cheated his way to the top. >> i've let a lot of people down. it doesn't feel good. all i want to do is come clean. >> but does he? is his apology too little too late? did he tell all? slogan comes from russ in lynn, new york, they are both steroid free, mirror, mirror on the wall, who is the fairest and most balanced of them all? it's "fox & friends", you all. >> hi, welcome aboard, folks to our tuesday telecast live from studio e. >> yeah, and i guess it's y'all. >> y'all. >> i'm not just -- a you, gretchen? >> i had the good fortune of living in richmond, virginia and dallas, texas and so i am a converted y'all southerner from time to time. >> i acquiesce to you. >> y'all. we have to get to your headlines on this tuesday. major operation under way against shiite militants in yemen. security forces going door to door in the northern region leaving 19 militants dead, 25 people arrested in this sweep. the rebels have been fighting the yemeni government since 2004. yemen dealing with a resurgent al-qaida and rebel in the south. a tense meeting between president obama and union leaders at the white house over health care reform. irate labor heads are upset with the president's decision to tax health care benefits. the president reiterated his supported for attacks. labor leaders calling it an assault on middle class families. they're not suggesting to kill the whole bill yet. the house also comes back today and will tackle health care negotiations. the father of the man accused of attempting to blow up that plane on christmas day invited to the nation's capital. democratic senator john kerry invited a doctor to testify before the senate foreign relations committee. he went to the u.s. embassy in nigeria in november to alert authorities about his son's extremist views. no word yet if he'll accept the invitation to come to capitol hill or not. as you heard from brian, mark mcgwire admitting that he used steroids on and off for nearly a decade including in 1998 when he broke baseball's single home run record. the former cardinals and a's slugger repeatedly expressed regret for his decision, it was caused by his desire to overcome injury. >> the only reason that i took steroids was for my health purposes. i did not take steroids to get any gain for any strength purposes. >> but did you get that gain incidental? >> i learned how to be a better hitter. there's not a pill or an injection that is going to give me the hand-eye or give any athlete the hand-eye coordination to hit a baseball. >> we've already been through this. >> mcgwire has fallen well short of being voted into the hall of fame in his first two years of eligibility. is his apology enough? we'll ask "sports illustrated" writer. he'll become the slugging coach for his former team so many believe he decided to come clean before he takes to the field again. >> smart. he did not lie in front of congress. >> took the fifth. >> he said i'm not here to talk about the past unlike roger clemens who said i never did it and people say now he can come clean. >> he's under investigation and could be in big, serious trouble. >> absolutely. say, let's talk about this book "game change" because you followed this so close, you'd love to know the inside story. no one is looking at this book and saying you lie. you're looking at this book and saying i can't believe now everybody knows this story and one of the biggest stories is the role of bill clinton in hillary clinton's campaign and really what went on behind the scenes leading up to ted kennedy saying senator obama will be my man. >> you know, it does talk a little bit -- john hileman was on the sean hannidy show last night and talked about how there were a number of heated exchanges between former president bill clinton and also ted kennedy and during one of those exchanges clinton said a few years ago, this guy would have been getting us coffee referring to barack obama. >> sharpton was beside himself when he heard that. >> yesterday, he said he really had to talk about bill clinton and take him to task with that. clinton said the only reason you're endorsing him, ted, is because he's black. let's be clear about that. nonetheless, he felt that barack obama simply was not ready to be president of the united states. it was not his turn. watch. >> his view was that obama was not ready to be president, that he wasn't experienced enough, that he didn't understand policy well enough. he thought it wasn't his turn. when obama beat hillary in iowa and the democratic party started to coalesce around obama, he kon he couldn't believe it. he got on the phone with kennedy a few days after iowa and got into a heated argument. >> the whole town in the book about what happened in iowa when hillary clinton did lose in iowa, bill clinton was watching a bowl game and in comes terry mcauliff and says how are we doing? we're getting killed. we're coming in third, behind edwards and bill was stunned and essentially said now i'm in and he started asserting himself. >> hillary thought that the election, the caucuses were stolen by out of state voters and that's where it went. >> the interesting thing that a lot of people are wondering where the clinton machine is with all of this because usually they would be armed and ready to go the minute that there would be any bad press about hillary or bill but really, there has been no backlash or no comments, per se, at all from the clinton camp. and some are saying it's because one of the leading sources in this book was somebody directly on the inside of hillary's campaign and so there really is no disputing the facts although that hasn't really stopped anyone before from disputing facts. >> the one that got fired by hillary clinton and thought to be 80% of the sources. somebody else inside the campaign actually talked and they talked about the sources for this being some junior staffers. and they did it on deep background. other side is part of this revelation is almost the whole democratic part of the senate is secretly for senator barack obama. there's got to be a body blow to every clinton. >> we knew this, didn't we, during the campaign? we knew secretly she had a lot of enemies deep down for a lot of big reasons. i don't think it's any revelation either that bill clinton didn't think that barack obama was up to the task. a lot of people were saying that at the time. >> but senator schumer was by her side the whole time and she was against him and senator harry reid said i can't come out publicly but senator obama you have to run. we barely know each. you're not happy in senate. i can tell this is not for you. they said i think we're in trouble. senator reid is coming to see us. he walks in the office to the freshman senator and said, we don't want hillary. you've got to run. i think that's got to be somewhat of a somewhat, you know, hurtful to hillary. >> sure. one of the other interesting revelations is the fact that when barack obama was u.s. senator from illinois, he had the opinion that absolutely the the most condescending u.s. senator towards him was joe biden. he didn't like joe biden so much and didn't want to add him to his team but eventually through the campaign realized wait a minute, he has the resume parts that i need so they signed him on and then, you know, they tried hard to muzzle biden but he'd go out there and he'd say crazy stuff. >> when was this? i missed this. >> it's true. we'll show you one of the crazy things that he said on the campaign trail. listen to this. >> the largest growth in population is indian-american, from india. you cannot go to a 7-eleven or a dunkin' donuts unless you have a slight indian accent. i'm not joking. >> that was probably the least offensive thing he said. >> 2006. >> what was senator obama's reaction as he was trying to become president? here is mark halpren yesterday. >> obama is furious. on a conference call, when is joe biden going to stop saying such dumb things. he was angrier at biden than any point at hillary clinton during the nomination. >> apparently, joe biden also on the airplane after being nominated as the vice presidential candidate was telling people that he really should have been president. >> that might anger the guy who is actually running for president. i don't know. a little bit. >> right. and one other thing that apparently biden said when he got into the campaign was he looked at all the stuff and he goes, this is what we're running on? wait a minute, are you kidding me? this is our platform? this is what -- ok, i'm for it on the campaign but when we get in the white house, this stuff isn't going to work out. >> we've seen that play out with the whole afghanistan strategy, we've seen joe biden be on completely 180 degrees away from barack obama so that part of the book, i would believe to be true. coming up on the show, doug shoen, a democratic strategist will weigh in his thoughts on some of these revealing details. >> in new york city, i thought it was brilliant but a lot of people found it offensesive when mayor bloomberg said can we stop smoking in bars and restaurants? the no smoking side, the smoking side is not working. the whole country is taking up on this. he tried to stop traffic in the middle of the city. that didn't work out. he said transfats, not good for you. they're clogging up the arteries. let's eliminate them in restaurants. the best we can. and he hasn't stopped there. >> no, absolutely not. now the new initiative is this -- they want to get food manufacturers and restaurants to reduce the amount of salt or sodium in the food that is sold by 25% over the next five years. make no mistake about this, this is clearly the food police. but when you start to think about it, wait a minute, isn't this brilliant? the government is talking about controlling our health care. and if they're going to have to pick up the tab, wouldn't the food police like to ride into town and say, ok, it costs a lot when you get hypertension and stuff like that. why don't we just go ahead and mandate that everybody put less salt in stuff? >> yeah, i don't know why they wouldn't include in health care form initiatives for personal responsibility in and of itself so you don't have have the mayor become the nanny of everybody else? just my own personal opinion. here's the weird thing. i'm supposed to have more salt in my diet. not less. so what about the people like that? because salt apparently is not manufactured in your body. you actually have to intake it and i know there are negative effects but there are people out there who actually need more salt in their diet. >> well, or you could sip some water from the ocean which will make you feel queasy. here's the thing, salt is an acquired taste and an addictive taste. if you like salt, then you get more and more salt and then you're like i love that pizza place that has all the salt. i love that -- i love that boston chicken place because they have great salt. it's an acquired taste but it's killing you. so i kind of like the fact that mayor bloomberg cares about me even though i don't live on long island or new york city because i'm always on my children to have less salt. it is bad for you. >> no, not really! i just said to you it's not always bad for you. >> 90% of the time, you don't need salt in your diet except for gretchen. >> here's the thing, government says the average american needs about 1500 milligrams a day and the average american in reality runs up with 3500 milligrams which is double and leads to some bad things if you're sensitive to it and the problem is over the last 30 years, manufacturers have, you know, the processors and stuff have put more stuff in there so you can see where they're going with that. but at the same time, if they're -- exactly right. the food police first, they're saying ok, no transfats. lower calories. now salt. how long until the wine police come out and say, you know what? if you drink too much, you wind up costing us more with health care so we're going to say you can only have one glass of wine a week. >> every time i see that -- >> then i'll get really mad. >> all the time at night, i'll see gretchen with a margarita with salt on it and she says i need salt. >> here's the funny thing, when in a blue moon if i actually have a margarita which would be a rare occurrence. >> sure. >> a very rare occurrence, i always ask for no salt even though i've been asked by my physician to eat more salt. >> really? >> uh-huh. >> ok. so you will not be for this no salt bloomberg plan. hey, has anyone been on the google search engine lately? >> i looked this morning and yesterday we told you about how, you know, google has that auto complete function where if you type in a word, it will come up with all the searches that you have done similarly or people around the world. when you put in christianity, it comes up with is a hoax. is a whole bunch of bad stuff. well, if you type in islam is -- it mysteriously goes blank. google said it was a bug. they would fix it. we checked this morning. it still goes blank. conspiracy? you be the judge. >> i'm not sure. >> at 13 minutes after the hour, here's what's straight ahead, he's becoming the next bin laden. responses i believe for training the new wave of al-qaida and even connected to the christmas bomber plus we had them in 2002 and let him go. how does this happen? can it happen again? >> say it ain't so. simon cowell after nine years of bickering with paula and calling out "american idol" contestants is moving on. we'll tell you what his next project will be. by the way, it will be with paula. he loves her. >> he likes her a lot. 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(woman) ask your rheumatologist about simponi.