>> this morning, niki haley with her response live. "fox & friends" starts right now. >> ♪ we all got a hillbilly bone down deep inside ♪ ♪ no matter where you're going you just can't hide it ♪ ♪ when the band starts playing and the fiddle saw ♪ ♪ you can't help but hollering yee-ha! ♪ >> nothing like a hillbilly bone in the morning. i'm speaking about steaks on the bones. eight chefs, we'll have a grill off and there's a new cologne and new perfume on us this morning and it's called grill. >> smokey! >> i feel like we've been doused in it because this wonderful smell has been coming through the entire fox studios for the entire morning. >> yep. >> i understand that real coals are key to a successful barbecue. no offense to the gas grills and the electric grills. >> that's right. and brian, the key is to know exactly when to put your meat on the grill. when the briquettes is the right color. we have eight of america's best chefs with us today. someone will walk away with a trophy as you all prepare for your big weekend grilling and chilling for memorial day. >> let's get you up to speed with some headlines this morning. we begin with a developing story and this fox news alert. two foreign aid workers abducted overnight in afghanistan. one is american and the other british. also abducted, three colleagues from afghanistan. we hear the group was traveling to a health clinic where seven gunmen kidnapped them. a plane diverted to the state of maine after a woman claimed she had a bomb planted inside of her. shfs -- she was a french citizen. two f-15 fighters escorted the plane until it landed. >> there were several calls for doctors for about two hours into the flight and apparently, we heard later the doctors were checking to see if she had scars on her from recent surgeries. >> she didn't feel well at all on the flight so they kept moving her around on the plane and she finally -- they took her on the back and she stayed in back and next thing we knew, we were landing in bangor. >> the woman was traveling alone on the international flight with no luggage. it was a clean sweep for mitt romney last night and he picked up bragging rights as well. want only won the primaries in arkansas and kentucky he outperformed president obama in both states. in arkansas, romney grabbed 68%, the president 58%. coming in second to president obama, though, in arkansas, john wilkes jr., a lawyer on the ballot from tennessee. he got over 40% of the vote. romney less than 100 delegates away from that magic number, 1144. right now, he has 1,065. he's one of the top contenders getting tossed around as a potential running mate to mitt romney. last night at the reagan presidential library, it was paul ryan's turn to play coy when asked whether he would say yes to romney. >> you know, that decision is months away and that's a conversation i need to have with my wife before i have it all with you. you know? >> fair enough. >> i like what i'm doing. don't underestimated how important congress is. >> congressman ryan praised the presumptive nominee saying he will defeat president obama and according to ryan save the country. >> that will help his resume for the number two spot. in kentucky, didn't uncommitted get 4 out of every 10 votes. that's incredible between that, west virginia and arkansas, there's some problems. >> not a rousing endorsement for the president of the united states. meanwhile, you know over the last couple of weeks, we've heard the democrats beating the drum, the president -- rather, the former governor of massachusetts's experience running bain capital. bain bad, yesterday joe biden ratcheted it up at keane state university in keane, new hampshire. listen to what he said about plumbers. >> your job as president is to promote the common good. that doesn't mean the private equity guys are bad guys. they're not! but that no more qualifies you to be president than being a plumber! it doesn't -- and by the way, there are a lot of awful smart plumbers. >> so i think that was not in the teleprompter. to talk about plumbers because why would you go back to joe the plumber who by the way is really upset that there was that accusation that plumbers couldn't be president. keep in mind, joe the plumber is what started this whole class warfare discussion before the 2008 election. >> by the way, count three more people on board with republicans who don't believe that attacking bain capital and the essence of their business of private equity is smart. ed rendell who used to run the d.n.c., the celtics owner jonathan levine who gave $200,000 to the obama campaign and was on one of the bain capital investment boards, he was -- and there was an ad ripping what bain capital did with ampad, this guy was on the board and i assume a supporter and senator mark warner, democrat from virginia thinks bain capital was a successful base and got a good return for investors. that's what they're supposed to do. that's a lot of people who think the whole premise of the argument is wrong. >> and the former venture capitalist himself, senator warner might know a thing or two about how private equity works. this is an attack basically on what we have deemed success in this country. and mitch mcconnell yesterday really pointed that out. he said the whole notion of earned success and capitalism "seems to be under attack" by this administration. so isn't it the effort of any business to try to do the best job it can and make the most money it can? forget private equity. isn't that how business works in general? >> i'll tell you what, we know for sure the number one reason that somebody is going to vote for somebody for president in november will be the economy. which of the two men, will it be obama or romney most qualified to get us out of this ditch as mitt romney's campaign referred to yesterday. when you look at mitt romney, sure he ran bain capital but also ran the state of massachusetts. he also ran the olympics. what did the president of the united states do before he was president? well, he was a state senator. he was senator for -- u.s. senator for 100 some odd days before he started his presidential campaign. he was a law lecturer and he was also, you know, a community organizer. >> one thing the president said yesterday that qualified jay tapper of abc to ask this question is the president came out and said what i'm trying to tell you people is not that private equity is bad, your goal is to maximize return for investors. that's different from being president. well, i don't think that mitt romney was solely running on that. that led to jay tapper asking this question to jay carney. >> his record as community organizer and not as president. why are you saying that he would run things -- >> because the former governor himself has said as much. he's not running that i can tell on his record or that you can because he hasn't on his record in massachusetts. he's running as a businessman who can do for america what he did in private equity and that, i think -- i think americans would expect that that credential deserves some scrutiny. >> the interesting thing is you can see where this strategy came from. this came from the republican primary when newt gingrich and rick perry criticized mitt romney for this type of thing a couple of months ago. and during that time, remember, we were saying, oh, my gosh, this is going to be exactly what the president will pick up on if mitt romney is the nominee. but it's interesting to see how it's developed now and how people within the democratic party seem to be defense this line of thinking. wait to see how this transforms over the next seven days or so. it keep changing. >> wall street cites a double standard, they go back to jimmy carter who took over the family farm and they said he turned the whole thing around himself and the headline in a major magazine was "jimmy carter hailed as a businessman" it will be a potent factor if he is to get the nomination so his business experience hailed then as a democrat, now they're trying to make it a negative to a republican. but last night, a developing story to share with you. the united states could be on the verge of another recession and could fall off a "fiscal cliff." joining us from washington with details, peter doocy. peter? >> and brian, the congressional budget office says that the united states is heading toward that fiscal cliff and is going to fall off it on january 1st if the bush era tax cuts are allowed to expire and if some automatic spending cuts kick in that were scheduled for the end of this year back when lawmakers on that congressional super committee couldn't make a deal on what they wanted to cut so their punishment to themselves was to establish steep over a trillion dollar automatic cuts to things that are tough and controversial like some defense and domestic programs and the first $100 billion or so would be cut next year, all combined, the cbo says these things would make the economy shrink by 1.3% in the first half of next year and that, they say, adds up to a recession and senate majority leader harry reid says "we could avoid this so-called fiscal cliff tomorrow if republicans would agree to extend the middle class tax cuts which would provide certainty to millions of families and give us ample time to deal with the other challenges facing congress at the end of the year." but the cbo says that after the 1.3% contraction, the economy would rebound 2.3% in the second half of 2013 and republicans are scoffing at the idea that they are the party trying to raise taxes especially in an election year where their presumed candidate mitt romney is pitching tax reform as part of his platform. >> we're going to try every way we can to make sure taxes don't go up on anybody. don't go up on working families. don't go up on small businesses. we got to make sure we're doing everything we can instead to grow jobs and get this economy back on track. >> last night at the reagan library out in california, the republican house budget chair paul ryan says he thinks voters in november are going to elect republicans and give them a mandate to aggressively fix the nation's financial system. back to you in new york. >> all right, peter, thank you very much. >> all right. 12 minutes after the top of the hour on this wednesday morning. they've faked disability claims in a massive $1 billion scam and now they may be able to keep the money and avoid being prosecuted. that crazy story coming up straight ahead. >> then $20 million of your money to sell obamacare? the white house shelling out big bucks to a big p.r. firm. stuart varney next. 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[ meow ] [ male announcer ] another example of volkswagen quality. that's the power of german engineering. right now lease the 2012 jetta for $159 a month. >> the white house now using all means necessary to sell the president's controversial health care law to the public including $20 million of our tax dollars for a contract with a high profile p.r. firm. stuart varney, this is kind of strange. it's a lot of money but not unprecedented especially considering in a couple of weeks we'll find out if there's an obamacare to sell. >> within five weeks, we'll find out if the supreme court allows the mandate or not so a big decision is coming then but in advance of this, all of this money is going to be spent promoting obamacare. they're doing two things. as you point out, they're paying $20 million to a p.r. firm to get the message out about the benefits of obamacare. eat right, exercise, obamacare looks after you. you could say that's using taxpayer money to buy some votes, promoting obamacare. >> campaigning. >> the other thing they're doing is they're telling colleges, tell your graduating students that they can stay on their parents' health insurance until they're 26. that's another benefit of obamacare. they're putting out letters to all the colleges saying hold meetings, talk it your students, tell them about the benefits of obamacare. again, you could say that that is buying votes. in both instances, the government will say wait a minute, we're promoting healthy living. that's good. and with the colleges, you could say you need it. we're providing it. that's an entitlement. go get it. >> sure. well, the last point about getting the colleges interested in aid until you're 26, you can float along on your parents' health care, they're trying to energize their base that got them over the hump last time. this time it's on our dime. >> yeah. so i pay -- actually, i don't pay. private insurance will pay for their health insurance. they don't have to pay for themselves and the obama team says look what we did for you. it's buying votes promoting obamacare which could be struck down within