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taking a toll on the oil cleanup efforts. sandbags usually visible are covered with water and cleanup boats are being forced to dock and workers asked to evacuate. while you were sleeping, gunmen set off a car bomb and fired rocket-propelled grenades at one of the biggest nato bases in afghanistan. this was a brazen attack being claimed now by the taliban. it happened at the jilalibad airfield. they stormed the entrance killing at least 32 foreign and afghan security forces. two nato troops also hurt. the attack comes hours after attorney general eric holder made a surprise appearance in afghanistan. he's going to meet with afghan and u.s. officials to talk about efforts to fight corruption and support the rule of law in afghanistan. he's also going to focus on building better relationships between law enforcement agencies and prosecutors in the two countries. and in just three hours from now, supreme court nominee elena kagan will be back on capitol hill. lawmakers are going to grill her for a second day in a row. what can we expect? joining us live from washington is molini wilks. good morning. >> good morning. elena kagan resumes her testimony in front of the senate judiciary committee at 9:00 a.m. eastern, the second round of questioning from senators is expected to wrap up today leaving tomorrow for testimony from outside witnesses. yesterday, kagan was questioned about her liberal background but insisted her politics would be separate from her judging. like previous nominees, she side stepped a fair number of questions about her legal views but got grilled about restricting military recruitment while dean of harvard law. >> i know you were an outspoken leader against the military policy. i know you acted without legal authority to reverse harvard's policy and deny those of military equal access to campus until you were threaten by the united states government of loss of federal funds. >> kagan says she -- the military had access to students at all times and it was students veterans group rather than the recruiting office and despite some tough questioning, she charmed senators with her sense of humor like this exchange as republican lindsay graham opened a line of questioning on the christmas day bomber. >> just asked you where you were at on christmas. >> you know, like all jews, i was probably at a chinese restaurant. >> right answer. right answer. >> senate judiciary chair patrick leahy says he hopes to finish hearings tomorrow so lawmakers can attend senator byrd's funeral on friday. still, every indication that kagan will be confirmed. gretchen, back to you. >> live for us in d.c., thanks very much. another story developing while you were sleeping. a powerful 6.5 magnitude earthquake struck the mexican resort town. it rattled buildings in mexico city. that was 220 miles away from the epicenter. no word yet on any injuries or damages. we will, of course, continue to follow this breaking news story and bring you any additional information as soon as we get it. those are your headlines. >> yeah. probably the more compelling testimony yesterday came from general petraeus, arguably more impactful because general petraeus by this friday should be on the ground in kabul, afghanistan and probably our best hope in coming out in a positive situation in afghanistan. what will change? what is the reality of a withdraw date? i don't know. what do you think? you make head of tails of this. depending on who is asking the question, the good general had somewhat of a nuance to answer. listen. >> that july 2011 date imparts a necessary sense of urgency to afghan leaders about the need to take on principal responsibility for their country's security. we saw in iraq the importance of setting dates as a way of spurring action. >> i would argue it's having the opposite effect. it's causing afghan leaders to hedge their bets on us. this is not only making the war harder, it's making the war longer. >> it is important to note the president's reminder in recent days that july 2011 will mark the beginning of a process, not the date when the u.s. heads for the exits and turns out the lights. as he explained this past sunday, in fact, we'll need to provide assistance to afghanistan for a long time to come. >> it depends on who you seem to be talking to because a lot of liberal people in this country are being told directly and indirectly we're getting out beginning july 2011. and somebody needs to get it straight without doubt what the hell we're gonna do come july. >> that was probably the closest thing to actual fireworks at the hearing yesterday. he will probably be confirmed by the whole senate later on today. but regarding the whole date thing, he made it -- he touched on it right there, it's a process that july 2011, things should be seen as a time when they go from all u.s. to a transition period of having the locals take up the slack themselves. >> the most compelling statement that general petraeus said today was i'm convinced it's not just for domestic political purposes when he was asked about the timeline so he's saying he's convinced this is just not all about politics. do you believe that or do you not? he went on to say it was for audiences in kabul who needed to be reminded we won't be there forever. i think he's walking this tightrope here because i'm sure when he met with president obama last week, the president said please don't come out and blast my timeline. for political reasons, i think i need that right now. but at the same time, he needs to fight this war. and he said it depends on the conditions on the ground. >> taliban know about july of 2011. >> they got a calendar. vice president biden says it's july of 2011 but general petraeus indirectly answering john mccain yesterday said it's counterproductive to what we're doing on the ground. >> that's exactly right. >> we've been talking over the last couple of days now that petraeus is in charge over in afghanistan, will there be a change in the rules of engagement because, you know, if you read the whole "rolling stone" article, you saw that general stanley mcchrystal said they should probably give a medal to people who don't shoot their guns because there's so many restrictions on the use of firearms. here's what the general said yesterday on the r.o.e. >> i am keenly aware of concerns about the application of our rules of engagement and the tactical directive. they should know that i will look very hard at this issue. >> ok, so he's going to look at it. >> again -- >> not exactly what people wanted to hear. >> right. he's not going to come out there before he gets there and assesses the situation even though you can argue he was in charge of mcchrystal as a leader of centcom, until he's there, he's political and media savvy enough to know he's not going to come out yesterday and say yep, i'm changing the rules of engagement and i don't agree with the timeline. he's walking a tightrope. >> he addressed the father you talked to on monday. he said i want to assure it it's a moral imperative to bring all abets to bear to protect the men in uniform. we'll have more air power to cover them in battle. >> the whole thing comes down to this. remember, he was the guy that established what general mcchrystal was doing in afghanistan. it was petraeus' plan in concert with them so for there to be a big change, that would really be something. meanwhile, the good people of the great state of minnesota september sent al franken to the senate. >> he's just acting, steve. remember he was an actor and a comedian. i'm going to give him props for drawing. that's a pretty good picture of sessions. >> listening to al franken, i'm surprised he didn't have horns coming out of his head. >> that's true. it was too short of a hearing for him. >> it's the newest guy on the judiciary committee and he's working his way right in there making an impact. congratulations. he's made a seamless transition. >> why is he on the judiciary committee? he is not a lawyer. >> i'm not sure about that placement. >> but i think in sleeping he was agreeing with elena kagan's original assessment of these types of hearings. she called them before a vapid and hollow charade. maybe he was agreeing with her. >> that went in one ear and out the other. they say he nodded off. i'm going to go by the reporter's observation right at the point when kagan was saying we learned a lot by listening to each other, he dozed off. >> i saw that. that's funny. >> that's unbelievable. >> all right. this is also unbelievable. as it turns out, william jefferson clinton was in russia yesterday and he was talking to vladimir putin and vladimir putin actually kind of scolded the former president regarding the whole, you know, this is -- >> u.s. vs. ghana. >> those 11 people that were apparently planted in the united states years ago. here's what putin said, he said to clinton, your police have gotten carried away putting people in jail. other criminal leaders apparently demanding an explanation for why this happened. some feel it's a right wing conspiracy by conservatives to damage the barack obama administration trying to reset policy with russia. >> i don't know about that. what i get out of this is apparently the spies weren't handing over really important information. they were there for 11 years. but let's look at the bigger picture. who else is in here infiltrating america? the chinese? probably. al-qaida, yep, we know that. so i think it speaks to a bigger problem that we have going on. >> unbelievable that vladimir putin instead of being apologetic and embarrassed was on the attack to our president who -- our former president who was smiling at the time not fully realizing what he's saying. saying yes, sorry for embedding 11 people in your country. there's probably hundreds more. the cops did wrong for making the arrest. the reason for the arrest, one of the people was leaving the country. and they thought we have to jump on it and by the way, the president of the united states knew about this inmeant arrest when he was meeting three days prior. instead of being apologetic and being ticked off, the highest member of the administration to speak out, down play the whole thing saying we're emphasizing resetting our relationship. we should be upset by this. the president should be outraged by this. instead, we're concerned about getting our new friends angry at us forr allowing them to spy on us? >> it's crazy. we saw the video of when the president was there with medvedev, there it is right there. because obama knew that these 11 people were planted and there's somebody in the post of new york today that says that number probably much higher. there's got to be at least 50 or 60 other couples on deep background right now. >> not supposed to have a burger? he couldn't let the cat out of the bag and say in three days, we're going to arrest your people. i don't know. >> they could have a private conversation. listen, what are you doing? >> sure, how dare you? >> no, please. then medvedev could have called up everyone and given everybody warning. we're reading too much into the burger. to the fact that he shouldn't have shared a burger with him. >> no, it's just across the table from each other and obama knows in his head, you sent a bunch of people to my country who are spying on people at the starbucks. how dare you! >> how many other world leaders does he meet with and know stuff like that? come november, republicans could gain control of the house. many say it will lead to major gridlock. is that a bad thing? dick morris up next with how gridlock with help your bottom line. >> and a robber breaks into a store. he has no idea the owner of the store has a secret weapon. you'll see that in a moment. oh, boy! cwdepw2jc%idh'5(x"uqiybzag,@h',@ e@ [ male announcer ] at toyota, we care about your safety. that's why we're investing one million dollars every hour... to improve our technology and your safety. it's an investment that's helped toyota earn multiple top safety pick awards for 2010 by the insurance institute for highway safety. no other brand has won more. these top safety picks, and all our new safety innovations are available at toyota.com/safety. >> here to comment further is former advisor to president clinton, fox news political analyst dick morris up early and also the author of a brand new book, "2010, take back america." gridlock good, how? >> you know what mark twain said no man's liberty or property is safe when the legislature is in session. since they're more or less in year round session, gridlock might be a way to stop them from texting us but i think that if the republicans take congress which i expect them to do, both houses in my view you're going to have not just gridlock. you're going to have two massive mammoth fights in 2011 that will dominate the year and for carryover, will dominate the presidential race of 2012. the first one will start at the bottom. it will move from the bottom up which is the credit crisis in the united states and state and local government. i think that california and, perhaps new york and possibly michigan are going to default and i think that the -- even if they don't actually default on their bonds, the bond holders will fear default and will refuse to buy additional bonds from those states or even short-term notes and when that's cut off, the state is going to basically be in a critical situation. it will then come to obama and to washington and just as greece came to the e.u. and said please guarantee our debt, i think the republicans in congress will refuse even though obama will want to and then what i think the republicans are going to do is change the bankruptcy law to permit these states to go bankrupt if they aggregate the union contract and basically do what delta and all the other companies that go broke do and they wipe away those union agreements and a lot of the pension obligations. and then i think the other big fight that's gonna come is over how to balance the budget. i think that obama is going to propose tax increases including on the middle class. i think the republicans will refuse and will demand a rollback in spending. and the reason those are positive opportunities is it really permits us to reform state and local governments and to roll back the obama spending. >> right. so you totally formulated the next 2 1/2 years. we'll see if you're right but first off, dick morris, stay right there because you'll stick around and talk about this. bill clinton breaking from president obama. have you been picking up some of these signals? what the former president is doing now. some are calling it flat out disloyal. then a terrorist dead. so why did the newspaper refer to him as a protester in his owe bi owe bishary? that story coming up. ♪ ♪ ♪ [ male announcer ] all we ask is that you keep doing what you've alwa done. ♪ the lexus rx never has a vehicle been designed to feel so natural. ♪ see your lexus dealer. we make meeting times, lunch times and conference times. but what we'd rather be making are tee times. tee times are the official start of what we love to do. the time for shots we'd rather forget, and