™ just one dose, once a month. always well made always well designed always with free design service now with extraordinary savings ethan allen... always well worth it >> yeah, focus. this is a fox news alert. the u.s. and south korea have rejected north korea's attempt at peace talks. the north wants to talk about formally ending the korean war. it ended in a truce, not a peace treaty. u.s. says north korea first has to disarm its nuclear program. meanwhile, the office secretary credited for helping hide anne frank and protecting her famous diaries has died at the age of 100. she defied nazi occupyers sneaking supplies to frank in amsterdam during world war ii. gies saved the diaries and later gave them to anne's father who we all know published the records in 1947. grech? >> thank you, steve. bill and bill clinton ahillary e subject of the most shocking accounts in the book "game change" but are they true and will the couple address the claim? here with us is doug shoen, the author of the new book "the political fix." good morning to you. >> good morning. >> one of the most startling revelations i think is not necessarily what's in the pages of this book but the fact that the clintons have not come out with their normal political machine to say none of this is true. why? >> well, because the question is what should they say is not true? there are unsourced allegations about president clinton's personal life and anonymous people cited what are you supposed to say? moreover, that hillary clinton reacted badly to a defeat in iowa that was very, very damaging to her campaign? i guess my response is sort of that's not much of a revelation. what should the clintons say? she's secretary of state. why is this not business as usual? >> so do you think she would not come out and say anything because she is, in fact, secretary of state? >> well, i would hope that would be a large part of the reason. she's a loyal member of the obama administration. she is looking forward, not backward and given these kind of books that involve all sorts of allegations about all sorts of things, why should she respond? >> all right, so the revelation to me in what you just said is she's a loyal member of the obama administration. there's been so much talk in the last year that potentially she's not, she's behind the scenes plotting her own -- >> it's absolutely clear she's not plotting her own future. she's serving the interest of the president and she's served that way for the last year or so. >> it was interesting in the book because it says, it alleges that hillary clinton favored some of the nastiest tactics against barack obama when she was running against him such as promoting the fact that she thought he might have been a drug dealer. he professed himself that he used drugs. do you think that's sexist in any way, that she was in favor of these nasty attacks when we know all politicians to a certain degree are in favor of negative campaigning. >> there's negative campaigning and personal attacks. she dismissed very quickly from her campaign billy sheehan in new hampshire when he made those scurrilous allegations. and during the campaign made a public effort to reconcile with barack obama when that happened on the tarmac in washington. so i think again this is something that is not at all clear and not at all as obvious as hileman and halpren suggests. >> does it do anything for the future of hillary clinton and politics, this book? >> i think, frankly, it has nothing to do with her future. she is secretary of state. most politicians look past these kind of books. they make great news fodder but ultimately they don't have that much to do with what goes on on a day-to-day basis. >> doug schoen, always good to speak with you. >> thank you. >> mark mcgwire finally coming clean about using steroids. why now? and is his apology a little too late? we'll talk to "sports illustrated" david epstein who has followed the story from the beginning. and then is nbc collapsing? there's a nasty corporate brawl involving jay leno and conan o'brien. you're the colon lady! diarrhea, constipation, gas, bloating. that's me! can i tell you what a difference phillips' colon health has made? it's the probiotics. the good bacteria. that gets your colon back in balance. i'm good to go! phillips' colon health. sfx: can shaking op when you own a business, nothing beats the sound of saving time and money. and it's never been simpler to save - with regions lifegreen checking and savings for business. you'll enjoy free online and mobile banking. and with regions quick deposit, you can deposit checks right from your desk. drop by and get started with a business financial review through a regions cashcor analysis. it's how business gets into the rhythm of saving. regions it's time to expect more. let's play. (announcer) family moments cost less at walmart. xbox 360 and madden nfl 10 at unbeatable prices. rated e for everyone. save money. live better. walmart. >> three 9/11 hijackers, fort hood shooting suspect has one man in common. the radical cleric. he was arrested by u.s. officials in 2002 at jvmefk but then he was released saying lack of evidence. some say the saudi officials picked up the phone and said you can go now. how big of a mistake was that for us to let him go? with us now former c.i.a. operative and former head of the bin laden unit, michael scherer. he's in 22002 after 9/11, we got him, we let him go. do you think the saudis played a role? >> it could well be. he spent time in saudi arabia, he was escorted away from the immigration stand by a saudi air official when they let him go finally. i think what it does is show that they had -- they had him on a felony immigration charge and the district -- or the federal attorney in denver dropped the case. apparently, he didn't think immigration charges were right. and the obama administration just appointed him to be the u.s. attorney for the district of colorado so we're not taking this stuff very seriously, brian. >> absolutely not and you have this guy who is in contact with the major hasan and called him a hero. >> part of the problem with this, guys, is he was born in america. he's an american citizen. he knows thousands of people in the united states. he would have an existing network in the united states. this is something i'm sure the f.b.i. has gone back over but this, you know, makes him more dangerous than a lot of these other individuals who are with al-qaida trying to plan, you know, operations against the united states. >> michael, what's so insane to me is right after 9/11 looking for any contacts, any contacts that these hijackers had with anyone in the u.s. we have the cleric who had at least two of them in contact in san diego and in virginia. and yet, we would let him go. why not just hold on to him until we can build a case? >> well, it smells of saudi interference. look it, they let all the bin laden people go after 9/11 because the saudis probably gave them diplomatic passports. the saudis have an in our government that is really reprehensible but i wanted to follow up on gary's point. >> ok. >> this fellow is not the only person like him in the united states. the saudis and other gulf states have been funding the education of these young american muslims in this kind of theology for 15, 20, 25 years since the first oil boom. so to think that this is one fellow , one off case is simply not correct. the country probably is fairly well represented by this sort of imam. >> to add to mike's point, it's not just american born clerics, there's special immigration status for someone who wants to immigrate to the united states as a priest, a buddhist or a cleric. people have been brought in by communities to be their clerics and we have to caution who has come into the country. >> both of you mentioned that he's a u.s. citizen. bin laden came visit in the 1970's. that another was in los angeles after that. these guys understand what america is about and this guy understands better than anyone else how important is it that we get a missile right on his case? >> well, it's important but not sufficient, i would say, sir. i think it's important that he's dead. obviously. and that we should kill him. but it's only the beginning of the problem. this is -- this is a war we have barely begun to start to grasp the dimensions of. it's a symbol of the kind of person we'll have to deal with in our country, in canada, in europe, for decades ahead. >> what do you mean, deal with? >> well, let me add something to mike. they're here and in south america. they're down in latin america and places like brazil in large numbers. my concern of defending the united states, being concerned about the middle east, we have a soft underbelly and there's a large number of guys trying to access the u.s. from the south. with that, close the border and be very careful about immigration into or entering the united states vs. from miami. >> i would challenge anybody to get people that are comparable to these two guests to tell us what's happened next with the war in al-qaida and terrorism in this country and outside this country. michael and gary, thanks. >> pleasure. >> thank you very much. >> straight ahead, we don't know for sure until i toss to steve and gretchen for some confirmation. >> well, thank you very much. straight ahead -- >> senate majority leader harry reid is speaking out for the first time since saying president obama has had no negro dialect. >> i've apologized to the president and apologized to everyone in the sound of my voice i could have used a better choice of words and i'll continue to -- >> so will this cost reid his seat in washington? we report, you decide. >> and governor sarah palin gets a new job. what she says about coming to fox news. >> and at the same time, simon cowell is saying good-bye to fox. >> know when it's time to move on. i don't think you should be doing the same thing over and over again. >> at least to "american idol" what he's doing next. >> and happy birthday to rush limbaugh! the talk show host turns 59 today. happy birthday. this is the card that bought the saw... that cut the lumber... that built the extra space i needed to store more produce... that she sold to me to make my menu more organic. introducing ink from chase. the card that helped make it all happen because it's accepted in twice as many places worldwide as american express. with reward points worth 25% more when redeemed for air travel. make your mark with ink. go to chase.com/ink. chase what matters. you need listerine® whitening® vibrant white™ rins. the mouthwash that gets teeth four times whiter than the leading toothpaste. and kills bad breath germs. listerine® whitening vibrant white™. but there's one that's so clever, it makes your skin look better even after you take it off. neutrogena healthy skin liquid makeup. 98% of women saw improvement in their skin's natural texture, tone, or clarity. does your makeup do that? neutrogena® cosmetics recommended most by dermatologists. >> good evening, everybody. i'm conan o'brien, the new host of "last call with carson daly." a 6.5 earthquake hit california. did you know that? true story, yeah. the earthquake was so powerful, it knocked jay leno's show from 10:00 to 11:35. nbc announced they expect to lose $200 million on the winter olympics next month. yeah. folks, is it just me or is that story hilarious? everybody now wants to know what my plans are. everyone is asking me, all i can say is i plan to continue putting on a great show night after night while stealing as many office supplies as humanly possible. that's all i can say. i'm going to rob this place blind. >> this is exciting because fox is in the middle of all of this. >> i would say by what he said last night, it's pretty much a done deal. he's leaving nbc. you don't take a shot at the front office like that and time after time after time and stick around. >> what are they offering him? >> he's angry. >> they're offering him 12:05 and "the tonight show" and if they don't give him "the tonight show" he gets $45 million. what does leno get? a cancellation and the 11:35 to 12:00 show if conan stays? evidently, this is one of our high ranking executives has already talked to the conan camp. >> i think the president of fox entertainment is talking to him because in your local affiliate markets, you've got fox news generally on your local broadcast station starts at 10:00 in many cases and they're done by 11:00. idea would be to put a late night guy like conan right on at 11:00 to draw viewers away from the other stations. it's brilliant counter programming. >> it is although conan -- conan has not had fantastic ratings so that would be one question that you might have in your mind about that deal. but jay leno would get his hour back. i don't know. watching him take shots at his own company like that, you got to imagine that guy has some power to be able to do that. >> here's what leno said, with the network moving leno back, conan has reportedly given an ultimatum, as you know. leno said last night that we were going to leave primetime programming the way we found it. a complete disaster. >> yeah. >> the thing about jay leno i thought throughout the political campaign and at least through this new show is he was the most fair and balanced comedian if you want to take a serious look at it and last night, bernie goldberg on bill o'reilly's show discussed the ramifications of the culture of these comedians and the power that they now have in influencing the american public when they go to the polls. >> when the whole pop culture is pulling for you and is making you out to be something other than a mere chicago politician which is what barack obama is and turning you into something beyond that into a cultural icon, not a political icon, a cultural icon, yeah, it gets you -- >> it's the least sophisticated vote with the least sophisticated voters which is a big, big chunk of the electorate, that gets you some juice. >> and the late night guy sets the tone there. the entertainment shows, they do a little of that but these guys have a forum every night to come out and set the tone over who they think is a cool guy. >> not only did they set the tone but with -- when william jefferson clinton was running for president, a lot of people say that what really got a lot of juice for him was the fact that he went on the arsenio hall show, he put on a pair of raybans and played the saxophone. that guy wants to be president and he's a regular guy. >> when he left, i think arsenio left, too. 25 minutes before the top of the hour. what's happening? >> let's talk about harry reid again because digging if his heels would be the quote of the day from him. he says he has no plans on leaving washington even after making what some believe to be racial comments about president obama. both reid and the president are speaking out for the first time yesterday. >> i've apologized to the president. i've apologized to everyone who is in the sound of my voice that i could have used a better choice of words. >> this is a good man who has always been on the right side of history. for him to have used some inartful language in trying to praise me and for people to try to make hay out of that makes absolutely no sense. >> many republicans say reid should still step down. steve? >> former alaska governor sarah palin has a new job. she is working at the fox newschannel. that's right, folks. the 2008 republican vice presidential candidate and best selling author now a contributor offering political commentary and analysis right here on the fox newschannel. palin will also host episodes of "real american stories" which will document the stories of inspirational people and debut this year. i do believe she will be on the bill o'reilly show this evening, 8:00 eastern time. >> new details emerging about that united flight -- united airlines flight forced to make an emergency landing without all of its landing gear in place. "the new york post" says the radio system used by the ground rescue team crashed just when it was needed the most. >> you got to be kidding me. >> and airport patrol officers also lost their radio contact apparently because of the utility work that was going on. the port authority says there were problems but insisted crews were always able to communicate, great job by that pilot, by the way. some grateful passengers as well. >> reports of airplanes hitting birds could exceed 10,000 for the very first time when a final tally from last year is done. more reports of bird strikes start coming in after captain sully landed his plane on the hudson river last january. government figures show there were at least 57 cases in the first seven months of 2009 that caused serious damage and three cases where planes and helicopter were actually destroyed. >> birds were there first. >> there you go. meanwhile, it is official. simon cowell will leave "american idol" after this season. but he's not leaving fox. that's the important thing. cowell will instead serve as executive producer and judge on the american version of his hit united kingdom show, the x factor which will begin next year. cowell telling reporters yesterday in pasadena, california why he made this decision. >> you know when it's time to move on. i don't think you should be doing the same thing over and over again. most importantly, i just felt like doing something new. without any guarantees, you never know what's going to happen. >> you just don't. so now the big question is who can replace simon? but for now, get ready for tonight's season premiere of "american idol" on the fox network at 8:00 eastern. all right. brian kilmeade you have good news for my son's alma mater. >> absolutely. college basketball where villanova had the toughest test to date as they traveled to unfriendly confines of alumni hall. we're talking louisville. yes, the cardinals off the inbound pass. you'll see this action here. louisville with the steal. gets the bucket and the foul jay wright, coach of villanova is furious and comes on to the court and ends up getting a technical. nova down seven at the break. second half, all wildcats. scottie reynolds, three of his 36. villanova