five weeks. >> so it was pointed out, too, in an earlier report on "fox & friends" first, they were able to relay to me the story that we did put -- that as a country, we put $100 million into selling the prescription drug plan and president bush was president at the time. >> fair point. >> but he was not running for re-election. he was explaining a plan that got passed. >> there is an election in 5 1/2 months and has president obama said anything about obamacare in the last few weeks? has he said -- has he referred to it at all? >> no, because it's not very popular. >> no, it is but it will be popular if you say look what i'm giving to you on my dime. look what you're getting. >> you bring up another good point, the iraq war wasn't the most popular thing in 2004 but president bush didn't run from it. if president obama is proud of obamacare which he sometimes says he is, he should be running on that even though only 39% of the people approve it, he could turn that around with his communications bill. >> it's another entitlement, isn't it? obamacare is essentially a form of entitlement. that's the way our country is going. do you approve of that? that's what this election is all about. >> at least admit that you did it. >> yes. >> please. >> ownership. >> he would love to have you watch his program. >> i would. >> it starts in three hours and let's see, 18 seconds from right now on fox business. >> very precise and very accurate. thank you, steve. >> thank you, stuart. so much for civility. a union leader on camera using governor niki haley has a pinata, really? >> wait until it comes around and whack her! >> niki haley firing back this morning, bring your own bat. >> whose birthday party was that? and cory booker not the only democrat to call out president obama for attacking mitt romney. a former pollster for president clinton joining the chorus. need any help? uh, nope. just, uh, checking out my ad. nice. but, y'know, with every door direct mail from the postal service, you'll find the customers that matter most: the ones in your neighborhood. print it yourself or find a local partner. and postage is under 15 cents. i wish i would have known that cause i really don't think i chose the best location. it's not so bad... i mean you got a deal... right? 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[ malennouncer ] the spark business card from capital one. choose unlimited rewards with double miles or 2% cash back on every purchase, every day! what's in your wallet? here's your invoice. >> some quick headlines now, just when it seemed like things couldn't get worse for facebook, they did, an investor suing the nasdaq group that hosts the stock. he claims the exchange operator was negligent in handling orders during the company's first day of trading causing losses for investors. a major $1 billion scam for pension benefits but now they may be able to keep the money and avoid being prosecuted. well, federal authorities saying over 1500 long island railroad retirees who admit wrongdoing before being arrested or investigated will be eligible to keep it. gretch? >> thanks, brian. cory booker, the mayor of newark, new jersey, may have been the first but he's certainly not the last. more and more democrats coming out against president obama's attacks on mitt romney in the private equity firm bain capital. the latest is former pennsylvania governor ed rendell. how will this affect the president's re-election campaign? we're joined by fox news contributor and author of the new book "hopelessly divided the new crisis in american politics." good to see you this morning. >> cory booker comes out and honestly says what he thinks and then in the same day, he went in the reverse, what happened? >> well, i believe the white house got to him and said mayor booker, if you want to work with us and you want our support going forward for higher office, you've got to walk back your comments. he did a video walking back his comments not entirely but pretty substantially. >> why does a politician in this day and age, in 2012, feel the need to do that? so he disagrees with one tenet of the campaign strategy for obama. >> well, we are polarized but more than polarized, the white house can say look, if you want to work with us, you have to be on our political program. and mayor booker who needs white house support in newark, an impoverished city, he had to toe the line or suffer the consequences. >> you have just win a book about how polarized we are, is this an example of it where you can't go out on a limb and still be held tight within the party. >> it is absolutely a case of that. mayor booker is saying something i think is right. it's how we grow the economy, how we grow jobs and create profits, he was told unless he put to a class warfare line which is the white house approach, he would suffer the consequences. >> so the president has clarified his thoughts the other day during a press conference. he said look, this is not a distraction. this is what we're going to do moving forward. with more and more democrats now coming out against that strategy, do you expect their campaign to morph into something different from these attacks or stick to it? >> i think they're going to stick to it. it's part of a larger narrative of class warfare and redistribution. i think they're going to stick to that, higher taxes on the rich but i don't think they're walking away from their view that private equity in a lot of instances represents vampire capitalism. >> isn't it about business in general? mitch mcconnell yesterday made the argument this is about success in the american dream. is it not the motivation of every business to maximize profits? >> gretchen, every business needs to maximize profits, create jobs, and try to grow an economy. we're a capitalist country. we're proud of it. that's not democratic or republican. that's the american way. and i think to attack it the way the obama administration is doing is just plain wrong. >> all right. so we add doug shone apparently to the list of democrats who are against this kind of strategy. thanks for getting up early. new information that a top u.s. official not only leaked top secret information about the bin laden raid for a movie but provided interviews from the navy seals. the t.s.a. about to get more of your taxpayer money. is it keeping us safe or a plain waste? first, happy birthday to jewel. she's 38 today. 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[ banker ] so we talked to them about the wells fargo priority buyer preapproval. it lets people know that you are a serious buyer because you've been credit-approved. we got everything in order so that we can move on the next place we found. which was clear on the other side of town. [ male announcer ] wells fargo. with you when you're ready to move. [ male announcer ] wells fargo. it doesn't look risky. i mean, phil, does this look risky to you? nancy? fred? no. well it is. in a high-risk area, there's a 1-in-4 chance homes like us will flood. i'm glad i got flood insurance. fred, you should look into it. i'm a risk-taker. [ female announcer ] only flood insurance covers floods. visit floodsmart.gov/risk to learn your risk. with nhl gamecenter premium on verizon 4g lte. it streams live playoff games and gives me on-demand replays and exclusive camera angles you can't get on tv. now, if you'll excuse me... shoot it ! call star-star-nhl to stream the stanley cup playoffs live on your smartphone. only from verizon. >> pioneer in the history of television pass add way this weekend. he invented the wireless remote control and died at the age of 96. eugene pauly is the reason we don't have to get up to change the channel anymore. he's the father of the remote control and type 2 diabetes. he created what was called the flashmatic remote. before that, if you wanted to change the channel, you had to scream at your wife in the kitchen. mr. pauly was buried today in the cushions of the couch but he had a long life and he died doing what he loved, not getting up. >> that guy changed everything when you think about it. >> right. you know what? in news, you prepare for that, the obituary, i'm wondering if he was so ready for this guy to pass away that he was just like ready with this. >> he had 20 zingers. >> let's get to some headlines for your morning now if you're just waking up. 32 minutes after the top of the hour. secret service director mark sullivan will be drilled by congress over the prostitution scandal rocking his agency. it will be the first time we hear from sullivan before the story broke. he's expected to testify that the agent's behavior did not result in any kind of security breach. meantime, four of those agents fighting to get their jobs back. they say they're being made into scapegoats for behavior that's long been tolerated at the agency. interesting. >> talk about a scare in the air. a planeful of passengers nearly hit by what they describe as a flare it seemed like fired into the sky. >> was there a flare being shot up at you? >> yeah. it was probably 50 feet off our right wing. looked like a flare gun. >> ok. wow. >> i heard somebody else describe it as what looked like a bottle rocket. the u.s. airways flight carrying 34 passengers from new york. he followed the flare followed by a trail of smoke when he was coming in for a landing at philly international airport. fortunately, the plane landed safely but the runway was shut down while police investigated. they say there was a report of someone firing a flare gun near the airport but so far, the gun and suspect not found but they're looking. >> all right, did the obama administration leak classified information on the raid that killed usama bin laden to hollywood filmmakers? judicial watch says yes. yes, and it has hundreds of defense department and c.i.a. documents that apparently prove it. according to those docs, filmmakers were given access to a navy seal captain, the planner and commander of seal team six. incredible. >> a south carolina union leader playing pinata with governor niki haley literally. take a look at this. donna dewitt beats a pinata that has governor haley's face on it in front of her colleagues at a retreat. you can hear them cheering her on. she has no regrets about the pinata smackdown saying it was in good fun. governor haley not laughing posting a video to her twitter account saying, wow, i wonder if the unions think this kind of thing will make people take them seriously. >> where did the civility go? >> what happened? >> what happened? it's an election year, have you heard? meanwhile, it's a rainy day in portions of the -- first, let's look at this new video being released exactly one year after a tornado ripped through joplin, missouri, this shows what a twister did to the inside of the emergency waiting room at st. john's mercy hospital. look at that. the tornado sweeping up everything in its sight and blowing it out. a new facility is currently being built one year later. meanwhile, now we'll go to the map, northern plains, wet. mid atlantic, wet. portions of new england, wet as well. the balance of the country is nice and dry although -- >> that's a meteorological term, just wet? >> it's very descriptive. temperatures already 64 in caribou, maine. we have 70's in texas and along the gulf coast. meanwhile, it looks like daytime highs today in the 80's and 90's southern half of the united states, 60's and 70's. all right, now, let's talk sports with mr. kilmeade. >> and a little bit of dancing. it could be a bad sign for the government in the rogers clemens perjury trial. jurors submitting questions for the key prosecution witness brian mcname, one asking why jurors should believe him if he's been inconsistent about steroid use. two jurors kicked out because it was so boring they fell asleep. clemens accused of lying to congress when he said he never took performance enhancing drugs. we'll see where that goes. in a few hours the future of the stadium that used to be one of the premier facilities in all the world, i'm talking about the astrodome in houston, it's been sitting on the sidelines as it crumbles filled with dirt, filled with mold. it hosted everything from elvis and the rolling stone concerts to the republican national convention in 1992. remember the mets beat the astros in that famed playoff game in 1996 and it also housed refugees after hurricane katrina in 2005. it hasn't hosted an event since 2008 and could cost up to $600 million to renovate. what will they do? what will they do? and finally, hard hitting sports. the judge has called it the most competitive season ever. on "dancing with the stars", that's what i'm referring to. but last night with yes, another superstar athlete in the finals, only one pair was crowned