Transcripts For FOXNEWS FOX And Friends 20100420

b bernake and tim geitner testify in front of congress about the lehman brothers. there has been widespread speculation that letting them fail made it worse. tim geitner was the president of the new york federal bank at the time. in his prepared statement for the hearing, we got a look at it. geitner says lehman serves as an icon i can example of what went wrong with our financial system. also now, guys, we're learning greg craig president obama's white house counsel and worked for president clinton has a new box, it's goldman-sachs. he'll be helping the big investment bank although a spokesman for the company would not detail his work in general, the former white house attorney will help the most profitable securities firm on wall street fight -- or wall street history, rather, fight its fraud case. securities and exchange commission alleges that goldman-sachs misled investors about a mortgage link security they sold them in 2007. goldman-sachs has found the accusation sas unfounded and gr craig will be helpful with the players in washington, politics and his years of experience. >> julie, so greg craig who was squeezed out during the whole gitmo thing, not being able to close it within a year, he's going to represent or be an advisor for goldman-sachs. on his first day, didn't president obama sign a letter saying if you leave the white house, you have to wait two years before you wind up doing business in front of this branch. >> you know, i think that is the case. but i believe that he has been advising goldman-sachs for sometime. but i'll have to look into the details of that. >> just curious. thanks very much, julie. >> that's unbelievable, too. yesterday was spent really understanding there's two sides to this story. comes out and says listen to all those stockholders, all those workers, there's another side to this even though europe is up in arms and the administration seems aggressive against him and on top of that, i think we're -- we're beginning to find out that the sec wasn't even singing in homonym, they were against this. this was 3-2 on partisan lines whether they should bring this fraud charge against goldman-sachs to begin with. >> it was a vote against the sec 3-2. that's one of the reasons that the goldman-sachs stock ended up yesterday. turns out goldman-sachs which is housed in that beautiful building in lower manhattan, they wound up giving barack obama's campaign, look at that, $994,000. and this is the kind of payback we wind up with. here you hit us with an sec investigation for fraud, mr. president. >> second place. >> we have our money back. >> the city of california. >> yeah. >> who gave $1.5 million. a lot of cools gave money, harvard university and microsoft and google as well so what if those companies were corrupt, would they have to give the money back? that's what the issue is now, you guys are wondering if obama should return some of this money from -- >> yeah, it's one of the biggest supporters, close to a million dollars and he's had the c.e.o.'s of these wall street firms into the white house a number of times. he's talked with them a number of times about when we've tried to revive the market and revive our economy. so you have to wonder with close to a million dollars with goldman-sachs contributing, j.p. morgan chase, over $700,000. morgan stanley. if they're all going to be targeted and all the reform is going to come wall street's way is the president in an odd spot having accepted all this money and has to step on their -- the back of their next and say there's going to be some new rules. >> showing that he's not beholden to anybody, citibank which we should point out, we should say citibank or goldman-sachs, it's not the corporation per se. it's people who work for the organization or people whose families gave the money. citibank gave $701,000 and yesterday, they also revealed that they are being probed by the sec as part of, "the industry wide investigation into a wide range of subprime related issues." by the way, time warner which is the parent of cnn gave something like $590,000. >> kind of indian giving if you have to give it back. >> that's true. giving some controversy. i don't see them writing the check. that was a pretty -- that would be a pretty ugly precedent if you have to give all the money back to people that might have gone on the other side of the law since they actually contributed. but now, let's talk about the timing. yesterday, we were talking over the weekend about on friday when the sec, when the president of the united states in the afternoon comes and says i'm going to have massive finance reform coming your way but by the way, first this -- the sec announces they're going to be going after goldman-sachs and charging them with fraud and they went into detail about this one fund that was set up and what went into that and how goldman-sachs bet against the subprime mortgage. subprime mortgages back before the market collapsed. they set up a fund, meanwhile, of subprime mortgages and told everyone, go ahead and buy it. especially two huge banks so they said this is fraud. we're going to -- we're going to go -- go ahead with charges. meantime, people say what about the timing? how great was it that goldman-sachs comes up and turns out that they have corruption charges on them? at the same time, the president says here is my idea for reform. there's truly a need. but more timing issues have emerged. >> sure, so on friday, it looks like hey, look, the sec, they're really on the case because they have grabbed goldman-sachs and they could somehow have been in the whole, you know, unwinding of the financial services market. but then, as it turns out, on the same day they filed the fraud charges, way, way, way in the back of their web site, you find that finally they released 151 page report on ponzi schemer alan stanford. he scammed people out of something like $8 billion. >> to be exact. >> exactly right. this is so damning because what this particular report shows, courtney and brian, is that the sec back in the 1990's, they had people inside the organization that said, you know, that guy is a ponzi schemer. back in the 1990's and there were four more times when people said, you know what? he's running the ponzi scheme, they could have stopped it, they did not. >> does the sec not care as much about individuals? >> or are they incompetent? >> which is worse? >> well, i would argue that really stanford is worse because goldman-sachs is titan against titan, major fund against major fund. he was bilking investors to the tune of $8 billion. that could have been stopped as early as 1997. instead, the sec which is trying to show everyone they learned from the madoff scandal is proving to us they didn't learn anything and they're ill equipped to crack down on these people. if you come out with a massive fraud, you know, fraud investigation against goldman-sachs, that overshadows the stanford situation which the inspector general has found out the sec dropped the ball. totally preventable. he could have been in jail a lot earlier. >> well, you know, there were a lot of crazy derivatives invented on wall street that helped lead to the whole unwinding of the financial services market. if there's going to be the one case against goldman-sachs, oh, yeah, a week before the president launches the big push for financial regulation reform, just looks too political unless a whole bunch of people get in trouble. as we're learning from the stanford case, maybe the sec has been asleep at the switch for a very long time until it was politically convenient. >> my husband works on wall street. i had him ask some of the traders, what they think about this stuff going on. he says for the most part, the traders think there needs to be a stricter set of rules, that everyone actually sticks to. >> plays by the rules. >> and is enforced. in the meantime -- >> does your husband have any stock tips or something like us? probably not. >> he works for a competitor network. >> 1-800 put in your mattress, that's what we get. >> the volcanic eruptions in iceland said to be strengthening over the past few hours and sending more ash towards britain. that's not good news. that means it's unlikely london airports will reopen today. here in the u.s., new york's first post-volcano flights to europe were finally cleared for takeoff yesterday. but thousands of people are still stranded and at j.f.k. airport, portable showers were hauled in to help. >> really good. be really hopeful so it could be worse. we could be back in england. >> new video in this morning of the british naval ship albion set to depart from spain. the ship is carrying british troops home from a tour of duty in afghanistan. but also made room to take home some stranded travelers. how nice. another fox news alert, space shuttle discovery is on track to land in florida at 7:34 eastern time this morning. the orbit burn scheduled to take place in about 20 minutes and the weather looks good enough although there is some early morning fog. before landing, discovery will zoom down the continental u.s. the first time the shuttle has done that in three years, people from the dakotas to florida may be able to see it. discovery is returning to earth after a two-week mission. we are going to have a live report on the arrival in a couple of minutes. u.s. and iraqi officials are hailing the deaths of two leaders of al-qaida in iraq. the two were killed in a strike on a space house near taqrit. vice president joe biden making a rare white house briefing room appearance to talk about it. >> their deaths are potentially devastating blows to al-qaida and iraq. equally important in my view is this action demonstrates the improved security strength and capacity of iraqi security forces. >> the news comes as the u.s. forces prepare to draw down forces in iraq this summer. president obama is heading home today after stumping for california senator barbara boxer. during the fundraising event, the president faced a handful of hecklers demanding to know what he was going to do to get rid of the "don't ask, don't tell" policy. >> everybody, i just wanted to confirm -- i just wanted to confirm, i just checked with barbara. so if anybody else is thinking about starting a chant, barbara didn't even vote for don't ask don't tell in the first place. so you know she's going to be in favor of repealing don't ask, don't tell. >> the president says all incumbents face an uphill battle because of the economy. but insists the economy is turning around. my friends, those are some of your headlines this morning. >> thank you very much. >> what's happening in california? a little bit of anger. a little bit of rudeness. >> i think the president also said that unless she gets some support, major support from her democrat electorate out there, she could actually lose the election. >> coming up straight ahead, defense secretary robert gates bustin lea mememo he wrote about iran's nuclear abilities but was it really a leak or was it revealed on purpose? could it have been the secretary himself? that story is next. >> and residents in one community told they can't fly american flags on their own property. is that legal? in that state, it might not be. >> this fox news alert. we thought the space shuttle was going to be landing about an hour and 15 minutes from right now but it looks as if they are putting off the orbital burn and so it looks as well as if they're going to delay it a second day. stand by and we'll have more news from the space place shortly. meanwhile, iran may be able to build a missile capable of hitting the united states. iran could by 2015. this according to an unclassified defense department report on iran's military so the defense secretary robert gates purposely have his memo to the white house about the future of iran relations leaked on purpose? >> we're joined right now by fox news contributor judith miller who knows a lot about covering stories like this. secretive stories and when leaks are leaks and they are intentionally found out. do you think secretary gates could have been behind the leak of this memo? >> it would certainly be the way that business is often done in washington, d.c. a senior cabinet official is quoted about warning about something, getting the president to try to focus on something and he looks good. that's -- >> since this memo came out in january, he says he was ahead of the game. >> that's right, he was definitely ahead of the game. there are all of these rumors that secretary gates may be leaving by the summer. he may want to be preparing the ground by saying look, guys, if something goes south on our iran policy, it wasn't me. i was the one who warned the president, tried to get everybody's attention focused. but that's not secretary gates' style. he's one of the more secretive individuals because he came from the c.i.a., he had been c.i.a. director. it's not like -- >> a guy you can actually trust. >> what -- and what the memo said essentially was regarding iran, we have no plan b. come on. let's come up with something. but you have been in the news business for a very long time. let's talk about -- use your professional eyes. let's track how this leak progressed up the chain of knowledge and it tells a little bit about who the leaker might be. >> right. something occurred to me immediately when i was looking at those by lines. they were tom chancre and david sanger and the fact that tom shanker is the pentagon reporter and his name was first on the story would lead the sophisticated reader to think that, perhaps, this came from the pentagon. on the other hand, there's a huge, huge battle going on within the administration over what iran policy should be. so it could be somebody who opposed the current seeking -- >> the whole engagement thing is going wonderfully. we have letters back and forth that look -- that really go well. here's what -- here's what secretary gates said. i guess about "the new york times." "new york times" sources that revealed my january memo mischaracterized its purpose and content. the memo was not intended as a wake-up call or received as such by the president's national security team. rather, it presented a number of questions and proposals intended to contribute to an orderly and timely decision making process. so does that tell you anything? >> why are you laughing? >> what's extraordinary about that is he basically confirmed "the times" story. he basically said, yeah, they got me. this is my memo. i was taken out