wins 92-84. former nba star jayson williams takes responsibility for accidentally shooting his limousine driver eight years ago. the former net pleaded guilty to assault and agreeing to serve at least 18 months in prison. williams told the judge he had not fully checked the shotgun he was showing off to friends before snapping it closed. williams also faces dui charges after slamming a truck in a tree in manhattan last week shortly after this photo was taken. one military mom decided to do something to keep their memory alive. for more on this story, let's go to gretchen. gretchen? >> all right, brian. so that woman came up with this amazing idea of creating a calendar devoted to the men and women who have given their lives to the war on terror. patricia boyd is the creator of the 2010 fallen heroes calendar and she joins me live from minneapolis, minnesota, today. good morning to you. >> good morning and thank you for having me. >> you're welcome. i know that you came up with this idea after visiting fort snelling, right, a cemetery where you came in contact with other parents who have lost their children in this war. >> yes, i did. i met many of the mothers at the cemetery and then i also went to many of the visitations and attended many of the burials out at fort snelling cemetery and when you see the grief stricken faces of the moms, the spouses, the families, i just felt like i needed to do something because one of their concerns was that no one would ever forget the sacrifice of their sons. >> right. >> and they thought -- >> when they lose a child so young, they want people to keep remembering them, right? and i have to say i had a chance to look through this calendar, patricia and i read every single word. i could not put it down as i was looking at the faces of these young men and women who have given their lives for this war and we're looking right now through this calendar so each month, you dedicate to a fallen soldier from the state of minnesota. >> that's right. and it's an ongoing project. we'll be doing a calendar every year until all these fallen soldiers from this war on terror are honored. >> and i know that you are a mom of a minnesota national guard soldier and a double blue star mom. >> that's right. >> what can other people in other states who are watching this right now and say we want to honor the people in our states who have given of their lives. what can they do? >> well, i would hope that every state would do a calendar to honor their fallen soldiers. i think it's a great way to remember them 365 days a year. and we were fortunate enough that jen turkot whose husband nick is in the calendar was a graphic artist by profession and she volunteered to do this with the real project of love for her, you know, her husband to do the calendar and it really comes out in the calendar that this whole project was one of honor and of love. >> right. >> and these people were human beings who had families and children and parents. it's a very moving tribute, patricia. and i honor you for putting this together. people want to order it, they can go to militaryheroesfoundation.org or go to fox and friends.com and we'll link you up to the web site. thank you so much for being our guest today. >> thank you. >> coming up on our show, congress looking nothing like the founding fathers envisioned. will we ever have a congress that protects our liberties? judge napolitano continues his special series. and mark mcgwire finally coming clean about using steroids but is he really sorry? we'll talk to a writer from "sports illustrated" who has been covering this story since the very beginning. it's not fun. my dry skin is deep down uncomfortable. 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[ female announcer ] new moisture wrap body lotion. . unlock an outdoor dreamland for your indoor cat. exciting flavor combinations, plus a touch of garden greens make it irresistible. friskies indoor delights. feed the senses. >> it's 14 minutes before the top of the hour on this tuesday. and some quick headlines. the gao, the government accountability office says prices for more than 400 brand name drugs have jumped as much as 10 times in the last eight years. the gao says a lack of competition could be to blame. the price of brand name drugs has been a sensitive topic as congress grapples with controlling health care costs. meanwhile, is america on line, aol giving the axe to 1,200 workers this week. the struggling on-line company is still restructuring. aol says it didn't get enough workers to accept voluntary buyouts. it spun off from time warner last month and now they've tried buyouts and now some layoffs. all right. brian and gretchen? >> former home run hero mark mcgwire finally admitted he used steroids when he broke the home run record in 1998. in fact, he useed it for at least a decade. he told the mlb network, bob costas yesterday why he took the drugs. >> the only reason that i took steroids was for my health purposes. i did not take steroids to get any gain for any strength purposes. >> why did mcgwire finally come clean now? we're joined by "sports illustrated" staff writer david epstein. good morning to you. >> good morning. >> most people would think he came clean because he's going to be the hitting coach now for his former team, st. louis and so how can he possibly be the hitting coach unless he fesses up, right? >> absolutely. he kind of admitted that and it's clear from a reporter's standpoint this would have drawn out into the baseball season and would have just been more protracted process of examining him and criticizing him unless he did this and tried to get it out of the way up front so, you know, he's a month away from joining the camp, a strategic approach to try to get it out of the way before baseball takes center stage. >> opportunity missed. now his emotional cry was that some problems with his tests, what he was telling bob costas. what are the problems you have? >> well, first of all, his contention that this didn't help him hit, you know, this was along with his famous quote about i'm not here to talk about the past, his new famous one will be i took steroids for my health. you don't usually hear that from anyone other than a cancer patient or something like that. him saying he just took it for his health. >> disingenuous at best. >> disingenuous at best. just because you're a steroid user, you can't say it didn't help me in this way or that way. it works like rocket fuel. to say it didn't help you hit, it's co-incidence you hit 70 home runs. >> didn't remember what he took. they had a breakdown and an f.b.i. guy infiltrate inside. they know exactly what he took and it includes four steroids. >> right. you're talking about a decade of use. he's saying, i don't know what i took but i took really low dosages. >> not true. >> right. what are the -- i would have liked to see more inquiry into that. low dosages by what, you remember the cc's but not the name of the steroid? that's really -- >> also, he did not admit to the human growth hormone which many people believe probably was associated with his use. what do you think? >> he admitted to using it once or twice. he said he tried it maybe once or twice. he couldn't totally remember. his brother who was pitching a book deal around a couple of years ago said he used it regularly. daily news reported that he useed it and again, i think that called into big question about his in his eye-hand coordination. >> should roger maris get the single season record back? >> there's so many -- i think people will consider him the single season record, yes. >> we have to do it officially. this guy cheated. he admitted he cheated even though he didn't go all the way. >> home run record -- >> isn't that sad? >> we're back to hank aaron and roger maris pretty much. >> that's a very interesting way to end the interview. david epstein, that is, from "sports illustrated" thanks so much. >> thanks for having me. >> our founding fathers, they never would have envisioned all this steroid use. >> they were not on steroids. >> that we know of. >> they created congress. >> ben franklin was really husky. >> with just 17 specific powers but things have changed a whole lot since then. judge andrew napolitano continues his special series on the constitution next. >> also not juicing. he was doing his job in the wal-mart greeting customers when he was punched in the face. why was he fired? you'll have to hear this one. >> all righty. welcome back. as you all may know, fox news senior judicial analyst judge andrew napolitano is examining the constitution all this week in a new series called "the constitution and freedom" available at foxnation.com and the response yesterday, overwhelming. today, in part two, he looks at the constitution and the congress. let's take a look. >> the philosopher once wrote that power corrupt, and absolute power corrupt absolutely. he was right. congress does not draw to its halls those who love liberty, it draws those who love power. we suffer from that today. after over 200 years of stretching the plain meaning of the words in the constitution, we now have a congress that thinks it can write any law, regulate any human activity and tax any event no matter what the constitution says. but the constitution was not written in order to enable congress to write every wrong. it was written to define the federal government, to limit its behavior to the 17 specific delegated powers contained in the document and to leave the remaining power in government to the states. >> that is a great special and the judge joins us love. judge, we were just talking out in the hall about through the years, congress has come up with some very creative ways to do the stuff that clearly the constitution does not say they can do. >> it has. if there's an area of human behavior that the congress wants to regulate, that it knows it doesn't have the authority under the constitution to regulate, it will bribe capital, the states to do so. example, congress wants to lower the speed limit. it knows it can't control speed limits because highway safety is exclusively for the states. so it will go to, for example, the state of new jersey and say we will give you the money to repave route 80 and repave the turnpike if you will lower the speed limit so the state says, of course, we'll do that. >> something wrong with that? >> yes, it's called a bribe. if brian kilmeade went to the legislature of the state of new jersey and said change the law and i'll give you cash. you'd be arrested. >> that never happens in jersey. totally foreign to them. >> i picked new jersey essentially but the point is that the congress doesn't recognize the limits put on it by the constitution. >> who would? who is the overall regulator to keep the balance of power fairly balanced? >> if the supreme court were faithful to the constitution and it is far more faithful than the congress is, we would have a smaller government today in washington and more choices. ronald reagan used to say the beauty of our system is you can vote with your feet. if you don't like the taxes at massachusetts, you can move to new hampshire. if you don't like the regulations in new jersey, you can move to pennsylvania. >> a little complicated. >> right. but the more the congress regulates from washington, the less choice there is. the less differentiation there is between the states. >> what do you say to the naysayers who say similarly to the bible which was written years -- hundreds of thousands of years ago that maybe the constitution is being interpreted differently now in current day times? >> it is being interpreted differently because there is a theory among lawyers, a few of whom are sitting on the supreme court that the constitution is a living document that changes with the time. it doesn't. it says it's the supreme law of the land. if it still were the supreme law of the land, we wouldn't have these problems that we have today which is too much power in washington. >> there's no doubt about it. not only can you get more on this on foxnation.com on the series, how many parts is it? >> five parts. today is part two, the congress. >> you can also get this hat. all at foxnation actionwear. what else do we have? we have t-shirts. >> we have pictures of brian and the judge. >> this hat. >> go to foxnation.com and you can see one and choose parts from yesterday and today and by friday, you can see all of them, right? >> correct. i think they're interesting lectures. they're about five or six minutes each. >> fantastic. see you back here tomorrow. >> you got it. >> thanks, judge. >> see you on the radio. >> see you -- we'll hear you on the radio. >> straight ahead on this tuesday, the man who helped define the legal lines of the war on terror for the bush administration says obama is using a losing strategy. he joins us with specifics on how to get on the offense. >> and this hockey game gets canceled after only four minutes because of a fight. why it's different than any other hockey throw down. what's wrong with that? 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(announcer) to join the myboniva program and get one month free, go to myboniva.com or call 1-877-287-9140. >> a very good tuesday morning to you. it's january 12, 2010. thank you for sharing your time with us today. well, the new poll numbers are out for the president and well, they're not so sweet. dropping to the lowest number yet. will this change anything? at the white house? >> meanwhile, up on capitol hill, senate majority leader harry reid out in nevada actually speaking out for the first time since saying president obama has no negro dialect. why his office was completely caught off guard by the headlines and how they scrambled to stay up until 2:00 a.m. to try to fix it. president obama's number two guy cannot hide from the authors of "game change". fantastic joe making headlines. >> you cannot go to a 7-eleven or a dunkin' donuts unless you have a slight indian accent. >> revelations coming up on how president obama felt about his running mate during the election. meanwhile, our slogan this hour comes to us from tom in vermont, "fox & friends", the news source for me, sharp, witty and current and appear to be steroid free. >> appear. >> hi, i'm jenny mccarthy. you're watching "fox & friends." >> i did not meet jenny mccarthy. was she here? >> she was. >> a couple of times. >> with autism and nutrition. >> wow. >> anyway, let's get right to your headlines because we have a fox news alert for a tuesday, a major operation under way against shiite militants in yemen. security forces going door to door now in the northern region leaving 19 militants dead and 25 people also arrested in this sweep. the sadah rebels have been fighting the government since 2004 and they're dealing with al-qaida and rebels in the southern part of that nation. a former gitmo detainee claims the u.s. government faked that christmas day bombing. the man now living in france believes the u.s. staged the whole thing so they wouldn't have to release any more detainees to yemen. well, that guy made headlines 2008 when the supreme court took his case and ruled that detainees have a right to challenge their detention in federal courts. giant retailer wal-mart is pulling children's jewelry like this off its store because they say it could be toxic. this after an associated press investigation found that some charm bracelets and pendants manufactured in china have high levels now not necessarily of lead but of the metal candimun. it can hinder brain development in small kids. the feds are investigating the finding. president obama may slap a new tax on banks to recover some of the taxpayer money used to bail them out and reduce the federal deficit. white house sources say it would also discourage excessive risk taking that many say led to the financial collapse. the government could lose at least $120 billion on the bailouts, most of