king and queen of the ballroom. >> the winners and new champions of "dancing with the stars" -- are donald and peta! >> green bay wide receiver donald driver elated to win the mirror trophy. adds that to his shelf. he beats out -- he did something to katherine jenkins he couldn't do to eli manning and that is win. he beat katherine jenkins and william levy to win the 14th season on the show. in great shape, a wonderful personality but does this take the place of a super bowl trophy? >> it's bigger. >> because, of course, the giants got them at home. >> maybe that hug from his dancing partner makes up for the super bowl trophy. did you see how she jumped into his arms? >> i would love to talk to any of the giants, would you prefer a hug or the lombardi trophy? >> prefer a woman jumping into your arms. >> the t.s.a. about to get more of your taxpayer money. some people are asking why are we funding an agency that many people say don't work already. we've reported in the last year, more than a couple mistakes that have been going on at the t.s.a. do you believe it should be only airline passengers who should pay for this increase, money that will go to the t.s.a. or should everyone pay for this increase? >> and essentially what they're now doing, the senate democrats shepherded this through and they're going to increase and they're going to actually double the grope fee which is what every airline passenger pays. currently it's $2.50. it will go to $5. kay bailey hutchinson of the great state of texas ride to strip out the fee increase and offset it with cuts to state and local governments, also, apparently, the department of homeland security is on schedule to spend $89 million to build a new highway interchange out there to their new facility in maryland. >> so the senate appropriations committee voted on this and as you mentioned, senator hutchinson led the charge and ended up 15-15 but it goes to the democrats so they had an opportunity to give more money. i feel bad because a lot of t.s.a. people especially in cities, in new york they seem beat up and dragged out because i think it's a lot harder. but they are really trying to be more friendly, i've noticed. it's just -- it's extremely tough -->> it's a tough job. >> it's a tough job. and you have to see the same people. >> completely but it's about a government running an operation and whether or not they're doing a good job and whether or not you should throw more money at a government-run operation. i'm thinking about the post office and things like that. anyway, let us know what you think about that. friends at foxnews.com. we have a twitter account that you know about. >> my postman is afraid of my dog so i'm not getting much mail. >> no, we understand. >> straight ahead on the rundown, should wealthy americans be forced to wait longer for social security so other people can jump to the front of the line? a fair and balanced debate coming up. >> they're in the country illegally. should illegal immigrants be able to get a driver's license? why you may actually want them to. that's next. we love gardening... yeah, but the feeling wasn't always mutual i want you to grow big! if you grow for me, you'll get cookies for fre nothing worked. ♪ but we started using miracle-gro garden soil. you just mix it with your backyard soil... and it feeds your plants for up to 3 months. my plants grew bigger... more butiful... with more flowers and vetables. guaranteed. everything changed with miracle-gro. for you are these flowers, like sp is for showers. everyone grows with miracle-gro. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. withhe bankamericard cash rewards credit card, we earn more cash back for the things we buy most. 1% ca back everywhere, every time. 2% on grocers. 3% on gas. automacally. no hoops to jump through. no annual e. that's 1% back on... wow! 2% on my homemade lasagn 3% back on [ friends ] road trip!!!!!!!!!!!! [ male announcer ] get 1-2-3 percent cash back. apply online or at a bank of america near you. ♪ >> 44 minutes after the top of the hour. quick headlines for you now. former first lady nancy reagan recovering from broken ribs. the 90-year-old fell about six weeks ago at her home in l.a. the announcement was made at the reagan presidential library in simi valley where she had been expected to attend a speech by the house budget committee chair paul ryan. they are set to vote on a controversial proposal that would allow illegal immigrants driver's licenses. supporters say they just want to drive legally and safely. brian? >> all right, gretch. almost everyone agrees that entitlement spending needs reformed but the debate is over how to reform it. in a "new york times" op ed this week, ezekial emanuel, rahm's brother, the older brother of the chicago mayor suggested that wealthy people should wait longer than poor to collect medicare and social security benefits. even has a scale to go alongside this. is this a fair way to help fix the system? charles gasparino is a senior correspondent for the fox business network and jonathan is a fox business contributor and essentially we have a situation where they say if you're eligible for medicare at 65 or 66 or for social security, you should get it right away if you need it and 67 and 68 if you're somewhere in the midland area and wait until 70 and 71 if you're rich like warren buffet & company. do you have a problem with that, charles? >> i have zero problem with that. here's the thing, these are entitlements. bottom thing is the government hands these out, there's no real social contract between the person that accepts it and has paid for it. and the government that doles it out. i think this is pretty reasonable coming from someone named emanuel. >> right. jonathan, do you have a problem with that? is that just waiting -- if you got the money, why do you need it right away? >> well, whether you need it or not, brian, is irrelevant. you paid into it. and we all agree, as you pointed out that the entitlement system is bankrupt. you're talking about $100 trillion in unfunded liabilities but without property rights, basic property rights that don't exist under entitlements, you have no right to anything. the government can come in and say, you know what? you paid on it, you planned for it. it's all sacrificed for the greater good. >> you say it's not a property right. >> this is not a property right. it's an entitlement. the supreme court, every court has ruled that these sorts of entitlements do not fall under the notion of property rights. that the government can hand them out -- >> charlie. >> and ration them as they see fit. >> that's what you need to change. >> sort of conflate properties right with entitlements you have a real problem. >> that's the problem, that you have no rights with entitlements. you don't own anything. all you have is the hope that future generations are going to be looted like you're being looted to honor current payees. so why is ezekial proposing a prescription for the same type of poison that's brought us to this place? >> i could say that i don't know whether that's good or bad. >> how's this, charles? he disagrees. >> i would say this -- >> i'll say this -- >> go ahead, say this. but bottom line is this -- when you pay into the government for entitlements like everything else when money becomes scarce as it is now, the government has the absolute right, the constitutional right to ration those benefits and by the way -- >> there's your -- >> why does he need social security? why does he need social security? >> charlie, that's the marxist ideology. for each according to his abability, for each according t his needs. >> no it's entitlements, not redistribution of wealth. >> let me say -- that's what ezekial is doing. this is a death panel. >> is there any scenario where you say yeah, that is our money. we paid into it. in an emergency situation, like we are now heading to a fiscal cliff, we can call some audibles and make some changes. is there any scenario where you would do that? >> the only moral change to entitlements, brian is to end them. >> by the way, but jonathan, in the meantime, in the real world when we have -- when we have a lack of -- when we have scarce resources, warren buffet does not deserve social security. how you can argue that warren buffet deserves the same social security payment as the construction worker outside is insane. >> charles gasparino and jonathan honing, thank you for the debate. we'll see if it goes through and a special shoutout to angela, the family member from the gasparino family that chose to watch this morning. we single out her. the romper room of morning tv. thanks a lot, charles. good job, jonathan. straight ahead, he endorsed president obama in 2008. why isn't he ready to endorse him now? or is he? he's live at the top of the next hour with a brand new book. we're going to have your own. it's true, great american grilloff. the winner gets a trophy. and a steak that's supposed to taste good. and i get the recipe. that means you get the recipe. sorry. [ female announcer ] roam like the gnome this summer. it's the travelocity spring into summer sale. you can save up to 50% on select hotels and vacation packages. so book your summer vacation now and save up to 50%. offer ends soon. book right now at travelocity.com. >> it's a great american grilloff right here live at our world head quarters, 48th and sixth avenue. joining us right now live from arkansas, scott neil, the vice president of meat at wal-mart. congratulations. >> that's right. great to be here. >> vice president of meat. is your desk in a locker? >> yeah, we keep refrigeration all around my office. no, no. no meat around me. >> nice and cool. >> yeah, we have got -- you have been conducting essentially a grill-off across the country like the "american idol" of meat, isn't it? >> that's right. we just launched our new choice premium steak line. >> the good stuff. >> right, the good stuff and we believe in it so much we want to show people so we had this great american grill-off, eight major markets across the country. and these chefs competed to get here so these are the finalists. these are the best of the best. >> we'll go through and talk through each of them. before we start over there, when you're buying a piece of meat at the store, how do you know what's going to taste good? it's hard to tell what it tastes like through that plastic? >> it is. when you think about the middle meats or the ones that you grill, you want to look and see those little pieces of fat in the muscle. a little bit of marbling and you look for that because that's going to produce the best bite and the best tender and juicy steak that you can get. >> i'm going to taste a little bit of the first four, here's ronald killen from killen steakhouse in houston. what cut of meat do we have here? >> ribeye. marinated with a little dry rub. >> excellent. >> no sauce but it's the dry rub, right? >> there you go. it's dried and try to make it good. >> very tasty. >> all right. next in line, we have eric sierra from redfish grill in miami. good morning to you, sir. >> good morning, how are you? >> red fish grill, i would imagine that you cook a lot of fish. how many steak? >> we do a couple, you know, but we're more known for seafood. >> back here, bean is boss to get here. >> so you're still working there? >> i am, fortunately. >> you, unlike mr. killen there, you do put a little sauce on yours. >> yes, absolutely. that's a little asian glaze right there. >> very tasty. thank you very much, sir. >> i'm not going to have to buy breakfast here. here's willie thomas, park cafe in nashville. good morning to you, sir. >> good morning. >> he put a sauce on there. are sauces legal? >> they're legal. they start with a great piece of meat. the sauce is what makes it unbelievable. but anyone can get this result. >> it's grilled onion and blue cheese vinaigrette. >> the blue cheese is beautiful. that's fantastic. our last contestant here, david larkworthy from five seasons brewery in atlanta. good morning to you. >> good morning. thanks for having us. >> do you cook with beer? >> absolutely. and then sometimes i put it in the food as well. >> ok, now, how can you tell when you're grilling whether or not the steak is done? >> you can tell a number of ways. you can use a thermometer. you can use a number of shakes including your hand and i like to touch it. if you like it medium rare, it will be springy. >> when is the last time you washed your hands? >> this morning before i did that. >> there you go. that's very good, too. >> glad you enjoy it. >> very, very nice. >> so now scott, how is it going to work? we've gone through the first four and we'll go through the other four later. >> we'll go through the other four later and you're going to pick the best, that you feel is the best steaks out of the eight top chefs. >> i love steak like the astronauts now, i'm having it for breakfast today. >> there you go. >> and thank you very much for setting up in front of our building. we're driving "the today show" nuts. thank you very much. >> thank you. >> all right. gretch and bri, into you. what can i bring you? >> thanks a lot, steve. brian is chatting with general colin powell. >> tell me when we're on, gretch. >> he endorsed president obama in 2008. what is he going to do this time around? we'll ask general colin powell moments away. >> i think i just did. >> you did? >> dump me once, shame on you. dump me twice, i'll sue you. the jilted groom taking his former fiancee to court. i'm going back to talk to the general. >> see you. let's play indoors this weekend. all we need is a couple of gallons of our hardest-working paint... ...from the home depot. the place that gives us more top-rated brands than anywhere else... ...at prices that won't shake up our budget. let's make a one-wall statement... ...or tackle a total room takeover ...with paint that'll get the job done in fewer trips up and down the ladder. more saving. more doing. that's the power of the home depot. the number one brand of paint just got better. starting at $24.96. 