the ones we'll talk about forever. in michigan long days, relaxing weather and more than 800 pristine courses make for the perfect tee time. because being able to play all day is pure michigan. your trip begins at michigan.org. eating healthy is important, but only vegetables can give you vegetable nutrition. one of these will get you more than half way to your five daily servings. v8. what's your number? >> all right. time for some quick headlines on this wednesday. things not looking good in the financial markets leading to concerns the economy may be in for a long slowdown. asian stocks closed down today following yesterday's tumble on wall street and news that consumer confidence dropped this month sent stocks plunging. the dow jones closed down nearly 270 points. the s&p 500 fell about 33 points to the lowest close in eight months. meanwhile, the hunt is on for an alleged cop killer this morning wanted for gunning down two police officers during a routine traffic stop. take a good look at the suspect. convicted felon dante rashon morris was pulled over by officers david curtis and jeffrey cocab in tampa. that's when cops say he shot him. officer curtis leaves behind four young sons. his wife is nine months pregnant. that's the news. >> former president bill clinton breaking from president obama? president clinton endorsing the colorado senate candidate andrew romanof in spite of the support from president obama of michael bennett. this was pretty public. just the other day, president clinton said hey, we shouldn't be talking about who to blame for the oil spill until we figure out how to plug the hole. was that a swipe at obama, too? >> right. i think they both were and i think there's a pattern. i'll talk about it in a second. i wanted to finish with brian. that was a pretty complicated scenario i laid out in the last segment about what's gonna happen. if people want it in detail, it's on my web site, dickmorris.com, article laying it out. it's best my crystal ball can do. there's signs from both clintons that they're moving away from obama. they are criticizing over the oil spill and his endorsing romanoff in colorado, the guy they offered a job to to get out of the race. but also, hillary has been gradually expanding her field of jurisdiction. she talked to -- she announced that the justice department was going to sue arizona a day before the justice department did. she said that rich aren't paying their fair share of taxes. you get to see the secretary of state moving more and more into various aspects of domestic policy. now, the clintons never do anything like this without coordinating it and without having a reason. and i think what you're watching here is hillary not in the on-deck circle yet but kind of grabbing a bat in the dugout and loosening up in case obama falls apart in the mid-term elections and popularity crashes but, of course, gretchen, this is all idle speculation because we both know that hillary's sense of loyalty and integrity would preclude a candidacy against obama. >> that's right. >> that's why you're on the show. i'm asking you what you think. do you think she's going to run against him in 2012? >> right now, no but if obama continues to sag, his ratings go into the 30's and 20's, loses both houses of congress, there will be a ground swell from within the democratic party for new leadership. and at that point, that's a hard ground swell for her to resist the integrity and loyalty, the contrary not withstanding. >> let me get this straight. hillary is loyal to her boss, president obama, but her husband, bill clinton not necessarily loyal to the people who mr. obama is loyal to. >> they play this game. her job is to increasingly talk about things outside of the sphere of secretary of state and his job is differentiate from obama and very suddenly criticize him much the interesting thing is how obama responds. i don't think these guys play on arkansas rules, they play on chicago rules and i think clinton will find himself frozen out. romanoff endorsement is a direct slap at it. >> bill clinton is the most valuable democrat on the stump right now. they freeze him up, they freeze himself out. >> that's the story clinton has put largely based on blanche lincoln but that was in arkansas. we'll see. but i think that it will be really interesting to watch that obama bill and hillary clinton relationship. remember, when he appointed hillary, i said you're letting bobby kennedy into lyndon johnson's cabinet. >> yeah. it was a very smart move by many political pundits but i love how it all plays out. dick morris, great to see you this morning. thank you. >> thank you. a lot of people want bill clinton to come and campaign for them. how many people are going to ask al gore this year? >> i try to get a hold of him. he's not taking many questions. >> sex poodle. >> keep reading crazy stuff about him. >> they lived under -- they lived under our noses, especially you in montclair, new jersey for decades. families accused of spying for russia. families. wee talk to some of their neighbors and an expert who says this may be the tip of the siberian iceberg. >> fighting back. robbers expected the woman behind the door to hand over the cash. she had something else waiting for him. >> and happy birthday to -- >> fantasia, the american idol singer is 26 years old today. happy birthday. the universe is changing captain too bad these cheap props aren't but la quinta is! la quinta inns and suites? yeah, buddy changing? lets take a gander captain they are changing! they have thousands of new rooms! and lots of neato new lobbies! they're even better than before book rooms at lq.com hey, who's captain here? (laughing) wake up on the bright side at la quinta inns and suites la quinta! stop it. hello? you spotted a milli dollar accounting error that no one else noticed. that was pretty sweet. but you did have eight layers of sweet crunchy back up. what can i s? you're the man. or -- you know, the little dude. that's me. [ female announcer ] stop mid-morning hunger with kellogg's® frosted mini-wheats® cereal. an excellent source of fiber from 100% whole grain that helps you stay full, so yon stay focused. also, try chocolate little bites. so, how'd the meeting go? outstanding, i wowed them with my chocolate chip center. >> coming up on the show this morning, just 29 minutes from now, dolly parton live with us on the curvy couch. i am so looking forward to that. she's got over 25 years, guys, of dolewood. >> she's work 9 to 5 all those years. >> since we're talking about her and 25 years, today is my 24th wedding anniversary. by mentioning that, i'm hoping i don't have to buy a card. >> no, you have to buy a card. >> are you kidding me? >> a card? how about a gift? >> we talked about it -- we got to the stage where next year, 25 years that's a big gift. this year, we've decided no gifts but i think i'm taking her out to dinner. >> you want pressure? buy one of those cards that has the voice recorder where you have to hit the button and say something nice rather than write something nice. >> i know. the card was already waiting for me. >> put it on -- i'll write up something for you. >> thank you, mr. hallmark. do a couple of quick news headlines for you. this afternoon, president obama will visit in wisconsin. there, he'll hold a town hall meeting in racine that will focus on the city's suffering economy. the chance to hear the president speak not so easy to come by right now. some residents waited up to 12 hours to get a ticket. > >> to see the first black president of the united states. i think that's a privilege. >> he wants to turn the country around. here's a good example. turn it around. start right here. >> racine suffers a 14.2% unemployment rate, the second highest in all of wisconsin. brian? >> all right. this morning, the house armed services committee will hold a hearing to review the army investigation of arlington national cemetery. secretary of the army, john mccue will answer questions about the changes that have been implemented since the june 13th announcement of massive mismanagement at the cemetery. the overhaul expected to take years. steve? >> meanwhile, brian, shocking discovery in phoenix after 51 guatemalan citizens were found living in a 1500 square foot drop house. officials say the living conditions, awful. >> there's no furniture. it's -- they were supposedly fighting over water. there wasn't a lot of water. there was rotten food in the house. >> police spotted a suspicious truck and followed it back to the house. it is unclear how long the group had been inside the house or who they were working for or what they were waiting for. >> all right fortunately big news, larry king hanging up his suspenders. the cnn host announced he will be ending his 25-year talk show this fall. >> i talked to the guys here at cnn and i told them i'd like to end "larry king live" the nightly show that this fall and cnn has graciously agreed to giving me more time for my wife and i to get to the kids' little league games. >> the 76-year-old is expected to work part time at the network covering special assignments. he said he'd like to see ryan seacrest take over the chair. i don't know if he has that kind of power, does he? i don't know. >> i'm not sure. apple's iphone finally making its way to verizon. bloomberg news -- according to bloomberg news now reporting to that the phone will be available at the beginning of the 2011 year. that's when its exclusive plan with at&t runs out. rumors of verizon iphone has been resurfacing in the tech blogosphere for months. >> that means millions more will be brought for folks with verizon. let's take a look at the horizon and hurricane alex. as you can see right there, it's bearing down on mexico. of course, it's whipping up the waves throughout the gulf right now, maximum sustained winds of about 80 miles per hour. it is a category 1 hurricane. and it is moving to the west at about 8 miles an hour. stand by, folks. meanwhile, take a look at what's going on in the 48 connected states. as you can see, a lot of activity along the gulf coast. that's associated with alex all the way from florida. right through the spill area. also, we've got some showers throughout dixie land and the mid atlantic. also, it looks like snow in portions of the rockies although it is going to be warm today. right now, out in denver, it is 66 degrees. 65 in kansas city. as you can see throughout the eastern third, we have 50's, 60's and 70's. 80's along the gulf coast. later on today, things will warm up in the middle of the country with some 90's but for the most part, it's a more moderate day. only 79 in new york city today after a real sweaty yesterday. about 90 in memphis and dallas and kansas city should track in later today at 84 degrees. >> from the world of weather to the world of cups. >> yes. absolutely. the world of cups and you should wear one, kids. that's an important note. two countries with some of the hardcore soccer fans around, playing in the quarterfinals. portugal's tiago threatening. there's the shot. there's the save. 63rd minute, david villa breaks through. the goal. he gave up just one goal in the entire tournament. that's the one that knocks him out. spain wins 1-0. they play paraguay next round. venus williams ousted by the 82nd player in the world. from bulgaria, you're welcome. venus down 3-2 in the first set ending a great rally by hitting to the net. she breezes through the first set 6-2 but venus would bounce back. it wouldn't happen. she blames herself in the end. match point would go wide. she heads home losing in straight sets, 6-2, 6-3. now, to the busiest off season in basketball history. new clues to where lebron james is heading. maybe to new york. to that place. james checked out several townhouses in new york's west village and it turns out he likely can afford them including that one raising hopes that he'll play for the knicks next season or possibly the nets and commute over to brooklyn. but first, new jersey. he says he fell in love with the neighborhood. she says his main concern in buying a new home is ceiling height because he is tall. the knicks set to meet with lebron tomorrow at 1:00 in the afternoon. before that, he'll meet with the mets somewhere in ohio. coming up on "kilmeade & friends", colonel oliver north and bill hemmer will be on together. that coming up between 9 clock lock a -- 9:00 and noon. >> how much bigger could the ring that infiltrated our neighborhoods get and is this only the tip of the iceberg? let's talk with the f.b.i. expert and the author of "escape to the c.i.a." and joining us is jonathan and another who lived next to the russian spies. tell us about the spies next door. >> oh, by the way, i should congratulate you on your anniversary. >> well, thank you very much. >> or maybe your wife. but anyway, congratulations to both of you. >> thank you very much. >> anyway, the spies next door. the spies next door, i was very surprised when i was told that i had spies next door. >> what were they like? >> my response was wow. >> what were they like? >> what were he like? well, they -- i didn't know the they of the spies. the woman was extremely friendly, was attractive every day she saw me, she asked me how i was. i have a dog. she wanted to know what the dog was. she was very friendly. when i asked her what she was doing these days, she said she was in real estate. >> yeah. >> and other than that, none of us in the neighborhood that i know of were ever in their home. they were very private people. but very -- she was very friendly. i hardly ever seen -- saw that gentleman. >> sure. jonathan, let's ask you. what were the spies like next to you? i know they drove a v.w. beetle. >> that's right. they drove a v.w. beetle and i got to tell you, they were extremely quiet and pretty unremarkable by any stretch of the imagination. never would have expected something like this. >> but how much does it -- you know, you've got kids. you're family has got kids. how much does it freak you out that russian spies planted years ago were living next door to you? >> yeah, it's an absolutely crazy thing to think of, you know, my kids were actually asking me what does it mean there's spies living across the street from us? were they spying on us? they're familiar with, you know, various spy kids movies and things like that and it's hard to explain. it's definitely a little bit unnerving. it's just a really weird thing. i feel like i'm in the background of some sort of spy novel. >> sure. all right, ron kessler, i know you wrote a book about russian spies and all sorts of secret things. what do we think at this point these people were up to? >> well, speaking of my book, there's more secrets in my books and on fox than the secrets that came out during this spying operation. sorry excuse for spies. it's great that the f.b.i. got on to them, tried to find out what they were up to but in the end, the fact that they were only charged with failing to register as foreign agents which carries a maximum of 20 years shows you that these were not grand spies. i mean, these illegals as they're called are supposed to recruit people in the government