of context. my remarks were taken out of context. >> was the pentagon crying out to the american people that the administration does not have a plan and could that have been their -- >> exactly. and as senator mccain said, duh! we don't have a policy that works in iran but the fact of the matter is nobody does. this is the hardest problem in the world. nobody quite knows what to do about iran. >> all right. by the way, senator mccain will be joining us in about two hours. judith miller, thank you very much for dropping by. >> thanks, judith. >> coming up straight ahead, a firefighter's dreams come true when he opens up the restaurant. a bad construction job forced him to close it after a few months. he's here next with the host of -- he's with the host of construction intervention with how the new show is getting small biz back on their feet. >> that's interesting. and this picture of kim kardashian has peta up in arms. we'll explain. oh, max! and you want to do the same for your laughable, lovable dog. [ barks ] that's why purina fit & trim is specially formulated... with high-quality protein, including delicious real chicken, to help him maintain lean muscle and a healthy weight, so he can make the most of every day. long live your buddy. long live your dog. purina fit & trim. right now, walmart has rolled back prices on top lawn carerands like poulan pr brute by briggs & stratton, pennington, scotts and spectracide. along with thousands of others all over the store. it's rollback time! save money. live better. walmart. if it's not there are over 5 international awards we'd bter give back. the jaguar xf. the critically acclaimed result of a very different way of thinking. >> welcome back on this tuesday. president obama will deliver the eulogy for the 29 miners killed in west virginia. he and vice president joe biden will attend this weekend's memorial service out in west virginia. the explosion was the country's worst mining accident in four decades. toyota now recalling all 2010 lexus g.x. 460 vehicles. the car company is updating software in the stability control system in all of the 34,000 that they produced. the fix is supposed to prevent rollovers. "consumer reports" raised warnings about the problem just last week and issued a rare "do not buy this vehicle" warning. over to you. >> thank you so much, steve. he's a 25-year-old construction veteran -- not 25 years old actually. he's been in the construction business for 25 years. he was overseeing massive multimillion dollar projects in new york city. his new mission is working with much smaller clients on a new reality show. take a look. >> now, we use our expertise to help the little guys. small businesses about to go under because of bad contractors and botched construction. we start with demolition and in just four days, transform disasters into dreams. >> charlie is the host and the force behind "construction intervention." and also, with us is walter lewis, a new york firefighter whose restaurant "just winging it" is one of the show's success stories. nice to see you guys. >> good morning. >> you're also a marine and you're a firefighter so thank you, first of all, for your service and this is a good reality show for all of you guys out there that don't like reality shows, this one has the great premise. walter, first to you. tell me how you started up your restaurant and then how it kind of failed. >> well, i started up my restaurant all on my own -- my own coin. i started it in 2008, and i had some construction that i needed to do. i hired a contractor and it didn't really turn out exactly the way i wanted it to. but i was faced with a problem of whether i'd go on and open up and just deal with the problems that i had. or just back away and just close it down and do what i had to do. so that's what i did. >> you lost about $200,000. >> yes. basically, $200,000. and -- >> how did you find the show? >> well, with the help of charlie and discovery network, they got wind that i needed to actually do something to change my -- my problem and they stepped in and helped me out and they've been a great help. >> so charlie, what did you do? because you didn't just rebuild the facility. you also helped mentor him to be a better businessman, right? >> he did it out of his annuity plan. he took his retirement funds and tried to get this business started and he had contractors that would go in and take advantage of him and their botched work is something we had to go in and fix. and we didn't only fix his business, we, i think, changed part of his life. his whole life. because we've given him a new start in the whole business. and we did take the business and turn it around and we gave walter a couple of lessons and assertion in how to speak up for himself. >> how is business now? >> business is great. it's better than before. the big changes actually allowed the communication from the front of the house to the back of the house to actually run smoother. it's more communication and the product is getting out and people are happy with it. >> charlie, this must be such a rewarding job for you. >> it is actually. it's great. be able to take some people's lives, some business owner's lives and transform them. we have one we're doing right now in guys & dolls which is a pool hall and to take that and turn it around where people say their lives would be ruined if we weren't there, it's a wonderful experience. >> your guys' episode airs tonight on discovery channel at 10:00 p.m. and anyone who is visiting in harlem, just winging it. you got to stop by. you initially set that up to help out the community of harlem. >> right. >> nice seeing you guys. have a good rest of your morning and now back to brian and steve in the green room. >> thank you very much, courtney. good job. coming up, people banned from flying the american flag. well, that doesn't sound very american. where this is happening and why straight ahead. >> then, you know the school busted for watching students at home on the web cams they sent home. now there are shocking new revelations that will make most parents sick to their stomach. happy birthday to my first girlfriend carmen electra. so many memories. the actress turns 38 today. we met in first grade. >> what are you sending her? >> she wants money. for all thee every day special. fancy feast appetizers. 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[ peyton ] new wheaties fuel, prepare to win! since you opened your design firm... ... your presentation didn't. so here's your moment of truth. which 3g network do you trust to email the file, get it printed, and have it waiting upstairs ? when you want your 3g network to work, you want verizon. visit verizon to see how our smartphones can help put your business on the map, and buy one blackberry curve for $29.99 and get one free. >> welcome back. a fox news alert. you're looking live at mission control where moments ago, nasa scrubbed the first landing attempt of today for the space shuttle discovery. orlando salinas is in cape canaveral. was it the fog, was it the weather? what was it? >> hey, you're a weather guy. you know what it was. fog and, you know what? there were thundershowers within the 30 mile zone here at the kennedy space center, steve, you know that is a huge issue for nasa. at 6:12 this morning, just a little while ago, mission control told the discovery crew the 7:34 ain't going to happen. pass on this one. and then in the same breath, it told them to look, start looking through the owner's manual, if you will, name specific pages about what that crew needed to do next. nasa most definitely wants to land this bird this morning here in florida. but as you were saying, steve, there are a couple of huge issues that have been playing really out for the past several hours. there was a heavy fog here in this part of florida. central florida. it didn't burn off. it hasn't burned off just yet and also, there are these storms just off the ocean, and there is concern that those things will start to move in just about the same time that the shuttle is supposed to start making its landing here. what they are hoping also is that as the morning goes on, they're hoping that this strong florida morning sun here in this part of southwest florida will begin to burn off this fog and hopefully the storm showers that we're seeing off the ocean will remain that way off the ocean and will not impede or become part of the trajectory, if you will, for the shuttle to come in. this crew has been up there now for 15 days because this landing was delayed already one day. they have a chance to land at edwards air force base in southern california at 9:01 but nasa is hoping they come here. nasa should decide in one hour or so, steve. >> orlando salinas live at the space place. thank you very much. let's look at the radar and satellite pictures and we've got -- take a look, down in florida, you can see those showers that he was talking about. right now, according to this, there is some precipitation but it's the fog that's the problem. that doesn't show up on this particular imagery. also, some widely scattered showers through portions of texas and across the central plains. current temperatures as we walk out the door in raleigh-durham, 44. memphis, 52. tampa, 63. later on today, it will be a beautiful day. temperaturewise, 70 in new york city. 72 in kansas city and memphis. even warmer yet in minneapolis today. topping out at 74 degrees and that's your travelcast. >> it's 34 minutes past the hour. wake up out of bed. get out of bed if you're not already out of bed. but here's what happened overnight. what's going on right now. a senate committee subpoenas the obama administration for more information on the massacre at fort hood. some lawmakers suggested the administration is covering up critical details including whether the government had information that could have prevented the shooting. major nidal hasan is charged with murdering 13 people. >> all right, hundreds of gun rights advocates gathered in the nation's capital and virginia to defend their rights to bear arms. they had loaded handguns on their hips and rifles dangling from their shoulders. they protested against what they call dangerous breaches to the constitution. the virginia gathering was first armed -- was the first armed rally in a national park since president obama signed a law last year allowing people to carry weapons into parks. steve? >> meanwhile, newly released 911 calls from the morning when joseph stack iii flew his airplane into an i.r. s. building in austin, texas and allegedly set his house on fire before he did that. this is the call a neighbor made when the family arrived at their burning home. you can hear stack's wife crying in the background. listen carefully. >> the owner -- >> ask if anybody is inside the house? >> do you know if anybody is inside the house? >> is anyone inside? >> we don't know. >> try to calm her down and find out for me. it's very important. >> stack and one other person died and more than a dozen other people were hurt when he crashed his plane into that building. all right. a workplace privacy case with huge implications got its day before the supreme court. they cannot expect a right to privacy when they send personal messages at workplaces, workplace owned computers. cell phones and other devices like blackberries. now, most of the judges appeared to agree with this notion. with the exception of chief justice john roberts. the case was brought by california police officer. he sued his department for violation of privacy after his supervisor read through his personal messages sent to a mistress. a decision is expected in june. >> reality star kim kardashian posted this photo on twitter. she's holding up a kitten by the scruff of its neck and peta is not happy about it. the animal rights group thinks she should have placed her other hand underneath it for better support. sources say kardashian only held the cat for a few seconds. and the owners -- she had the owners and vet's permission. she was doing a photo shoot there. >> take that. from cats -- >> what's up with the sports world? >> to sports. >> yeah, no cat talk, unfortunately. but she does twitter a lot. hey, let's talk about the nba playoffs. lebron james tends to stand out and the cavs would have to have him stand up for them to win. they did good and held serve against the bulls at home, of course. late fourth quarter, chicago making a run of it. but lebron, oh, my goodness. 