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[ zapping ] [ clang ] this is the next level of performance. the next level of innovation. the next rx. the all-new f sport. this is the pursuit of perfection. not in this economy. we also have zero free time, and my dad moving in. so we went to fidelity. we looked at our family's goals and some ways to help us get there. they helped me fix my economy, the one in my house. now they're managing my investments for me. and with fidelity, getting back on track was easier than i thought. call or come in today to take control of your personal economy. get one-on-one help from america's retirement leader. >> good morning, everyone. it's wednesday, may 23rd. thanks for sharing part of your time with us this morning. i'm gretchen carlson. let me tell you what's happening. former secretary of state general colin powell not ready to endorse president obama just yet but the white house says he should. his reaction when he joins us live moments away. >> the obama administration making you pick up a $20 million tab to tout a multibillion dollar health care plan. what's happening in washington? >> and disturbing audio of a 911 dispatcher falling asleep. listen to this. >> hello? hello? hello? hold on one second and let me try to get them on the line again. >> ok. >> put one hand on his forehead. the other hand underneath his neck and tilt his head back. >> if the first dispatcher was asleep, who picked up the phone? >> i don't know. i'm not really sure. >> thank goodness there was a second dispatcher. what happened? we'll tell you, "fox & friends" hour two for wednesday starts right now. >> might have needed the rooster that we have every morning on our show, too. >> that we have in our homes, by the way. we don't have alarm clocks but livestock. >> three roosters to get me up in the morning. we have general colin powell right around the corner. a fox news alert for you now. info just into us that the american and british doctors that have been abducted in northeastern afghanistan, we're being told the two women were snatched by seven gunmen along with three afghan colleagues. right now, we know the female doctors belong to medair, a nongovernment organization. they were traveling by horseback to help fight malnutrition in women and children. the search is going on at this hour for the victims and the kidnappers. no one has claimed responsibility yet for these abductions. four secret service agents accused of partying with call girls in colombia are fighting to get their jobs back. why? they say they're being made into scapegoats for behavior that's long been tolerated at the agency. the secret service director will speak publicly about the controversy for the first time later today when he addresses a senate committee. he's expected to testify that the agents' behavior did not result in any kind of security breach. mitt romney going 2-2 last night in primaries and skorpg some bragging rights as well. not only did romney win the primaries in arkansas and kentucky, he beat president obama in both states. in kentucky, he had 67% of the vote. in the democratic primary, the president had 58%. in arkansas, romney grabbed 68%. the president 58%. coming in second, though, to president obama in arkansas was somebody not even from that state. john wilkes jr., a lawyer on the ballot from tennessee got over 40% of the vote there. romney now on the verge of clinching the g.o.p. nomination. remember the magic number, it's 1144 and right now, he has 1,065. he could clinch it when texas holds its primary next week. it could be struck down by the supreme court in just weeks. the department of health and human services giving $20 million of your money to a p.r. firm to push obamacare now. former alaska governor sarah palin says the plan itself isn't the only thing that's questionable. >> it's crony capitalism on steroids, greta. the $20 million is going to a firm that employs and has as head haunchos as as a surrogate. >> those are your headlines this morning. >> privilege to bring with us, the former secretary of state, general colin powell, national security advisor, everything else. great to have you. >> good morning. >> how are you? >> you even looked younger since being in government. >> being in government is not good for your health. >> no kidding. >> we'll talk a little bit about your book and it's terrific in a minute or two. first, we'll talk about some stuff in the news. i want to play for you a soundbite of the president of the united states talking about afghanistan. and we're getting out over there, right? here's the president. listen to this. >> i don't think there's ever going to be an optimal point where we say this is all done. this is perfect. this is just the way we wanted it and now we can, you know, wrap up all our equipment and go home. so i think that the timetable that we've established is a sound one, it's a responsible one. are there risks involved in it? absolutely. can i anticipate that over the next two years there are going to be some bad moments? along with some good ones? absolutely. >> absolutely. so there he's saying americans can't wait for afghanistan to be perfect. it's never going to be perfect. >> i don't think it ever will be perfect and i think his statement was a rather sober one. and very factual in terms of the situation that we are in. and i think it's wise to say, ok, look at the end of 2013, we will finish our active combat operations and continue to phase down and remove ourselves by 2014. not entirely. we'll leave trainers behind. we'll leave support people behind. sooner or later, the afghans have to take over responsibility for their own country and it is their country and they've been training hundreds of thousands of people to do it so how long? i mean, it's a very expensive proposition. >> absolutely. i was just wondering, david sanger in his new book in "the new york times" says the president made his decision before david petraeus could come home from war and present his options and up until the last six weeks, the secretary of defense, robert gates and secretary of state hillary clinton weren't even consulted. did that concern you? >> it would concern me if it was true. i don't know that it's true. i'm quite sure that david was consulted throughout the process. it may not be that he was there every day but my recollection of that period and i was talking to people and met with the president during that period, he was getting advice from lots of people. i mean, he was having steady meetings and i think he had a firm idea of what the military was recommending to him whether they were home or not, he knew what they were recommending to him. he had some questions about what they were recommending but all that was taken into account before he made his decision. >> you don't think it's true. if it was true -- >> well, the truth, what is true? the truth that he never consulted with david petraeus, i don't think that's right. the fact that he never consulted with hillary or bill gates? i don't think that's right. >> yeah. the word was into the final, yeah, into the last six weeks, they were not -- >> the last six weeks. >> his decision to pull out within 18 months. >> the last six weeks is a long period of time. were they consulted during that last six weeks? i'm not quite sure of the exact point that david is making. >> let's go into the other part of the political scheme right now or situation, scenario, as it is. four years ago, you decided as a republican to endorse president obama. >> uh-huh. >> and i know that you're not ready yet to say whether or not you're going to do that. back then, you called him a transformational figure. why wouldn't you be able to endorse him right now again? >> it's four years later. it's a new election period. i'm a private citizen and i always take my time to examine all the options and i came out this week on television because i'm on a book tour, not a promotional endorsement tour. >> you knew you'd be asked that question, too. >> but i've answered it. i'm not ready to make an endorsement. >> and four years ago, you said, you know, we were in a hole economically and you said that you felt that barack obama would be better economically to lead the country out of the hole than john mccain. >> there was no doubt in my mind at that time, it was pretty convincing, senator obama at that time surrounded himself with some rather smart, gifted people. when i looked at the mccain campaign and old friend of 30 years of john mccain, i heard about joe the plumber and there really was no plan to rescue it and in fact in the subsequent years, the financial system has been stablized. the automobile industry has been saved. the unemployment rate is still too high and the economy is not moving as well as it should. so we still have challenges ahead. >> still the guy to do it or is mitt romney the guy who has got experience running a state, running the olympics, running a company? >> that's the judgment the american people will make and i will have to make in due course. i must say that, you know, i -- does the need for me to endorse anybody right there is not there. i'll take my time and when i feel it appropriate, i will. >> you will eventually make an endorsement. >> i may or may not. that's the beauty of my situation. i'm not in government. i'm not a politician. i'm a private citizen. i don't have to do anything. i can just vote. >> i think the interesting thing is that the two parties appear to be so divergent right now. especially when it comes to economic policies and how exactly to try and fix the economy. so i think that's why people want to know what you'll do this time around because you thought that president obama would do a good thing for the economy and now since both parties seem to be so polarized on how to attack that, that's why people want to know what you think. >> i'm not happy with either party right now and their plans to attack it. i wish they had adopted a plan that had been put before the simpson-bowles which i think both sides were paying for the rally around because it required everybody to yield and to give and to compromise. and my standard speech, if i may, my standard speech around the country is that if our founding fathers in four months could create this great nation and write a constitution by arguing with each other, by compromising with each other, if you don't compromise, you can't get consensus and the country has nothing, you know, to rally behind and we -- what we seem to have lost is that ability to compromise and, you know, i say why don't you guys just knock off the hearings and go have a couple of drinks. yeah, go do a tip o'neill thing, you know, that's what they used to do. when i first came into government at a senior level, these guys didn't hate each other. they weren't after each other all day long and they weren't bashing each other. >> ronald reagan and tip o'neill used to fight like cats and dogs during the day and at night, have a cocktail. >> that's how the country functions. >> you know leadership and this latest book is about leadership but the president commissioned the bipartisan council that would given him cover to say listen, i put republicans on there, too. senator simpson is a republican. this is their recommendations. i'm going to go for it. is that good leadership to ignore it? >> he had his own reasons for not using it. i thought