who have access to classified information, people like robert hansen of the f.b.i., they never did that. it was really a case history of the successor of the k.g.b. having a lot of bureaucrats who wanted to claim they were doing something, accomplishing something but they really accomplished nothing. >> yeah. they didn't -- i mean, they hung out at some starbucks, passed some bags and buried some cash. with so what? >> they were using, you know, very up to date communication methods and so the f.b.i. was able to learn what the methods were and that was very useful and the f.b.i. was there to see if, in fact, they would do something that really constitutes spying but they never did. >> sure. you lived not far from the spies. these particular spies in your cambridge, massachusetts neighborhood. at any point, did you think to yourself that story i heard doesn't match with the story that they told me earlier. did you have a tipoff these were spies who might have almost blown your cover to you or any of the neighbors? >> well, i'm like a lot of people. i started thinking a lot more about what i heard and what i felt after i heard they were spies. before that, i had no tipoff at all. i thought of one thing. i thought the children were rather remote. they were teenagers and i have teenage grandchildren who are full of life and energy and these children -- and i have a dog, and they hardly looked at him. i kept saying maybe they were shy. but other than that, there was no tipoff. again, another thing that i noticed that the gentleman wasn't around very much but she told me one day he was a salesperson and i said oh, he probably is off on a sales meeting some place or he's selling all over the world. >> sure. >> maybe he was selling all over the world something else. >> oh, man! i'm sure in the coming days and weeks, we're going to learn more about the spies that lived next to all of you and ron kessler, always a pleasure. we thank you very much for joining us live from d.c. and leila and jonathan, the neighbors, thank you for joining us. >> thank you. >> you're welcome. >> all right. it is 18 minutes before the top of the hour. straight ahead, a $19 billion tax on banks yanked out of the finance bill yesterday. not so fast. why you could now be footing that massive bill. oh, goodie. and a big announcement from carrey prejohn, why she's celebrating in two days. that straight ahead on this wednesday "fox & friends." fiber one honeclusters? 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[ male announcer ] fiber one. not really. yeah, but, wow! it looks like you guys have everything. we sure do -- we help millions of people save. look -- we're number one in motorcycle insurance, a leader in boat and rv, and -- oh, wait, let me guess. you're the number-one truck insurer. wow, first guess! nailed it. oh, you're psychic! what am i thinking of right now? tacos? yes! helping you save money no matter what you drive. now, that's progressive. call or click today. >> glad you're finally up. some headlines now. a would-be robber messes with the wrong store owner in -- how do you say this? elyria in ohio. the armed man trying to bust into the store, the woman pulls out a gun and fires in self-defense. not enough to fire him off. they are looking for the suspect. the owner just says she's glad she was prepared. wedding bells for beauty queen carrey prejean. she will marry the oakland raiders quarterback kyle boller this saturday in colorado. tmz reports the couple will walk down the aisle at the grand del mar total. i stayed there once. we had to switch rooms. she faced controversy last year after she spoke out against gay marriage. >> why did you have to switch rooms? >> it was a little musty. so i had to move. >> gotcha. >> finance reform takes another twist. lawmakers strip a $19 billion tax on banks that would have funded a new bureaucracy to watch over wall street but stu varney says now, u.s. taxpayers might be on the hook for it. good morning to you, stu. >> good morning. >> how does that work? scott brown, the new senator from massachusetts says i don't agree with the $20 billion thing. how does that get passed on to us? >> well, if you're not going to use $19 billion to fund this reform and you're not going to take it off the banks, where are you going to get the money? the answer is tarp. the troubled asset relief program, that's the original bank bailout fund and that's your money. that's taxpayer money. so we're using taxpayer money to fund future bailouts, take it from the old bailout fund. that's what we're proposing to do. not set in concrete but that's the proposal. >> you're talking about this is way too soon for them to celebrate. you have the president of the united states saying we have massive refinance reform. this is not true. they snuck in the 2,000 page bill a $20 billion tax that scott brown says i'm not doing this. russ feingold says i'm not doing this. a lot of republicans are upset about that. >> is scott brown the hero the villian. he killed the vat tax but opened the door for taxpayer money financing financial reform. does that make him the villian? the jury is out. we don't know whether this legislation is actually going to pass. it's up in the air. the 60 votes in the senate at this moment are not there. >> quick, ask you a question. would this in its current incoronation, if there's another meltdown, will it save us the next time? >> no, you don't know what the future war is going to be. >> that extra money in tarp should go back to the taxpayers. >> it was originally supposed to go back to reduce the deficit. deficit reduction. >> why do that? come on, nobody does that in d.c. what's matter with you? stuart, thank you very much for joining us live. his show is 9:20 eastern on the fox business network. check it out. >> he plays himself in that series. >> usually. >> check out this new story, an obituary remembers a man about a protester. only problem is he's a terrorist and convicted murderer. why leave the details out? liberal media bias? we explore that next. >> first, she advocated using one square of toilet paper to save mother earth. now, sheryl crowe has a new enemy. the tea party. details ahead. with calcium and vitamin d alone. he recommends citracal plus bone density builder... the only calcium supplement with genistein found in nature in soy and proven to significantly build bone density. citracal. >> back in 1970, dwight armstrong along with his brother and two friends packed a stolen van packed with explosives and jet fuel that blew up and killed four people. they did not call him a terrorist but a vietnam war protester. tim graham, director of media analysis is upset with it and joins us with more. >> "washington post" did not call him in the headline a bomber or did not use the word bombing. why? >> i'm not sure. it's one of those things that i suppose that, you know, "the washington post" is never that worried that people are going to be scanning the obituaries looking for liberal media bias but yeah, i think there is a tendency sometimes to try to suggest that, well, this bombing was at least justified or wasn't so bad, you know, obviously a difference here between nonviolent protests and blowing up a building that killed one and injured three. >> and i do want to correct that the lead-in said it killed four. it only killed -- not only but it did kill one person, not four. >> 33-year-old father of three children. >> right. and not like that is not important because it is. let's talk about the other research that you did, though, you went to look at the other obits, what did you find? au >> everybody else including "the new york times" used the word bombing or bomber in the headline. "new york times" within its first paragraph was calling it domestic terrorism. that's where you just say somebody at the "washington post" was not paying great attention the way that they ran this. but we do have that tendency especially in madison, wisconsin which is a pretty left wing enclave even today to try to make excuses for what dwight armstrong did. >> how? >> the local alternative newspaper there -- the local alternative newspaper there was trying to say well, you have to understand in the context of the time, you have the shootings at kent state. you have the shootings of people in the black panther movement and they felt targeted. even if that was the case, you don't go blow up an innocent man. >> exactly. you speculate about how "the washington post" mind do an obit let's say when bill ayers dies. >> what are they going to say? author and educator will probably be the headline. you know, instead of bomber and that's the problem is that they almost want to suggest that oh, they've moved on and they've done something different but these people have never been sorry for what they did. dwight armstrong gave an interview in 1992 saying it was the right thing to do. bill ayers has never been sorry for what he did. that's the problem. that's where the liberal media sometimes makes excuses when they shouldn't. >> very interesting discussion. you're from the media research center. thanks for being our guest today. >> you bet. >> coming up on the show, trying to get voters to catch the politicians with their feet in their mouths. a campaign that democrats have launched now to try to allegedly embarrass republicans before next november's election. you know kind of like vice president joe biden's gaffes. and joining us at the top of the hour, celebration the 25th anniversary of dollywood, country music star dolly parton. come on in, dolly. she's here live. 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[ bank associate ] your first boyfriend... just a yes or a no whether or not he broke your heart. ♪ ♪ music ♪ summertime was made for maine. music start planning your maine vacation at visitmaine.com you'll find hundreds of summer getaway packages filled with exciting, special offers. music yon can also request your free maine travel planner. music come discover there's more to maine. music >> hope you're having a great wednesday morning so far. it's june 30, 2010. thanks for sharing your time with us. at this moment, hurricane alex picking up speed. where the storm is expected to make landfall and how it will affect the oil spill pouring into the gulf. >> all right, a teenager taking on his teachers. yes, he says he's been begging to say the pledge of allegiance. why would he have to do that? steve? >> meanwhile, brian, in the studio with us right this very moment. country music legend dolly parton here -- here in the flesh. there she is right there for the very first time live on the program. she's going to put the curve in the curvy couch today. is it ok to say that, dolly? >> all right. good enough. "fox & friends" with dolly parton starts right now. >> hi, this is dolly parton and you're watching "fox & friends"! >> that's because dolly has been on the show a lot before but now she's here in person and we're so excited. she's going to be sitting on the couch moments away. hi, dolly. >> hey. >> hello, dolly! >> exactly, hello dolly. couple of quick headlines for you. hurricane alex churning through the gulf, 240 miles southeast of brownsville, texas. category 1 storm expected to make landfall tonight or early tomorrow morning in northeast mexico. wild waves, winds, whipping beaches in austin with speeds clocking in at 80 miles per hour. people, of course, getting out the play woywood boarding up th homes and businesses. sandbags usually visible covered with water and cleanup boats are being forced to dock and workers asked to evacuate. attorney general eric holder has made a surprise visit to afghanistan this morning. he just met with afghan and u.s. officials to talk about efforts to fight corruption and support the rule of law in afghanistan. he also discussed building better relationships between law enforcement agencies and prosecutors in the two countries. another breaking news story we're following while you were sleeping, a powerful 6.5 magnitude earthquake struck the mexican resort town. it could be felt as far away as mexico city. no immediate reports or casualties or major damage. we will, of course, continue to follow this breaking story and bring you any additional information as soon as we get it. in just two hours now, supreme court nominee elena kagan will be back in the hot seat. lawmakers are going to grill her for a second day and joining us now from washington is our own molini wilks with a preview. good morning. >> good morning, gretchen. the second round of questioning for supreme court nominee in elena kagan is expected to wrap up today leaving tomorrow for testimony from outside witnesses. yesterday, kagan was questioned about her liberal background but insisted her politics would be entirely separate from her judging. and like many nominees, she dodged and side stepped on a number of questions about her legal views. kagan got grilled about restricting military recruitment while dean of harvard law -- because of her opposition to the "don't ask, don't tell" policy, she insisted the military had access to students at all times meaning through a veterans group instead of a recruiting office but a key republican wasn't buying that. >> i'm just a little taken aback by the tone of your remarks because it's unconnected to reality. i know what happens at harvard. i know you are an outspoken leader against the military policy. >> despite some tough questions, kagan charmed the panel with her sense of humor. she left senator arlen specter literally speechless with this comment about cameras inside the supreme court. >> it means i'd have to get my hair done more often, senator specter. >> oh. let me commend you on -- let me commend you on that last comment. >> kagan and specter both favor cameras in the court. senate judiciary chair patrick leahy says he hopes to finish the hearings tomorrow so lawmakers can attend senator byrd's funeral on friday. still, every indication that kagan will be confirmed. gretchen? >> molini wilks, thanks very much for the update. there's going to be some respect for former secretary of state condaleeza rice. the queen of soul, aretha franklin has asked rice to join her in concert next month. rice, of course, a classically trained pianist and franklin is working on an opera. but the two will join musical forces on songs like "say a little prayer" and "natural woman. "there's a chance they will perform at more concerts in the future. >> great pairing. >> let's talk a little bit about sheryl crowe, all she wants to do is have fun, right? actually she's also giving her opinions in an interview with katie couric that is appearing in "glamour" magazine, what would you think she's taking shots at? >> lance armstrong. >> that would be natural considering their history but nope, she's taking some shots at people in tea parties. the tea party movement. and here's one excerpt. she says, you see some of the interviews with these people who really don't even know what the issues are. they're just swept up in the fear of it and the anger of it as well. >> well, the interesting thing was earlier in the interview, she said, hey, more people need to get politically involved and they need to show their true colors and this is the exact quote. they need to take to the streets to cause a riot or a revolution and couric correctly pointed to the tea party as an example of modern day sort of activism or just regular people getting out on the streets and that's when sheryl crowe said she saw them as uneducated, angry and potentially dangerous. >> yeah, they haven't had time to -- they haven't had time to educate themselves. they're just angry. however, she is actually a little bit -- she's very far from the facts when it comes to what makes up the tea party. according to "the new york times" and in this rasmussen poll, who has a better understanding of problems facing america? 