15 points in the fourth quarter alone. cavs win 112-102. they lead the best of seven, 2-0 games. in the other game last night, utah pulls off the upset in denver to even that series at a game a piece. rain postponed the finish of the samsung mobile 500 until monday with spectacular crashes like the one you're about to see. it was well worth the wait. nine cars in all were involved in the wreck but everybody involved including jeff gordon and tony stewart walked away. denny hamlin coming off knee surgery took the checkered flag and the texas motor speedway is second in a month. if you have a knee injury, it's good to be in a car and not have to walk. history made at the boston marathon. american ryan hall finishes with the fastest ever time for a u.s. runner at 2:08. he would finish fourth overall. the winner, robert kay cheriot of kenya who shouldn't be confused with the other robert k. who won four years ago of course a lot of people would like to confuse the two. very rare for a kenyan to win the marathon. they should let us win once and a while. we don't have american marathoners that are good, steve. this is your calling. you could do it. >> listen, i'm -- jim ryan, the sprinter or the miler turned congressman held the record for the one mile for many, many years but -- >> not good enough, steve. we need to turn the page. >> let's look at this story. lower merion school district in pennsylvania, they gave hundreds of laptops out to their high school students. turns out there was this tracking system that was in the computer. it was supposed to be used for cases of a lost or stolen computer or if students hadn't paid for the computer. but this tracking system ended up catching about 56,000 images of the students, their on-line chats, the web sites they visited. pictures of the kids in their home. that was one of them. look at the kids sleeping there. there was nothing too inappropriate. actually, the people that were tracking it said it was more like looking at the soap opera of the lower merion high school student. >> that's what the school officials are saying. but keep in mind, when this story first broke on february, we told you about how they had these -- they had the little -- the little web cams with the little cameras right there and any time a laptop went missing, they were supposed to turn it on but they turned it on a whole bunch of times. got 56,000 images of children, some of them getting dressed. some of them partially undressed. we saw a picture of sophomore blake robbins whose family is suing the school board. there he is asleep. that picture -- apparently, the new thing is that the district is so embarrassed and they realizing there's so much legal peril here, they're actually allowing the parents of some of the students to look at the pictures of their children. their parents took a look of that last week, they're horrified. they've been on the show and they're suing. >> the f.b.i. is involved. interviewing administrators, superintendent is involved. everybody is going to be on the hook. it looks like legally and you have to wonder what they were thinking. they send the laptops home and obviously a misstep but then continuing to take these images is incredible even if they're is he susceptible and the whole school district is in peril. >> they were only supposed to be activated if the laptops were missing. they were turned on a whole bunch of times and they weren't reported stolen or missing. >> he is apologizing saying he's committed to disclosing all the information. see how this turns out. >> yeah. so far so good. let's talk about something else in pennsylvania in chester county, there's a homeowners association that is barring homeowners from flying the american flag. in fact, one guy went off to iraq in 2006 and his wife put up a flag in front of their house. and she was told you got to take that down because according to the covenants of the home owner's association, you can't fly that here. >> how many times have we heard about this? this is the liongate community. that's their rules. the question is pennsylvania state law allows you to fly the flag. what's going to win? in the other case, they have the american flag and they have the p.o.w. flag. they want them both down. so now it seems public sentiment is going back towards the flag waveers way. >> how much you pay to live in that community, you should be able to fly whatever you want. but home owners associations, they are uptight about things. i remember my place in l.a., they wanted to charge me $500 every time my cat stepped outside. the cat went outside. what were you going to do? it was ridiculous. >> are you kidding me? >> i'm totally serious! they wanted to charge you for anything they can get. >> courtney, if we were doing this show in los angeles, i would support you and putted $2,000 into a slush fund and challenge that home owner's association. let him loose and challenge them to fine you and we'd stand by you at least four times. >> that's crazy. >> my cat was friendly, too. >> yeah. >> what happened to the cat? is he still alive? >> yep. >> those people just like courtney wanting her cat to roam free, these people want to fly their flag. >> that's in new york city where you can let your pets go anywhere they want. >> it sound like the pennsylvania state law will allow it. it's now 17 minutes before the top of the hour coming up on this tuesday. >> a cop gives -- one man gives the cop the finger. and drops the f bomb on him. now he's four grand richer. how does that make sense? apparently, his constitutional rights were violated. then to the next story. >> i feel like i'm in -- >> in jamaica. getting married or something. >> the sec accusing goldman-sachs of major fraud. why now? is it politically motivated? judge napolitano is motivated to tell us we hope. 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[ male announcer ] ge technologies help doctors detect cancer early so they can save more lives. bringing better health to more people. ♪ ♪ [ male announcer ] designed to function the way you funion. the lexus rx. ♪ at your lexus deal. >> well, a kansas city man is $4,000 richer after insulting a police officer. scott shapper was ticketed by an olathe city cop for rolling through a stop sign. and he wasn't happy and then he yelled an obscenity at the officer and made an obscene hand gesture following another citation. the man went to the aclu claiming his free speech rights were being trampled. joining us right now is tim dannenberg, the communications and public affairs director for the city of olathe, kansas. good morning to you. >> good morning. >> over by the school, the man runs a stop sign. police officer spots that. gives him a citation. as he's walking away and keep in mind, this is a breakfast crowd, what does the guy in the car yell and do to the police officer? >> well, the gentleman in the car apparently was taken aback because his kids who were in the back seat of the car were upset about him receiving a ticket. so he extended his middle finger and proclaimed apparently rather loudly f-u to the officer. at that time, the officer turned around, pulled him back over and issued another ticket this time for disorderly conduct. after reviewing it, our prosecutors realized this behavior did not fall under our disorderly conduct ordinance. that was dismissed but ultimately, the aclu became involved. and our insurance company settled the case with them for $5,000. >> so tim, this guy gives that inappropriate hand gesture and uses the f-bomb in the direction of this officer. he writes a ticket. and then he goes and hires the aclu essentially to defend them. they start poking around and next thing you know, your insurance company decides, you know, this isn't worth the trouble. we're going to settle for $5,000. is that accurate? >> more or less. there have been other cases. in fact, there was just a case in philadelphia, i believe, where ultimately -- ultimately the payout was $50,000. you just look at the extremely high cost of litigating something like this in federal court. those dollars add up fairly quickly. insurance company evaluated that and felt rather than risking that and fighting it, that paying it out would be the more responsible thing to do. >> well, here's what the aclu executive director said. the police practice of detaining and charging people for impolite behavior gives the police arbitrary power to harass citizens they do not like. this practice must stop. do you agree with that? >> well, i would say that our police officers are often subject to any number of verbal abuses throughout the day and they're trained to act accordingly. >> sure. >> in this case, it was an honest mistake. >> yeah, but the -- >> had there been a threat involved after the gesture and after the comment, then we probably wouldn't be here. but there are some fine lines. >> you're right. >> here we are today talking about it. >> money change hands again. >> absolutely. >> anyway, the guy winds up with $4,000. thank you very much for joining us today from olathe. >> no problem. have a great day. >> you, too. all right. meanwhile, coming up, a story we're following closely. goldman-sachs facing serious charges from the sec. but are the charges criminalist? judge napolitano on deck coming up next. >> quick headlines now. one woman is dead. two others hurt after an apparent random shooting at a hospital in knoxville, tennessee. the victims were standing outside park west medical center when the shots were fired. the gunman then killed himself. an attorney for amanda knox says he has a new witness who can prove the american student did not kill her roommate in italy. he claims the witness will say knox and her then boyfriend weren't in the room when meredith was killed. knox was convicted in september and sentenced to 26 years in prison. >> yeah, there's an interesting relationship between wall street and the government. >> remember, goldman-sachs is one of the government's biggest donors to the presidential campaign and in return, the big bank received billions of dollars in bailout money. >> so is the goldman-sachs lawsuit frivolous? and politically motivated? fox's senior judicial analyst judge andrew napolitano has been looking at this extensively. what do you think about the timing, judge? >> well, we know that the president and the democrats and a few republicans are interested in reregulating the financial community. they will argue that the reasons we have the recession we have now is because there's not enough regulation. some of us would argue it's the government's fault because the government induced the banks to do these things with artificially low interest rates. nevertheless, the timing is suspicious because the government knew that the sec was going to file this complaint. is it a coincidence that the secretary of the treasury was on all the sunday talk shows saying this won't happen again because we're going to reregulate the financial industry. is it a coincidence the president is holding town hall meetings, one right here in new york at cooper union where he gave his famous house divided speech to get opposition at wall street. what's beguiling is this company, goldman-sachs donated a million dollars to senator owe balm w ba -- obama's campaign. is he going to return that million dollars? probably not. >> what did the administration do? they used the case of anthem blue cross out in california getting a 39% rate increase so make their case. look, we got to fix the health care system. now they've got this convenient case of goldman-sachs and fraud, look, we have to fix it because of this. >> just because the government sues someone doesn't mean the person or entity that they sued did something wrong. in this particular case, the government wants to change the law. this is not a well grounded lawsuit. i don't carry any water for goldman-sachs. they are the recipients of government welfare which in my view, they voshouldn't have gotn and the constitution doesn't authorize. this is a novel lawsuit with a novel cause of action. whenever you sell something, you have to tell the buyer everything you know about it even when the buyer is a bank as sophisticated as you. there's no such rule right now. >> all right. judge andrew napolitano, we'll be listening to you and "brian & the judge" on the radio in two hours and four minutes. >> we'll find something to disagree about. >> and the judge will be wrong to disagree agreeably. >> coming up, breaking news overnight about that volcano in iceland. there are reports that eruptions are strengthening. we'll be live at j.f.k. airport with the very latest. >> then ponch and the hulk joining up. joining us live in studio next hour. smart...you're staying at this resort for free? 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[ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. see your doctor. simple. if it's not there are over 5 international awards we'd bter give back. the jaguar xf. the critically acclaimed result of a very different way of thinking. >> good morning. grab your cup of coffee because it's tuesday, april 20, 2010. i'm courtney in for gretchen carlson. >> there's my coffee. >> you know they're in hot water accused of billions of dollars of fraud by the sec. but is the timing of the charges linked with the white house's financial reform push? glenn beck is in the studio with his thoughts coming up. >> and here's my coffee. and bernie goldberg lashing out at jon stewart. >> clearly you want to be a social commentator more than just a comedian. and if you want to be a good one, you better find some guts. >> behind the war of words. that story coming up. >> plus, this guy takes dunking a little too seriously. >> he ended up netting himself and he couldn't get out. more of the painful, yet hysterical video coming out. meanwhile, our slogan this hour comes from linda in illinois. "fox & friends" is your best deal, with brian, steve and courtney friel. >> very nice. >> you're watching "fox & friends"! that's a great way to begin your day. >> thank you, don king. >> that rhymed. thank you very much. >> so rare for don king to rhyme. this is where we really caught him in action. courtney, you're in for gretchen today. >> i am. nice to be here. thanks for having me. >> and glenn beck is with us. we'll find out in about two minutes why he is wearing a suit. haven't seen him dressed up like that for a while. >> he is wearing courtney's exact outfit and he had to change. >> he was a vision in yellow. >> we have some news. >> start with the fox news alert. we are waiting for word on when space shuttle discovery will land. nasa scrubbed the first landing attempt in florida about 30 minutes ago. that means the shuttle could now land at florida at 9:08 eastern time. or if the weather doesn't improve there, the crew will head to edwards air force base in california to try for a 9:01 landing. that's something that nasa doesn't like to do because it costs millions of dollars to fly the shuttle back to florida. >> it goes on my credit card. >> the deaths of two leaders of al-qaida in iraq being called a potentially devastating blow to militants. the two were killed in a joint u.s.