search without a warrant. >> right, the police, not in this case, have come up with some kind of a device that was able to detect the chemicals that are in marijuana. and, they approached this house, and waved a wand over it and went to the neighbor's yard and waved it over the fence of the yard they wanted to wave over and they found marijuana which is illegal and the homeowner, to whom the -- to whose house the waving was done was arrested an prosecuted and convicted and, the supreme court said if the police wanted to do that they need' search warrant and that is a similar situation and if the government wants to know what is in your backyard it cannot go and take pictures of it. it has to go to a judge and get a search warrant and why is the government doing it? because they want to collect fees on swimming pools. a tax generating measure. who knows more about securing the backyard, the tax collector or the homeowner, obviously the homeowner. patti ann: riverhead, the town duke it on long island, says it is about safety, you don't have a permit, your pool might not be safe and people feel it is more about the revenue syndrome. >> if we let the government snoop in our back yards, where will it stop. patti ann: and, it's not just that, one person had a trampoline in his yard and the homeowners insurance company said we have become aware you have a trampoline in your yard and you are in violation of your insurance policy and they wouldn't have known about it. and it was invisible -- >> this is a new area of the law, private entities, google and the insurance company is not your government, invade your privacy and there are laws that protect privacy. the courts have yet to decide whether or not a private company taking a picture of your backyard is an invasion of privacy. we know it is an invasion of privacy when this government does it. remember, private individuals and groups of individuals can do things the government can't and the 4th amendment and the constitution only restrains the government, and it doesn't restrain google and doesn't restrain the insurance carrier, hover they can be just as invasive and offensive to your privacy and the courts have yet to real and were i in my old job i would rule they can't do it, either. patti ann: you say you cannot take the picture and go in and the information is out there but all the government is doing is looking at it, like public domain and let's say they see the pool, looking at google and now they get a search warrant. >> if they get -- get a -- i can't imagine the judge would give a search warrant to search for the pool. there are other ways, the government can write a letter, saying, do you have a pool, would you please fill out the form rather than going on the person's prompted and looking a the it. the government couldn't care less about the condition of the pool, it just wants $75, per pool. patti ann: oh, boy. this is a very slippery slope. >> remember, we fought a cold war against countries in eastern europe who snooped in public and private and one of the reasons for fighting the cold war was they denied citizens civil liberties and will we let the same thing happen here? i hope not. patti ann: interesting case, judge, thank you and if you want to see more of the judge, catch him all week on the fox business network, 9:00 p.m. eastern, folks, "freedom watch" on fox business. you don't want to miss it. thanks. >> thank you, patti ann. bill: primetime! fbn, thank you, judge, and fed up with the republicans and democrats, there might be a third-party on the ballot. and it all has to do with your taxes but we are not talking about the tea parties, in a moment, they never learn... speeds topping 120 miles per hour, the mean streets of l.a., nightti nighttime, but not for long. 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face a misdemeanor, carry a sentence up to 20 days in jail for the first time offense and goes a step further, as the attorney general -- by the way, he is running for governor in florida this november and goes further by giving judges and law informant, it says more tools in dealing with illegals from band through sentencing, from the arrest to the sentencing phase, florida says it has taken a step further than what we saw in arizona and just getting this, right now, and it is right out of orlando, moments ago, as we go through this, we'll let you know what we learn out of florida, now. patti ann: here's a quick check of your headlines, it is day 11 of jury deliberations in the corruption trial of former illinois governor rod blagojevich. the federal judge in the case, says there is no telling how close jurors may be to reaching a verdict. and, investigators are looking at the role weather may have played in a plane crash that filled former alaska senator ted stevens, he and four others died when the plane slammed in tie mountain side monday and another four on board survived, and astronauts stepping out again today to resume critical repairs on the international space station. the crew is trying to fix the cooling system that keeps equipment from overheating on board the space lab. bill? bill: thanks, i want to get back to america's election headquarters, a hole in one for a political unknown. linda mcmahaon winning the republican nomination for senate in the states of connecticut and turned professional wrestling into a multibillion-dollar industry and now is ready, she