52% say tea party members do. 30% said average members of congress and 18% are baffled by the question. >> people of america think the average tea party member is 22% smarter regarding stuff like that than members of congress. just a moment ago, dolly parton when we were looking at elena kagan testifying up on capitol hill yesterday, you said oh, it's like being called to the principal's office. >> it is. wouldn't you hate to be on the hot seat like that? she said something about her hair, i could loan her some of mine. i'm not using right now. >> she's looking for a job for life. you've had a job for life being dolly parton. >> i have! i have! and i have so many things to show for it. we're going to talk about the 25th anniversary of dollywood. >> hard to believe it's been 25 years. you came up with this idea back in 1986. what did people say to you back then? >> a lot of people thought i was making a big mistake. a lot of my business people thought it was too big of a chance but i just had a feeling in my gut it was a good place and i had a good reason because it's a wonderful part of the world up there, the great smokey mountains national park is the most visited national park in the united states, people don't realize it. we have like 10 -- at least 10 million people a year come in and out of there. >> you are the number one employer in your county. >> i am. with the dixie stampede which is one of the dollywood companies and our dollywood splash country, we employ about 3500 people. so we're very proud of that. >> entertainer, businesswoman. >> well, i love the business end of it but this has been a great 25 years and we're celebrating this whole year and we've done a special on hallmark that's going to be shown on the 3rd of july on the hallmark channel with kenny rogers, mily cyrus and billy ray cyrus, her dad. so it's a good show and it's a fun fest really and the celebration. >> you've seen so many people emerge out of nowhere. some flame out and some go strong. what about miley cyrus? do you see her sticking around? does she have what it takes? >> i think she does. i know her since she was a baby. i know how talented she is. >> you're her godmother. >> i'm her honorary godmother. i loved her all her life and i loved her dad. i worked with him in the early days. that's how it came to be. a lot of people don't really realize how talented she is musically. she plays out of a guitar and she writes great songs. she's a great entertainer and as you know, from seeing hannah montana, her timing, her comedic, you know, timing is unbelievable. she's got everything it takes and she's just trying to make the transition now and i hate it when people criticize her and condemn her. >> they do because they say she's getting a little too adult. >> well, she's trying to grow up. she's 17 years old. we remember back when we were younger, she's having to feel her way through. she'll land in the right place. i really know she does have everything it takes. >> we just saw brittany spears, that's why. >> at the moment, they're playing her up like that and i think she's just trying to find her way and she will. so i have all the faith and you'll never get me to ever say anything bad about her. >> she generally has a great voice. and some of the artists -- >> she's a great singer. >> some of the artists that we've seen become famous don't necessarily have great pipes. >> she has a great voice, great entertainer. she can speak to you like she's 50 years old. she has everything it takes. i really know she'll make the right decisions. she's feeling her way right now. she's got a new record out and i'm sure she's got other people helping her, telling her things to do so she'll have to find her own way now. >> let's talk about the dixie stampede because this is in branson, missouri. what is it? >> well, actually, it's in branson but we also have a dixie stampede in pigeon forge. that's what i was talking about. that's one of my dollywood companies. it's a dinner theater where people come and the families get to participate in a wild west show and these beautiful horses and all them great riders so we do really well with that. that's out on parkway. it's not in the dollywood park. we have the dollywood splash country. >> you're branching out. >> i know. it's a wonderful -- >> you're an industry. >> i am. i've been at it a long time. i love that part of it. i've been fortunate and i've been lucky and i was glad that my gut feeling back all that time, well, it was something i wanted to do to bring honor to my place, my home and family. it provides a lot of jobs, not to neighbors and friends around there but my own family. >> we've had a lot of e-mails saying i've been to dollywood, it was my favorite family vacation growing up. >> i've been there, too. >> you are known so well for the song and musical 9 to 5. you don't work 9 to 5 but you work 9 to 9. >> i started working when i was 9 and i hope to be working until i'm 95 so in a way, that's been a job that's really followed me for 30 years now because we did the movie 30 years ago. and now, we did the broadway musical and now we're going on tour, the national tour of the broadway musical is starting in nashville in september. >> how does that work? you load everything up in a trailer and driving across america? >> actually, they do. it's a different cast than we had on broadway, of course. and it's been scaled down a bit but it's a wonderful show. >> i saw it. it was great. >> we're excited about it. we'll be in all the major cities, atlanta, chicago, st. louis, dallas, denver, everywhere all over here. >> i find musicals tough to figure out. why would you sing when you can talk? >> yeah but it gives you a chance to say more. you know, when you're trying to get -- >> in the commercial break, you are going to have to sell brian on musicals. >> ok. >> well, i'll tell him what i plan for mine. i'm writing my life story as a musical. >> can we tell her what we discuss during this segment? if it goes well, do you see you hang out with us. when you're in town, you go out with us and you'll say you'll judge after the segment. do you want to decide now? >> it's looking pretty good. i know these two, i'm warming up to them. when you're finished with the 9 to 5 about the musical, i'll decide. >> fine. >> ask again later. >> great to have you because you've been via satellite. >> i know. >> and you watch us every morning almost. >> i do. my husband is watching now. >> hey, keep the house clean. >> that's about it. more of a warning. >> above the kitchen door. >> you are an institution and an inspiration to so many young women and men and older people across the country because you have certainly made the most of your life. >> well, thank you. i love my life. i've been very fortunate. not many people get to live to say i've seen my dreams come trueme true. i wake up with new dreams every day. i've seen my dreams come true. it's very humbling to me. i thank god every day for that. >> next one to appear on "fox & friends" is gretchen. >> i've warmed up to you. we're going to go to dinner. >> we have lunch. you get dinner. >> is there a subway around here? >> yeah. >> all right. check out dollywood celebrating 25 years and also the stampede and the musical which is taking off across the country. >> we're doing good. thank you. >> how about a round of applause for the great dolly parton? >> does that mean i'm going now? >> wait for a minute, we'll tell folks what's going up on the show. white house is playing down the arrest of the 11 russian spies. is this the sign of a bigger plan to exploit the u.s.? our political panel weighs in on all this spying stuff going on. >> and there you see it straight ahead. and the aclu is supposed to protect our best interest. eliminating the no fly list, perhaps it's gone too far. >> could this save the greeting card business? a pitch to make them safe to eat. oh, good. >> eating carbs? what? the challenge jobs. don't tell me about a dog. an exploding crockpot, free-ranging house chickens. call a day's work. ♪ call 1-800-steemer to keep in balance after 50, i switched to a complete multivitamin with more. only one a day women's 50+ advantage has gingko for memory and concentration plus support for bone and breast health. a great addition to my routine. [ female announcer ] one a day women's. yeah, but, wow! it looks like you guys have everything. we sure do -- we help millions of people save. look -- we're number one in motorcycle insurance, a leader in boat and rv, and -- oh, wait, let me guess. you're the number-one truck insurer. wow, first guess! nailed it. oh, you're psychic! what am i thinking of right now? tacos? yes! helping you save money no matter what you drive. now, that's progressive. call or click today. don't you wish all investing decisions were this simple? ♪ ♪ ♪ now when you open and fund an account, ou'll get 200 commission-free trades. fidelity investments. turn here. ♪ >> all right. the white house seems to be playing down the impact of the arrests of 10 suspected russian spies living here in the u.s. listen. >> i mean, obviously, the president was fully and appropriately informed. this was a law enforcement action and law enforcement acted appropriately and he did not have any personal reaction that i know of. >> all right. joining us now to discuss that over the top analysis, our political panel consists of victor davis hansen, an outstanding columnist, military historian and author of "the father of us all, war and history ancient and modern." he joins us. george allen is the middle chair, former governor of virginia and author of this new book it's a great one "what washington can learn from the world of sports." welcome. carmen is here, attorney and vice president of the hispanic national bar association. first to you, former senator and governor george allen. are you surprised that vladimir putin is mad at us for arresting 11 spies in our country? >> well, vladimir putin, you need to know his history with the k.g.b. and all of that in the past and i think this f.b.i. has been tracking these individuals for their -- they're actually arrested for espionage or not registering as illegals and, you know, you think what does russia need to be worrying about with us? well, they don't agree with us on a missile defense system and our administration has backed down and left the czechs and the poles high and dry on that. russia, where they're getting all their strength these days is from their energy. they're number two in the world in energy resources. believe it or not, america is number one. >> right. >> and they -- they may think it's wonderful that the united states doesn't want to use our plentiful coal or gas or oil resources and continue to be vulnerable to all the cartels. >> victor, first, they're embedded in our business industry. there's a couple in washington. they want to know what we're doing business. >> this is part of the reset diplomacy. i can't believe robert gibbs said it wouldn't affect reset diplomacy. that's the idea that all the problems with russia started with george bush and didn't transcend george bush and we learn whether it's the czechs or the pols, we put on the altar of reset diplomacy, the world hasn't changed much. these people abroad are not affected by hope and change. they're rivals and against a lot of the thing that we want to do. >> the administration annoyed that we came out, they jumped on this guy that he was leading the country. they seem annoyed to bring it up at this time. >> they may be annoyed. the real issue is honestly, why are we not spying on china? why are we not filing charges on chinese spies here in the u.s.? it came out this morning in "the new york times," they're not going to be charged with espionage because they had no secrets to send back to russia. >> it's oversimplistic. they could get 20 years. stay right there. we'll change gears in a second. we'll jog our political panel's memory with this. >> over here with the yellow short, makaka or whatever his name was. >> how they want to make makaka moments part of their political strategy. [ female announcer ] which cheese slices do you prefer? one that has to be called pasteurized processed cheese product? [ lou ] or, one that can actually be called, natural cheese? ♪ here at sargento, we believe your sandwiches, burgers and panini deserve the very best. that's why our family's deli style slices are never processed, and always made with natural ingredients, for a taste that's authentically delicious. sargento. persnickety people. exceptional cheese. >> we're back with our incredible panel including former virginia senator and governor george allen who was the center of a political you tube video in 2008 for this comment. >> this one over here with the yellow shirt, makaka or whatever he is, he's with my opponent and following us around everywhere. >> that's just yesterday, democrats launched a program to find the makaka moment of 2010. urging people to keep cameras and videos to catch republicans to say something they may look to regret later. is this a good idea? first off to you, senator allen. what are your thoughts when you see that and the fact that it could trip up other candidates in this you tube generation? >> well, it reminds me of a mistake that i made. there was no malicious intent to it. i was trying to chide my opponent who was in hollywood while this young man who was a cameraman was following me all over virginia, dozens of events and i never should have brought him into the debate and so what it means that everyone needs to be careful to make sure your campaign is staying on issues and ideas and a record that people care about and campaigns and not let it get distracted and misdirected and mischaracterized by errant comments. >> what do you think about that? shouldn't democrats have a platform in which people can be inspired and move towards rather than try to find the makaka moment moment>> i think this is the brilliant idea. republicans should do it to the democrats as well. >> who benefits? >> everybody. because we spend way too much time in this country, way too many years going down the spiral of decay, political decay and i think, you know, the people who should represent us should be the best and brightest. there's a lot of unemployment out there and a lot of young politicians who have -- and are looking for a chance to be able to represent this country. i think it's a great opportunity to, you know, make