it was a good outcome and i know both these gentlemen and the people who were on it. remember, he had to create that body because congress refused to put together a body. what is congress doing? isn't that what congress should be doing? >> they had some members, senator durbin was on there. chairman ryan was on there. is that good leadership? >> i don't know that the republicans leap on it and say this is the greatest thing since sliced bread. >> he's only one president. >> but who passes the laws, who actually is running up the bill? is it the president or the congress that passes the legislation in the appropriations bill? >> that's a good point. were your ears burning in the last 24/48 hours, because jay carney was asked about your endorsement and here's what he said about why you should endorse the guy who currently has a job. listen to this. >> in the national security realm which has, i think, particular resonance with general powell, the record has been judged to be exemplary by outside observers and commentators. >> so in national security, what grade -- >> jay carney is speaking for me now. >> i told you it was a hot topic. >> the beauty of my life is i can speak for myself and i'm free to do that and i'm sometimes very supportive of a person and sometimes i'll be critical when criticism is necessary. >> let's move on to the next topic. judicial watch is come ing out and saying that potentially the obama administration gave classified information about the bin laden raid to hollywood movie maker and some of the information that the seals had given have gone to the hollywood filmmaker. what do you think about that? >> i don't know anything about this story. it's just breaking this morning to the best of my knowledge. i don't know what was given or what was not given. it's a judicial watch report. but it's not that unusual after an action, you start to provide declassified or unclassified or if it's not sensitive anymore information to help people understand what happened. i mean, when i was with president bush and vice president cheney, there was a problem about what had happened and vice president cheney took a classified document into the president and had him declassify it on the spot and then gave it to the press so without knowing the specific facts of the case, i don't know if there was any -- >> if it was highly classified information that was still classified and still being protected in a classified matter, that would give me some concern. but i don't know the facts. and navy seals are all over the place these days writing books and giving interviews and what not. they're great guys. >> you're giving an interview. and can you stick around for a couple more minutes. we have lots more questions. coming up next on the rundown, colin powell's 13 rules for life like one of his favorites, be careful what you choose. you may just get it! he said that for years. he'll explain what it means coming up. >> then president obama making a deal with nascar to go green. it covers just about everything except the cost. as i get older, i'm making changes to support my metabolism. i'm more active, i eat right, and i switched to one a day women's active metabolism, a complete women's multivitamin, plus more -- for metabolism support. and that's a change i feel good about. 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[ male announcer ] ask your doctor if chantix is right for you. >> quick headlines for you now. four key witnesses have changed their stories about the night that george zimmerman shot trayvon martin. one of them originally acting like he was frantic. now saying he acted like nothing happened. former first lady nancy reagan recovering from broken ribs. the 90-year-old fell six weeks ago at her home. announcement was only made yesterday because she was expected to attend a speech at the reagan library and instead had to watch it at home. >> in colin powell's brand new book, "it worked for me, life and leadership" the former secretary of state shares many of the life experiences that have shaped his impressive career. >> we're back now with the former secretary of state, general colin powell. national security advisor. general, why 13? >> there are about two dozen of them. and fellow was writing an article about me and he needed a hook to close the article for "para "parade" magazine and one of my assistants said ask the general about all the scraps of player under my desk glass. i picked the first 13 that came to mind and were clean. >> these are the 13 rules that you have lived your life by. and you're imparting your advice to people in your book about them. >> right. they were things that i jotted down over the years as i had experiences or as i screwed something up and i wrote down. and that's all they were. and then for 22 years, gretchen, we have been sending them out and so when i started this next book, the book that's out now, i started assembling stories. and i had to explain finally why i picked those 13 rules. and in the first chapter of the book. the book, there's nothing cohesive about it. you can jump anywhere. no index, you can't look yourself up. no index. i love that part. >> your number one thing to live your life by, it anlt as bad as you think. it will look better in the morning. number two, get mad but then get over it. and you tell a story in the book about how that guy from france, you wanted to strangle him! of course you didn't. >> the french foreign minister and i had terrible fights in 2003 at the united nations. and americans were furious with the french, you know, we're not going to call them french fries anymore. we're not going to drink french wine and that -- i was as mad at him as anybody. we had a lot of arguments but i had to remember that i might need dominique and i might need the french so i was an adversary but don't make him an enemy. that's the lesson in that. have adversaries, have fights but don't avoid making -- don't make an adversary and enemy when you can make an adversarial friend. >> how it paid off very clear, in the iraq war aftermath, he was on your side. few other things he surprised you in helping you out with aristide because you didn't burn the bridges then. >> you don't burn bridges that you don't have to burn. you might have to walk across them again. >> one of your other rules is share the credit. i wonder if you learned that from family life or all your years in the military? >> it was both. but over the course of my life in my family which is a very loving, caring family but in the military, you're taught early on when you do something well, make sure the troops get the credit. and when you screw it up, it's your problem. try to do better. train the troops. human beings want to be recognized. human beings want to think they are valued. and lots of stories in the book where i say the simplest thing to do as a human being is just to put your arm around them and say hey, man, you're doing a good job. >> exactly. >> show empathy for human beings and one story is about my walking in the garage of the state department, wandering around, look to see what's going on in my department. it's more than flying around and going places. it's walking in your garage. and the contract employees who parked their cars were there and i said how do you decide who is the first, second and third one in the line to get out? and they looked at each other and finally said, mr. secretary, it's pretty simple. if when you come in, you lower your window, you look out and smile at us and you say good morning, how are you? you're first. >> no kidding. >> it isn't brain surgery. you don't have to read a book. you don't have to read a book. >> you do have to read a book. it works! >> sorry. >> thank you very much. >> thanks very much. >> thank you. >> good to see you guys. >> straight ahead, this is scary. a 911 call with the dispatcher who fell asleep. 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[ male announcer ] now citi thankyou visa card holders can combine the thankyou points they've earned and get even greater rewards. ♪ >> it's too late for me. i just had another one graduate over the weekend. if you put off saving for your child's college education, what should you do to get the biggest bang for your college buck? >> personal finance expert dave ramsey has a plan and joins us now live from nashville to tell us what to do so a 529, is that enough? >> well, there are several types of 529's which include state prepaid tuition which you never do. the only type of 529 we would recommend is the type where you can control your investments. i think a better option for your first $2,000 is the educational savings account, the e.s.a. which is kind of like a roth i.r.a. for college. >> exactly. now, dave, some of them are specific to your state. you want the flexible one where you can use it anywhere, right? >> yes and you want the one that's flexible for your options so you can pick and move the options. a lot of these things are life phased meaning when the child is young, they put the money in a certain kind of investment and they automatically move it when the child is older. you want to be in control. and you really got to be very, very careful. a lot of these states, as we know and you've reported on are in big time financial trouble and they're managing these situations very poorly as a result. >> that's right. >> all right, here, we have some e-mails for you. jane from minnesota says we're debt free and have $15,000 saved and contributing 15% to our 403b account. we only save $12,000, saved for our two children and only 4 and 5 years old right now. they're off to college. should we put the majority of our money towards college savings or pay off our mortgage? >> well, jane, you've done a great job and for sure you're in one of those states with a very weak program. don't do prepaid tuition there. really bad reports on minnesota. anyway, yes, you've done a great job. you're out of debt. you've got your retirement going. i would load up on the college funds until you've got them done and then move on to paying off your home. >> ok. and dave, you were touching on a little bit about states with good plans and bad plans. we've got a full screen with the worst 529 plans in america. maine, rhode island, kansas, wisconsin and minnesota. what makes them so bad? >> in almost every one of those cases, it's very high expense ratios on the plans and very poor performance. the funds that are in the plan have done very, very poorly. also, i was just reading an article that alabama had a problem. they last 45% of the value in that fund because it was so poorly managed. and so again, you know, state-run excellence is kind of an oxymoron so you do your own management in an e.s.a. and you'll be better off. >> all right. good advice for folks who are thinking about -- you should be thinking about this, brian, you got three kids with college coming. >> up until dave ramsey was booked, i had no idea they were going to go to college. this is brand new to me. i have to get on this. i'll go right now. >> thanks very much. his children thank you as well. >> thanks, guys. >> straight ahead, the t.s.a. pats down grannies and kids so why are we about to give the agency more money? is this just a plain waste? we're going to report and you're going to decide next. and then dump me once, shame on you. dump me twice, i'll sue you! the story of a jilted groom who has taken his former fiancee to court. does your phone share what you are seeing and hearing right now with the touch of a button ? droid does. does it post it instantly to facebook with sound ? droid does. droid with color for facebook. it's the ultimate status update. get a droid razr maxx by motorola for only $199.99. listen to what mvp justin verlander thinks about it. i would say the source of most of my muscle pain would be in my shoulder. my trainer kevin rand recommended it to me. i was kind of skeptical at first, but i tested it out, and bayer advanced aspirin relieved my pain fast. feeling 100% every start, every fifth day, i think definitely gives me a little bit of an edge. but don't take his word for it. put bayer advanced aspirin to the test for yourself at fastreliefchallenge.com >> how is this possible? mary geharty doocy, my middle child, congratulations over the weekend. she celebrated graduation with boston college's 136 graduating class. there she is, she's a triple major. history, english, philosophy. the commencement speech was very, very good. bob woodruff, the abc news guy came and talked about his alive day. the day that he, you know, the shell exploded. he should have died but he lived. and, you know, he's got such a great appreciation for life and what you can do with your life now six years later. so