that money from auto and aig insurance assistance. remember taylor pugh? the 4-year-old boy suspended after his parents refused to cut his long hair? a texas school board now agrees to adjust the policy allowing the boy to braid his locks. taylor has been under an in-school suspension since november. his parents say the compromise still not enough. >> anybody you look at in history has constitutional rights. >> his mother says braiding her son's hair would make his scalp bleed. he plans to take him to school today with a ponytail. i feel sorry for that kid sort of. come on, the kid doesn't have anything to say in this whole argument. it's really the parents. >> we had mom on a couple of weeks ago and she said she was not going to send the kid to school because he was just going to have to sit in the library and they simply said just cut his hair. just cut his hair. i'm not going to cut his hair. it goes on. >> hairy story. >> that's all. senate majority leader harry reid has broken his silence after that political firestorm over those racial comments he made. reid says he's not going anywhere. with details on this and so much more, kelly wright joins us from washington. kelly, the reid camp was caught off guard. it all started, i think, it was friday night when mark from the atlantic called and said hey, what do you guys make of harry reid saying this? and that's when they went into damage control. >> and indeed they did very quickly, i might add, too, calling all hands on deck to actually get out and tamp this thing down before it exploded which it did, of course, but senate majority leader harry reid had made his remarks privately to the authors of "game change." his staff apparently telling him it was off the record so his guard was lowered but he made his apology and on the record -- and publicly. >> i've apologized to the president and apologized to everyone that's within the sound of my voice that i could have used a better choice of words. >> this is a good man that's always been on the right side of history. for him to have used some inartful language in trying to praise me and for people to try to make hay out of that makes absolutely no sense. >> now the senate majority leader harry reid has apologized and the president accepting his apology without question. the damage control continues in order to help reid win his re-election bid in nevada. political points out that rumors that he would call it quits, democrats intensify their efforts to reach out to african-american voters and in both nevada and in washington. on thursday, reid's campaign will hold an african-americans for reid event headlined by prominent democratic political strategist donna brazil along with other black senior leaders. republicans make no bones about it, though. they believe it is the clear case of a double standard, republican party chairman michael steel, for example, indicating if republican had used such words as light skinned african-american candidate without a negro dialect, it would be considered racism. well, the g.o.p. also points to former senate majority leader trent lott who stepped down after praising senator strom thurmond's 1948 presidential run on a segregationist ticket, white house press secretary robert gives said those making the comparison between reid and lott are dead wrong. reid believes his position as majority leader remains secure and on monday, reid's team announced that obama or president obama would head to nevada in february at an event rescheduled from january but a clear sign of the president's support for the embattled leader. the president also spoke publicly for the first time in strong support of the nevada democrat. back to you guys. >> thanks, kelly. >> i don't know if that's going to help him in the senate race. he's getting trounced big time and yesterday, you said steven a. smith had a different take than most people about this whole case. >> yeah, we'll try to bring the clip to you a little later on, steven a. who used to be with espn and a sports analyst was on last night and he said look, if trent lott lost his job over that kind of comment, harry reid should lose his leadership job as well. meanwhile, i heard one of the authors of this "game change" book on the radio yesterday saying we had no idea that this harry reid comment was going to get such air play. now, what -- i haven't read the whole book yet but it's explosive. in the book, hillary, john edwards, also john mccain all brought down by their personal flaws really and somebody who appears kind of above it all comes off pretty well is barack obama. so far from what i've read. >> right. >> coincidence? >> bill clinton is somebody that's really taking a beating. evidently, he shows -- he comes out to be very shrewd but also a bit volatile. >> sure. >> and really starts standing up and taking control to a degree after iowa was a disaster which they finished a distant third. >> and see, i don't think that that much about bill clinton is a revelation because throughout the hillary clinton campaign, we saw him erupting. we saw a different bill clinton playing out front and center. but nonetheless, in this book, they talk about the fact that bill clinton just didn't think that barack obama was ready for the job of president. >> his view was that obama was not ready to be president. that he wasn't experienced enough, that he didn't understand policy well enough. he thought it wasn't his turn and when obama beat hillary in iowa and the democratic party started to coalesce around obama, he couldn't believe it. he was upset and he thought ted kennedy might be able to save us and he got on the phone with kennedy a few days after iowa and they got into a heated argument. >> because at that time, ted kennedy came out and said i'm going to endorse senator barack obama and when he saw bill clinton's reaction saying you're only doing it because he's black and a couple of years ago, he was getting us coffee. when he saw that reaction, ted kennedy according to this book said now i know for sure i made the right decision. >> right. he was not going to go with hillary as was the intent, clinton was going to back barack obama. there's all the revelations about bill clinton and the fact that apparently there was one particular person who is still working for hillary clinton who was in charge of keeping an eye on any marital infidelity. >> that was her job. >> absolutely. cheryl mills who was apparently in the east wing at the white house and now i think is chief of staff for hillary clinton at the department of state, that was kind of her job, according to this. we haven't heard much from clinton machine. you know, usually back in the day when a book would come out with a lot of allegations, somebody would come on tv and say that's not right. that's not right. that's not right. there's an item today in politico that talks about, perhaps, one of the reasons we haven't heard from the clinton machine is the fact that a lot of the insiders who talked on the -- off the record but to the two writers are actually the sources for this so they cannot go back and recant the stories that they gave the authors. >> evidently they have hillary using a curse word, that big one, at least 12 times. and when bill shaheen, remember him, stood up and said you know what? i have reason to believe that barack obama was a drug dealer, her reaction was good for him. let's push that out. >> yeah. >> so hillary who was also early on ironically a big fan of senator obama when he was trying to become u.s. senator obama, she one time was delayed on the tarmac for over an hour and they said let's forget about you appearing for him. she said no, no, no i want to go and she missed the first event. went to the next two because she thought there was something special about him and wanted to see him in action. >> i think it's interesting to hear about some of these conversations. i mean, for example, the senator ted kennedy conversation, we'll never know if that's true or not because he's no longer here to say whether or not that's true but the idea that she would be, you know, wanting to promote something that came out about the guy that she's in a dead heat battle with, i get that. i mean, i'd say the same thing for a gay or another woman because she wanted to become president. so that to me is not revelationary because that's the way that politics work. it's interesting to see the little tidbits about the conversation. >> if it's just made up where obama is a drug dealer, that's kind of crazy. one of the things about it as well is this book comes out right now at a very bad time for the president of the united states. a brand new cbs news poll has given barack obama the lowest approval ratings of his presidency. right now, he is down to 46%. that's down 4% in the last month. 41% of americans say they disapprove of his performance. now, when you break it down, republicans, 13% approve him. but here's the important thing, with independents, he has gone down 10 points to 42%. and it's the people in the middle that put you in the white house. >> one of the things that apparently the president, according to this book again, "game change" is upset about is his own vice president. joe biden and he was wondering as a lot of the american public was, when is he going to stop making all of these gaffes? >> that's what he evidently said. here's one of them. in 2006, this is typical of then senator joe biden. >> the largest growth in population is indian-american. moving from india. you cannot go to a 7-eleven or a dunkin' donuts unless you have a slight indian accent. i'm not joking. >> ok. and he's not joking. >> that's why he didn't win. >> remember what he said about barack obama. he was articulate and clean. >> our next guest says president obama's airline security strategy will not keep us safe and he's got a plan for what he says will work better. john hugh, a top terrorism official in the bush administration breaks it down. >> then he never wanted this video to make the light of day. the l.a. chargers, ladamien tomlinson. we'll show you the whole video believe it or not. (announcer) time brings new wisdom new aches and pains, ...and new questions about which pain reliever is right for your body. tylenol 8 hour works with your body, with one layer that dissolves quickly... ...one layer that lasts all day ...and no layers that irritate your stomach the way that ibuprofen can. it's tough on your body pain. not on your body. >> nigerian terror suspect, the underwear bomber pleads not guilty on charges that he tried to blow up that plane on christmas day but most americans are still wondering how he was even allowed on the plane in the first place. why our air passengers from nations with heaviest terror activity and lack security not subjected to more scrutiny? are we so afraid of international public opinion that we're putting ourselves at risk? >> our next guest takes a hard look at the obama administration's war on terror strategy. he is a former deputy assistant attorney general in the office of legal counsel at the department of justice and also the author of this brand new book, it's called "crisis in command, a history of executive power from george washington to george bush." do you see a problem with the way we're treating these terrorists or are we do something the constitution demands we do? >> i think there's a big problem and as i show in the book, presidents are by the constitution required to protect the nation from attack. that's the number one duty. what i worry about with this president is he's not fully using the powers of the president at war. i think it's almost in this administration's d.n.a. to think of terrorism as a law enforcement problem and to think of terrorism as a crime and not to think of it as an act of war. >> you even take it a step further because you believe that they have a touchiness for civil libertys in the sense that some of their actions with regard to terror are so they don't upset the civil liberties of the terrorist. >> exactly. if you look at how they're treating the underwear bomber. you're looking at the decision to try khalid sheik muhammad here in new york city, in civilian court, these are people who are enemy soldiers and they should be detained by the president under his war power as enemy prisoners and they should be interrogated. last thing they should be getting is lawyers, miranda rights and a chance to appear before a jury of americans and have the same right as americans would have if they were tried for criminal problems. >> in your research for this book, in history, have there been other situations where presidents have acted differently in similar circumstances? >> yeah, one of the things i try to show in my book is that our greatest presidents, the ones everyone agrees are greatest, washington, lincoln, fdr, when they were faced with challenges some by war, they responded by using their powers as commander in chief, using their military powers. all three of those presidents are using military courts. >> are they going out of constitution to do that? >> no, the constitution states in wartime, the president has to step forward and use his power to do things like try suspects in military courts, rather than civilian courts. >> let's go back for one second. i don't have a lot of time. i want to know your thoughts on any special scrutiny that people who want to fly to america should face. >> i think we should be doing things like special scrutiny for people from countries that have terrorism problems, countries where some of their citizens have -- >> profiling. >> have been terrorists here before. we have enormous abilities using computers and data mining to look for these kinds of patterns. and what i worry about is in this administration's, again, d.n.a. they are incapable of unleashing our intelligence agencies to the full. take for for example, president obama wants to prosecute c.i.a. officers and not unleash them on our agencies. >> thanks. >> thank you for having me. >> explosive details revealed about hillary clinton and john mccain. what's really true? we'll ask two of their former advisors. >> and wal-mart greeter is punched out by a customer. so why is he getting fired? >> welcome back, the numbers now. first $23, that's how much delta airlines is charging to check a first bag. that's an increase and the second bag $32. $145 million is how much the fed will return to the treasury for 2009. according to the calculations by "washington post" backed by public documents by steve doocy, that's how much a 30 second commercial will cost during next month's super bowl. the price is down from last year's average of $3 million per ad. >> surprisingly affordable suddenly. the new book "game change" is a bombshell rocking washington, d.c. many of the dirty little secrets from the 2008 campaign trail are being exposed but is the book an accurate depiction or just juicy gossip? let's talk to former hillary clinton campaign advisor joining us right here, screen left appropriately and former mccain campaign aide david tukki who joins us screen right appropriately. good morning to both of you. >> good morning. >> all right. let's start with you because you even started in the commercials, you said, you know, i don't really like to talk about gossipy stuff like that. there's a lot of gossip in this. >> absolutely. i don't know if these are writers for new york magazine and "time" magazine or "the young & the restless." there is so much gossip. >> it sounds like some of the candidates were like "the young & the restless." >> so much gossip and so much trash talking, i think these authors particularly went after women and that's bothersome to me. i think this offers nothing for a reasoned political meaningful political discourse. and, unfortunately, the media has jumped so far into this conversation and really is dwelling in gossip and probably a lot of disgruntled ideas from campaign aides. >> and