sure that we select the best. >> victor, is this the ultimate diversion, the inconsequential things in a very consequential time. >> i don't think we're going to see it because this is between that comment and today, we have the clinger speech by the president, reverend wright. we have the typical white person and then during the presidency, we have the cowards outburst by eric holder. we have justice sotemeyer wise latina, we have the president's beer summit and stereotyping police. we've come a long distance and people, if you can gauge the pulse of the country, they're tired of gotcha stuff and the democrats, we've had harry reid and we've had all sorts of stuff under the bridge by them. >> it's unbelievable, too. and senator, we have a hole in the gulf of mexico that's threatening -- it's a natural -- it's a manmade natural environmental threat like we've never seen before. we got two wars to fight. should we be finding a makaka moment in our next candidate? >> well, as part of the gauntlet one has to run and any candidate needs to understand it. i understand it. i may be the expert on this, so to speak and maybe you tube was benefited from it. but i think really, in campaigns what people care about are jobs, our economy, this dangerous debt. this out of control spending and recklessness in washington and energy policy and in my book on what washington can learn from the world of sports is people like what goes on in sports. they're unified. they're motivated by it. most of what goes on in washington seems to be against the people and our competitiveness as a country. that's what one would want as a campaign is to talk about ideas and solutions. one is a candidate and i know this. need to always be careful and make sure you're staying on that message. executing so that the opposition cannot mischaracterize or get the campaign off on things that don't matter to people. >> all right. i guess we'll have to end it there. senator allen, victor davis hansen, thanks so much. all right. coming up next, meanwhile, straight ahead, what does the financial overhaul mean for you and for me? dave ramsey is here to explain the ups and downs of the plan and a teenager taking on his teachers. he says he's been begging to say the pledge of allegiance. why would he have to beg to say the pledge? why did he lose? and then wonder woman getting a make-over. but some say her new look is over the top. we'll report, you can block it. ♪ ♪ well, if you come from the hood ♪ ♪ or ya come from the burbs ♪ got the fellas up in here tonight ♪ ♪ ♪ we at the block party having fun ♪ trigger spray vs. roundup pump 'n go sprayer. it's the 5-minute challenge. with up to 5 minutes of continuous spray, pump 'n go kills weeds, not your hands. roundup pump 'n go. hard on weeds. easy on you. >> all right. time for your shout of the morning. what woman wears the same outfit for 69 years? only wonder woman. but after all that time, she's finally getting a make-over to keep up with the times, her new outfit is more modern and less revealing. that's a first. she will no longer fight crime in a bustier. >> yeah. >> new look debuts today in issue 60 in the comic book series. >> there goes -- >> i'm not sure i like the new look. >> there goes the hot pants. >> i kind of like seeing those muscles flexed out like that in the original. she looks tougher in the first one, doesn't she? >> i don't know. au >> she looks like a slacker on fighting crimes. >> there's a lot of guys who will commit crimes to be captured by her. i'll stay many this bank until i see wonder woman. keep your hands up. >> she may be able to deck you. >> no doubt about it. >> courtney friel will tell you about how big changes are coming to the neighborhood bank, perhaps. it's really cool stuff. you can start paying with your phone. >> right. this afternoon, president obama heads to wisconsin. he'll hold a town hall meeting in racine focusing on the city's suffering economy but a chance to see the president not coming too easy to everybody. check out the long lines to see him. some people waited up to 12 hours to get a ticket. >> to see the first black president of the united states. i think that's a privilege. >> he wants to turn the country around. here's a good example. turn it around. start right here. >> racine suffers a 14.2% unemployment rate, second highest in wisconsin. gretch? >> first time home buyers getting three more months to take advantage of the home buyers credit. house voted to give them more time to land a $8,000 income tax credit but the bill doesn't help everyone currently shopping for a home. buyers must have signed a contract by april 30th to qualify for this particular tack break. >> police expected to release results today of an independent investigation into the arrest of harvard professor henry gates jr. it sparked a nationwide debate on race after he was arrested by the white police sergeant for disorderly conduct at his own home. gates claimed he was the victim of racial profiling and all the charges were later dropped. the incident also prompted president obama to invite both men to the white house for the beer summit. there you can see them along with joe biden sipping on some suds. >> right. hey, the government is getting slammed with a lawsuit today challenging the no fly list. the aclu is leading the suit on behalf of 10 americans on the list much group claims it violates their constitutional rights and in some cases, leaves people stranded in foreign countries. group says there's little the u.s. citizens can do if they think their name has been wrongly added to the list. >> well, there's a delicious new way to tell somebody you care about them. american greetings corp which makes greeting cards is including flavor strips. which they're calling tasties. they're dissolvable strips that match the message on the card including cupcake flavor for birthdays and margarita flavor for a big bash. >> happy anniversary, honey. taste the bloody mary. >> sure. >> let's check out the weather picture right now because we've been real, real, real hot on the east coast. i think it's going to cool down slightly. >> there's a big storm -- in winter. winter is gone. >> i meant today. >> yes indeed. we'll show that in a moment. first, we'll look at hurricane alex moving through portions of -- bearing down on mexico as you can see right now maximum sustained winds are about 80 miles per hour and it is whipping up the waves out in the gulf. meanwhile, let's take a look at the next map and check out where it's raining today and a lot of activity showing up on the doppler as you can see along the gulf coast and up through portions of the mid atlantic. northern plains a little bit of action and it's nice and dry throughout portions of the northeast. meanwhile, here's what gretchen is talking about. things are cooling down. 62 in new york city. yesterday, man, it was hot. 73 in raleigh and in atlanta. mid plain states, temperatures in the 60's. up in the northern plains, temperatures in the 70's and as the day goes by, things will be about 10 to 15 degrees cooler throughout much of the land. lower humidity as well. only 80 today in raleigh. about the same for new york city. cleveland topping out at 74 degrees and chicagoland, 78. and that's a look at the fox travelcast. meanwhile, things were heating up at the world cup. >> right. two countries with some -- with probably the most hard-core fans in the world, spain and portugal playing for a spot in the quarterfinals. very well played game. there's portugal, those guys didn't play. these guys did. tiago with the shot. watch the save. up to the task. 63rd minute, spain scores. david villa. he would break through and put the goal and the rebound. >> goal! >> right in. but it's that one, one goal would be the only goal they would let up but in end, it would be spain with the victory, 1-0. on to paraguay and japan. you're looking at 120 minutes no scoring. time for penalty kicks. there's the only miss. together, he is very upset. he says he let his country down. he apologized to entire nation, he shouldn't. it happens. final score 5-3 paraguay in a very poorly played game wins in penalty kicks 5-3. they play spain on saturday. >> have you ever gotten hit -- have you ever gotten stuck sitting next to someone who had a game -- who got hit at a game, got hit in a game on their cell phone. >> let me try that again. >> start over, please. >> go ahead. >> have you ever gotten stuck sitting next to someone at a game who won't get off their cell phone? this video is for you. >> there you go. >> yankees-mariners in the fifth. heads straight to that guy on his cell phone. may want to bring a hands-free device to the park next time. they have the blue tooth. right in the face. >> did he get a drop call? >> i believe it was a foul. >> i hope that wasn't my husband. >> i don't think he sits in the outfield. >> he was at the game last night, though. >> really? >> what if you could manage all your money from your cell phone? it may be closer than you think. fox news correspondent courtney friel got an exclusive look at citibank's innovation lab where they're designing the bank of the future. she's with us on the studio. >> banks are on the mission to serve their customers in an increasingly digital world. citibank has a team working to revolutionize the banking experience for their customers. >> we're working on different ways to take what happens at the branch and to extend that into your internet and mobile phone and we create a smart system for you. very different model where you have to come to the bank and hope they're open. >> at citi's innovation lab, members of the small innovation team tests prototypes for the bank of the future. >> if you're interested in a credit card. >> the interactive sales wall will let customers shop for credit cards or home loans. they can flip through products much like they did on the apps on the cell phone. with the tap and pay, they could load the credit card on to their cell phones. >> imagine you could tap on the retailers, it's all you need. >> auto you'll see media walls and basically digital posters with up to date and local global news. citi's new features will roll out in the banks in the next two years making traditional banking a thing of the past. many innovations are up and running in japan, china and other parts of asia. >> we need to really address the issues that came out of the financial crisis and put our customers in a very strong position and likewise, we need to be able to give them and present them with very strong digital experience. >> you mentioned the financial crisis. the taxpayers are surely going to be wondering how much this initiative will cost considering citibank got $49 billion in bailout money. they wouldn't tell us the exact amount. it's in the double digits of millions and citi isn't the only bank going high-tech. bank of america is developing a way to help customers to develop checks by scanning it into their mobile phones while fargo sends out electronic a.t.m. receipts. at chase, they can transfer funds via text message. >> that's so cool. tell me the tellers aren't going away, right sf>> right. my grandma will be freaking out right now. there's always someone in person you can deal with. >> courtney friel live in the studio. thank you very much. speaking of banking, the financial reform bill is on its way to becoming law, perhaps, what does it mean for all of us? mostly the bill does very little to change the way wall street operates or to address the major issues like executive pay but will it change anything for consumers? >> personal finance expert dave ramsey is here to tell us what the regulation means for all of us. good morning to you, dave. >> good morning. >> steve brings up some good points. i thought the anger a tthat a l of americans have about wall street and the need for financial reform is number one, getting lending easier, right? and some people were upset about the executive pay and what some of the people down on wall street were raking in. is that anywhere in this bill? >> no. it's not at all. and taxes, extra taxes on the banks to "punish them for misbehavior" have been in and out of the bill. the truth is that they probably don't have the votes to pass it with the death of senator byrd so it's probably a nonstarter to begin with but i think the issue is we've got to go back to this idea of do we really want government protecting us? every time they do, it ends up creating all kinds of problems for we the people. >> uh-huh. >> right. but what about this actual bill in particular? dave, i don't know how you boil it down to five points. it's over 2,000 pages and it was written on the weekend and by the way, they add a provision that's going to cost some major institutions $20 billion. >> well, exactly and it's not going to cost the major institutions anything but major institutions don't pay taxes and they don't pay these things where the government saddles them with regulations. they pass that cost on to the customer. because they've got to make a profit to stay open so that cost is going to blow right through to the bottom line on the customer's products somewhere somehow, they'll make that up. maybe it's cell phone thingies being we just saw, i don't know. somewhere they'll make their money back. that's the game plan and it is, it's thousands of pages and passed on a weekend. this is a standard operating procedure these days in washington for passing huge reform. we got real scary things like this consumer financial protection bureau. sounds great. we're going to protect the consumer. only we give them carte blanche to write regulations without having to go back to congress. they're going to be setting laws of their own accord on these banks later on. 10 years from now, this may look like the k.g.b. these guys are out of control. >> you know, in washington, on capitol hill right now, the banks are a convenient punching bag. after what they did to all of us, we'll stick it to them. ultimately, all we care about is consumer protection and it's not there. >> well, that's exactly right. there are some consumer protections in here. they're offering a free credit score to you if you get turned down. whoopi, you can get that anyway. the banks have to check if you have income and assets. there's an idea. before we loan you money, we'll be check to see if you're breathing now. i think banks probably learned that lesson from the subprime crisis by and large. so this is about washington once again acting like they're doing something and well, the result is they really didn't do anything that's positive. there's a bunch of little gotchas in here but bottom line is i'm not -- i'm not liking this. >> if you were a teacher for today, the grade you would give this financial reform bill is -- >> a d. a d. no question. and the reason is we don't need washington to protect us. we've got to be smart enough to look and think as we buy things. >> his name starts with a d. it's dave ramsey. thank you very much for joining us live today. >> have a great day. >> thanks, guys. >> straight ahead, he made history as the first black president but our next guest says president