-iraqi strike on a space house in tikrit. vice president joe biden says it's proof that iraqi security forces are improving. >> the iraqis have taken the lead in securing iraq and its citizens by taking out both of these individuals. this counterterrorism operation is the culmination of a lot of cooperation and very hard work by iraqi and u.s. forces to the grade aqi over the past several months and years. >> the news comes as the u.s. prepares to draw down troops in iraq this summer. arizona is about to get much tougher on illegal immigrants. the state senate passed a bill giving police the power to search someone if they suspect that person is in the country illegally. currently, police officers can only do that if a person is suspected in another crime. critics say the law will promote racial profiling. we're going to ask arizona senator john mccain about that live in the next hour. the former university of tennessee student who allegedly hacked into sarah palin's e-mail account is scheduled to go on trial today. authorities say david kernell gained access to palin's account when she was the republican vice presidential nominee. he allegedly used public information about the former governor to answer security questions for the account. he then took screen shots of her e-mails and posted them on line. palin has been subpoenaed by prosecutors to testify at the trial. there's the latest headlines. guess who's here. glenn beck. nice to see you. can i ask you a fluff question real fast before we get to the hard stuff? >> no. >> i'm dying to know what you think of your "saturday night live" impersonations. >> i think it's hysterical. i think it's hysterical. yeah, i just talked to -- shoot, what's the guy's name in vegas? frank calliendo and a friend of mine was in his show in vegas and said he's doing you. and i said aw, geez. so i called him up and i said what are you doing, frank? and he's got -- i mean, he doesn't have the voice down. he has the pattern down of my -- of my tics and it's really funny. >> will these guys vacation with you, these impersonators and study the glenn beck? >> "saturday night live" one but frank is a libertarian. he's funny. >> he's been on the show a couple of times. we just had judge napolitano on and he asked the question whether or not goldman-sachs which their organization and employees and stuff like that gave close to a million dollars to help get barack obama elected president. now the sec and his administration going after goldman-sachs. they're on the list second behind the university of california. you think goldman-sachs is going to get the money back from president obama? >> i don't care what president obama does with his money. i'd like him to stop doing stuff with my money. i'd like to know if we're going to get the money back from goldman-sachs that we have given, you know, and i think this whole thing, what i think people are missing is the timing of this and people have been talking about it. but what the administration has done before with goldman-sachs and others like it is, for instance, in the stimulus bill, it's my understanding that -- i'm not quite sure what page it's on. but it's my understanding that the -- in the stimulus bill, there are tax benefits for places like goldman-sachs that are billions of dollars in benefits. so what happened was all of these players, barack obama would come out and hammer and then say, don't worry about it. let me see what's -- the benefits are in the -- in the stimulus bill. that's what's happening here. this is a ruse to be able to get this structure on for the economy. >> the reform on and the reform, part of the reform is and it's over 1,000 pages, i understand, as they try to work this out. part of the -- >> was four pages. >> and the -- >> way too simple, glenn. >> and they had to keep dipping back for ink and the paper was so brittle. let me ask you, glenn, to not throw me off track. steve does that perpetually. they're going to be able to decide, ok, that company is too big. let's break it down. and we're going to use this $50 billion. >> are you out of your mind? >> and the executive branch will be able to do it as it exists right now. >> the way we break up big, huge companies. we let them fail! >> right. >> all these big, huge companies that we're afraid of. we just kept them in business. and we're still keeping them in business. they would have broken up because of failure and the mom and pop banks, the small banks, the state banks would have survived. instead, our government propped up the big ones and are killing the small ones. >> sure. you think the guy down on the corner, if he goes belly up, the government is going to step in and say -- absolutely not. that's part of the frustration that you see people, you saw them at the town halls and you see at the tea parties, we think we know who they're angry about. the congressman from michigan, he was on "the daily show" and he says that the tea party -- the people out there don't know who they're mad at. here's a soundbite. >> the fact of the matter is people are afraid, they're frustrated. and a lot of times they don't know really who they're mad at. for example, they're mad at everybody. and they're not particularly upset about wall street. and they're raising cane with the congress because we had to, in fact, bail out the banks or we'd have had another 1929 on our hands. >> i guess he didn't get the memo on too big to fail thing. >> first of all, 1929 would have happened but 1929 led to f.d.r. which led to 20 years because of the things that the government did. please don't insult the tea party people anymore. we've already seen the study that came out, what was it, two weeks ago. they're smarter than the average person. they're involved. they know exactly what's going on. don't insult us anymore, congressman. we do know what's going on. and we are angry at the bailout because that's not your role. find it in the constitution. and it's not just the democrats. george bush started it. i don't care who started it. i care who ends it now. >> glenn, we'd love to get your thoughts on this. i don't know if you saw "the o'reilly factor" last night. there's some tension now between bernard goldberg and jon stewart. check out this video. >> can you turn it up? >> and jon, if you have an ounce of introspection, you may want to take this seriously. if you want to be a funnyman, that talks to an audience that will laugh at anything you say, that's ok with me. no problem. but if clearly you want to be a social commentator more than just a comedian, and if you want to be a good one, you better find some guts because even though you criticize liberals as well as conservatives, congratulations on that, when you have frank rich on your show who generalizes all the time about conservatives and republicans being bigots, you didn't ask him a single tough question. you gave him a lap dance. you practically had your tongue down his throat. and how about those black columnists who play the race card? and generalize about tea party people being racists? why don't you go after them by name? and do it with the same passion and gusto that you use when you're going after fox people. here's my final word, jon. you can do whatever you want. but if you don't do that, guess what? you're not nearly as edgy as you think you are. >> there's bernie directly talking to jon stewart who attacks the right for generalizing but does not attack the left for doing the same thing. >> is that new? is that new? >> no. >> i mean, it's -- it amazes me that we don't have more integrity than we seem to have in america. i mean, i've seen you guys, correct? i know i have. i have no problem. if i'm wrong, i want to correct it. i don't want to go down the road -- yeah, you want to be clear. i don't want to go down the road. i don't want to believe these things about our government and the things that these guys in washington are doing. you know what i mean? and i just it said a minute ago. it's both guys, george bush started the bailouts. let's be fair. america is reaching a point where if we don't have honest brokers of information, i don't know how we last. i don't know how we last. >> all right. glenn beck, always a pleasure. have a great 5:00 show. >> nice to see you. >> with all eyes on goldman-sachs, over major fraud charges, could other banks be in trouble, too? why some experts say lehman brothers could be busted next. >> and tv crime fighters like lou ferrigno and erik estrada, glenn beck was not allowed to say, they are live in our study. they'll join us on the curvy couch in our green room, glenn beck. that reminds me of a young glenn beck. >> never. >> look at that! erik estrada. >> to glenn beck with great admiration. you've arrived at the biggest meeting since you opened your design firm... ... your presentation didn't. so here's your moment of truth. which 3g network do you trust to email the file, get it printed, and have it waiting upstairs ? when you want your 3g network to work, you want verizon. visit verizon to see how our smartphones can help put your business on the map, and buy one blackberry curve for $29.99 and get one free. hi, i need to start saving on car insurance. money a bit tight? yeah, i've had to cut back, sell some stuff. like his watch. oh. we can help you save. because we instantly compare your progressive direct rate with rates from other top companies. watch this. 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(guitar music) if it's not there are over 5 international awards we'd bter give back. the jaguar xf. the critically acclaimed result of a very different way of thinking. >> welcome back to "fox & friends", everybody. eruptions from the volcano in iceland strengthening and that could mean airports in the u.k. will remain closed again today. but what about here in the united states? joining us from j.f.k. airport in new york from wnyw is john huddy. good morning. what's going out there today? >> well, the saga continues. good morning, courtney. a lot of these folks remain camped out here at j.f.k. and also other regional airports, newark liberty as well. they want to go home. time is running out. patience is running out. their money is running out. now we're hearing some airlines are -- possibly going to go back to a regular operating schedule. the dutch airline says it's sending flights up. also, united, delta, american airlines plans to send flights up as well this afternoon. but really the problem that these folks are dealing with is even if they get on a flight or even if these flights get on -- back on normal operating schedule, they're looking at possibly waiting another seven to eight days before they can catch a flight because the flights are so packed. a lot of these folks, i talked to a lady from belgium trying to get back to brussels. she's been camped out here at kennedy for about four days now, if you can believe that. she's been told by american airlines that unless she can catch a flight to possibly northern italy, rome or even parts of spain and then from there, catch a bus or a train back to brussels, she's going to have to wait until the 28th. so a lot of these people, you know, they've already run out of money. they're spending their last dollars. they're not getting much help from the airlines and now this new ash cloud starting to drift southward moving over northern europe is causing disruptions again and could cause even more major disruptions like there hasn't been enough already. back to you. >> what a mess. i did see there are some hotels in times square that are offering discounts to those stranded travelers. good to see you. back to you. >> all right. thanks, john. the fraud charges against goldman-sachs putting wall street on notice, perhaps. lehman brothers could be next and could cost taxpayers big time. >> joining success former lehman brothers trading vice president lawrence mcdonald and he's author of a colossal failure of common sense. we've had plenty of that to go around, haven't we? >> we've had some failures. as we look at fraud charges bought against goldman on friday. who broke the law? goldman, lehman, who else? >> let's just focus on those two for now. but essentially, we are in a collision course with the meteor and it's not from outer space. if you look at the last three financial crisis, in the 1980's we had the financial crisis. lehman is bigger than them all. if we don't stop this now, we're all in trouble. we have to break up these banks. they're too big to succeed and too big to be managed. >> you sound like the administration. you want to break up the big banks. >> years ago, they were a lot smaller. i mean, years ago when you had failures, people could see the risk, you know, in the s&l crisis, you had hundreds of banks fail and it wasn't as deadly. now, you let one of the dominos go and it hurts so many people around the world. >> maybe they shouldn't be allowed to do anything and the things that they allowed to happen. let's talk about this in particular. give details about what goldman-sachs did, forming this bond of subprime mortgages and betting it will do bad. telling people go buy these and at the same time, betting that they're going to fail. how unique is that? >> it's like going into a casino. you and i were playing blackjack and the investor who goldman-sachs was helping knows there's five blackjacks coming out and he's all in. in other words, they let -- goldman-sachs allowed the investor to set up portfolio for failure like making a custom made suit for you that we know it's going to blow up. >> if it's proven these guys on wall street committed fraud, guys on main street that commit fraud go to prison. guys on wall street, they don't. >> they don't and that's the problem. during the other financial crisis, we've had lots of people go to jail like the keating five in the 1980's, a lot of people paid the price. a lot of people went to jail and this financial crisis which is the granddaddy of them all, nobody is paying the price. >> the 31-year-old pays the price for john paulsen who may be mastermind of the entire thing does not. maybe they're going after the little guy. he's not named in it. lawrence mcdonald, thank you so much for joining us. pulling the wool off of everybody's eyes. appreciate it. >> thanks a lot. >> meanwhile, straight ahead. >> coming up, nothing but net. how that guy got right there, stuck by the knee in a basketball net. >> ouch, that never happened to me, i don't know why. then the hulk and ponch tuning up to fight crime. lou ferrigno stole my upper body and he's with erik estrada live next. it's fidelity's guidance -- it shows you ways to spend in retirement that can help your money last, whatever your plans. like, if we wanted to travel? 