neither of you were interviewed for the book, we should point out. >> right. >> that's what they said a moment ago when i had the lie detector on them. let's talk a little bit of something going on in the democrat side. there was this infighting between people, are we going to support hillary or support obama? it seems like a lot of people who were apparently secretly for obama were telling hillary, oh, we're on your team until he leapt ahead and suddenly, we're with him. >> i think what happened was you had both republicans and democrats that had seen the clintons for many years thinking that they're definitely going to find a way to pull this out and even up to puerto rico, remember the puerto rico primary, there was a plan of how hillary could pull it out if she had a big victory in puerto rico and so people weren't about to get on the wrong side of that. but you had obama -- >> hate to back a loser. >> you hate to become a loser but obama was kind of the classic american underdog and people got behind him. >> what do you make -- the book does talk and i know you're going to say it's a little gossipy but talks about how there was somebody on hillary's staff who was dedicated on keeping an eye on bill clinton and his girlfriends. >> you know, i think campaigns have various war rooms for various issues. >> but a girlfriend war room? >> i have no idea the truthfulness of what was going on in these conversations but again, i think that we are doing the american public a disservice by focusing so much on gossip and look at the words that they describe women. bitter, befuddled, freaky, abusive, condescending, crazy women, this is how they refer to most of the women in this book. that's really troublesome. and i think we have a responsibility in the media to call this out. i really have respect for mark's writings in the past and this just makes me think that they sunk to a new low. >> but nobody has come out and said that did not happen. >> well, again -- >> harry reid hasn't come out and say yeah, didn't say that. i said it and i'm sorry. >> he apologized. i think things can be taken out of context. i met john hileman in a green room one time. he wasn't nice to me. he was really stand offish. there's many things that i could say about him based on our interaction for a few minutes that have nothing to do with fact. i think we have a greater responsibility for the political discourse to have more meaningful conversations. >> i think that this book is capitalizing on what was the most captivating election in american history. and whether it was because of the events or the way that the media has changed so that every event was covered every moment, i think that people really are still interested in hearing about all the details of what happened. >> argue all the time in real life, you know, that's the reality of marriage, i think going in depth into what is an argument that john edwards has with elizabeth edwards in the parking lot, that really does nothing but, i think, undermine the political dialogue and make it more difficult for people to get into politics and that's a public disservice. >> thank you very much for joining us to talk about this book. we should point out that of all the families involved, the edwards family is there like no other family. it's quite an eye opener. >> thanks to both of you. >> straight ahead, thousands of american troops now arriving in afghanistan, what's waiting for them on the ground? we are live in kabul coming up next. and you know, there's a smart phone app for almost everything these days. now there's one for your car. really cool innovations when we head live to the detroit auto show. and he never expected to make a video like this. lt doing his own version of the super bowl shuffle and taking a whole lot of abuse! for being a dancing machine. that straight ahead. [ birds screech ] [ loud rumbling ] [ rifle fires ] [ announcer ] if you think about it, this is what makes theladders different... from other job search sites. we only want the big jobs. join theladders.com. only $100k+ jobs and only $100k+ talent. and now, all premium members get a free résumé critique. >> half past the hour of 7:00 on a tuesday. thank you for sharing your time with us today. two air strikes have killed 16 insurgents in afghanistan's province. the general says the rising presence of international forces is helping to gain some momentum against the taliban. joins us from kabul with an update this morning is connor powell. good morning to you. >> good morning, gretchen and for the last year or so, general mccrystal has described the situation here afghanistan as serious and deteriorating. in recent weeks, they are being more cautiously optimistic describing the situation as serious but no longer deteriorating. from a distance, this seems a bit odd. in 2009 violence to u.s. troops hit record levels and the taliban is reportedly as strong as ever. and so this optimism seems a bit misplaced but commanders say their reason for the optimism stems from the operation launched last july in helman province, about 1,000 marines landed there with the goal of instituting general mccrystal's new strategy here in afghanistan which is to clear the taliban out of population centers to begin holding that area and then to begin rebuilding it. and commanders say in recent weeks, in recent months, they've seen real progress. violence is down in the areas where the marines went in this summer and tribal leaders are beginning to work with the u.s. military and national partners so they see some -- >> looks like we may have lost the satellite all the way over there in afghanistan as we were going to be wondering how the winter weather would be affecting the troops over there. let's see if we have connor back in case he can answer that question. are you back? i was wondering how the winter weather in afghanistan, so much is made about the fact that this is rough terrain and then on top of that, that we're heading now into a rough weather season. what can you tell us about that? >> well, this is the height of the winter weather right now, we have that snow up in the mountains and many of the roads are, you know, extremely unusable for vehicles, especially these big trucks that the military moves around to. so fighting and the violence has decreased a great deal over the past two or three weeks and even maybe the last six weeks. it's really expected to be quiet er but not completely quiet. there is still violence especially down in helman where the marines are operating. so it's calmed down in afghanistan but there is still some very heavy fighting in parts of afghanistan especially where the marines have launched this new operation earlier this year. gretchen? >> conor, thanks very much for that update. touch base with you again. other headlines? >> yep. other headlines right now. a tense meeting between president obama and union leaders at the white house. why was it tense? they were talking about health care reform. irate lead labor heads are upset with the president's decision to tax health care benefits. the president reiterated his support for the tax during the two-hour meeting. labor leaders calling it an assault on middle class families but they're not suggesting to kill the whole bill yet. the house also comes back today and will tackle health care negotiations on their side. gretchen? >> the president and first lady will travel to wilmington, delaware this morning to attend the funeral service for vice president joe biden's mother. the president is not expected to speak. a wake was held last night. biden's mother katherine jean finnegan biden died on friday at the age of 9 it 2. she stepped into the national spotlight during the 2008 presidential campaign after making several appearances with her son. >> new jersey could become the 14th state to legalize medical marijuana. lawmakers approving a bill allowing the use of medical marijuana by patients with severe illnesses. the outgoing governor john corzine says he'll sign this bill before leaving office next week. under the bill, patients must smoke marijuana grown and distributed by at six state monitored locations. they're in the garden state. all right, meanwhile, let's take a look at what's going on. another rainy day out west. and we had some rain, a little bit of snow move through portions of the northeast from the mid atlantic. big story today, it's not quite as cold as we've had over the last couple of days. sure, tell that to people in minnesota and minneapolis where it's only 3 but look at kansas city, they're all the way up to 21. keep in mind, a lot of these temperatures continue to be below freezing and that is a problem particularly for the folks down in florida where the oranges are like snowballs right now, ice balls. currently in new orleans, it is 34 in the big, cold easy. we have 31 in dallas and it's freezing in raleigh. hang on, raleigh. later on today, 41. above freezing. in new orleans, 52 but for the most part, new england, down through the chesapeake, temperatures in the teens and 20's. a couple of 30's. back through the northern plains. across much of texas, they will thankfully return to the 40's, 50's and the 60's. but boy, oh, boy, brian kilmeade, it is cold in st. louis in a lot of ways. >> yep. mark mcgwire admitting he used steroids on and off for nearly a decade including in 1998 when he broke baseball's single season home run record. the former cardinals and a's slugger expressed regret for his decision. but says he juiced to overcome injuries. >> the only reason that i took steroids was for my health purposes. i did not take steroids to get any gain for any strength purposes. >> but did you get that gain incidentally? >> i learned how to be a better hitter. there's not a pill or an injection that is going to give me the hand-eye or give any athlete the hand-eye coordination to hit a baseball. >> we know differently now. the ball, he moved the bat quicker through the strike zone and also know you have tremendous endurance to continue to practice. mcgwire has fallen well short of being voted into the hall of fame in the first two years of eligibility. all right. those of you wondering what former nhl store jagr is up to these days? here is what he is. he's on left there. jagr involved in a hockey brawl in russia that forced a game to be called off after only a few minutes. not known for his fighting ability, check out all the sticks and gloves on the ice. 637 penalties were handed out. so he's a little angry and a little tense. >> no kidding. >> that's a quick look at what's happening in the world of sports. >> all right. let's go ahead and brian, come over here. we want to do that segment we referred to as ripped from the headlines. first up, last friday in a town called newton, new jersey, it was a little before 8:00 and a guy who ran a pet supply store was opening up. and the car pulls up and these guys say, hey, you jeff muller? he said yep, i'm jeff muller. next thing you know, they tased him, threw him in the back of the car and drove him. there he is right there. drove him 1,200 miles out into lake of the ozarks, i believe, in missouri. and they were stopped in a convenience store parking lot and there was a struggle and the person who was operating the store looked out in the parking lot and the guy was trying to get out. they called the cops. next thing they know, they discovered he was kidnapped. they think it was some sort of business deal gone bad. >> and they got the wrong guy, actually. >> yeah. >> it wasn't the right jeff muller. >> let's talk about what happened at wal-mart. you know those greeters they have when you come in? they say hello, you know, happy day, whatever they say to you. well, one got punched in the face. one of the wal-mart greeters punched out by a customer and then apparently the greeter now fired for defending himself. >> how wrong is that? >> you're watching right now, the actual altercation. >> yeah. this apparently -->> the customer is always right. >> palm bay, florida. apparently the greeter 69-year-old ed bauman was talled by his supervisors you did a good job of defending yourself. now you're fired. >> ladamien tomlinson might find himself in the super bowl and he's the outstanding running back for the san diego chargers. is this something that's going to enhance his image? he's doing his own version of the super bowl shuffle. let's listen. >> ♪ now side step side step side step ♪ >> why wouldn't he want this out on you tube? i don't get it. >> why would you go to this length and produce something of this quality and not want everyone to see it? is this from this season or a couple of years ago? >> i think it might be a couple of years old. it's cool, though. say hi -- >> and it's gone viral. >> it has. >> so people are watching it all over the world. >> what did you say? >> that's how you lose to the jets. >> excuse me. >> everyone wants to be -- >> jets or vikings. all right. let's talk a little bit about the auto show, this is going on in detroit and it's day two and more ground breaking american autos are set to be unveiled. automotive analyst doug browner is live on the show room floor. what surprises are in store for today, doug? yesterday, you actually were peeking under the covers for us. are you going to do more of that today? >> yeah. yeah. no more peek-a-boo. i got in big trouble. they're telling me i got to get back out of here. no, we'll show you that car. they finally unveiled it. but a lot of product and gm really surprising me, gretchen, they are introducing seven new cars here at the detroit auto show. let's get right to it and show you a couple of cadillacs and steve and brian, i know you'll want this one. this is the ctsv coup. only 556 horsepower. how are you going to get to work on time on this? i don't know. 19 inch wheels. production goes into production this summer and this is the concept, gretchen, for you. an xtf, it's called a -- your personal headquarters on wheels. i love the dash. no word yet on whether they'll build it. this from gmc, the concept called the granite. i like the name. look at how much smaller these crossovers are getting and i love that interior. this from chevy called the spark. this is a new car. this will come to market in early 2012. a five door mini car and a good example of how cars are getting at least cars are coming to market, getting a little smaller with respect to the chevy division. all right. gretchen, i peeked under the skirt, so to speak, yesterday, honda finally took -- well, you know, it's a metaphor. >> call it a tarp. >> thank you very much. is it a tarp? i thought it was a skirt. this is the hybrid crz. it's the ultimate chick car. but i kind of like it, too, what's that say? it goes in production this summer. check out the subarus, outback and forest, subaru sales up 15% last year. these are built in indiana and i will tell you that the forester was the suv of the year for motortrend and mitchelin showin off a tire that is supposed to help save you gas. we're live in detroit. toss it back to you. >> very nicely done. doug browner with a look at what's going on today in detroit city. thank you. very nice. nice. we know what is a chick car and what's not. sometimes we get confused. >> i was surprised. it was red. usually that's a guy's car, isn't it? >> no, that's usually girls or a mid life crisis guy's car. >> coming up on the show, emails between aig and the federal reserve revealed. did tim geithner orchestrate a cover-up to keep you in the dark? a congressman has the emails and he's here next. >> kidnapped by iraqis, blindfolded and held for 311 days. thanks to this dramatic rescue, he survived and he'll be here to tell his story buried alive. winter can be beautiful. with relief from dry, uncomfortable skin. only aveeno skin relief has an active naturals oat formula... to improve all five symptoms... of winter skin in just one day. discover the beauty and comfort