obama is making it harder for other african-americans to achieve public office. >> they have barely cashed their relief checks and now the tax man is already knocking on their door? congressman fighting to keep the government at bay will join us live. >> trivia question of the day -- hey, it's great to see you're back after that accident. well...i couldn't have gotten by without aflac! is that different from health insurance? well yeah... ...aflac pays you cash to help with the bills that health insurance doesn't cover. really? well, if you're hurt and can't work, who's going to help pay for gas? ..the mortgage, all kinds of expenses? aflacccccccccc! it's the protection you need to stay ahead of the game... exactly! aflac. we've got you under our wing. aflac, aflac, aflac... aflac, aflac, aflac don't you wish all investing decisions were this simple? ♪ ♪ ♪ now when you open and fund an account, ou'll get 200 commission-free trades. fidelity investments. turn here. ♪ >> answer to the question of the day. michael phelps, the winner marilyn from coconut creek, florida. >> many thought barack obama broke the barrier for african-americans in washington when he was elected president. so why are so many african-american candidates having a rough time this election year? joining us me from richmond, virginia is former virginia governor, first african-american governor of virginia, doug wilder. good morning to you. >> hi indeed, gretchen, the first african-american governor elected in the nation. >> that's exactly. not just virginia. >> need to point that out. >> i was fortunate enough to cover you as governor when i was reporting in richmond. what do you make of the situation now? i mean, so many people said that an african-american becoming president obviously historical and that that would lead the path to so many other african-americans getting into politics and winning races. why isn't that happening? >> they said that when i was elected governor and it took 17 years before another person was elected governor and that was duvall patrick in massachusetts. there's no logical connection between a person being elected because of his color or gender. you say from here on in, it's going to be easy. that's poppycock. you still have to do the groundwork and do the work and be certain that you have a mass of support that appeals to the voters. unfortunately, as mr. obama was elected during a very fortuitous time for democrats, people read too much into that to believe that all they got to do now is run and i'll be elected. that's not the case at all. >> you say people don't care as much about making history. they care about jobs. >> precisely. when i was running for office, virginia, as you know, had the smallest numbers of african-americans of any of the southern states. people who never voted for an african-american because there had never been one on the ballot. i would say don't vote me because of color but don't vote against me because of color. let my credentials speak for themselves. i've tried to do that. >> do you think it's too early to judge president obama only 18 months in office? >> no, i don't think it's too early to start giving grades but i think you've got to understand that a full term is going to be that which you judge. after his four years, you'd see what that was a contribution and what did he do? when you speak about others getting office, it's not too early to judge some of them. for instance, duval patrick, governor of massachusetts is up for a tough time this time. if he gets elected, it will be very fortunate for him. we saw what david paterson in new york is running into great difficulty. and that without any encouragement from democrats to keep paterson in office. >> president obama did not want paterson to remain in office. all right. >> well, that's -- >> i have to wrap it up, unfortunately. always good to get your thoughts and a very interesting topic. >> always good to see you. take care! >> all right. former virginia governor doug wilder. high school students taking on policymakers. they want to cite the pledge of allegiance. murder suspect joran van der sloot ready to talk for a price. how much does he want for a tv interview? will he get it? kenny chesney's "summertime" the number one song on the country charts. cwdepw2jc%idh'5(x"uqiybzag,@h',@ e@ >> fox nation. all right. a student at arlington high school in massachusetts has collected over 700 signatures of people who support having the pledge of allegiance recited every day at the school. but the school is still refusing to allow that. that patriotic student is shawn harrington and joins us live from boston. good morning to you. >> good morning. >> good to have you. let's start, you are a very bright kid and you can cite for me chapter and verse the massachusetts state law that requires people saying the pledge of allegiance every day in public schools. >> yep. >> massachusetts general law, chapter 71. section 69 clearly states at the commencement of each day in all grades and all public schools, the teachers should leave their class in a group recitation of the pledge of allegiance. failure to do so will lead it a fine of month more than $5 for every two consecutive weeks. >> exactly right. it's a state law but it's ignored at your school. you have been trying to get your school, your school committee, your principal to too this. i know the school committee had a meeting the other night. they voted 3-3 so nothing really happened. you have to be disappointed that your own school committee doesn't want to stand behind the pledge of allegiance. >> i'm totally disappointed. i thought i had the support that i needed. i was led by certain people to believe that i had all the support but it didn't work out. >> why didn't the school committee vote for it? >> they believed it had some -- that teachers would not want to -- that teachers wouldn't want to volunteer to say the pledge or that it was going to be mandatory. i don't know why. i have support from tons of teachers from my school and i think if we can't find at least one teacher in each school that would want to say the pledge, we live in a broken society. it's as simple as that and the school committee, i don't really understand their idea on this. they think -- they'arguing it'sg to be panned to her when it's not going to be mandatory. >> your principal is not in favor of the daily reciting of it stlut the school said on saturday, june 26th, i wrote to the school committee i intended to move the american flag from the main office to the main lobby and leave the recitation of the pledge of allegiance for all students and staff that wanted to join me. is that a good compromise? >> no, it's not because there's going to be no consistency with this. students, right when they get to -- right when they get to the school, they rush right to home room. they don't rush to the main lobby. it's a big school. kids have home room all around the school and it's going not going to work. it's the same reason i started this petition so we didn't have to do that. students don't want that. >> i understand your frustration. folks, e-mail us. we thank you very much for joining us from boston. all right, "fox & friends" rolls on live from new york in two minutes. sir? finding everything okay? i work for a different insurance company. my auto policy's just getting a little too expensive. with progressive, you get the "name your price" option, so we build a policy to fit your budget. wow! the price gun. ♪ ah! wish we had this. we'd just tell people what to pay. yeah, we're the only ones that do. i love your insurance! bill? tom? hey! it's an office party! the freedom to name your price. only from progressive. call or click today. we all have one. that perfect spot. a special place we to smooth out the ripples of the day. it might be off a dock or on a boat. upstream or in the middle of nowhere. wherever it may be, casting a line in the clear, fresh waters of michigan lets us leave anything weighing us down back on shore. our perfect spot is calling. our perfect spot is pure michigan. your trip begins at michigan.org. >> gretchen: we weapon you're having a great wednesday. june 30, 2010. thank you for sharing your time. new live pictures as hurricane alex is barreling towards shore. we are going to go live to the coast with how the storm could affect the oil spill now in the gulf. >> steve: meanwhile, general david petraeus has this to say about the withdrawal date for the war if afghanistan. >> the commitment to afghanistan is necessarily, therefore, an enduring one and neither the taliban nor afghan and pakinstani partners should doubt that. >> steve: enduring one. well, not everybody is on the same page with the general. why the confusion? we're going to report and you are going to decide. >> brian: president bill clinton goes head to head with president obama. the controversial move that some say is disloyal to our commander in chief could divide the party. "fox & friends" starts right now. #. >> i'm glenn campbell and you're watching "fox & friends." >> gretchen: first we had dolly and now glenn campbell. in a couple of seconds we'll have is a live report out of the hurricane area as alex bares down. but first a fox news alert. you're looking at new video out of afghanistan where just hours ago, gunmen set off a car bomb and fired rocket propelled grenades autopsy with the biggest nato bases in afghanistan. it was a brazen attack and it's being claimed by the taliban. nato says two security force members were hurt. nato and afghan forces were able to fight off a number of insurgents before they could make it on a base. before that, eric holder made a surprise visit to afghanistan and met with officials to talk about improving the justice system and fighting corruption there. we're following another fox news alert because while you were sleeping, residents in mexico city were awakened by a powerful 6.5 earthquake. the epicenter was near oaxaca. one employee said she was working when the building and her computer started rattling. there were no reports of casualties or major damage. one hour from now, elena kagan back in the hot seat again today. the senate judiciary committee gets back to asking her the tough questions. yesterday she faced off against senator jeff sessions over her decision to limit the military's ability to recruit at harvard law school. kagan says she was trying to comply with the school's anti--discrimination policy. later despite the serious nature, kagan managed to -- when asked about the christmas day bomber. >> why were you at on christmas? [ laughter ] you know, like all jews, i was probably at a chinese restaurant. >> great answer. >> since kagan, the current solicitor general has no judicial records, many senators have been focusing on her actions as dean of harvard law. it's like out of a movie, spies from russia living right here in the u.s. 11 people arrested accused of spying for the russian government. they spent decades living as ordinary citizens in the suburbs. earlier, an f.b.i. expert gave us his take on the spies. >> sorry excuse for spies. it's great that the f.b.i. got on to them, tried to find out what they were up to, but in the end, the fact that they were only charged with failing to register as foreign agents, which carries 20 years maximum, shows you these really were not grand spies. >> gretchen: turns out president obama knew about the alleged russian ring and was briefed on the investigation a number of times before he took russian president medvedev to a burger joint last week. >> steve: a hell burger at that. >> gretchen: i don't know if i can keep those kind of secrets. just kidding. >> steve: pass the ketchup and by the way, we have spies in yonkers! what is up with you? >> brian: what's going on? what does he know? why is he telling me know. four minutes after the top of the hour. let's talk about what general petraeus had to do. we saw a little of what could be the next supreme court justice, kagan, testifying yesterday. there is more drama and that was general petraeus finding out if he'll get the okay to go to afghanistan and win the war. one of the common questions was about this july 2011 withdrawal date. is it hard and fast like the chief of staff rahm emanuel says and vice president biden says? mark it down, write it down, or is that just a marker where we'll revisit and is that something where we're not goingly leave and turn the lights out behind us? here is the question and here is the myriad of answers. >> that july 2011 date imparts a necessary sense of urgency to afghan leaders about the need to take on principle responsibility for their country's security. we saw in iraq the importance of setting dates as a way of spurring action. >> i would argue it's having the opposite effect. it's causing afghan leaders to hedge their bets on us. this is not only making the war harder, it's making the war longer. >> it is important to note the president's reminder in recent days that july 2011 will mark the beginning of a process. not the date when the u.s. heads for the exits and turns out the lights. as he explained this past sunday, in fact, we'll need to provide assistance to afghanistan for a long time to come. >> it depends on who you seem to be talking to 'cause a lot of liberal people in this country are being told directly and indirectly, we're getting out beginning july 2011 and somebody needs to get it straight without doubt what the hell we're going to do come july. >> steve: i think part of it depends on which end of pennsylvania you sit on. if you're at 1600 pennsylvania avenue, you would like to see things wrap up as quickly as possible because this is not only an expensive war in many, many different ways, but also it is a political hot potato. you got republicans down there saying, wait a minute. we're not leaving until we got this thing wrapped up, right? in his answer, mr. petraeus, the general yesterday, said essentially think of next year as the transition time when we start to get out and we hand over the keys to the country to the afghans. >> gretchen: petraeus said this, i'm convinced the time line is not just for domestic political purposes. many would argue that time line is to please people on the left and that's why people like rahm emanuel and joe biden keep saying it. but here is an editorial snippet that really caught my eye this morning. this is not a matter of cementics. the expectation of retreat has taken on a life of its spoken it's changing the dynamics of the war. and i believe that that is true because with so much talk about this time line, can you really be fighting the war in the correct way and do the troops feel like they have 100% support? >> brian: the answer is no, they don't and the taliban certainly knows when we're going to leave and can't wait for the day. let's talk about the rules of engagement. jot this down, they'll change. it will be artillery, air cover. they're never going to tell us the specifics and that's great. but the bottom line is, the general hears the word from the military that the current situation cannot stand. listen. >> i am keenly aware of concerns by some of our troopers on the