congratulations to mary. >> congratulations! >> we're all very -- >> how did she do that? >> she spent a lot of time in the library. and congratulations to her. and congratulations to all the families that are celebrating graduations and commencement not only in college but high school as well. >> right. so now it's on to -- >> now she has to find a job. >> good luck. there aren't a lot of jobs out there. >> that's where most college graduates start. >> for the summertime, right? >> we'll see what the next step is. >> yeah. >> i'll keep you posted. future shot of the morning. >> that's fantastic. >> let's talk a little bit about the t.s.a. story we told you an hour ago and you have a lot say about it. we've been getting a lot of tweets and e-mails about whether or not this fee that you pay to go through, it's $2.50 right now. some democrats in congress want to raise that to $5. do you think that's wasted money or going to a good cause? >> we've got an e-mail from lori. lori says what about the money wasted on equipment gathering dust in warehouses? oh, that's good. why don't they give that money back before they try to collect more from us? >> and this e-mail from john in west virginia. i say let passengers pay for it, not everyone. though he believes it should be that's one of the theories that, you know, it should be people that travel. >> user fee. >> meanwhile, tim writes this. the government -- i prefer the typing noise but i guess i'm not going to get it. the government should stay out of it, thank you, see if it stops when i stop. let the sector take over. oh. >> private. >> you were so distracted by this -- it's private sector. >> yeah. >> what do you think, do you think they should double the fee or should we even be giving this agency more money. >> should we even be flying? we got to fly and go places! >> that's a whole another topic. >> you don't like my question? there's a problem, you know, with whether or not people who are obese should have two seats on the airplane and i don't think we should go down that road right now. should we do headlines instead? >> sure. >> exactly one year after a tornado ripped through joplin, missouri, brand new video is being released. this is what the twister did to the inside of the emergency waiting room at st. john's mercy hospital. tornado sweeping up everything. watch this. wow! destroying the medical center. a new facility now being built. meantime, the community pausing to remember those who lost their lives. residents participate in a unity walk before stopping for a moment of silence. >> imagine frantically call 911 for help. instead of getting assistance, you get silence followed by snoring. it happened to a woman whose husband started having trouble breathing. >> hello? hello? hello? >> hold on one second. let me try to get them on the line again. >> ok. >> oh! >> put one hand on his forehead. the other hand underneath his neck and tilt his head back. >> yes. >> uh-huh. now he's all blue. >> wow. eventually her husband was taken to the hospital in maryland. her husband is going to be ok. he's on leave without pay. he was apparently 17 hours into a 24-hour overtime shift. >> 24 hours? >> with pay! getting with pay. >> meantime, president obama and the e.p.a. teaming up with nascar for a brand new green initiative. the make-over covers everything except the race cars themselves. huh? nascar will start using recycled napkins and cups at the races but the cars will all be the same. that's because green nrpg just won't cut it. the cars average about 5 miles to the gallon and consume 2 million gallons of fuel. >> most blushing brides fear rain on their wedding day. but kandra had to duck a tornado. a twister touched down a few miles away, look at that, from her ceremony. she and her husband finished saying their vows outside when they looked down the aisle and saw the funnel cloud. the kansas couple continued on even posing for pictures afterwards. now, that's a wedding shot. >> no kidding. >> it wasn't photo shopped. that's the real deal. all right, brian, how about some nba action? >> all right. i'll tell you what, it was almost like a night at the ufc. string it together. a brutal night in the nba and not just for the pacers. danny granger leaving game five with a sprained ankle. he saw the pacers fall to the heat and now on the brink of elimination after it looked like an upset was pending. tell me if you think this is a little physical. he gets hit so hard in the beginning to send a message but hansburough would get that sent back to him by the heat. you'll see it there. wade bounced back and had 28 points. he got called for a flagrant. watch this, a little bit of payback. and then the heat would go on to lose their extra one, hitting with a flying forearm that i believe is illegal. the game clearly not in doubt. in the end, wow, the pacers and heat don't like each other. they beat each other up but the heat won. one win away from eliminating indiana. could be a bad time for the government in the roger clemens perjury trial. jurors submitting questions for the key prosecution witness. one asked why jurors should believe him if he's been so inconsistent about clemens' alleged use and steroid use. the judge says jurors need to decide that on their own. that's an old request. clemens accused of lying to congress in 2008 over and over again. the astrodome, you might have liked it in his heyday in the 1960's. nobody is using it now. it's moldy and takes a lot to keep it up. no one plays baseball there and remember, it was a place that everybody went to for shelter at katrina. it was a refugee place and cost $600 million to renovate. i think they'll end up blowing it up. people of houston, tell us what you prefer. tell us if you thought the -- was it the ninth wonder of the world at some point people called it. >> really? >> should be blown up right now. >> i do believe the -- didn't the bad news bears play there? >> you're right. the bad news bears played and they won. >> they did? >> so they ended up winning. with tatum o'neill who was a great pitcher and they relied on her. and decided to leave his bad boy image behind and get in that line-up, he would never have been successful. >> what happened to him? >> i don't know. what do you give that money? >> you really loved it. >> same rating as fred claus? >> no, i would have third. because the sequel to "bad news bears" was even better. >> good point. >> let's talk a little bit about what was supposed to happen on september 22nd. steven silverstein was supposed to wed forever kendra platte lee but apparently, they went out for a while. they broke up. they got back together. reconciled, set a date and now as it turns out, he is suing her for back rent, money, all sorts of deposits. because she backed out. >> because of a broken promise. >> i don't know. sounds like he might have a case. they had a joint checking account which is the first mistake or savings account. first mistake, never do that before you're married, by the way, but anyway, he alleges that she took out $53,000, $54,000 from their account. >> that's a problem. >> and that only $35,000 of it was hers. she owes $19,000 from their bank account and $28,000 in back rent because he was living on the upper east side here and she lived with him. she was on the lease but she apparently never paid for the rent. she did give the ring back, though. the ring was $32,000. she did give that back. >> i don't have a rich paperback ground but i watched "paper chase" in the 70's. >> that was great. >> where is this going? >> passed away. but he was the e.f. hutton guy. remember that? >> absolutely. >> fantastic. >> here's my -- >> they earn it! >> when you get engaged, it's an implied contract, not a written contract. all these other things, you're taking a gamble. to me, an engagement is a trial period. honey, i've tried you out for two years, you failed. you're out! >> try you out? >> yeah, it's a warmup. it's a test drive. >> test drive. let me see what you're like. let's get in an argument and see how it turns out. >> i think he's got a pretty good case getting the $19,000 she took out and the deposits. i don't know about the rent. unless they had a deal, i'm going to pay for -- i'm going to pay all the rent, that's going to be tough. >> she also -- let's keep in mind, maybe emotions shouldn't factor into this. but she broke up with him over e-mail when she went back to california. >> it's quicker. >> that's hard. >> all right. it is quicker. >> for the second time she dumped him. >> less crying. >> here's what you thought about it. he should not get that money back. i know that sounds harsh but that's what happens when a couple moves in together before they really know each other, whatever happened to the old-fashioned art of courting? >> exactly. i mean, when you get engaged you're not out of the woods yet. you're still dating. >> when you're married you're not out of the woods yet. >> we're still deep in the woods. patty tweets us. thank you for the typing noise. i think he should count himself lucky for not marrying her. good! she'll break up with you on e-mail, take half your money and take it for your rent. it's a good thing she's out of it. typing noise or not! >> her side says look, we gave back the ring, we're square. his side says look, not so fast. >> we have given more time to this than colin powell. >> not exactly. >> everybody has an opinion on this. >> that would not necessarily be fantastic. >> what do you think, should she give him the money back or which part or, you know, should men and women marry? >> e-mail us. that goes up there with should people fly? what do you think, friends at foxnews.com. >> she has the support of sarah palin and a powerful political messa message. >> in november, president obama is going to be shown the door and as a student, i'm a 16-year-old, i couldn't have more hope for the future. >> but this teen now getting death threats? she joins us live next. >> millions of people trying internet dating but how do you know if your on-line squeeze is normal or not? dr. keith ablow has the answer. >> i'm nervous. brian is in that segment with me. what are you going to ask him? >> nothing normal. >> ok. >> you're no longer on line dating, are you? sorry. >> let's not ask the question if brian is normal or nuts. no, here's the trivia question, though -- dude you don't understand, this is my dad's car. look at the car! my dad's gonna kill me dude... 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[ male announcer ] hey! there's oreo creme under that fudge! oreo fudge cremes. indescribably good. >> 46 minutes past the top of the hour. couple of quick headlines for you now. actor michael mckeane didn't show up on his role in a broadway show late last night because he was hit by a car. he was trying to cross the street in new york city, the 64-year-old best known for his roles in "laverne & shirley" and "this is spinal tap." stunning medical feat. for the first time, researchers successfully taking skin cells from people with heart failure and transforming them into healthy beating heart tissue. scientists say this could be used one day to treat bad heart conditions. steve? >> that's amazing. meanwhile, she's conservative. she's christian and she's only 16 years old. but when it comes to politics, this north carolina teenager is certainly not afraid to speak her mind. >> in november, president obama is going to be shown the door. and as a student, as a 16-year-old i couldn't have more hope for the future. >> referred to as the teenage political maverick, it's no surprise that the 16-year-old is being followed by none other than her political idol sarah palin. joining us right now is 16-year-old conservative madeleine mccully. good morning to you. >> good morning. >> you're 16. where did all these political thoughts come from? >> i have no idea! i think there's some wiring in my brain that might be a little messed up. >> well, your parents are clearly conservative. have they -- are they the ones who guided you down this road? >> not at all actually. my parents aren't involved in politics. they vote. they are conservative. but you know, this politics thing is really my niche. i go to all of my meetings by myself. and, you know, i enjoy being independent in this area. >> and i read, madeleine, that you were inspired a couple of years ago when governor sarah palin made it to the number two slot on the republican side. >> yes. i was so excited. for a school assignment, i had to watch her r.n.c. speech and when she walked out, i was amazed that a wife and mom could be a power play in the political world. >> you've started your blog, faith and hope politics.com and i understand sarah palin is following you on twitter? >> she is. i cannot even tell you how excited i was when i saw that on my news feed. >> congratulations. and i understand that you will get into twitter talks with sean hannity as well and some other political big shots on the political left. but i know a couple of days -- couple of weeks ago, you put up a video about same sex marriage there in north carolina and you got a lot of reaction. particularly from the left. >> yes. i got lots of reactions. within two days, i had over 1,000 views. and, you know, the hatred and the vulgar, disgusting comments started coming in and over the past few days, they have gotten totally extreme and completely inappropriate. >> well, they are inappropriate and i was looking at your web site last night and well, there were some death threats there. >> yes. that was the first time yesterday that i had ever received, you know, kind of death wishes and that was quite interesting to get that feeling. >> well, absolutely. you got to grow a thick skin, i'm sure you're discovering when you're in the political arena as you are right now. ok, you're only 16. what does your future hold? do you want to get into politics? what do you want to do? >> i definitely hope to stay in politics. right now, i'm actually working on a book about competition in american children. so i just hope to continue to pursue a career in politics, whether it be on the media side or maybe one day running for office. >> well, who knows? the sky is the limit. well, congratulations on your success, madeleine mccaulay joining us from charlotte, north carolina. thank you very much, madeleine. >> thank you. >> terrific. all right. 