says to put a pile drive on washington. >> i have been out among the people of connecticut, i have completed over 660 events, throughout the town, of connecticut, i have done main street walking tours, meetings, really talking and listening to the people of connecticut, because i think that is what is going to win the race. they are concerned about the issues, they are concerned about their jobs, they are concerned about the economy. and, without doubt i hear time and time again they don't want to send the same kind of politicians to washington, because, they keep getting the same politics out of washington. they want someone with, you know, real business experience that will create jobs. bill: that was today on "fox & friends" and with me now, bret baier, anchor of "special report". >> hi, bill, good morning. bill: handicap it out of connecticut. it is traditionally a blue state and she's a republican and she has a lot of money. >> it is a different year, though, and she's right. there are a lot of independents out there that have been at least trending nationwide, and, in connecticut, to business-type candidates and she is one of them. she is within ten points, to richard blumenthal, the attorney general there in connecticut, he's had his own problems, with saying that he fought in vietnam when he did not and had to deal with that, as you recall. i think that as you get into the fall, this race is going to get really tight. and, is going to get very interesting. because, she's already pledged she spent about $20 million, in the primary campaign, she's pledged to spend $50 million, and as we know, money makes a difference, especially, in a media market that includes at least part of new york, having to buy all of those commercials on tv time. bill: and expensive, too, we had a guest on earlier and bob cusack suggested, watch what joe lieberman does, and see if he picks a side and another race, too close to call out of georgia, the republican challenger, challenging one another, in a fight for the governor's office, nathan deal, and, the former secretary of state karen handel, apparently too close to call, nathan deal is a former representative and we are waiting for a resolution, of the race? >> yes, it is just a couple thousand votes, i think less than 3,000 and fits -- by georgia law, if it is less than 1%, after all the ballots are counted, and they are still waiting for absentee ballots, military, and absentee ballots to come in, if it is less than 1% they'll do an automatic recounting and we could be heading that way. and this is a former congressman, a former secretary of state, both of these folks left their public offices to run for this seat. it was an ugly race and got very heated, and one debate karen handel said, to nathan deal, stop squealing and put on your big boy pants and deal said she is too liberal and you have republican presidential potential, possibles endorsing on both sides and this is a heated case and we should know probably by next week. bill: handel has the endorsement of sarah palin if memory serves, also, from colorado, ken buck is an outsider and he is now -- he's in the season -- could do quite well and this is bennett beating andrew romanoff, and, colorado governor, though, ken buck goes up against michael bennett. and handicap that. >> this is the first race where we'll see the obama white house, directly against a tea party candidate, that came from behind. and ken buck ran a campaign that got a lot of steam, picked up a lot of steam and did not pick up a lot of money in fund-raising however had enough steam to put jane norton aside in the primary race and now, as you set it up, michael bennett against the incumbent, he was the appointed senator and is the incumbent against ken buck and what is interesting, in interviews this morning, he said that he was happy to have the support of president obama at the white house in the primary but he was asked whether president obama will campaign for him in the fall, and he said, we'll have to think about that. that is interesting in just -- and telling, perhaps, about the president and how it will factor into the race. bill: interesting to watch, too. and i think i said governor, my mistake, it's the senate race the last one we talked about in colorado. we have our big boy pants on, today, bret. patti ann: thanks for coming in today. and. bill: check him out on special report. right now, as you watch here in "america's newsroom" complete primary results on-line and analysis broken down state by state, foxnews.com, check it out on-line, patti ann. patti ann: voters may see a party line on their ballots in november, folks in new york could get the option of pulling the lever for the taxpayer party. eric sean is live in new york city. what is the taxpayer movement about. eric: you cannot vote for the tea party line but, some voters in new york and politicians hope in november you will be able to pull the lever for the taxpayers party. supporters say the tea party inspired effort will putty party principles in the voting booth in new york state that coming elections and canvassers have been getting signatures, enough to put it on the ballot in november and need 15,000 signatures, by next tuesday's deadline and they claim they've doubled that, 40,000 signatures they filed 28,000 signatures to qualify so far, and the campaign is funded and supported by a candidate for new york