of skin relief. only from aveeno. >> all right. welcome back. 14 minutes before the top of the hour. treasury secretary tim geithner in hot water over the cover-up of a bailout aig during his tenure as the head of the new york federal reserve. but they say geithner didn't know a thing about it. >> secretary geithner was not involved in any of these emails, these decisions did not raise to his level with the feds. >> it wasn't on the emails that have been talked about and wasn't party to the decision that was being made. this is emails and decisions that were made by two people. that decision did not rise to his level. >> well, a lawyer for the new york federal reserve backs up the claim that geithner didn't know anything but our next guest, not so sure yet. congressman daryl isa is a member of the house oversight and reform committee. he joins us from washington, d.c. good morning to you, sir. >> good morning. steve, once again, it's not about the mistake which was huge, billions of dollars of american taxpayers' money gone probably forever, it is about the cover-up and these emails indicate that there was an attempt not to have the american people know what was going on. >> in particular, apparently, information went out from the new york fed to aig, hey, don't give up a lot of details. like don't tell people that goldman sachs is getting paid 100 pennies on the dollar. that's not a good idea. that's the cover-up you're talking about, right? >> absolutely. that's the cover-up and now it appears as though part of the cover-up is it wasn't -- they covered up from their own boss. if i were tim geithner, if he didn't know, i'd want to know why they thought that tens of billions of dollars being thrown away didn't rise to his level. that's part of the whole question is where is the arrogance when you say that it didn't rise to the level when it's the kind of money the american people are now wondering where it all evaporated. >> yeah. >> so are you saying you'd like to at least question the treasury secretary in front of your panel? what are the chances of that happening? >> well, i think they're fairly good. i think that our chairman is beginning to realize that we need to ask secretary geithner a couple of questions. first of all, did you know? second of all, why didn't you know? third of all, do you think these people should be fired because they did what they shouldn't have done and didn't tell you? these are fair questions that can't wait until tim geithner does his memoirs years from now. they really are about a period of time that we're still in. >> because tens of billions of dollars out of our pocket went into the pockets of the people at aig, you know, to bail them out. so it does make sense that we know where it went but just for even -- if it wasn't tim geithner, it was somebody else. we got to find out who these people are. can they be held criminally liable for this don't tell anybody business. >> well, certainly, they may be but more importantly, you know, we've held investigations about whether or not bank of america and merrill lynch properly disclosed their merger and some problems in it. we certainly should ask the question of should people continue to be federal related workers, fed workers at a high level if, in fact, they're part of a cover-up and they don't have enough respect for the american people to keep us from losing our money in their actions. >> congressman issa, stay on top of it. we'll look forward to seeing what comes out of your inquiry, thanks so much. >> thanks. >> he survived for 10 months in complete darkness being held hostage in iraq until a group of soldiers came to his rescue. he shares his amazing story of survival next. >> and today is january 12th. on this day in 1932, haddy caroway becomes the first woman elected to the u.s. senate. on this day in 1971 "all in the family" premiered and it was funny. number one song on this date in 2002 "how you remind me" by nickelback. that bought the saw... that cut the lumber... that built the extra space i needed to store more produce... that she sold to me to make my menu more organic. introducing ink from chase. the card that helped make it all happen because it's accepted in twice as many places worldwide as american express. with reward points worth 25% more when redeemed for air travel. make your mark with ink. go to chase.com/ink. chase what matters. without my makeup. now, it's no problem. 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(announcer) neutrogena tone correcting now you can fade and prevent discolorations all day. new tone correcting spf 30. >> a retired navy commander working in iraq as a civilian contractor was kidnapped in 2004 and held for 311 days. he was held captive by iraqi thugs underground, blindfolded, and bound until coalition forces were finally able to rescue him. roy hallums is here alive and well. good morning to you. >> good morning. >> when you hear that account, i see your eyes well up with tears. not many people have experienced what you went through, roy. >> well, somebody told me one time i was an expert in hostages and nobody else wanted to be an expert. so, you know, it is -- you know, when you hear it even though it's a few years later now, all of the emotions come back of going through being held and the situation there and then being rescued. you know, all of the actions that happened then. >> so you had 20 years of navy commander experience. but what i found fascinating, when people -- the number one question you get is how did you survive being blindfolded and bound? it all comes back to your family and the way in which you grew up and the one word that your father told you, you never say the word what? >> what? i can't. i can't. any time my sister and i would say something about can't, i don't want to hear that. you can. i don't want to hear can't. and when i was being held, i would go back to that and it was just trying to get through each day, hopefully you get something for breakfast. hopefully you'll get something for dinner. and you go on to the next day. and you just go on like that but then, month after month after month, you start thinking, well, you know, what's going to happen? when are these guys going to be tired of keeping me here and if they're not getting the ransom they wanted, what are they going to do then? >> right. after two weeks of being kidnapped, you said that you learned that most people were killed at that point. why do you think they kept you alive? >> they kept me alive because they wanted money. the f.b.i. has told me that normally, in iraq, if somebody is held for at least two weeks, they normally don't find the person alive and like i talk about in the book, they thought i was dead. because i was held so long and after the first six weeks, then a video came out of me. and that was the first actual proof that i was still alive. and then they knew i was still there and then the other people were taken hostage with me and as these people's ransom were paid and they were released, word would come out each time that well, roy is still alive. >> through the other people. >> through the people that were released. >> they finally find you. i can't imagine what goes through your mind. do you still have all of your capabilities to understand that these people are there to get you? >> well, when the rescue came, the army special forces, i was under the ground because the gang would seal me in with concrete. and so when they -- when the special forces came, i could hear people running around and talking but because i was under the ground, i couldn't tell if it was english or arabic until they actually broke into the room where i was and the soldier points at me and says, are you roy? and i said yes. he said, come on, we're getting out of here. so -- >> and it's all chronicled in this wonderful book called "buried alive, the true story of kidnapping, captivity and a dramatic rescue." roy hallums, thank you so much for being our guest today. >> thank you. >> coming up on the show, senate majority leader harry reid apologizing for saying president obama has no negro dialect. why is it all that it takes for democrats but republicans seem to be held to a higher standard? we'll pose that question next and we'll get her take on sarah palin, too. now working right here at the fox newschannel contributor. some lunch. you hungry? yeah. me too. (door crashes in) (broadview alarm) (gasp and scream) go! go! go! go! go! go! (phone rings) hello? this is mark with broadview security. is everything okay? no. someone just tried to break in. i'm sending help right now. thank you. (announcer) brink's home security is now broadview security. call now to install the standard system for just $99. the proven technology of a broadview security system delivers rapid response from highly trained professionals, 24 hours a day. call now to get the $99 installation, plus a second keypad installed free. and, you could save up to 20% on your homeowner's insurance. call now - and get the system installed for just $99. broadview security for your home or business - the next generation of brink's home security. call now. good morning, everyone. tuesday, january 12, 2010, thanks for sharing your time today. harry reid speaking out for the first time since saying president obama has no negro dialect in that book. >> apologized to the president, i've apologized to everyone within the sound of my voice that i could have used a better choice of words. >> this cost reid his seat in washington. >> we will report and you can decide. >> meanwhile, the food police are out on patrol cracking down on how much salt is in the food you eat. do we really need the government telling us what we can and cannot eat and what it all has to do with health care? we will explain expand on that. man, does that look delicious. >> the government doesn't want you to eat that, you're not allowed to eat that, the government says. mark mcguire admits he cheated his way to the top. >> i've let a lot of people down. it doesn't feel good. all i want to do is come clean. >> is an apology too little too late. does he tell everything he know knows? he said, i would never find "fox & friends" at fault even if they were using too much salt. i had no professional training. >> that's me. >> i do have to bring my one headline from that day when mark mcguire eight his 62nd homerun. this is when everyone said he was a hero, unbelievable class. wow, has that changed. >> and you were out there and you had that in your office, these many years. now that it deserves the asterisk, what are you going to do? >> give it to john, there you go. >> a collector's item now. >> it remains whether or not an asterisk will be there, though. >> yeah, it has no record now because bonds clearly, it's all been a done deal that he cheated. he admitted that he cheated t. should go back to the maris family. >> good luck on that. our headlines because we have a fox news alert, major operation underway against shiite militants in yemen. security forces going door to door in the northern region leaving 19 militants dead, 25 people also arrested in this sweep which is being dubbed operation blow to the head. i like that title. the rebels have been fighting the yemeni government since 2004. yemen also dealing with that resurgent al-qaeda rebels in the south. the u.s. and south korea have rejected north korea's attempt at peace talks. the north wants to talk about firmly ending the korean war. it ended in a truce, not a peace treaty. the u.s. says north korea first has to disarm its nuclear program. early last month, they agreed on the need to resume the talks. no word on when that will take place. exclusive details this morning about that united airlines flight forced to make an emergency landing without all of its landing gear. new york post says that the radio system used by the ground rescue team crashed. airport patrol officers also lost their radio contact apparently because of utility work going on. the port authority says there were problems, but insisted that crews were always able to communicate with each other. reports of airplanes hitting birds could exceed 10,000 in the very first time when a final tally from last year is done. more reports of bird strikes started coming in after captain sully landed his plane on the hudson river last january. government figures show that there were at least 57 cases in the first seven months of 2009 that caused serious damage and three cases of planes and a helicopter were destroyed. the office secretary credited for helping hide anne frank and protecting her famous diaries has died at the age of 100. i don't know exactly how to pronounce her name. she defied nazi occupiers, seeking supplies -- sneaking supplies to anne frank during world war ii in amsterdam. she saved the die -- diaries and later gave them to ann's father. >> what a story. meanwhile what, a political story. this new book that is out, game change, hasn't really changed the game at all down in d.c join us now from our nation's capitol is the great laura ingram. good morning to you. >> reporter: good morning. >> you look what harry reid said and apparently mark ambinder who writes for the atlanta called his office on friday night and said, hey, what's going on? this new book is coming out and your boss said this. they went into damage control and didn't have a statement until 2:00 o'clock in the morning. how damaged is he, because out in nevada right now, in the polls, because he's running for reelection, a lot of people don't like him. >> reporter: harry reid is going to lose in november. i would be absolutely stunned if he were able to survive politically. i think that was the case before this scandal and it certainly is going to be the case afterwards. the main thing about this is that when barak obama comes out of that interview yesterday and says, well, he was saying nice things about me. i just love how president obama still makes it about him. not to say that president obama is a increase usist, that's not what i'm saying. what i'm saying in this damage control where president obama comes out, that's the end of the conversation, i have spoken, i know what's in his heart, he's a good man. of course, that would have definitely happened if it were mitch mcconnell. >> and the president was mad at us for dwelling on it, meaning the world. >> oh, yeah. >> they talked about the apology and accepting it. >> i've apologized to the president, i've apologized to everyone within the sound of my voice that i could have used a better choice of words. >> this is a good man who has always been on the right side of history. for him to have used some inartful language in trying to praise me and for people to try to make hay out of that makes absolutely no sense. >> hmm. >> here is what we have to remember here. the left believes that you really can't be racially insensitive if you have the right views on abortion, on affirmative action, on tax ax, on all these issues that they throw into this social justice sensitivity category, okay? so you can be racially insensitive if you're a conservative. but if you're a liberal, it's a lot harder to be racially insensitive because you have a good heart. it's ridiculous. >> it's interesting that you present. let's take a listen to what steven a. smith had to say on the hannity program last night. he's also african-american and used to be on espn. >> i think he should step down, regardless of whether you want to call it racially insensitive. when trent lott made his mistake in 2002, it was politicized. the politicians were telling us, there is a standard that needs to be set. when you're representing a constituency and you are representing american people as a politician, there's a certain standard and the certain level of behavior that you're supposed to conduct yourself with and if you don't do that, you can't hold that kind of post. well, if it applied to trent lott, why can't