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[dinner bell chimes] simple high quality ingredients like wild alaskan salmon, white meat chicken, or sea bass and shrimp in a delicate broth, prepared without by-products or fillers. fancy feast appetizers. celebrate the moment >> erik estrada, time for news by the numbers. first $600,000, that's how much lindsay lohan owes in credit card debt. are you kidding me? a source tells radar on-line that one card has already cut her off last week. oh, poor lindsay. next, 26,000. that's how many people participated in yesterday's boston marathon. a runner from kenya finished first breaking the record of two hours and five minutes and 52 seconds. that guy was going. and finally, 80,000. that's how many people get hurt each year because of falls related to their pets. all right, courtney, over to you. >> last hour, we told you about a kansas city man who flipped off a cop and yelled an obscenity after being picketed. but he got off scot-free. hello, lou ferrigno, how are you doing? would this type of thing fly in tv show "chips"? let's ask our next guest how he would have handled it. erik estrada, ponch from "chips." >> good morning. >> lou ferrigno, the incredible hulk. holy muscles in the morning. >> yeah. >> i'm a little bummed you guys changed out of your outfits. >> that's why i came with a tanktop, it looked g.q. and perfect for you guys. >> i rode in on a motorcycle. >> what would you have done? >> the one -- when he flipped me off, well, of course, as an officer you got to take that kind of thing. it comes with the job. at the academy, they train you -- they abuse you at the academy just to get you used to it. familiar with it. the fact that he yelled profanities in front of his child, well, it's free speech. i understand that. but if i would have been there and it would have been me, i would have asked a passer-bier, are you offended by that? i would have popped him for breaching the peace even though it gets thrown out. >> he got $4,000 for it. >> yep, yep, yep. >> let's talk about why you guys are here. butterfingers, the candy bar company have come up with something called the butterfinger defense league. you guys are defenders, your characters. they want you guys to protect all these butterfingers that are being stolen. you just got to explain this. >> you know, butterfinger is 83 years old. everybody loves butterfinger. we defended it because the fact it's a wonderful candy and we're protecting the candy because nobody lays their finger on my butterfinger. and it goes back to my grandfather, my father, my kid, perfect snack to being the body building champion, we all have a treat. we don't want to deprive ourselves so why not have a butterfinger. even until today. >> also, butterfinger has taken out a million dollar insurance policy with lloyds of london so anyone that's had a problem with their butterfinger or it's been stolen or confiscated or eaten in front of your face by somebody else, you just go to butterfingers.com or butterfingers defense league.com. you can go there or go to facebook.com and you can find how to get back -- we'll reimburse you with your butterfinger that was taken or eaten. >> yeah, there's been like 20,000 reports of stolen butterfingers. you take this very seriously. >> we're very serious. we're here to defend and protect. it's what i live for. >> we'll show you this wonderful music video. >> i thought you were going to bring some butterfingers our way. the video premiere is on the web right now. i don't think we have a clip of it, yes, everybody can check that out on you tube. that rap video. >> you like butterfinger? >> of course. i want to know how you can stay in shape and still eat butterfingers. >> just like going off your diet, having a cake, butterfinger for candy, it's having a treat. don't eat 500 butterfingers a day. maybe once a week or twice a week. >> everything in moderation. here it comes. now, lou, you have a reality show coming up that we should be looking out for keeping families in shape. >> we're going to change lifestyles. my whole family is personal trainers. we can motivate anyone and we want to come back with the style of "leave it to beaver" because i have the best family anybody can have. >> erik, you're work on another campaign, right? >> yeah, i have a show coming out that i executive produced for my network, my channel 13, my network tv. it's called "world's funniest moments" internet bloopers and stuff i hosted and we're going to be distributed by mgm this fall and i'm working on a bunch of other stuff. >> cool. erik estrada and lou ferrigno, keep your hands off my butterfinger, the butterfinger defense league. thanks so much for stopping by "fox & friends" this morning. >> thank you. >> go back and change into your muscle shirts! >> got it. >> all right? back to brian and steve in the green room. i know they want to see that. >> we're not afraid of touching his butterfinger. >> lay off. >> you want one, mike? >> yeah. >> first one is free. straight ahead, the obama administration said it would not go for a value-added tax, a vat. but are you already counting revenue from it, mr. president? stuart varney on that coming up next. >> the country music award, god was a big part of the night. listen. >> i didn't get to thank so many people last time but i really missed the most important person which is the lord. thank you, jesus. >> how come you don't see more celebrities thanking the big guy upstairs? we'll talk about that. >> and talk about giving it all. he goes up for the dunk and never comes down. this is why steve's game is now below the rim. >> i'm stuck. >> nothing to laugh at. >> help me! >> we're laughing. 5%5%%%5%5%%%%%5$5$%$%$$$e$o$dc@é allergies? chlor-trimeton. hey, one dose of this, six hour relief. chlor-trimeton relieves itchy, watery eyes and sneezing for 12 full hours with less drowsiness than benadryl. it does all that? chlor-trimeton. less drowsy relief that lasts 12 hours. >> welcome back on this tuesday morning. we have a fox news alert for you. moments ago, goldman-sachs reported huge profits in the first quarter of this past year. this year. the profits nearly doubled to $3.3 billion. well above estimates. the company says it is setting aside 43% of its profits for employee salaries which is down 50% from last year. the earnings coming, of course, as the sec hits goldman with fraud charges on friday. >> and another fox news alert for you in just about 13 minutes, nasa will decide where to land the space shuttle discovery. the weather is getting better in florida so there is a chance it could land at the kennedy space center at 9:08 eastern. if that doesn't work, the shuttle will head to california. the first landing time there is 9:01 a.m. eastern. well, we will, of course, bring you nasa's decision as soon as it happens. >> ultimately, it will be steve doocey's call. the u.s. warning syria about its alleged arm sales to hezbollah. the state department is not confirming the transfer of missiles to hezbollah but say they are taking these allegations seriously. last week, israeli accused of syrian government of providing missiles to forces inside lebanon. the state department says this move threatens ongoing efforts to achieve peace in the middle east. >> and check out this video, firefighters in nebraska battle a huge fire at a popular local restaurant in the town of watt hill. crews rushed to put out the flames but the fire was too much to handle and the restaurant was completely destroyed. >> oh! >> fortunately, firefighters were able to keep the fire from spreading to surrounding buildings. >> meanwhile, let's take a look at what's going on weatherwise, courtney. people out there in tv land and radio land that are listening to watching. widely scattered from dixieland to the ohio valley and tennessee valley going through the mississippi valley and missouri valley. only thing missing is the big valley. heath jarrett says fire in the barn. dry in the northeast and across much of florida at this time but there's fog and that's a problem for the shuttle. current readings right now in atlanta, they have 58. 50's and 60's through the gulf coast states. we have some 30's around chicagoland area. some 40's in portions of new england. meanwhile, today's daytime highs, montana will wind up with 81. phoenix, 89. you should expect that. should be 74 today in raleigh and 75 in the big easy. now it's time for some news about the sports. >> there are butterfingers everywhere in this studio. we'll meet stridex pads tomorrow. steelers quarterback ben rothlisburger did violate the league's personal conduct policy but have not decided when he'll announce his punishment. in an interview on another network, goodell says despite not being charged with a crime, his actions reflect poorly on himself and the league. these are two incidents two years in a row. joe madden tends to be old school, he likes to wear his favorite hoodie to stay warm on cold april nights at the ballpark like when he's not in tampa but now baseball has decided to raid his closet. the league says madden can't wear that hoodie to the ballpark because it's not officially licensed mlb gear. he doesn't understand why baseball is suddenly calling him out. the nfl did not do that to bill bell check. here's one reason why it's better to do an old-fashioned layup than a flashy dunk. watch this. this guy tries to jam and does. he gets his foot stuck in the net. gets caught on the rim. his friends empathizing with the problem, laughed hysterically. soon, they would get a ladder and they would pull him down. this is one of the good things about being more of a jump shooter or something like that would never happen to you. >> he's lucky he didn't break his leg. >> right. >> or knee or something. let's talk a little bit about something that happened. a lot of you were watching on sunday night. it was the 45th annual academy of country music awards. the cma's. and did you -- the country music awards. >> a lot of you were talking about taylor swift not walking home with any awards but we wanted to bring up an interesting topic, something that we noticed that a lot of the winners of the awards and their acceptance speeches thanked god. we have a clip of lady antebellum, carrie underwood all thanking god during their acceptance speeches. >> first and foremost, we want to thank god. >> thank you, god, for making this happen for me. >> like to thank god for everything he's done for us. >> i could never have wished for, asked for, dreamt for anything more than this. i thank god for country music. >> i want to thank god for this incredible opportunity. >> i didn't get to thank very many people last time but i really missed the most important person which is the lord. >> once again, thank you, god. praise the lord! >> that's great. why don't we see that at the oscars? or the grammys? >> the music usually comes on. >> they have time to thank their agents and everybody else. what do you think? people can say anything they want. as we see from this particular edition of the annual academy of country music awards, lot of people thank god. >> you think it would be a taboo subject in hollywood. >> when i see the rundown and see our next guest on it, i thank my maker. >> there you go. the president says he won't consider any tax that will hurt the middle class. >> but "the new york times" reports that the white house has already considered the impact of a 5% value added tax. 5% on everything. white house press secretary robert gibbs yesterday denied that allegation. >> this is not something the president has proposed nor is under consideration. >> ok. >> all right. but can the president get control of the deficit without a so-called vat tax? >> stuart varney is here. stuart, tempting if you want to balance the budget, isn't it? >> it's the only way to bring in the kind of money you need to make a dent in the deficit. it's a consumption tax. you can't tax income much more and get much money back. if you tax consumption, it's a gusher of money that flows into the treasury. so somewhere down the line, a consumption tax like a value added tax, will almost certainly be considered by some authority or another. >> you know, the senate brought that up. senator mccain brought it forward and it got overwhelmingly voted down. >> yes, it did. i think the vehicle will be the deficit reduction commission which is now meeting. it reports in december. how do you get the deficit down? it's bipartisan's own commission. if they come up with a value added tax, that's not the president's proposal. that's the commission's proposal. and if you notice very carefully, the president recently has said i will not raise income taxes on people making less than 250k. this is a value added consumption tax so the president -- listen carefully to the words used out of vat is not off the table. it might not get the votes, you're right. >> that's so different than what he said out on the campaign trail. we have him on tape close to a dozen times saying i will not raise taxes on anybody making more than $250,000. he said $200,000. >> yes, but now a year and two or three months into the administration and you've got runaway spending and a deficit which is a really big concern to voters. so yep, he's got to address this. >> the u.s. is the only developed country in this world without the broadbased consumption tax. >> i believe it is. i don't think south korea has it but in the industrial democracies, we are unique, wonderfully unique in not having it yet. >> sure. and the extraordinary thing is the fact that "the new york times" got this story and, you know, we know that a number of stories have been leaked to "the times" the last week or so and they say they are -- they are considering it at some level even in the white house. they say absolutely not. >> the calculation has been made. if you have a 5% vat, you bring in $700 billion a year. that's a lot of money. that will make a big dent in the deficit. >> no kidding. >> and real briefly, goldman reported their earnings for the first quarter $3.3 billion? >> vast amount of money, political ammunition for the administration to go after wall street, tell them that you are the bad guys, you're making a ton of money at our expense, we're going to reform you. >> when you find out about that reform even more on thursday when the president comes to new york city to continue his attack. >> stuart varney, we'll be watching at 9:20 eastern time because you are a part of "varney & company" and you are the reason for it. >> indeed i am. i lend my name to it. >> thank you. >> what a guy! >> all right. i would pay the back tax to get stuart varney on the show. coming up straight ahead -- >> the school accused of spying on students on laptops in their own homes. can you believe that? well, a scandal that's getting even worse, folks. we'll explain. >> and too heavy to serve america? serious problem. a recruiter joins us straight ahead to tell us how fit you've got to be to join the army. >> maybe actually enlist or the b.m.i. >> or the b.m.i. >> washington, d.c. ♪ [ male announcer ] experience fast in all its forms. the is line. at your lexus dealer. ♪ ♪ express yourself ♪ ♪ express yourself ♪ ♪ ♪ oh, do it ♪ oh, do it ♪ ♪ express yourself ♪ hey [ female announcer ] coffee is like life. it's better when you add your flavor. coffee-mate. from nestle. >> fox news alert. this just out of nasa. entry flight director brian lunny and his team have decided that the shuttle will land today at 9:08 a.m. on orbit number 238. what this means is there will be a deorbit burn at 8:02. coming up in just about 15 minutes and it will land in just about an hour and 20 minutes and of course, you'll see it all live right here on fox. brian? >> philadelphia school district accused