buffalo, paul paladino, running for the campaign for governor, that guy, that is rick lazio and there is paladino, a wealthy developer and lazio ran against hillary clinton in 2000 and he has already been endorsed by the state's conservative party, often used by republican candidates as a second line. and, he is hoping tax -- the taxpayers party can be an alternative for him and one taxpayer party supporter we followed getting supporters wants to send out a message. >> we the people, the people are tired of politics as usual and we are aggravated, disgusted with the good old boys club, and, this is our way of saying we have had enough. eric: supporters say two dozen other candidates in new york state also want to get on the new taxpayer's party line. patti ann. patti ann: what do critics say. eric: they say the taxpayers party is not really a real political party, only a ballot line and is a paladino operation, and michael long is the chairman of the new york state conservative party and he said the taxpayer party folks are trying to co-opt the popularity of the tea party movement. and told us he is not worried the taxpayers party line could give his conservative party some competition. >> there really was a -- if it was a true tea party, and -- we have been clear where we stand, and, on spending and taxes, and the size of government and, whatever wanted to call, the original tea party... eric: the taxpayers party line gets 50,000 votes in november it will stay on the ballot for the next election and in 2008 when john mccain ran for president, he got more than 170,000 votes, on the conservative party line. patti ann. patti ann: eric sean, interesting stuff, thanks. bill: breaking news, southeast of los angeles, this is california, apparently there is a man inside, you see that -- wow, is that his hand or more? see the man who is leaning out of a window? we're told local police have this home surrounded, orange county, california. just south of l.a., downtown l.a., 34 miles, the sheriffs department is telling us that the suspect is out on bail, for making what is considered terrorist threats. the degree or severity is not own now and we're looking at to whether or not he's getting back inside. we were told during the last live report with eric sean that he was screaming something back and forth between police. at 2:45 this morning, which would have been about 8:45 -- sorry, 5:45, a little bit before 6:00 here on the east coast, a tow truck operator tried to tow his u-haul truck away, the man's u-haul and the suspect rammed his u-haul truck into the tow truck, and the suspect then ran inside of his home and is threatening to burn his house down. and the sheriffs have evacuated the area and in a moment we might be able to get a wider shot to show you the neighborhood and how far the other houses are away from this man's house. looks like a corner lot, based on this perspective. so, the police have evacuated the area, set up a perimeter, s.w.a.t. team trying to talk him out of the house without incident. not sure what is on the grass there, perhaps something he has thrown, speculation on my part. police now across the street, we believe, taking cover and waiting and trying to resolve this, there they're officers, looks like the s.w.a.t. team, too, behind the truck and in a moment you will see a piece of videotape from earlier. this is a live picture in tustin, california, 34 miles, again, south of downtown los angeles. patti ann: keep an eye on that, for you. bill: as we watch this, we are trying to reach out to the l.a. bureau and get more information on the area. the neighborhood. what the man may have been wanted for and it is intrigue, the sheriffs office told us that he was out on bail for making, quote, terrorist threats, and the extent of those threats, what they are -- who they were directed toward, is something that will be an interesting answer once we get it. patti ann: two different things going on, the situation with the u-haul truck and the tow truck and, whatever it was that he was arrested for earlier, with the terrorist threat situation. bill: jim amarino is the public information officer from orange county and we'll try and get him on the lines here and he can probably shed more light on this and you know, with situations like these they have their hands full and the guy's screen is on the lawn there, not sure what the other paperwork or a notebook or something laying on the grass... i do not know but that is the s.w.a.t. team taking up their positions and they train for this not just in l.a. but every major american city to resolve it peacefully without incident and police officers' cars and the camera goes in live, kttv, our fox affiliate on the scene here in tustin, california and they've evacuated the area, it is early in the morning and since up, a bit before 8:00 and we hope they can resolve it as they say, peacefully, and, quote, without incident. patti ann: and the good newses is, at this point it does not appear there is anyone else in the home, and we don't know for sure. bill: whether he's got family, friends inside or flying solo. patti ann: we'll let you know, two fugitives billing themselves as a modern saturday bonnie and clyde are still on the run, the u.s. marshall helping lead the manhunt will joins us next to tell us where the dangerous duo could be headed next. >> rest assured, we'll be on mccluskey like a cheap suit. we are