ground about the application of our rules of engagement and the tactical directive. they should know that i will look very hard at this issue. >> brian: trust your lieutenants and captains to make the decisions in the field like they've done for ten years. >> steve: so he breathes through confirmation by the committee yesterday. the senate could take it up as early as noon. meanwhile, in another hearing room, there was elena kagan. we saw her just a little bit ago talk being what she was doing on christmas. and in another room you had -- there is al franken, we should probably be quiet because the comedian turned senator is actually, it appears, falls asleep during an important testimony. >> gretchen: it's important if you're the senator. i guess if you're watching, i'm not going to give al franken a break here, but it can be a little boring. let's say. >> steve: he's not a lawyer and he's sitting on the judiciary committee! >> gretchen: i know. i'm just saying a lot of it is pontificating by congress waiting to hear themselves talk. i'm still not going to give him a break. not only was he sleeping, he's an artist. check out these doodles that al franken was doing. pretty good depiction. >> brian: fantastic. wonder if he gets it for a price. if you want an original al franken. >> steve: when he's done, with skills like that with his job, he could work in times square where when you come to new york city, you will discover that people will sketch your picture with charcoal for i think $25. some of them look pretty good. al could get a job on times square. >> brian: okay. there is injure senator from minnesota. >> gretchen: let's move to one of my favorite stories of the day. i love the mystery behind politics and it's getting more mysterious with bill clinton, the former president, now deciding to endorse one of the guys running for senate in colorado. the other guy that obama did not endorse. this is also the same guy that claims the obama administration offered him a job in washington so that he would not run against inwomen dent michael bennett. now bill clinton coming out and endorsing the other guy. could this be sort of setting the stage for hillary 2012? what does dick morris think? >> the clintons never do anything like this without coordinating it and without having a reason. i think what you're watching here is hillary not in the on deck circle yet, but kind of grab ago bat in the dugout and loosening up in case obama falls apart in the midterm elections and his popularity crashes. >> brian: also, the secretary of state is probably not going to go the whole four years. not many people do. she might be available to do something and keep in mind, bill clinton in his press conference from south africa with the world cup, he said oh, yeah, i wouldn't be into blaming everybody. i would be into plugging the hole and offer some suggestions to plug the hole. was that a little bit of a taunt at the current president? >> steve: when you look at his suggestion, which is to blow it up, which flies in the face of exactly the way the administration and bp are going at it right now, you got to wonder. you ultimately a lot of people are saying look, the reason why he's supporting romanov is because romanov supported hillary and that's why the former president is in his corner. if it's loyalty, you got to admire that. >> gretchen: all right. they have barely cashed their relief checks from bp and the tax man is already knocking on their door. the congressman fighting to keep the government at bay and protect the victims, here live next. >> brian: then should a christian group be forced to let devil worshipers join? the supreme court says yes. come on in, devil. the man you're about to meet says no way. how he's fighting back. >> steve: and we thought the match would never end. but after an 11-hour battle, john eisner claimed victory. brian takes on the tennis pro, the marathon man in the next couple of minutes, live from our plaza. >> brian: we'll play right 'til o'reilley tonight at 8:00 o'clock. hurricane alex, you can see right there, it is heading toward the coast. it's heading for mexico as well. that appears to be a bit of good news for those dealing with gulf coast residents who have been waiting for weeks forlaims from bp up along louisiana and also mississippi, alabama, and florida. now word that some people are getting their checks, the irs is already knocking on their doors looking to collect. the irs, great. the next guest is trying to pass a law that sends the irs packing. joining us right now is louisiana congressman charlie melason. good morning to you. >> good morning. >> steve: okay. it's great to have you. congressman, let me get this straight, so the irs sees the bp is going to be making payments to people whose livelihoods currently are destroyed for all practical purposes. >> all interprets and purposes. >> steve: now the irs wants their cut of the dough. right? >> big brother says give me my share and this bill that i've introduced you says no, you don't get any part of this. we're trying to make it so these people that are damaged and not knowing what the future holds for them, will have every dollar available for them for themselves and their use until such time as we know or they know where they're going to be. >> steve: okay. so you're proposing legislation that would effectively exempt people who receive some sort of a payout from bp from paying the irs? >> exactly. there is a $20 billion fund, as we've heard about, that will go towards mr. feinberg will be responsible for settling claims and any of that money that goes to these people will be in this bill, will be tax exempt. now, some people say, well, why? because these people are getting ready to not have anything at the rate this is going. so to give them every dollar they need, until such time as they figure out what the future holds for them. that's the dilemma. no one knows what the future holds for them. it's not finite in any way, shape, or form. >> steve: well, if the legislation doesn't go, your legislation doesn't go through, you could always insist that bp give them an additional amount that would cover their taxes. >> well, we could ask the administration to ask bp in their next deal to do that, but at the same time, based upon what i'm seeing and what i believe is out there, when you combine the moratorium, if that, in fact, goes into effect, along with the disaster-related economic impact, there is not going to be a whole lot of money hanging around anywhere, so making every dollar go as far as it can is going to be the necessary thing to do here. >> steve: congressman, the irs just never let's you down, does it? >> yeah, i'm like most people in this country, when i write my check to pay my taxes at the end of the year, i'm not a happy person. but i do it and my wife gets out of the house during that period. >> steve: sure. i understand. and look for many people who are collecting unemployment right now, even though they're out of work, they get unemployment, what happens? for a lot of the dough, you got to pay the irs as well. >> yeah. and the frustration here and with an economy that's down, in south louisiana, remember the '80, we had a down economy because the gas industry was down and out and there was bankruptcies and people laid off. so now with this, it's a manmade disaster. we've got to help these people as much as we can. >> steve: all right. congressman, we thank you very much for joining us live. >> thank you. >> steve: meanwhile, at least those dealing with oil spill also now get a break from hurricane alex. it's 220 miles southeast of brownsville, texas. andrea watkins from our affiliate in galveston is live down there right now where it is blowing, isn't it? >> it is. steve, we're all the way up here in galveston. we're 400 miles north of where this storm is coming to shore. and i'm telling you, we almost have tropical storm force winds here, gusts of easily up to 35 miles an hour and in the past half hour, the wind gusts have gotten much stronger. take a look at the surf. this is upper texas coast and this is what it looks like right now. in an hour, we're going to hit the high tide and high tides here are expected to be three to four feet above normal. i was just talking to one of the guys who works at one of the fishing piers here and he came by and said, they just shut down the pier. it's too dangerous for us to be working out here and i don't think galveston expected it. but they needed to be batting down the hatches today. the wind and the possible flooding for some of the people in the low lying areas is nothing that they can ignore at this point. and we're getting more than we bargained for on this huge, huge storm. let's go back to you. >> steve: thank you very much for that live report. people just going to be watching to make sure those little tar balls don't start rolling up on shore. thank you very much. straight ahead, should a christian group be forced to let devil worshipers join? the supreme court says yes. let the devil in. up next, the guy who says absolutely not, how he's fighting back. and move over, chitty chitty bang, bang. the plane that doubles as a car, just getting a green light from the faa. i want one. >> gretchen: welcome back. earlier this week, the supreme court ruled a california law school could ban the christian legal society from its campus because that group banned gays. but an attorney for the cls claims the fight isn't over yet. joining me now, greg baylor, attorney for the christian legal society to discuss the case. good morning to you. >> good morning. >> gretchen: it's all fascinating because the supreme court issues this ruling and people think, the whole thing is done. but it's not the case, right, it's been remanded back down to a federal court? >> that's exactly right. the constitutional conflict on campus continues. this case is not over. the majority opinion of the supreme court remanded the case, in other words, they sent the case back down to the lower court, for consideration of cls's argument, christian legal system's argument, that this unique and novel policy that hastings college of the law has, was not applied consistently. in other words, it was selectively applied to christian legal society. other groups like laraza and hastings democratic caucus were permit to do deny leadership positions to people who didn't share their views on the message of the organization. cls believes that it was subjectably and selectively subject to do this policy. >> gretchen: the whole argument centers on is that some believe, at least in the supreme court ruling, they believe that organizations on a school campus should involve everyone, even though it's a specific organization, like a christian organization, that anyone should be able to join, right? >> yeah. i think this is a really absurd policy. think about this. imagine the black law students association, they're faced with a white supremacist who wants to be the leader of the organization and the supreme court has said that that group must allow the white supremacist to be a leader of its organization if the black law students association wants to be recognized. imagine the jewish law students, same problem. >> gretchen: what's the point of having specialized organizations then? >> well, i think that's a great question. it shows the absurdity of hastings' policy, which says that a cls chapter must have an atheist lead its bible study. the whole point of the christian legal society is to organize around christian ideas. everyone is welcome to attend, but not everyone should be a leader. >> gretchen: it's very interesting debate. greg, the attorney for the christian legal society. thanks for bringing us up to date. >> thank you. >> gretchen: talk about a national disgrace. we told you about more than 200 grades at arlington national cemetery unmarked. now the government getting involved. we'll tell you exactly what they are doing. and from the disaster in the gulf to big spending in washington, the american people not so pleased with the president's handling of it all. his newest job approval rating, we're going to have the new numbers when we return. and it took more than 11 hours, but john izner finally won the epic battle at wimbledon and a spot in the record book. brian will take on the tennis champ. oh, oh, brian. does he have any idea how good you are? >> brian: no, he doesn't. he's in for it. sorry. is they are >> brian: your shot of the morning looks like this. if you thought flying cars was for the jetsons, think again. the future, it's right here. flying cars have been approved by the faa, finally. the car made by tarafusia is a street legal car that turns into an airplane. it's classified as a light sport aircraft. all you need is 20 hours of flying, flying time to get a license, and $194,000. >> steve: that is so cool, you could actually fly to the drive in. >> brian: yeah. >> gretchen: but only 20 hours before you can take that thing up? it sounds like a little too few hours to become an expert on that thing. >> steve: if you're in a hurry to fly, take a look. >> brian: is this really happening? >> steve: yeah. >> gretchen: it's kind of like the jet pack for you. >> brian: i know. i thought they had the jet pack first and then they'd work on this. we told them five years ago to finish up the jet pack. >> gretchen: and they did and you can jump one foot on it. it was really incredible. >> steve: for 75,000 bucks. let's take a look, ladies and gentlemen. the very latest from rasmussen polling data. look at this, do you approve or disapprove of barak obama's performance as president. right now 40% of you strongly disapprove. just 28 strongly approve, which the way rasmussen figures it, it's a minus 12%, which is not good for the guys in the white house. >> brian: i saw a poll that despite all he's going through, the unpopular health care reform, he's 49% approval, which is staggering to think all this could be going on and being he's up that high. >> steve: in the same poll, rasmussen asked about afghanistan, interestingly enough, 25% of you want troops to come home immediately. 25%. 