of spying on students via web cam just got a lot worse. the school now admits snapping nearly 56,000 images of students in their own homes without them knowing it. what are the legal implications? here to help us sort it out is fox news legal analyst peter johnson jr. peter, how much worst is it now that we have all these other photos that have been not released but put forward? >> well, it's bad. and it's technology gone wild plus big government gone wild. and plus federal wiretap laws that don't protect the capturing of these visual images will probably be hard to prosecute anyone if the criminal intent was shown under existing federal law. >> that's key, right? if somebody wanted to find out who is stealing the laptops. >> there were 10 people that had the right to activate these web cams in students' homes. one student, this blake robbins, whose photo you showed earlier and we'll talk about that in a second, showed him sleeping. allegedly according to the discovery, showed him half dressed. showed other students, captured webcast, captured conversations on line. screen captures every 15 minutes in the bedroom. in other parts of the house with other people. obviously, a terrible, terrible invasion of privacy. and obviously, a lawsuit that's going to continue for some reason -- i don't know why this school district hasn't settled this lawsuit yet. >> this can destroy -- as wrong as this seemingly is, this could bring an entire school district to its knees. >> sure. apparently, this is a well funded school district. they had the way to exact toll on this school district whether they had insurance or not. i saw the picture of this young man and i had the -- >> we just had it on. >> yes, we had it on. why is that picture up? now, apparently, this picture has been released with the permission of the family attorney. now, if it's such an embarrassment, if it's such an invasion of privacy, why would a family attorney compound the embarrassment, compound the invasion of privacy that we know took place by then releasing a photo if in fact that's the case? i can't believe because the school district at this point would put this photo out but -- >> you're saying it hurts the case. it will hurt the case. if you were defending the school district -- >> you always ask for questions, this is one of them. we were talking before, what's the true measure of damages? how are people actually damaged? is there physical harm? is there emotional harm? how does it affect their ability to get a job? it's interesting to note that one of the 10 people that had the ability to activate these web cams and what i call a warrantless search by a school district in person's homes, one of the people took the fifth amendment. what does that do? at one point what you're saying go back to the original point. why haven't we settled this? >> it's a case that calls out for settlement. discovery is going on. what you think about 56,000 screen images of people. i'm sure there will be more based upon what we're hearing but to think that a school district would have the ability to send these roving lojacks into people's homes with television monitors and then say, oh, we're just trying to locate lost and stolen computers and this poor young man didn't pay his $55 insurance fee. so we're going to capture the images of where this computer wound up probably in one of your high school students' homes. i mean, what does that say about our ability to allow government to go crazy? >> right. >> it says a lot. >> also, they're bleeding the school district dry as the case continues. >> case should be settled. >> good to see you. >> nasa announced that space shuttle discovery is set to land at kennedy space center this morning at 9:08. that's eastern time. we're going to watch it live right here on the fox newschannel and obesity is now the biggest factor holding back people from joining the military. army recruiter joins us with what we need to know about staying fit and if we could actually enlist if i wanted to. on this day in history, fenway park opened in boston. they won two championships in 85 years. in 2008, danika patrick became the first woman to win a major car race when she won a race in japan. announcer: trying to be good to your heart? so is campbell's healthy request soup. low in fat and cholesterol, heart healthy levels of sodium, and taste you'll love. chef: we're all kind of excited about it. guy: mmm! i can see why. announcer: campbell's healthy request. m'm! m'm! good! for your heart. if it's not there are over 5 international awards we'd bter give back. the jaguar xf. the critically acclaimed result of a very different way of thinking. >> you know about this -- america's got a weight problem and it may be putting our national security in peril. a new report released today will show you the more than nine million young adults between the ages of 17 and 24 are too fat to be part of the military services and fight. so how is it affecting military recruiting? >> with us now is u.s. army recruiter, staff sergeant thomas. >> how you doing? >> nice to see you. i hope people aren't using this as an excuse not to fight, first of all. >> absolutely not. absolutely not. >> ok. >> so you find when these men and women come up to you, are you amazed by the large number that are just basically too heavy to make it through basic training and maybe get admitted? >> absolutely. unfortunately, we do see a -- we have seen an increase of over weight and unfit applicants to join. 1 out of 5 individuals currently between the ages of 5 and 19 are overweight. >> life sstyle thing, right? >> absolutely. you have to be active. these days, active individuals are not, what do you say, average student or a teenager would rather play a game or stay in the house and talk on the phone or do facebook. >> or sit on their butts in front of the tv. >> absolutely. >> we have a graphic of states that show 40% of young adults obesity, the states of mississippi and alabama have some problems and do kentucky. >> oh, wow. >> then you've got -- that's 50% or higher and then most of the rest of the country 49%. now, staff sergeant, i understand that you took the information from brian and me to figure out whether or not we could actually -- if you were to waive the age restriction, whether or not we could go into the army. >> absolutely. >> what did you discover, sergeant as we go to the big board? >> absolutely. basically your age, your weight, your height, i put it in the body fat calculator and what i came up with, both of you would be actually good to go. >> all right. very good. steve is in with a pass! good job, steve. >> i have 11% body fat. that's, let's see how it compares to brian. >> same thing. >> we have the same body fat. >> we're different people. >> my fat is in a different place. >> absolutely. >> you could do this, you do the math and come up with this formula. you don't want to judge people. you want to be able to recruit people. so is your message we'll get you in shape? >> my message, absolutely. what people need to understand, physical fitness should be a way of life. initially, when i -- when i joined the united states army, i was 285 pounds at age 17. so i initially wasn't -- >> you were fighting weight. >> exactly. i had to do what i had to do to lose weight. >> we could do it, too. the average person, that shouldn't keep you away. >> if somebody is watching right now and they're overweight, if they want to go to the recruiter and say, look, i'd like to join but i'm overweight, you can help get them to the target. >> absolutely. if i have an individual, for example, if an individual is 16 or 18-year-old, 6'1", 220 pounds, army standards he would be overweight. but what we can do is calculate his body fat percentage and depending upon his body fat percentage, if he's under 24, he's good to go. if he's over, what we would do is develop a health plan. kind of a preboot camp, boot camp. staff saergeant, thank you very much for joining us. >> nancy pelosi saying democrats are one step away from completing the president's blueprint. what is the blueprint? can i have a copy? 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[ male announcer ] the volkswagen cc. award-winning design starting under $28,000. it's a whole new volkswagen, and a whole new game. >> steve: exactly 8:00 o'clock in new york city, courtney. >> hello, nice to see you all this morning. wake up. time to get out of bed. the global mayhem continues. the eruptions continue. there is word a fighter jet was damaged by the ash. >> steve: senator john mccain pushing tough new immigration measure, but many say it encourages racial profiling. we're going to see what the senator says about that when he joins us live in less than 15 minutes. >> brian: celebrity chef emeril legace cooking up a new show and delicious dish. he's got a special anniversary. our slogan comes from jim in texas. i watch all the fair and balanced news i can. thank god i'm a "fox & friends" fan. >> steve: thank you, jim. >> this is dana kill patrick and is this is the great show to get your motor running. >> it's april 20, 2010. >> steve: you're not gretchen carlson. you're courtney. >> i'm in for gretchen today. thanks for having me. >> brian: we've got one hour left of the show. of course, one of the big stories, you can't say i expected this, i predicted this. about a volcano. nato f16 fighter jet suffered engine damage due to build-up of molten glass, this according to an unnamed official. that same official also said the ash will soon have a serious impact on military readiness. the general there denies the claim. >> steve: scientists now say the ash cloud keeping most of britain's air space closed is due to a change in the wind. not a new burst from the volcano. it's in southern iceland and it is still spewing smoke and lava and ash. but the ash plume apparently is lower than it previously was thought, posing less threat to high flying jet aircraft. >> here in the u.s., some flights to europe were finally cleared. but thousands of people are still stranded and at jfk airport, even portable showers were hauled in to help. another fox newsily artery. space shuttle discovery is now scheduled to land in florida at 9:08 eastern this morning at kennedy space center. the shuttle is currently doing its deorbit burn as it prepares for landing. the first landing attempt was scrapped because of rain and fog. the weather in florida has improved, so stay with "fox & friends" all day for continuing coverage of the shuttle landing. u.s. and iraqi officials are hailing the death of two leaders in iraq. they were killed in a strike on a safe house. vice president joe biden making a rare white house briefing room appearance to talk about it. >> their deaths are potentially devastating blows to al-qaeda iraq. equally important, in my view, is this action demonstrates the improved security strength and capacity of iraqi security forces. >> the news comes as the u.s. prepares to draw down forces in iraq this summer. we'll talk to the commander of u.s. forces in iraq in minutes. iran may be able to build a missile capable of striking the u.s. by 2015. this according to an unclassified defense department report on iran's military sent to congress. iran's long-range missile capability is being closely watched in washington, which accuses tehran of pursuing nuclear weapons and pushing for a new round of sanctions. president obama is scheduled to head home in less than four hours. yesterday he was stumping for california senator barbara boxer. during the fund-raiser event, he face add handful of hecklers, demanding to know what he was going to do to get rid of the don't ask, don't tell policy. >> everybody, i just wanted to confirm, i just checked with barbara, so if anybody else is thinking about starting a chant, barbara didn't even vote for don't ask don't tell in the first place. so you know she's going to be in favor of repealing don't ask, don't tell. >> the president says all incumbents face an uphill battle because of the economy. but insists the economy is turning around. >> brian: let's hope so. four minutes after the top of the hour. >> steve: the white house is putting on a full court press to get financial reform passed before congress shifts into campaign mode. join us with wendell goler. >> good morning. there he is, bipartisan compromise becomes impossible once campaigning starts. the white house is pushing for a financial reform agreement by memorial day and because both parties really want to exploit voter anger over the wall street bailout, republicans are finding it more difficult than in the health care debate to just say no this time. the white house is courting some moderate republicans, sending treasury secretary tim geithner to capitol hill yesterday to meet with main republican senators, olympia snowe and susan collins. officials are talking with other republican lawmakers as well. the president, while he's told democrats to get rid of a fund that republicans complained would encourage government bailouts in the financial reform bill, it's also accusing republicans of defending wall street. >> the senate republican leader, he paid a visit to wall street a week or two ago. he took along the chairman of their campaign committee. he met with some of the movers and shakers up there. i don't know exactly what was discussed. all i can tell you is that when he came back, he promptly announced he would oppose the financial regulatory reform. he would oppose it. shocking. >> republicans say whatever bill emerges needs to make sure that the federal government will never again wind up owning pieces of banks or insurance companies or auto companies. they also say that the bill needs to reform, if not dismantle, fannie mae and freddie mac. both sides, both party strategies will be on display in a congressional hearing into charges thatly man brothers hid money before it wasn't bankrupt. geithner says that magnified the effects of the meltdown. back to you. >> steve: so it goes. thank you very much. >> brian: laura ingram joins us from an undisclosed location. okay, washington, d.c welcome back. >> hey. i hate not being with you on the couch. especially since doocy was hiding last week. >> brian: that is true. steve, you missed it. laura ingram was on the couch. it was quite comfortable. >> i got to meet her for the first time. it was a pleasure meeting you. what a great time to chat about topics of the day. i wanted to get your thoughts on goldman sachs hiring former white house counsel gregory craig to figure out