not going to pull it down, we are going to have all of the entire resources of the u.s. marshes service -- marshalls service nationally until we bring them to justice. [ male announcer ] this rock has never stood still. since our beginning, we've been there for clients through good times and bad, when our clients' needs changed we changed to meet them. through the years, when some lost their way, we led the way with new ideas for the financi challenges we knew would lie ahead. this rock has never stood still. and there's one thing that will never change. we are, the rock you can rely on. prudential. >> coming up on happening now, one of the biggest stories of the days, the serial killer on the lookers striking in michigan, and ohio and the latest in lease berg, virginia, brand new information and the man heading up the investigation to catch the guy, at the top of the hour. >> also, a tricky spacewalk, will be attempted, coming up, in next couple of hours, we'll have it for you, live, as astronauts try and fix a problem on the space station, a serious one as well and, karl rove will join us, talk about robert gibbs and the primaries from yesterday. stick around. >> john mccluskey busted out of a medium security facility july 30th along with two other inmates since recaptured and agents are waiting to see if he tries to slip into canada, with his suspected accomplice, casslyn welch, and david gonzales is a u.s. marshall for the arizona district. thank you very much for joining us again. a disputed u.s. marshall says based on the information you are receiving you believe that they have no intention of being taken alive. indications they are willing to commit suicide and how dangerous does it make it, for whoever confronts them? >> it is obviously a dangerous situation, for law enforcement and anybody that might encounter them directly. as you mentioned, we are concentrating in the northwest u.s. and, also, in canada, in the british columbia and, the alberta area. patti ann: so, agents are expecting them to change their appearance and hair color and there were sightings, though, are you getting close? >> yes, it is normal for people on the run to change their appearance and, we believe as today, mccluskey has darkened his hair and welch has lightened their higher which is standard and as far as getting close, we wish we were closer, we were following a lot of leads and we are focusing on that particular area and we are leaving all options open. patti ann: they say it is a porous border. how possible is it these two are in canada? >> it is very possible. and, as working closely with canadian officials and interpol, and, so that not only in canada, but if they were likely to slip into an airport, though we have had many reports all over the u.s. and canada, and the -- around the world, but, we don't think because of their financial resources, and, getting the proper documents, they are capable of leaving canada or the u.s. patti ann: u.s. marshall david gonzales, thanks for joining you, keep us posted, thanks. bill: back to breaking news now, in tustin, california, jim amarino is the public information officer, in orange county, jim, are you on the line there? in a moment we'll talk to jim here, okay? this broke earlier today and there is a man inside of the home you see in the camera lens and apparently ran a u-haul truck into the tow truck and when it -- jim, good morning to you, bill hemmer, live on the air here in new york. how are you able to isolate the man and what is your strategy to end this peacefully? >> caller: we do have a perimeter set up and evacuated nearby homes and we believe he's inside the home. it started around quarter to 3:00, this morning, and we received a call that there was a tow truck being rammed and the suspect had a uchlts haul trailer he rented before, as his car was being repossessed he got into the u-haul truck and rammed the tow truck and ran inside his home and barricaded himself and it has been going on for about five hours. bill: we saw him a moment ago and looked like he was waving his hands out the window and i don't know if you can see our screen now. but kttv out of los angeles has an image on the air of what looks like a robot moving across the street, toward the house. can you see that, jim? >> where i am, i cannot see it. bill: do you have a report of something that might be suspicious that needs to be inspected by a robot? >> well, we do know that the suspect is out on bail, for making terrorist threats, and brandishing a weapon. and he did bail out on the charges and he's awaiting trial. so, we are just proceeding cautiously and hopefully we'll bring it to a peaceful resolution. bill: how long has he been out on bail. >> i don't have details of that crime, that just came in, a few moments ago. so i do not have the details, and any specifics regarding those two charges, other than he was arrested for making terrorist threats an brandishing a weapon. >> no details on what the terrorist threats included or who they were directed to. >> not yet, i'm not sure what city or whose jurisdiction that happened in, that came, that he was on bail and i have not had a chance as you can imagine, i have been busy with this, to try and find out details of that. bill: jim a appreciate you helping us sort through the details here and, the robot is on the lawn of the man's home, and if our viewers are joining us, the window in the