10 minutes before the top of the hour. do you keep your kids out of sports because they might get hurt? is that a normal concern or are you just a plain nuts parent? dr. keith ablow here with the diagnosis coming up. first on this date in 1984, "let's hear it for the boys" was the number one song. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. the teacher that comes to mind for me is my high school math teacher, dr. gilmore. i mean he could teach. he was there for us, even if we needed him in college. you could call him, you had his phone number. he was just focused on making sure we were gonna be successful. he would never give up on any of us. >> the answer to the question of the day -- drew carrey and the winner is al smith from maryland. congratulations. >> all right. >> come on! >> am i normal or nuts? it's a question we all ask ourselves once and a while and it's a question we ask dr. keith ablow every week. >> joining us now to answer the e-mails you sent us is fox news contributor and most importantly psychiatrist for this segment, dr. keith ablow, good to see you, doctor. >> good morning. >> don't analyze us today, all right? because brian has the movie theme. here would be my e-mail. good morning, dr. ablow. there's a person i work with who has an obsession with movies and keeps trying to tell me which ones are good and which ones or not. >> that wasn't an e-mail. do not answer that. you have not gone by the rules. >> it sounds a little controlling. but that's the kind of thing we can work on, brian. >> i promise! >> ok. $120 a second, dr. keith ablow. >> you are the one who always asks the questions. you're the host. you control everything, man. >> it's true. ok, right. >> here's one e-mail. i'll see if i can control this, doctor. my sister keeps pushing me to make my will out to her. i have four times the retirement that i saved for years. i love her but i want to leave some of my money to charity and my alma mater, am i nuts? >> last time i checked like five minutes ago in america, your money is still your money. that could change depending on the election but -- but look, this is a normal woman who wants to take control of her own assets and dispose of them as she wishes. the sister completely crazy. but you're absolutely normal, ma'am, and you should leave your money to just whom you want. >> i tried on-line dating for the first time and talking to one girl in particular. when we text, she calls me all kinds of pet names. and we haven't even met. before i meet her, i want to know if she's nuts. >> i've created this new category normal nuts. this is a normal nuts situation. why? because millions of us have gone crazy a little bit in this way. we think that because of facebook profiles or because of texting or on-line dating profiles that you know the person. you don't know the person. but you can be fooled into it and start calling you honey, sweetie, hey, we've never met. >> it's interesting, dr. ablow, 10 years ago if they would have talked about on-line dating, that would be normal and now it's somewhat mainstream. thanks so much for joining us. we appreciate it. >> it's my pleasure. >> look forward -- >> see you next week. >> have a great memorial day. >> last ditch effort to bully the supreme court. liberals taunting the chief justice? we'll examine what's going on there. >> the president now backing off that bain is bad? why now? herman cain knows and he's here at the top of the hour. ♪ [ acoustic guitar: slow ] [ barks ] ♪ [ upbeat ] [ barks ] beneful playful life is made with energy-packed wholesome grains... and real beef and egg. to help you put more play in your day. here's one story. painoesn't have much of a place in my life. i checked the schedule and it's not on it. 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[ male announcer ] take action. take advil®. for your next headache, find fast relief with advil liqui-gels® or advil migraine®. mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. >> gretchen: good morning, it's wednesday, may 23. i hope you're gonna have a great day. i'm gretchen carlson. you are think you're going to have a great one? >> brian: i think they will. >> gretchen: everyone make it a great one. thanks for sharing your time with us. fox news alert. after helping the u.s. track down and kill osama bin laden, this pakinstani doctor going to jail for treason. will america pretend we can count on pakistan's help in fighting terrorism? inasmuch clean up on aisle 2012. the obama campaign backing off their bain is bad attacks and changing course to this. >> that do not mean the private equity guys are bad guys. they're not. but that no more qualifies you to be president than being a plumber. >> steve: oh, man, next time he needs a plumber, he's in trouble. does the president as community organizer qualify him for what? the white house will answer that. >> brian: so much for civility. a south carolina union leader plays pinata with governor picky haley's likeness. really? >> whack her! >> brian: nikki haley with her response. "fox & friends" starts now. ♪ if you ain't here to party ♪ ♪ you picked the wrong place ♪ you picked the wrong friday night ♪ ♪ if you ain't here to party ♪ you'll be missing out on the best time of your life ♪ so go on and through your cart down ♪ ♪ knock a shut-out >> brian: meat is on our veranda. >> steve: meat is for breakfast today. they're hire to grill. eight of the best grill masters in america cooking autopsy storm outside. we know memorial day weekend is the unofficial kickoff for the summer, barbecue season. we'll show you how it do it like the pros this hour. someone will wind up with a trophy. >> all right. >> brian: you talked to them about an hour ago. >> steve: i taste tested the first four chefs. >> brian: and? >> steve: delicious. i have a favorite from the first batch. we'll have another batch of four coming up. >> gretchen: fox news alert, we're learning pakinstani doctor who helped aid the u.s. in finding osama bin laden will now spend at least 30 years in prison. convicted of treason now. u.s. secretary of state hillary clinton calling for his release. he organized a fake vaccination program to collect dna and help the c.i.a. verify bin laden's presence at the compound. that's where u.s. navy seals killed the terror leader last may. secret service director mark sullivan will be grilled by congress in a few hours over the prostitution scandal. it will be the first time behar from him publicly since the story broke. he's expected to testify that his agents' behavior did not result in any kind of a security breach. meantime, four of those agents now fighting to get their jobs back. here is their interesting argument. they say they're being made into scapegoats for behavior that's long been tolerated at the agency. mitt romney going two for two last night in primaries and scoring bragging rights. not only did he win the primaries in arkansas and kentucky, he outperformed president obama in both of those states. in ken concerning he had 67% of the vote. in the democratic primary action the president had 58%. in arkansasness romney grabbed 68%. the president, 58%. coming in second to president obama in arkansas, a guy not from that state. john wills, junior a lawyer on the ballot from tennessee. he got over 40% of the vote. romney now on the verge of clinching the gop nomination. the ma'amic number is 1144. right now he has 1065. he could clinch it when texas holds its primary next week. he is one of the top contenders getting tossed around a a potential running mate to mitt romney. last night, congressman paul ryan played coy when asked what he would say if he would say yes to romney. >> you know, that's a decision months away and that's a conversation i need to have with my wife before i have it all with you. >> fair enough. >> i like what i'm doing. don't underestimate how important congress is. >> gretchen: he later praised the nominee predicting he will defeat president obama this fall and, quote, save the country. those are your headlines this morning. >> steve: let's talk about some stuff you'll be talking about today politically in the race to be our next president. it's interesting, cory booker a couple days ago said these attacks on bain capital are nauseating. of course, we also had the car czar, steven ratner called them unfair. ed rendell said they were very disappointing. so it looks as if perhaps joe biden is kind of tweaking the message a little bit and invoked a plumber. listen to this. >> your job as president is to promote the common good. that doesn't mean the private equity guys are bad guys. they're not. but that no more qualifies you to be president than being a plumber. it doesn't -- by the way, there are a lot of awful smart plumbers. >> gretchen: you can tell he was trying cover immediately for that. i don't think plumber was in the teleprompter because the minute he said it, he had to qualify that, oh, by the way, we like plumbers. they could actually be president. >> brian: i would like to have one of his speech writers come forward and say, my idea. senator mark warn is on the bain capital bashing train and another guy is not bashing because he's very much a part of venture capital. but in the big picture, the president started this by saying nothing bad about bain in front of the whole world at the g-8 and nato summit, but it's different when you become president that. background doesn't help when you become president. but then it leads to the question, what qualifies him to be president? two years as a u.s. senator? years as a community organizer? two books about yourself? is that the qualification preferrable than a governor, a ceo of a major venture capitalist firm and rung the olympics and a bishop in your church? >> steve: that's kind of what jake tapper was quizzing jay carney on yesterday when it comes to presidential resumes. >> his record as a community organizer. he have did it as president. my question is, why are you saying he would run things -- >> the governor himself has said as much. he's not running, that i can tell, on his record or that you can, 'cause he hasn't, on his record in massachusetts. he's running as a businessman who can do for america what he did in private equity. that, i think americans would expect that credential deserves some scrutiny. >> gretchen: but it's interesting because if you lined up ten business leaders and you asked them, what is your motivation in how you run your company? they would probably all give you a pretty similar answer about how they feel they can become successful. many times that means becoming more efficient, laying off some workers, and looking at the bottom line. so really can you only parts out private equity as being this bad part of our economy or is it really an attack on what we doom as successful in america, which would be all business? that's where senator mitch mcconnell was going when he weighed in on the bain debate and compared president obama to jimmy carter. listen to this. >> i think the view of this administration is if you're making a profit, you must be up to no good. you must be either mistreating your employees