28% favor sending more troops. so it's really close. >> brian: people need to see hope and success. >> gretchen: in a couple of hours, president obama is going to head to racine, wisconsin. it's part of his summer of recovery tour. he's going to hold a town hall meeting there focusing on the city's suffering economy. wendell goler is at the white house for us with more on the president's trip. unemployment will be a hot topic. it's over 14% in racine, isn't it? >> racine has really been battered by the recession. the informing city, as you say, a jobless rate of more than 14%. the city's mayor says stimulus money is actually lowered that unemployment rate from 17% when he took office about a year ago. he will be happy to see the president. but wisconsin republicans have a different time frame in mind. they say the unemployment rate is actually about twice as much as it was when president obama was elected and the state party chairman says mr. obama will be greeted with despair and disgust. just a couple of days after leaders at the g-20 summit, some of them rejected the president's call for more stimulus spending, racine shows his concern, a local company could lose a $600 million deal to build a power plant in india. that would cost several hundred jobs in racine, wisconsin. the president says he is concerned the global recovery is still fragile, we could slip back into a second recession. in a meeting with bernanke yesterday, the president says he's also worried that a record number of people have been out of work for more than six months. a bit of what he had to say. >> the thing that i think both of us emphasize was that if we can make sure that we continue to do the things that we're doing, deal with folks who need help, so passing unemployment insurance, for example, making sure that we are working to get credit flow to go small businesses that are still having some difficulties in the credit markets, strengthening consumer confidence, then we think that things will be good. >> a record number of people have been out of work or more. a local tea party group plans to protest outside the town hall meeting today, hopes to get to ask questions inside. the unemployed sales manager who organized the group wants to ask the president why he's focused on health care and financial regulatory reform instead of, in her words, focusing on the economy. the white house says both of those issues are central to avoiding another economic collapse. gretchen? >> gretchen: wendell goler, thanks very much. >> steve: meanwhile, in less than an hour, markets, the stock markets will open in the u.s. and traders are hoping it's going to be a better day than yesterday. man, did things tumble. stock futures now are flat. meanwhile, the nyse with the dow down below 10,000 after falling nearly 270 points yesterday. the s & p index fell about 33 points. the lowest close in eight months. more bad news expected day after tomorrow, friday, when the monthly unemployment numbers come out. they are expected to go up. >> gretchen: the hunt is on for a cop killer this morning wanted for gunning down two police officers during a routine traffic stop. the suspect convicted felon, dante morris, was sitting in the passenger seat when it was pulled over by two officers for not having a visible license. that's when cops say he shot the officers. they had the suspected driver, courtney branly, in custody, but she has been released. friends of the officers are devastated by the loss. >> my best friend. we were all together, we sweat together, we bleed together. >> gretchen: curtis leaves behind four young sons and kocab's wife is nine months pregnant. what a horrible story. >> steve: wrong headstones on tombs, coffins buried in shallow graves and bodies placed one on top of the other. in less than two hours, the house armed services committee wants to find out what's been done at arlington national cemetery since those disturbing details i just mentioned were uncovered. the mismanagement, secretary and arm inspector general. >> gretchen: dolly parton is celebrating the anniversary of dollywood. she's taking her musical 9:00 o'clock to 5:00 o'clock on the road for a national tour and joins us for the first time ever. not on the show, but on the curvy couch. >> i've been lucky and i was glad that my gut feeling all that time, it was something i wanted to do, to bring honor to my place, my home, to my family, and it provides a lot of jobs not just for neighbors and friends around there, but to my own family. >> gretchen: dolly's special airs july 3 on the hallmark channel. i think she employs 3500? >> steve: she's the biggest employer in her county. all right, here we go again, extreme weather. let's take a look at hurricane alex bearing down on the mexican coast. right now maximum sustained winds of 80 miles per hour is a category 1. we've got another map that's going to show you the track of the storm. we are estimating that it will make landfall probably early thursday at about 100 miles per hour. 2:00 a.m. thursday and then as it gets over land, it will start sputtering out and it will be a big rain maker for the folks out there in mexico. all right. from mexico to great britain, that's what brian kilmeade is talking about. >> brian: he's known as the wimbledon marathon man. that was last week. joneses they are will play the shortest match ever. welcome. i didn't know you were 6' 10. wow. >> one of the tallest guys on tour. >> gretchen: at 25 years old, everyone knew you had tremendous potential out of college. but tell me about this match against this frenchman that just would not end. how do you explain it? >> it really was ridiculous. the only tournament it could happen at is wimbledon. >> brian: why? >> because of the surface. great serving, we were both doing. even when we were both exhausted, we were both hitting aces. it was crazy. we were kind of saving up our energy for our service games. we didn't want to make a mistake 'cause if you did, it was pretty much over. >> gretchen: then the score board couldn't keep up, this went over three days, 11 hours. thanks to the quick start program, i'll have an opportunity to see if i can find any holes in your game, especially against french people. what has that done for you and the rest of the world? they've noticed your game now. >> yeah. i didn't really realize how big of a deal it was until i got back in the locker room that first night. a couple people and some friends told me that it really was just -- the whole country here was captivated by the story. >> brian: even with the world cup going on, we're talking about john is they are. winning the u.s. open helps. >> every tennis player's goal is to win a grand slam. i think the u.s. open is my best surface. the fast hard court. obviously it's one of my -- >> brian: i feel bad about that. >> it's one of my favorite tournaments. the atmosphere in new york is second to none. >> brian: here is the thing, john, you won that match. but then you get to play the next match the next day. what did it feel like for you physically? >> i was spent. obviously it was really cool to win that match but at the same time, i went out in the second round. that's not what i want to do. i want to advance as far as i possibly can. the goal is to get to the second week of the grand slam. that wasn't the case. you got to try to be as economical as possible and grand slams, you're playing three out of five. i went the complete opposite. >> brian: what has playing with me done for your game? >> i don't really know. i don't know if i can draw much confidence on this. although you are coming to the net. >> brian: i can beat him! i beat him in less than 11 hours. fantastic. i hope we hear a lot more from you. congratulations on everything. rest. job well done. i'm predicting u.s. open victory. >> that would be nice. >> brian: at that time when you get the trophy, special thanks to "fox & friends"? >> yes. >> brian: let's keep playing. tell us what's coming up in the final half hour. >> gretchen: great program. my kids dot quick start thing. it's great way to learn. that's a little shorter. coming up on our show, an amazing story. a police officer shot, paralyzed for the rest of his life. but now his son hopes to live his father's dream by also becoming a police officer. the son is joining the nypd. the son, his dad, and mom all here live with peter johnson, jr. next. >> 24 years ago, a detective was shot and paralyzed by a 15-year-old boy during the line of duty. his story captured the nation when he not only fought to survive, but he also, listen to this, publicly forgave and later even counseled the boy who tried to kill him. what's more, his wife was pregnant at the time with their son, conner. now conner mcdonald seeks to follow his calling by joining the nypd like his father, his grandfather, and his great grandfather before him in becoming one of new york's finest. joining us this morning, detective steven mcdonald, his wife, patty ann, and their son, conner. they're here with this inspiring story. good morning, dear friends. >> good morning. >> conner, you've decided after graduating boston college and serving the underserved children in denver to become a new york city police officer. why? >> i love the city. i want to protect it and i want to be one of 1250 cadets in the academy. i know we all have the passion, desire to protect the citizens much new york city. >> what about your father's example led to you do this? i'm sure it was a difficult decision, considering the fact that your father was almost killed in the line of duty, received the medal of honor as a living police officer, and stands for so much. why? tough decision? >> it was. since july 12, 1986, my father has never regretted that day. he loves his job and i love his passion for it and it's always inspired me to do great things and that's why i want to become a new york city police officer. >> steven, you've become an exemplar in forgiveness. you forgave a young african-american boy who shot new a difficult time in new york city and brought this city together in the remarkable way. you're a hero in this city. what are your feelings as conner decides to enter the police academy here in in manhattan? i know proud, but what else? >> he's very fortunate to have someone like conner to remember this great department. the men and women he'll work with. i'm very proud, but i am also concerned that he will be safe during this time. >> god willing. patty ann, who has gone on to become the mayor of long island, a loving partner and a great mother to conner. this has to have caused you some concern in terms of your son making this decision in terms of going forward with his life considering what you've endured and what you've overcome in the last 25 years. >> well, when conner was born, when he was stating in the beginning about steven's forgiveness and people at that time asked what would you do, what would you say to conner if he said, mom, i want to be a police officer, i mean, obviously concerned. but i'm very proud of conner and it's his decision and i support him and he has the support of steven and so many officers that he's grown up around in the past 23 years. i think conner has put a lot of thought into his decision and i feel confident that he's going to do a good job and there are a lot of guardian angels that will be looking out for him. father michael, cardinal o'connor. >> father michael judge who was killed in 9-11 and became a godfather to your entire family and to mine. he's serving as an inspiration to you as you go forward, conner? >> i know i pray to him daily and i know that i can feel his presence and i know that he's proud of me up there. >> and i know how excited you are to become one of new york's finest. >> i'm looking forward to joining all the guys out there and women, too. i hope i make everyone proud. >> it's a tradition, you make us all proud and you make this country proud. you're an example to this whole family of courage and compassion and forgiveness and in the end, hope. god bless you all. steve, gretchen? >> steve: all right. peter and patty ann and conner and steven, it's great. >> gretchen: great story. you remember the puggle, a new breed of dog? the american kennel club is ready to introduce even more new breeds, three of them, they're live with us next. >> steve: first let's check in with martha mccallum for a preview of what happens in 11 minutes. >> here is a question for everybody at home. why would bill clinton be pulling off a sort of curious move that goes against the obama administration? that is raising new questions about hillary in 2012. also billy hayes joins us, imprisoned in turkey, he's here with us today when we join you at the top of the hour. >> gretchen: attention, all dog lovers. the american kennel club welcomes three new breeds, increasing the number to its registry. up to 167. >> steve: good. maybe finally we can win. ali is a peterson is the pokesman for the american kennel club and you're presenting, who is this and what is it? >> this is grok, a three-year-old italian mastiff breed. ancient breed from italy. >> brian: why did it emerge just now, 'cause this looks like a pit bull that ate a lot. >> no. this is an italian mastiff breed and all the breeds you'll see today are ancient breeds that are new to america. >> gretchen: if you want this dog, you want to have a big dog, 'cause the males get up to 110 pounds. >> about 110 pounds. as of today, they can go into the event. >> brian: we are a melting pot. >> steve: here is dog number dos. >> this is faulky, icelandic sheep dog. this is iceland's only native dog. the vikings brought this dog. >> gretchen: good job, gretchen. >> they're very playful and energetic and they herd sheep, cattle and horses. >> brian: that big? >> absolutely. they're a great working dog and very adaptive to iceland and helped the people there survive many years ago. >> gretchen: it's funny to have the sheep dog, you would think of a bigger dog. >> right, but it herds sheep. >> gretchen: now the third one is a leon burger. >> brian: you have a before and after. >> this is before and after. >> gretchen: the pup doesn't want to come out. >> brian: now he does. >> this here is puffy. 11 weeks old. >> brian: what are the characteristics of this dog? >> alainburger. they are calm and affectionate and gentle and sweet. they make an excellent family companion. they are called the nanny dog because they love children. >> steve: i love that color. it looks like a tan dog got stuck in a chimney with its face. >> brian: and this is the grownup version. >> he's only a year old. he's kind of a puppy, too. they can grow up to 150 pounds. but their temperment is so excellent, you want to hug them and have them around the house. >> gretchen: the important thing about making them official, is that now they can compete, right? >> that's right. people of these breeds wanted to have fun with their dogs and go to akc shows and now they're recognized and can come join the fun. >> brian: they're not new to the world, they're new to us? >> that's right. they come from germany, nearly extinct after world war one. >> he's like, why is that man wearing make-up? >> gretchen: lisa thank you for the introduction. >> you can learn more about them. >> steve: can we get somebody to get a lint roller in here for mr. kilmeade? this guy destroyed this. >> gretchen: your wife is very nervous right now. don't worry. >> gretchen: we'll be right back two minutes from now with more with the pups >> gretchen: right on cue. >> steve: sit. we're going to continue the conversation about these brand-new dogs to the american kennel club in our after the show show. log on right now and we will wonder how long the dog will bark. >> brian: we know tomorrow coming up, we know we have john tesh and john stossel separately. we have at least three other people named john on the show. >> gretchen: we'll see if we can fulfill that wish for you, brian. we hope you have a great wednesday. log on for our after the show show, which starts in about seven seconds from now. have a great day, everyone. >> steve: off we go to america's news room. here is bll

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