corner, to the left, just over the street sign, that is where the man was a moment ago, waving his arms, to the s.w.a.t. team across the street and police officers parked on the other side of the road. that is a screen, looks like, came out of the window, and that apparently thrown out earlier today and what is on the lawn is something we cannot discern from here and jim, it started in the middle of the night, 3:00... >> caller: quarter to 3:00 this morning. bill: and how many officers have responded? >> caller: well, we have almost our entire s.w.a.t. team out, we have officers from tustin police department, and the orange county sheriffs department, and exact number i don't have but i would say that there is a -- quite a few out there. >> he's dangerous you consider it that way, don't you, jim. >> he does have a prior arrest and i am near a tv and i can see the suspect in the window now. bill: he came back to the window. tustin, california, the neighborhood, can you describe it. >> a very nice neighborhood. it is unincorporated, that is why the orange county sheriffs department is taking the lead on this situation. and upper middle class area. and very strange for something like this to happen in that area. and, i would say that his behavior is extremely... bill: i'm sorry you broke up, his behavior is what. >> caller: someone keeps beeping in, i'm sorry, i would say his behavior en comiin coming to th dou -- window, whatever he is doing is bizarre, also. bill: and you see the robot now, coming to the window, under what circumstances do you use the robot. >> we want to find out what is in the container. obviously we don't want to put any of our -- deputies or any police officers in danger, so we'll try and find out what is inside the container using the robot. bill: i understand, with respect to you coming on shift now, the u-haul, do you have any details about what he was doing with that? was he planning a move? >> caller: well that is one report i have. that he was planning on moving, the possibility that it is -- his home may be in foreclosure and he may have been in the moving process and that is why he has a u-haul truck he used to ram the tow truck. bill: and the tow truck was there for what reason. >> it was there to repossess his vehicle. bill: they'll take the u-haul away and that is when the altercation began and you say it has been going on -- >> caller: actually they were going to take his private vehicle away and he used the u-haul to ram the tow truck that had his private vehicle. bill: i appreciate the clarification. it has been going on now, five hours? >> caller: that's correct. bill: and jim you will be there as long as it takes to bring it to an end, without incident? >> i'll be here, no matter how long it takes. hopefully, we can bring it to a peaceful resolution. in a short period of time, but, began, we're not going to rush into anything or -- our main concern is that it ends peacefully. bill: indeed, yeah. jim, thank you very much, public information officer, appreciate your time, especially given the circumstances you are dealing with. william lajeunesse works out of our l.a. bureau and patti ann has more with him. patti ann: william, are you there. >> reporter: yes, i am, patti ann, the guy is agitated, one reason is his car is repossess and the other is he is being evicted from his home and the robot, not only is it less confrontational than an officer but there is a camera on top of the pole coming up from that which allows police to see inside what is going on and we can see, he is throwing documents out the window and we don't know what those related to but in the state of mind that he's in, they could be anything, and, at that point... but they want, obviously to bring it to a peaceful resolution, and tustin, california is 34 miles south of los angeles, part of orange county and inland, if you will from newport beach. it is a bedroom community of los angeles, and, for the most part, a lot of people work up here, and live down there. and also, orange county, of course is a large employment center in itself, and, we are not sure exactly what the guy is doing right now, but having the robot there, definitely lessens the danger to the officers involved. patti ann: not only did the man throw out a bunch of paperwork, what it seems to be, he also threw out apparently a container and that is what the robot now has in its grip and it is retreating from the scene and that is what our former guest said, that the officers want to examine, especially in light of the fact that the man was making some kind of terrorist threats, which he is out on bail for, at the moment. and william lajeunesse, thank you so much, stay on this, i'm sure we'll be following up with you, thank again. bill: oftentimes what they do is put this package in the middle of the road and isolate it and the s.w.a.t. team moves in with the protective gear and figure out whether or not it is dangerous ior a false alarm and the man is still inside the home and we've watched the robot approach the house and it looks like the police have what they were curious about, don't move. back in three minutes, to figure this out. bill: while we were a way, the l.a.p.d. is now carrying that package, whatever is inside we do not know. it doesn't seem to be too threatening. there are plenty of police officers, and swat officers following this. patti ann: this will be followed by jenna