it apply apply to harry reid? >> you got a quid pro go. according to steven a. smith, if trent lott had to go, harry reid should have to go. although we had al sharpton on the couch yesterday and he said, there is no comparison between what trent lott said and what harry reid said. >> al sharpton -- i'm sorry to hear he was on the couch with you, but i'm glad you all had fun together. look, steven smith, great commentary, and he's being honest there. the double standard is obvious to most americans at this point and, again, none of this helps the democratic party. if they think that the president coming out and saying what he said yesterday is somehow going to move the ball down the field for the democrat, i think it makes it harder for the democrats moving forward. it hurts their credibility not on just the issue of race, but i think on other issues as well. it's not good for them. >> i know you love the political game of getting the inside story now with this book and let's hear a little bit about what sean hannity found out about the inner workings between bill clinton and the barak obama camp. >> his view was that obama was not ready to be president, that he wasn't experienced enough, that they didn't understand policy well enough. he thought it wasn't his turn. when obama beat hillary in iowa and the democratic party started to come around obama, he couldn't believe it. he was upset and he thought ted kennedy might be able to save us and he got on the phone with kennedy a few days after iowa and got into a heated argument. >> i don't know what is more shocking, that mark mcguire used steroids or that the clintons did not think obama had what it takes to be a president of the united states. i mean, i think we were talking about this a couple of years ago on this show, i think. >> sure. >> we were talking how bill clinton is like, my wife has been in this political fight, we're in the governor's mansion in arkansas, then in the white house, she knows her way around town, she's experienced, and this kid is going to defeat my wife? i wasn't surprised about that at all. >> i didn't think this was any new information. there is a lot of new information in the book, but that was not startling. what has been startling is that the clinton machine that we all have come to know in the last ten, 20 years, would have, in the olden days, immediately come out and said none of this is true or at least they would have been defending themselves. but where is it this time, laura? >> reporter: i have a different take than some people. other than the bill clinton comment of a couple years ago he would have been serving us coffee. i don't think what we've learned in other parts of this book about the clintons is necessarily bad for the clintons. if i were them, i would be doing the exact same thing. barak obama and the democrats right now are destroying themselves and i don't know what's going to happen in 2012. i don't know if hillary has any other ambitions. maybe she does or doesn't, but right now, i think hillary's numbers are higher than barak obama's. >> your conclusion is she's what you voted for, i was never for that if you're hillary clinton, so therefore, i'm out of that? >> yeah. why would i comment on this book? it's a no win for them and i think -- i don't think they come across as looking anything but like fierce competitors. >> and one other thing, in the book regarding the president is the fact that in the beginning, our vice president he felt was the most condescending u.s. senator toward him, joe biden, we've been showing some clips. we wanted to get -- because you're a viewer of all things cultural and media related. >> and you have cable. >> and you were on the fox news channel, how do you feel about sarah palin joining the fox news channel as a contributor? >> reporter: i am shocked and stunned and i'm now going to resign from fox. >> you had a good run. >> reporter: obviously great news. she's a force to be reckoned with on all fronts and i worked with her on this auction of her jacket from the cover of the book. we raised $55,000. i've had such great dealings with sarah palin over the last couple of years and long before she was picked by john mccain to be the vice president and it's a huge win for fox and i am standing over a fruit basket, both to cnn and msnbc today. both. sorry they didn't win out on that one. >> you're talking about the mccain guy? >> yeah. >> no, spilling his guts on 60 minute, no, that was not cool. >> we should point out, sarah palin will be on "the o'reilly factor" show which features laura from time to time. stay tuned, okay? >> yep. >> because straight ahead, remember when nancy pelosi promised to hold members of congress accountable, the most ethiccable correct me if i am wrong ever. is rangel in the clear three years later or has nothing happened? >> the food police at it again, this time the government wants to regulate how much salt you should eat. shouldn't we get to decide that? e-mail us or twitter us, let us know. laura ingram is back and she'll address this issue because you remember when nancy pelosi said that she was going to make sure that this congress was ethical. however, nobody has been punished under the congressional ethics rules in the last three years, although there has by all accounts, been some violators. >> reporter: well, i don't think that's very fair. i'm sorry. >> are you doing voices now? are you doing charlie rangel? >> isn't that sad? that's what it's come to. in the morning, i'm mel blanc from the old bugs bunny. a first year prosecutor right out of law school, okay, would have wrapped up the charlie rangel investigation indictment, all that would have already happened. but apparently they just have a lot going on up on capitol hill and destroying our economy. so they can't really focus on this insignificant case of a tax cheat, otherwise known as charlie rangel. so for him to stand you will next to nancy pelosi at these big health care announcements and so forth is just rich, right, because nancy pelosi just a year ago or so was saying, we're going to drain the swamp in washington. last time i checked, nancy has become the swamp monster. >> let's hear the speaker of the house all those years ago. >> how much did she sound like laura? >> thank you. >> what does drain the swamp mean? >> drain the swamp means to turn this congress into the most honest and open congress in history. that is my pledge, that is what i intend to do. >> actually you had a very good reading there. it's just very embarrassing to have -- for the democrats to have the guy who is the number one tax writer in america have all these tax problems and it's like, don't worry, if it's dirty, the ethics man will discover it. the meter is running, come on, nancy. >> reporter: moving into this midterm election, do you really want charlie rangel's face out there day after day? i mean, the taxes i guess we have to understand now are for the little people. congress, people like charlie rangel, the rules don't apply to them. they can have their condos in the dominican republic and have their separate accounts that are not revealed to congress when you do your vetting and so forth. look, again, cynicism and i think it really harms the democrats and their credibility push. it hurts them. >> they pay the price in virginia. they paid the price -- they might in new jersey and maybe in massachusetts. >> maybe in massachusetts. exactly. we'll see. >> have a fantastic week and we'll see you next week. >> see you. >> good-bye. straight ahead a new crackdown on limiting how much salt you eat. do we really need the government telling us what we can and cannot have on our plate? a fair and balanced debate next. >> simon cowell says good-bye? what? >> know when it's time to move on. i don't think you should be doing the same thing over and over again. >> there he is, what he's doing next and what it means for fox. ñ almost 23 minutes after the top of the hour. a couple quick headlines. prices for more than 400 brand name drugs jumped as much as ten times in the last eight years alone. that's according to the government accountability office. it claims a lack of competition. president obama makes a new tax on banks to recover some of the taxpayer money used to bail them out. he would use it to reduce the federal deficit. sources say the fee would discourage excessive risk that may lead or may have led to the financial collapse. so far they regulated transfats and they've battled high calorie counts and fast food, but this time new york city health officials are going national issuing guidelines to restaurants and food manufacturers across the country to cut out salt levels, down 25% over the next five years. but the big question is, should the government be able to decide how much salt is in our diets? what we really eat? joining us, here live in the studio, is nutritionist, the author of the o 2 diet. and senior research analyst with the center for consumer freedom, justin wilson, who is joining us from d.c good morning to you. >> good morning. >> carey, let's start with you, you think this is a great idea to have the food police tell us what we can and cannot eat salt wise. >> i do. americans consume about double the amount of sodium they should. that increases our risk for high blood pressure, which increases our risk for heart disease. they're not saying don't use the salt shaker. they're trying to control the amount of salt we get in our diet that we don't even know we're getting, that we find in packaged food and restaurants. we don't know we're getting it. let us take control. if you want to add some, that's your choice. at least have the choice. >> sure. but they're saying let's cut it down 25% over the next five years. yet, this statistic shows that we eat about twice as much salt as we should. so shouldn't they be cutting it in half? >> i think reducing it slowly, that's at least a start and a good place to go. >> justin, tell us why you feel that she's wrong. >> i think mayor bloomberg fancies himself to be a big brother. he's slowly but surely regulating new yorkers' diet towards being just plain old bland. i think it's just inappropriate for the government to mandate how much salt that we can eat. especially when you consider that not everyone needs to have a low salt diet. in fact, only about 30% of people with high blood pressure actually need to reduce their salt intake. the problem is that this is one size fits all policy for a very small proportion of the population and then the rest of new yorkers end up with bland food. i think if i was living in new york, i'd be stocking up on salt shakers. i brought my i love new york salt shaker for that very reason. >> justin, you are not a nutritionist and she is and she's nodding her head. you are so wrong, buddy. >> first of all, there is many ways to flavor food without adding loads and loads of salt. you can use herbs and spices and there is other ways to flavor food as well. the other thing, of course they should be looking out for us. i mean, think about smoking law laws. >> wait a minute, wait a minute. salt is not smoking. salt is not smoking. >> you need a certain amount of salt. what i'm saying is there could be at least a certain amount of control. yes, people need a certain amount of salt. it's not the devil. but we don't need the amount we're get not guilty packaged foods and that's part of as we live as a nation. >> that's why we have consumer choice, but at the same time, what you find is when people use the salt shaker, they have a tendency to oversalt the food, so if you're given a blandish, you'll put more salt on it than if the chef salted it properly. that's why, as this has come out, chefs across the city have complained and say, look, salt brings out the flavors in food. it's one of the basic components and salt was the reason why we created the generally recognized safe designation for food. >> justin, one other component is that there are some critics who say, look, we're getting closer to some sort of government-run health care and the more they take over on our health care, the more they're going to crack down on the stuff we eat. first it was transfat, then calories, now it's salt. next thing you know they're going to say, okay, if you drink too much, that could be bad. you could get into a car wreck, so we'll limit to you one beer a week. >> i think there is a lot of people that would say they should keep the government out of their bedroom and i'm the guy that says, we need to keep the government out of our kitchen, too. i fear that as we get closer to having a health care system where everyone pays the cost, we're going to be able to justify the way the folks on the other side do, more and more government intervention and in fact, that's what we see in canada and the u.k. where they say obesity is costing us so much, so we need to stop it with government regulation. >> we'll have to leave it right there, justin and carey, we thank you both for a spirited debate on the merits of salt. e-mail us, folks, what do you think? 28 minutes after the top of the hour. self proclaimed 9-11 terrorist coming to new york city for trial. 60,000 people, including members of congress, have signed a petition. so why is nobody listening to all those people who signed on that paper? and standing room only at a town hall meeting over plans to expand a mosque. we'll show you what happened. then, is nbc collapsing? there is a nasty corporate brawl involving jay leno and conan o'brien. straight ahead on why you should care. the white house announced president obama's state of the union address scheduled for next month will not air as the premiere of lost. they did that because viewers might get confused. lost is also the state of the union, lost jobs, lost houses. so the two, you could get them mixed up. >> jay leno is fair and balanced in his critiques. he did zingers about bush and he does them about obama. >> finally. but in the beginning, nobody did. >> that classic "new york times" story, every leader is subjected to comedy, except for barak obama because there is nothing funny about him. >> oh, really? he is the one person in history you can't make a joke about. >> what broke the dam was can i get awe cushion? saturday night live. >> can i get awe pillow. >> right. >> can we get you some padding. >> we're going to talk about the whole american dialogue and how important late night is in the conversation in a couple of minutes. right now, despite a tense meeting president obama called productive, there is still a divide between labor unions and the administration when it comes to taxing health care plans. from the north lawn of the white house right now, yep, there he is, kind of cold. but our man, mike emmanuel is joining us live. good morning. >> reporter: good morning. president obama does back the so-called tax on the cadillac health care plans, but says he also wants to protect the working men and women. some critics say he's trying to have to both ways. a dozen union leaders came to talk to the president about their concerns over taxing the so-called cadillac health care benefits. many leaders worry about this tax because they say it will hurt working families, both union families and nonunion families. they met with the president, his top health care advisor in the roosevelt room for two hours last night. again, the white house is calling it a productive discussion. the unions favor on taxing people making half a million dollars a year or couples making more than $1 million a year, which is in the house bill. here is the af, this cio president on his concerns. >> instead of taxing the rich, the senate bill taxes the middle class by taxing workers' health plans. not just union members health care plans. >> a productive two-hour meeting here at the white house, but no final resolution. the union leaders are not threatening to kill health care reform all together, but there is a growing