their pr strategy. what do you think about that? >> it's a smart move. it's typical in a case like this, that you want to pick someone unconventional, namely someone who worked for the other side. it will be interesting to see if the white house attempts to make any or -- not the white house, but the sec tries to make any objection to this. there are rules in place that say that if you worked in the executive branch, you can't then go represent a client -- on behalf of a client to the federal government within a two-year period. goldman is well represented in this case. i've been looking into this case, and i don't think it's going to be an easy pull for the government at all. think this is a novel approach to this material disclosure law and i think goldman will have a decent chance of defeating it. >> brian: do you think the fact there is five members on the sec, three of which, were for this as democrats and two are republicans were not for going ahead with this investigation, this fraud charge. what does this mean about the case? >> it's very unusual to have that type of partisan split on a case as important as this. again, this sent a reverberation through the markets, a lot of these institutions now, they don't know what the rules are. they're like wait a second, if we give the securities a list of the securities, when we don't even have to, they weren't obligate to do give any information, when they gave clients a list of the securities, now they have to say, wait a second, do i have to also list anyone who was also involved in the management of those securities and what their potential conflicts are? i mean, it's kind of changing the rules a little bit in the middle of the game. i think goldman sachs will have an interesting defense. maybe even a successful one. >> steve: also yesterday it was revealed that the sec vote on the board was 3-2. so it was close. laura, we're going to do something unusual and that's we're going to actually play a little bit of radio on the television. >> like my show, great. >> steve: i know. you had yesterday on your show charles blow, a commentator in the "new york times." he went down to dallas and he then watched what was going on at the tea parties last thursday. then he wrote in his column that he saw a minstral. >> how many people did you interview and what did they say indicating this was a ninstral show. >> i came to be part of it and critique it as to get a sense of how diverse it was and see who was on the stage, hear what they had to say, and see how the audience responded to those people. >> okay. so what was the worst display of overracism that you witnessed? >> i didn't say i had witnessed any overt. >> you called it a minstral show. what's that? what is an acceptable minstral show, a nonracist one? >> that's a ridiculous question. what does that mean? >> actually it's a good one and it points out the absurdity of your column because you would have written the column regardless -- >> are you serious? is that a real question? >> in other words, you can't answer the question? >> this is a real question? >> steve: he could not recite any acts of racism and edged not tell you the example of what made it a minstrel show even though he wrote it in the "new york times." >> the "new york times" had a columnist go to dallas of a preconceived notion of what he wanted to find there. he didn't talk to anyone. what does that tell you? great reporting, but kind of typical. i'm surprised it came on. i'm surprised it came on. i'm glad charles blow came on and i really did want to find out what he observed. i was interested to hear what he observed and apparently, the fact that a black person got up on stage and spoke infuriated him. i think. i couldn't really understand what he was saying. >> but go, "new york times," classic. >> brian: i don't know if he's coming back. >> i tried. i asked real questions. that's what i do on my show. i ask tough questions, but i think they're fair. >> steve: she kicks her show off in 45 minutes. always a pleasure. thanks for joining us. >> take care. >> i love how feisty she is. >> good tv. coming up, senator john mccain push ago tough new immigration measure. but some say it encourages racial profiling. what senator mccain has to say about it. he'll join us next. >> brian: the guy you just saw will be joining us, too. and she's a liberal, he's a conservative. can christine bran ski reach across the aisle and find love? she'll join us live. >> steve: there is speculation that arizona rancher was murdered by a suspected illegal alien. that is prompting calls to step up security at the u.s.-mexican border. senator john mccain and john kyle say they have a plan to stop the violence along the border. >> brian: arizona senator john mccain joins us now. senator mccain, you, over the campaign, even when running for president, said listen, i understand. i heard the american people. secure the border first. is there even more of an urgency now? >> well, there is more of an urgency now because the violence escalated. all indications are that robert recognize was killed by a drug person, three american citizens were murdered in juarez. a step up of the increase in violence by the drug people as they come across arizona, when, by the way, there was 1.3 million pounds of marijuana intercepted last year just down in tucson, that the violence is escalating and we have broken borders and we need a guard down there, we need increase in border patrol, surveillance, we need a lot of things that john kyle and i talked about yesterday. >> steve: one of the things that's being talked about down there is perhaps a bill or a law where if somebody suspicious doesn't have i.d., they could be arrested. but the critics, as you know, are saying, whoa, wait a minute, that's racial profiling. >> that's a state legislative action, as you know. and the fact is that the state is acting and the governor is acting out of frustration because the federal government's responsibility is to secure the borders and our borders are not secure. 241,000 -- over 241,000 illegals were apprehended and just the tucson sector last year alone. and so you can imagine that people of arizona are angry and frustrated and that's reflected in their legislature and the governor. >> brian: you've taken the lead before in immigration reform and a lot of people were upset by it, but you do what you think is right and let the chips fall where they may. now if immigration reform is offered up by the white house, will you get involved, putting both feet in, and if so, what elements have to be in it to get senator mccain support? >> we have to get the border secured first. again, the violence is escalated, the drug cartels pose a threat to the very existence of the mexican government. we have this incredible violence that's taking place. 22,000 mexican citizens have been killed since calderon has been president. so we've got to get the border secured first. >> steve: let me ask you before you go, about one other thing. a couple of your colleagues in the senate, collins and lieberman, issued subpoenas. they want to know, they're not getting anything from the white house regarding jar nidal malik hasan in fort hood. did the government know anything that could have stopped it. in your estimation, is the white house stone walling and do you think the subpoena is a good idea? >> well, joe lieberman and susan collins would not have issued the subpoenas if they didn't feel frustrated. they are not the kind to leap into something. they've been trying for months to get the information they think is necessary for them to carry out their duties as chair and co-chair of the homeland security committee. so i think it's clear that they feel these subpoenas are necessary because they're not getting the information through the normal methods. >> brian: senator mccain, off point lead on hey worth. it will be a long one through 100-degree summer. but you're used to the arizona heat and tough times. always great having you. thank you for joining us. >> thanks for having me on. >> steve: you bet. 20 minutes after the top of the hour. two of the world's most wanted terrorists killed in iraq. we're going to talk with the commander of u.s. forces in iraq about the significance coming up next. >> brian: spirit airlines wants to charge you $45 for carry-on luggage. senator chuck schumer says that's not a good idea and what he's doing about it. that story ask chuck schumer coming your way. >> welcome back to "fox & friends." 23 minutes past the hour. quick headlines for you. a possible sneak peek at the next generation of iphone. the tech web site says this is the new iphone. someone accidentally left the device at a bar in california. if the images are real, the iphone will have a clear display, a longer battery life, and a camera in the front that can be used for video chatting. apple is demanding it get returned. and hackers stole a key google program when they attacked the internet company last year. according to the "new york times," the hackers gained access to a password system that allows millions of google users to access the web site's services just with a single log in. google says the hackers didn't obtain any personal information from its users. that's good news. over to brian. >> brian: iraqi security forces supported by u.s. forces killed two of the most senior al-qaeda leaders in iraq. how significant is this? let's put it in perspective in terms of getting rid of terrorism forever in that area. the commanding general of u.s. forces in iraq is here. general, always great to see you. please put in perspective the take down of these two al-qaeda leaders. >> well, first, al mmasri, the egypt an, was the head of al-qaeda. he's been in charge of al-qaeda since 2006. he was the deputy to star could you wee before that. ago baghdadi was the head of the iraqi wing of al-qaeda. to have the opportunity to kill both of those individuals is very significant to the reak people and significant is that their intel and their forces were the lead elements in this operation and that's significant as well. >> brian: you know about hunting people down, especially in that area of where saddam hussein was. you're part of the take down when you found saddam hussein, took him out and that was also a turning point. masri they say was a bomb expert. a lot of the i.e.d.'s, his idea. the other guy we thought was a mythic figure. tell me about the advent of this character. >> ago baghdadi was someone we had in custody in 2005 and 2006. he was a policeman in fallujah under the old regime. after he got out, he was recruited and decided to be the head, as they tried to turn this from a middle eastern al-qaeda effort to an iraqi al-qaeda effort. his responsibility was to put an iraqi face on al-qaeda and he has been the leader of that since about 2006. we have been working to track him down for quite some time. there are many others who he had people who pretended to be him, but this is the individual we've been tracking all along. >> brian: you also told me in the break that it was not a rocket attack that took these guys down, which means possibly much more was able to be recovered from the scene, some of which i understand is communication between bin laden and these guys and others. can you talk about that? >> well, what i would just say is we found information there and we're not quite sure what it says yet, but we're going through it. as we always do in any operation we do. so we will continue to look through that and see what we can get from it. it's too early to tell exactly what's there, but we will certainly look at it very quickly and closely over the next several days. >> brian: the world celebrated, most of the world -- >> if i could, i would also add that out of this operation, we were able to conduct another operation today and we actually killed the amir of northern iraq in mosul. we've been able to do some things as a result of these operations that we conducted on sunday. >> brian: what is significant about this? what type of things was he doing and what's he no longer doing? >> he was the guy in charge of operations from tikrit up to mosul up to the border. he was the military emir, he orchestrated all of the operations in that area. mosul being one of the hot points we still have and so that was also very significant. so this is the kind of thing we're able to do once we start down this road, we're able to work very hard at really going after the rest of the network. what's left of the al-qaeda network now is a decentralized operation. they're still probably capable of conducting some attacks. their planning is probably now significantly limited. they will try to regenerate themselves and our goal is to make it very difficult for them to regenerate. that's what we're focusing on right now. >> brian: general, finish them off. thanks so much. congratulations and great work. >> thank you, brian. >> brian: he'll be back state side soon. straight ahead, country music stars thanking god on their big night. >> once again, thank you, god. praise the lord. >> god bless you so much! thank you, country music. god bless you, country music! >> brian: why don't more thank god when they win awards. spirit airlines charging for carry an. senator schumer will talk about this. and celebs have taken over our green room. emeril legacee is here. we have more coming up. >> four days after goldman sachs cost investors $12 billion, they gave out another $5.4 billion in bonuses. even somali pirates are going, come on! >> brian: that's true. goldman is actually in the news for other good news for them. this would have been an amazing story had there not been a fraud charge. >> steve: that's right. maybe the news we're about to give you could make the government's case because just an hour ago, goldman sachs reporting huge profits in the first quarter of this year. its profits nearly doubled to $3.3 billion, largely way above the estimates. company says it's setting aside 43% of its profits for employee salaries, down from 50% last year. really cutting back. of course, this comes as the sec hits goldman with fraud charges last week. courtney. >> the space shuttle discovery reenters the earth's atmosphere at 8:36 eastern. then it will streak across the sky on its way to kennedy space center in florida. that's where we find our own orlando salinas. what time is the touchdown? what's going on down there? >> courtney, so the touchdown is scheduled for 9:08, just under 34 minutes and 20 seconds. nasa says the trend continues for improvement. that's a good sign. a little while ago, nasa did give the commander of the shuttle the green light to go ahead and ingest fluid so the shuttle crew can begin to reacclimate itself to gravity on earth. they've been weightless for 15 days. it does strange things to the body. if you could, swing it this way. already, let me tell you, the caravan of recovery vehicles decided to move here. they're ready. again, they're waiting 33 more minutes for the shuttle to land here. we're told that the showers and the fog that they were concerned about, the fog for one thing, started to burn off. look, you know the truth. if you don't like the weather, wait five minutes. that started to happen. the showers that nasa was concerned with, we're told they have begun to move further east out into the atlantic, which is good. they're out of that 30-mile zone that nasa is always concerned about. let me tell you this, flight director here, brian looney, decided around 7:30, 7:43 this morning that indeed discovery was going to make the landing here at 9:08. that is what we're waiting for. they've been in space 15 days. yesterday's landing postponed because of weather. the first shot they had to come in this morning canceled. now they're saying they'll again, the fog has burned off, the storms are moving further out into the ocean, they're expecting the bird to land at 9:08. >> it's a good thing they're land not guilty florida 'cause it would have cost nasa a lot had it had to go to california. >> sure. they could have done it. >> nice to see you. >> sure. >> brian: with the count down clock in the background. here are the rest of the headlines. arrest could be made this week in the murder of a wife of a former survivor producer. the new york post says authorities in mexico are almost done with forensic testing. this as the sisters of monica redman, who was found dead at a mexican resort, say she traveled there to save her marriage to her husband. bruce redman, a suspect in the case. the sisters say the trip was planned by bruce and not the victim, monica, whose body was found in a sewer outside a resort in cancun. >> steve: president obama will deliver the eulogy for the 29 miners killed in west virginia. he and vice president joe biden will attend this weekend's memorial service out there. the explosion was the country's worst mining accident in 40 years. >> consumer report issued a rare do not buy for the 2010 lexus gx 460. now toyota is recalling 34,000 of them. the car company will update software in the stability control system to prevent rollovers. >> brian: that's going to hurt sales, the do not buy. jury selection set to begin for the student who allegedly hackd into sarah palin's e-mail. authorities say he gained abscess to her account when she was running for vice president. he allegedly used public information about palin to answer security questions for the account. he's accused of taking screen shots of her e-mails and posting them on-line. sarah palin has been subpoenaed to testify at the trial. >> reality star, kim kardashian posted this picture on twitter. she's holding up a kitten by the scruff of its neck and guess who is not happy about it? peta. the animal rights group says she should have placed her other hand underneath the cat for better support. sources say kardashian only held the cataphoria few seconds, just doing a modeling shoot with the cat and had the owner's and vet's permission. >> i wonder if christiana are renational dough has an opinion on that. are you impressed that i know that? >> i love kim kardashian. >> she seems cool. she's ambitious and entrepreneurial. even bruce generaller was happy with her. >> general if any of you saw the academy of country music awards on sunday night. a lot people were talking how taylor swift didn't get an award, carrie underwood won entertainer of the year. and a lot of the stars in their acceptance speeches were thanking god and we were wondering why other actors and musicians at other awards shows don't do the same. here is one acceptance speech on sunday. >> first and foremost, we want to thank god. >> thank you, god, for making this happen for me. >> i'd like to thank god for everything he's done. >> i could never have wished for, asked for, dreamt of anything more than this and i thank god for country music. >> first of all, i want to thank god for this incredible opportunity. >> i i didn't get to thank very many people last time, but i missed the most important person, which is the lord. >> once again, thank you, god. praise the lord. >> steve: we asked, when we showed this about an hour ago, why you don't hear people at other awards shows thank god and we got a lot of e-mails. one person said, you not only see the country stars thanking god, but you see them pay tribute to our armed forces as well. bottom line it's simple, they're the backbone of what this country used to be. >> there are some. monique, kate winslet. >> brian: thank god? >> yes. it does happen. >> steve: christine baransky is joining us live to actually read that e-mail, i have to read my reading glass. >> indeed. but you wouldn't if you were wearing what i'm wearing, multi focal contact lenses. >> steve: can i wear those? >> you can and you can read print. you can see far away. you can see medium. it's a fantastic new product. >> steve: it's saying good-bye to readers contest. >> that's right. you can go to www.good-byereaders.com. you can find out all about the contact lenses i'm talking about, which are called multi focal. and you can also, if you write a funny story or share a funny whatever about your experiences with the hassle of reading glasses, you might win a trip for two to l.a., all expenses paid. >> steve: if people want more information, go to fox's web site. >> i am on the good wife. i'm shooting my final show of the season. it's been a huge success. we're also lucky to be filming in new york and it's a sophisticated, wonderfully written show. >> brian: can we see some of the magic? let's watch. >> okay. >> there is nothing going on with alicia. >> that's not true. >> it is true. >> will? i have two eyes. >> then use them. watch me. watch us. there is nothing going on. >> turn out the lights. >> steve: i'm so depressed. >> i've got his number, you know. there is this whole thing of whether or not alicia and will are having an affair and i'm a senior partner, so i'm like watching them. >> steve: that guy was your husband? >> no, no, my co-worker. he's my co-worker. >> one is a conservative and one is a liberal. how does that work out? >> that's the guy i'm dating, yeah. >> steve: i thought you were married? >> in real life i am. on the show i am not married. you got to stay tuned. >> steve: you know what -- >> i know it's another network. >> brian: the success, you don't need us. the success is overwhelming. this is a hit. but the other thing that's important is that you take something maybe out of the headlines, a disgraced politician, tries to rebuild his life by going back to his law firm. when does it happen? >> it's been incredible. it's the gift that keeps giving because when we shot the pilot, it was elliott spitser and then one guy after the other, of course, i won't name names. >> brian: we have. >> actually spitser is going to be getting back in the game, apparently. that's what next season is about. >> the show is also dealing with the recession. >> it deals with a lot of things that are going on. the health insurance industry, politics. it's a pertinent show. >> you're one of these actresses who i see new everything. i see everything you did with the bird cage. you're also in the bounty hunter that comes out. we got to ask you what it's like with jennifer aniston. >> oldie was talk to her on the phone. i have never met her. i never got to meet her. we did phone scenes. she shot her phone scene and i shot mine. i can't wait to meet her. >> brian: something we have in common. i also have not met her, but i call her on the phone, she doesn't pick up. so weird. >> steve: check out "the good wife" on cbs and it airs tonight at 10:00 o'clock eastern. >> brian: for that contest to win a free trip, "fox & friends" web site. >> thank you. >> brian: she said on the break it was good to see us again. >> coming up, spirit airlines is still planning on charging up to 45 bucks for carry-ons. but senator schumer, he's not happy about that. he'll be joining us live. >> steve: plus, he has a new show and a new recipe, emeril legasse live in our studio. how many times will he say bam? >> leave it to emeril legasse to spice up his new adventure. a live audience. we're getting a taste of it this morning. emeril has not slowed down. >> how are you doing? >> brian: here you are in real life. >> you're making springtime pasta. >> right now, all the beautiful vegetables, especially asparagus and spring peas and artichokes, you can go to any farmers market and even a supermarket, flourishing with this product. i wanted to do a little springtime vegetable pasta for you. >> steve: good. we haven't had bow ties yet this morning. you got a new tv show. >> right. >> brian: how do you make it different? you mentioned in the past, there are so many people that have copied you and jumped onto the food shows. >> nice problem to have. this is more than cooking. we got a great house band, great studio musicians. >> there is martha stewart. >> she was our first guest this past sunday. sherry shepherd will be this sunday, who is really awesome. i worked with sherry in the past. so that will be a lot of fun. and it's music guest, it's athletes. we have eli manning coming up on a show. he bring has few of those big offensive guys with him, the massive -- they eat six pounds of meat at a shot. >> steve: you got to work on something so people can actually smell this. >> i know. i've been saying that for years. i know. >> steve: i was interested in reading, martha stewart really saved you. right? >> she's a great lady. one of the hardest working ladies i know in the business. incredible. >> steve: she bought a bunch of your stuff at a time when you needed it. >> and you have some of this. you have the cookware, right. >> steve: we do. we got a box of it. it works great. >> brian: how dike make the seamless transition? you're the same way off camera as you are on. >> you know, like you guys, when you do something that you really enjoy and you have a lot of passion for it, so obviously food and cook something a passion, but i love people, which is why i'm in the restaurant business. it's easy to do when you have those elements. >> brian: i don't like people, that's why i have leftovers. >> steve: if you would like the recipe, go to www.foxandfriends.com. and emeril will stick around for the after the show show. his show airs sundays account 8:00 o'clock. >> thank you so much. >> i think he'll stick around for a little more. >> brian: let's see what martha mccallum is cooking up. >> i got something good cooking up. thank you very much. guess which political party is actually on the rise when voters if they would ask for a republican or democrat, there is a very surprising new answer and bill and i will tell what you that is. also, this, sarah palin in the courtroom? we'll tell you why that might be, fascinating case coming up right here at the top of the hour when bill and i join you on america's newsroom.  >> steve: welcome back. spirit airlines you should fire for plans to charge $45, up to $45 for carry-on luggage. in response, seven senator, including chuck schumer have backed legislation to make sure no other airlines follow suit. later today, mr. schumer is meeting with the ceo of spirit airlines. the senator joins us on the phone right now. good morning to you, sir. >> good morning. >> steve: so you're going to sit down with the ceo of spirit airlines. what are you going to tell him? >> what i'm going to tell him is that, you know, everyone understands that airlines have difficulties, price of fuel is up and more competition, the hub system may not have worked. when other things were taken away or other things were charged, they didn't like it, but they could have shrugged their shoulders, no meals, no peanuts. this is different. this steps over the line because carry-on bag is part and parcel of flying and people need it and parents need it for their children. business people need it to work on plane. you often need it if you're running to make a stop. >> steve: you don't have to pay for carry-on if you put it under your seat, though. >> yeah. then you'll get all kinds of people shoving things under the seat. there are certain places you just got to draw the line. you can make a theory that each thing should be charged for separately. well, for people who don't eat in the morning, they don't have to use the bathroom. so let's charge to use the bathroom. there is a point where the theory comes into the reality. i think this is it. >> steve: one of the realities is spirit airlines is a deep discounter. i don't know when the last time you looked how cheap their flights were. i looked between new york and san juan, puerto rico, and $65 each way. then if you flew on u.s. air, it's 300. american, 300. united, 527. jetblue, 457. senator, this is a deep discounter. why don't you let the marketplace decide. why does the government have to get involved in this guy's business? >> well, the bottom line is, what happened last time is it wasn't the marketplace deciding because spirit did it. they were the first to charge for putting the luggage in the check-on. >> now everybody does it. >> yeah. so there was no competition at all. we're worried the same thing will happen here. furthermore, it's not $65. because spirit has a ton of fees. that's one of the other points, you never get to see those fees when you go on-line. >> steve: i beg to differ, but i just tried to book a flight, hypothetical flight on spirit and that was -- those were the rates, 65 bucks each way. >> then if you carryon on luggage -- >> steve: i understand. but if you're only spending 65 bucks each way -- >> the point i'm making, it's not disclosed the way that gives them an unfair advantage that people don't know about. >> steve: i know you've got a busy day and we thank you very much, senator chuck schumer, for joining us on the phone today. >> nice to talk to you. >> steve: straight ahead, the space shuttle discovery set to land in ten minutes. stay tuned to fox news for the coverage of the arrival. there is a live picture in florida. and more with emeril in two minutes.

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