concern over this excise tax, guys. >> this is a big deal, mike, because let's face it, the unions usually support the democrats, right? this is a huge, big deal with midterm elections coming up. >> reporter: you're right. you had chris dodd come out yesterday and say health care reform is hanging on by a thread. if they pull support, this could all fall apart. >> mike emmanuel, thank you for that thorough report, sir. >> other headlines for you. iranian professor, supporter of anti--government protests murdered. he was killed bay bomb attached to a motorcycle outside his home. he was a nuclear physics professor at tehran university and he had supported reform candidates in the disputed presidential election. iranian government denies involvement in his murder. meanwhile, in 40 minute, the president and first lady will leave washington, d.c. for wilmington, delaware to attend the funeral of joe biden's mother. the mass is set to start at 11:00 o'clock this morning. biden's mom died on friday at the age of 92. she stepped into the national spotlight during the 2008 presidential campaign after making several appearances, memorable ones, with her son. a new initiative just announced to help educate memories about the dangers of distracted driving. the u.s. department of transportation and national safety council announcing a group called focus driving, the group will use leadership research and education to prevent injuries and save lives. i heard they have the internet now on the new cars. >> i heard that, too. >> in the front seat. >> and aps to run your smart car. the fight over a mosque expansion project continues as people in georgia packed a city hall last night asking mayor preston to step down. they say the mayor was involved in a conflict of interest and is to blame for a federal lawsuit filed against the city by a muslim organization. preston agreed to sell the property for the expansion, but the city council rejected the plan because of zoning issues. the lawsuit claims the city councilman's decision -- city council's decision was unreasonable. it's official, break out the tissues. simon cowell is leaving "american idol." he won't be leaving fox. instead, cowell will serve as executive producer and judge on the american version of his hit u.k. show, the x factor, which will begin in 2011. you know when it's time to move on. i don't think you should be doing the same thing over and over again. most importantly, i just felt like doing something new. without any guarantees. you never know what's going to happen. >> the announcement coming for the season premiere of american idol on fox at 8:00 p.m. eastern. he says he loves paula abdul and wants to work with her again. and also apparently they offered him $145 million to stay at american idol and he said no. not about money. >> sometimes it's just bigger than that. time for a change. brian joins me for a reflection. >> yes. he has to live on just $45 million this year, so how is he going to make ends meet? you eat at home. >> he's going to start clipping coupon. >> right now. mark mcguire admitted he used steroids on and off for ten years, including in 1998 when he broke baseball's single season homerun battle. sammy sosa hasn't learned to speak english yet when i asked him that question. he expresses regret for that decision, saying he juiced to overcome injuries, not to get stronger. earlier, we spoke to sports illustrated writer and we asked him why he decided to come clean now all these years later. >> this would have drawn out into the baseball season and been a more tree tracted season -- protected way of him. he's a month away from joining the camp. it's a strategic approach to getting it out of the way before baseball takes center stage. >> he says he wishes he wasn't born in the steroid era. he has fallen well short of being voted into the hall of fame in his first years of eligibility. he also says it didn't help him perform. he said he hit homeruns as a kid. a lot of people did. i think it's time to apologize to the mayor's family and give roger maris back his single season homerun record. who is with me? >> me. >> thanks for playing. basketball now. jayson williams takes responsibility for accidentally shooting his limo driver. agree to go serve 18 months in prison. he said he had not fully checked his shotgun. he was showing it off to friends before snapping it closed. he also faces dui charges for slamming his truck into a tree in manhattan last week shortly after this photo. coming up, we have senator dement, doug showdown, and bob shrum who engineered the loss of senator kerry, as well as senator al gore. >> excellent program. we'll be listening on the radio. okay. nbc has had some trouble. a couple months ago they said okay, we've been having trouble at 10:00 o'clock eastern time, so what we're going to do is faye jay leno because we had told conan o'brien a number of years ago that he would take over the tonight show. we're going to take jay and put him at 10:00 o'clock, running up to the late local news. >> they didn't give him a year to work it out. >> exactly right. they didn't give him a year. they decided that because people like jay but they're sick of seeing him every single night of the week, his ratings went down. so now nbc is saying, okay, let's put jay back where he started, but that leaves him with conan o'brien. what are they going to do with him? >> so a bunch of rumors going around that he may move to the fox network and thanage lo will go back to the 11:35 time slot. here is the amaze thing. last night, conan o'brien taking open huge shots at his employer. >> good evening, everybody. i'm conan o'brien, the new host of last call with carson daley. a 6.5 earthquake hit california. did you know that? true story. it was so powerful it knocked jay leno from 10:00 o'clock to 11:30. nbc announced they expect to lose $200 million on the winter olympics next month. yeah. is it just me or is that story hilarious? [ cheers and applause ] everybody now wants to know what my plans are. everybody is asking me, all i can say is i continue putting on a great show night after night while stealing as many office supplies as humanly possible. [ cheers and applause ] >> he's got a lot of power to be able to do that. >> he's got also got to keep in mind, he was a writer and he got that opportunity to do the 12:30 show and the network did stand by him for five years as he worked things out and instead of getting rid of him as he started delivering to the younger audience, they said, what if you waited five years and we'll give you the tonight show in five years? for some reason, leno agreed to that. so leno waits five years and realized, my show has never been better. it's destroying letterman and why am i leaving again? he said, give me the 10:00 o'clock. that bombed out. now this is a mess and i wouldn't shut the door on jay leno coming to fox. >> he's going back to the 11:35 time slot. >> who know what is will happen? will he go half an hour and then conan goes for an hour after that? it's interesting when he takes shots at nbc, it reminds me of when letterman used to be at nbc and he would take shots at nbc every night. what's interesting is if it's going to be letterman as it has been letterman versus conan, letterman has kicked conan's butt. >> that's why nbc is making some of these decisions. what are the ramifications for you and how has this landscape changed in the last decade or so with regard to politics? are late night comedians effective in changing the viewpoints of american voters? bernie goldberg on that. >> when the whole pop culture is pulling for you and is making you out to be something other than a mere chicago politician, which is what barak obama is, and turning you into something beyond that, into a cultural icon, not a political icon, a cultural icon, yeah, that gets you the least sophisticated vote with the least sophisticated voter. >> the late night guy set the tone. saturday night live is on once a week. the entertainment shows do a little of that. but these guys have a time to set the tone over what they think is a cool guy. >> 50,000 signed a petition saying khalid shaikh mohammed should not come to new york for a trial but will holder listen? >> does your heart race when your credit card bills arrives? are you one flat tire away from financial ruin? how to change all that and take control of your finances, straight ahead. could the trial of khalid shaikh mohammed, the accused master mind of the 9-11 attacks and his co-conspirators be moved out of new york city? since last week a petition entered to move it has been picking up steam. more than 60,000 people have signed it so far. fox news legal analyst takes a closer look at the forth coming terror trial. we know it will cost $200 million. i'm more worried about the proceeding it is self. >> what's happening is 60,000 people have signed this petition. newt gingrich, governor george pataki was governor during the 9-11 attacks. chuck norris, governor huckabee, a lot of americans. so what they're saying is, this should not be held in a civilian forum because it's not a common crime. this is a war crime plus. this is intent plus. let me explain that. when you commit a crime, it takes intent. i intend to do something. and in our system of criminal justice, federal criminal justice, it's understood that the government is very powerful. so we have certain rights to overcome the power of government, to make sure we get a fair trial. those people are committing common crimes. sometimes horrible, horrible crimes. but when war criminals like these al-qaeda terrorists -- >> we're going to get more. >> when they commit crimes, it's intent plus. it's not only the war crime, it's the intent to destroy a culture, to destroy a society. >> i agree with you, but the attorney general doesn't. in fact, this is what the petition says. there is no reason much less a requirement for the u.s. constitutional statutory law to grant ksm and others a right to trial in civilian courts, nor to offer them any other constitutional rights afforded u.s. citizens. i'm worried about this and i'm worried about future al-qaeda guys that we catch. are we going -- if we grab them in afghanistan, do we have to say you have the right to remain silent? >> they don't have constitutional rights. but they do have other rights under the military commission act. a lot of people say, we could water board these people. we can't. we can't engage in cruel or humane tactics in order to get admissions from people, either in military trillers civilian trials. but, the problem we have, and we have to face this, the bush administration did a tremendous job keeping all americans safe for about seven years. but there are only about three people who were tried military commissions out of hundreds. so to say there was a precedent for this, there is not a great precedent. >> they had khalid shaikh mohammed ready to go and they stopped it. >> he wanted to plead guilty. what we're saying now is it's more important to show that we're a country of civil rights for terrorists than to engage in a military tribunal that has built in rights. >> once al-qaeda realizes that, they'll stop attacking us, i'm sure. thanks so much. >> we're getting 10 or 12,000 signature has day. >> straight ahead, up to your neck in debt? don't be afraid of those credit card statements. we'll tell you how you can get back in the black. first let's check in with martha who has no personal debt and will expose that on the next hour, coming up. >> thank you very much. coming up we'll talk about what exactly is going ton in this massachusetts special election for ted kennedy's senate seat? there are indications now that if a republican wins that seat, they may not certify that seat until after the health care vote is over. why would that be? coming up on america's news room. some say and hope we are slowly climbing out of the recession, but after such a shaky 2009, how can you reach your financial dreams in 2010? >> i hope we can answer that question for you. this is the author of live it, love it, earn it, a woman's guide to financial freedom and i think she has the tips and answer attention you need to know to get your money right in 2010. good morning to you. >> thank you for having me. >> you've written this book. it's for women, but you started from humble beginnings. >> i started from very humble beginnings in new jersey, above a meat market. we didn't have a lot. we had a lot of love and caring. i decided i wanted a different life and create my own money and i did. i started a business on wall street. it became very successful and i'm here to share every tip and tool i learned and also a lot of tips with a lot of other women. >> you call it a women's guide. how do men and women approach money differently? >> that's a great question. women are a lot more emotional around the money. i find that a lot of women are anxious even though we're successful and very driven and confident, we're very anxious when it comes to money. >> what do you mean? worried about spending it? or happy to invest it in that thing? >> that's very, very good. i think we just are very anxious around the whole relationship around money. my book is really dealing with what is going on with spending and how are you saving and how are you getting out of debt. we're very, very nervous, it seems, or we put our head in the sand and don't want to look at money. i'm trying to say have a relationship with money as you would a boyfriend or friend. get to know it. >> get to know it early on. one of your first tips is have a date. speaking of boyfriends. that entails spending an hour a week, looking at your bills and making plans. >> exactly. what i do is pick a monday or tuesday, maybe 6:00 o'clock or 7:00 o'clock at night and get comfortable, break out a bottle of wine and really get to know my money. get out my bills and have fun with it. really get to know where you're spending your money and where you're saving your money. >> break out the wine. also you say keep a money diary. what does that do? >> a money diary is basically everything you spend, you put in a little diary so you know, like presence, when i go to a drugstore, i didn't realize i was picking up a spam piano and cop -- shampoo and coming back with $100 worth of things. it makes you realize where you are spending your money and can change your habits. if you don't have enough money for it, don't buy it. so many tiles women heard, you can't have it all. you can't be a mom, you can't work or do this or that, but you say you can. you can have it all financially at least. >> you can definitely have it all financially. and i always say you can have the shoes and save for retirement. you just have to plan accordingly. what i say is have a fun spending plan in my book, and on my web site, live it, love it, earn it.com. we have a spending plan where you can tweak and control the money you want to spend in different places. >> it's great advice and timely this time of year as people think about shed ago few pounds and perhaps saving some cash. we thank you very much for joining us today. >> thank you for having me. >> coming up next as we wrap things up, we'll find out if you think that salt belongs regulated or if you want to make your own decisions on salt. we'll wrap things up in just a moment. we had the debate about whether or not the local government here in new york should be telling us whether or not we should reduce our intake of salt. we got some e-mail. >> al says the only thing i want the government to do is for me to stop spending my money and for them to go back until recess on election day. >> from gene, i see no harm in the salt restriction in foods. put it in afterwards if you want more. >> and from mike, you are so right. once we get government-run health care, many more things than salt are going to be regulated and the rationale will be that we have to regulate these in