or cheating your customers or both. this is certainly the most antibusiness administration since the carter years. at least you could say this for president carter. he was largely incompetent. >> brian: president carter did turn out and have a business background, which everyone thought was an asset in the '70s. now the president thinks it's going to be a negative. that's why he's going after mitt romney. >> gretchen: it must be playing well in the inside polls, this whole class warfare thing because i think the president is banking on the fact that maybe a lot of people don't know what private equity is. it's just that he's going to deem it not to be fair. that seems to be work. >> steve: rasmussen has done a poll this week looking at the bain is bad thing and it seems as if it is energizing the president's base who was going to vote for him anyway. when it comes to independents, it is not work out because apparently independents are split two to one toward mitt romney's business background. they like that. women overwhelmingly prefer venture capitalism over government programs. it's interesting. of the people that rasmussen talked to, they said 44% believe that when you talk about mitt romney's experience in business, that bolsters his case. so mitt romney is going to keep saying, this is what i did. and how long will they keep up the bain is bad now? >> brian: what is the right way to answer? the governor has been saying individually, this is what i did. i went there. this is what i it at the steel company. i was gone for two years. should answer it individually or talk collectively about the business and what it's like to give the 99% of americans who aren't in equity -- private equity a sense of what that business is about and how it will help? >> gretchen: i agree with that. i think he should come out with one statement. if i hadn't come in, more people would have lost their jobs anyway and then he should talk more about what did he with the olympics and more of what he did as governor of massachusetts. don't pigeon hole yourself into this private equity thing if that's what the attacks are going to be about. the big debate is whether people run private companies better or the government runs things better. so if, in fact, the government actually ran more like a private enterprise, would certain people still have jobs? that's the question this morning. >> steve: for instance, eric holder, he's our attorney general. some have said look, he botched the fast and furious thing where one border agent got killed and now some are saying there is a cover-up. do you think -- if government were run like a private equity firm, do you think he would survive if. >> brian: what about harry reid? he hasn't passed a budget as majority leader of the senate in three years. would he still are a job? what about the gsa, the people that run the gsa in government, when you book a smoking clown and a mind reader, and then tell everybody -- tell some of the guys to dress up like women and say that's a good morale building, is that an effective way to lead your company? >> gretchen: the leader of the gsa did have to step down. but you're talk being the other workers. >> brian: who was the guy in the tub with the wine. did he leave? >> gretchen: i think he's still on -- >> steve: i think he has been -- we think he has been suspended with pay or something like that while the investigation is going on. >> gretchen: i think so. >> steve: for a minute i thought you were talking about the burger king guy who was in the tub. >> gretchen: my favorite video ever. >> steve: by the way, the mind reader, saw all this trouble coming. >> brian: right. >> gretchen: coming up, so much for civility, be a union leader using south carolina governor nikki haley as a pinata? >> when it comes around, whack her! give her another whack! >> gretchen: governor nikki haley with her reaction. >> brian: the president backing off to a degree of bain is bad. why now? herman cain knows. he's here. some would say he's feet away. some would say he's walking over right now. >> steve: come on over here, herman having an irregular heartbeat called atrial fibrillation puts you at 5 times greater risk of stroke. don't wait. go to afibstroke.com for a free discussion guide to help you talk to your doctor about reducing your risk. that's afibstroke.com. there's another way to help erase litter box odor. purina tidy cats. only tidy cats has new odor erasers... making it ea to keep things at home... just the way you want them. new tidy cats with odor erasers. throughout our entire lives. ♪ one a day women's 50+ is a complete multi-vitamin designed for women's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day women's 50+ healthy advantage. >> gretchen: vice president joe biden continuing the obama administration's attack on mitt romney's business background yesterday, but according to the romney campaign, his business background is the reason why he's the best person to fix the economy. >> brian: so the attacks on the president -- by the president on mitt romney and on private equity, hypocritical? >> steve: former gop presidential candidate herman cain has parked the cain train here on the curvy couch. good morning to you. >> good morning. >> steve: according to rasmussen poll, this blame bain thing is not working with independents who pick presidents. >> exactly. i don't believe that it's going to work long-term either because i use a phrase on my daily commentary, people are not that stupid. that's like saying, when you're the president of godfather's pizza, you made one pizza. that doesn't qualify to you run a company. you rupia complete enterprise. when i took over, we had 725 restaurants. we closed 200 to save the 525. that's what bain and many other companies do in order to save money. >> steve: your opponent would go to one of those 200 locations that's closed and would interview some of those people and say, yeah, i lost my job. >> exactly. and then i would go to some of the people whose jobs we saved and say, i'm still here because here is the simple principle. sometimes you have to get smaller, then you get better, then you get bigger. it's a principle of free intersurprise. >> gretchen: isn't it a principle of the way in which american business runs? >> yes. >> gretchen: how can you parce out only private equity and are american people going to buy it? >> they're not going to buy it. i have this principle that 50% of the american people are clueless to everything outside of their own little world. and so that's who they're talking to with this story about bashing bain. and you're right, this is how free enterprise works. unfortunately, the democrats are revealing the fact that they do not understand business and free enterprise. they believe america runs on free stuff. >> brian: i have to ask you, if this is happening to you, the attacks are coming in your direction, which they were for quite a while. and you were the bain capital guy, do you go and attack each and every attack ad, ampad one day, steel company the next day, or do you make an overarching statement? what is the tactical thing to do? >> i would make a statement to refute it and say it's not true and get right back to 6.4 million people more are now in poverty since president obama has been president. we now have the long-term unemployed has nearly doubled since he's been president. in other words, pivot back on message. don't fight each one of these individual accusations. >> gretchen: couldn't mitt romney say what we talked about just ten minutes ago and say, here is how private equity works. if i didn't invest money in these companies, more people would have lost their jobs and the companies would have gone belly up before i did? >> excellent. that's the way it should have been issued and pivot back on the things that are important. how are we going to create jobs with the economy? by cutting tacks. the democrats don't have cutting taxes in their dna. you had a report coming from a man named doocy out of washington this morning. excellent, by the way. now a governmental agency is saying, we're headed for a financial disaster at the end of this year if they do not do something about this tax code. guess what? do you know what congress is real good at? doing nothing! so this absolutely scares those of us in the business sector that those rates are going to go up. obama is going to say, well, they didn't give me anything to sign. they're going to go up and we are headed for that cliff. >> steve: my son is going to be so impressed that you just quoted him on world wide television. >> i did. when you do a good report and it's factual, i will remember it. >> steve: thank you very much. >> happy to be here. >> gretchen: still ahead, they're in the country illegally. so should illegal immigrants be able to get driver's licenses? why you may want them to next. >> brian: and if the supreme court delivers a knockout punch to obamacare, will the future become the new 2012 battle ground? peter johnson, jr. on the case ♪ [ engine turns over ] [ male announcer ] we began with the rx. [ tires squeal ] then we turned the page, creating the rx hybrid. ♪ now we've turned the page again with the all-new rx f sport. ♪ this is the next chapter for the rx and the next chapter for lexus. see your lexus dealer. >> steve: we've got a fox news alert. a massive search underway for an american doctor and four other aid workers kidnapped by armed gunmen in afghanistan. no one at this point has claimed responsibility. former first lady nancy reagan recovering from broken ribs. she fell six weeks ago at home. the announcement was made yesterday because she was expected to attend a speech at the ronald reagan library. peter? brian? >> brian: thank you for the toss. is the left applying pressure on chief justice roberts ahead of the health care ruling? that's the allegation being leveled by critics on the right who say politicians and even the liberal media are trying intimidate the high court. joining us right now, peter johnson, jr. is that what you're seeing? >> absolutely. and obamacare is delivers a knockout punch, which i think it will be, the supreme court may become the battle ground for the 2012 election. we're seeing it in a lot of liberal publications, a lot of liberal blog, tremendous amount of pressure on the supreme court and even pressure in the halls of congress. let's hear what senator lehay had to say on this issue. >> i trust that he will be a chief justice for all of us and that he has a strong institutional sense of the proper role of the judicial branch. acting on the basis of the personal views would be the height of conservative judicial he can niche. >> brian: i'm not sure what he meant, but he's trying to intimidate the supreme court? >> we've seen a pattern of disdain and contempt for the supreme court and a restatement, nonfactual statement of what they will do. >> brian: to you think they look at that and say i better change my ruling? >> i hope not. but our justices are human. they're merely human. and so to have this kind of intense daily pressure on the internet to say, listen, you're not going to be patriotic if you vote as a justice against obamacare. you're not going to be comporting with the past rules of the supreme court in doing it. it's a violation of the law. and then we see on the blogs, oh, well, if they do this, they're doing it to upend the obama presidency. so now we have a continuation of the bush decision in 2000. what kind of supreme court is this? this will become an election year issue as to the future of the supreme court. >> brian: an example of intimidation. random headline, one from slade, a court of radicals. if the justice strikes down obamacare t may have grave implications for the court itself. another example, bloomberg, healthcare challenge evokes high court clash. >> the supreme court is saying, i will survive. no matter what happens here. presidents come and go. the supreme court is there and that's why they're there for life. they're not supposed to be buffeted by the political winds. but the winds are getting stronger and they're getting heavier every day and they're going to get worse if the supreme court shows courage on obamacare. >> brian: when do they think they'll get a verdict? >> they say in june. they're not held to any deadlines. but we anticipate a determination in june and it's going to inform the electoral process going forward to november, however they determine it because it will shape political activity. if it's not overturned, the republicans get back into action and say, elect us so we can overturn this and repeal obamacare. >> brian: they'll say, let's forget about the mandate -- >> legal and political. >> brian: peter johnson, jr., two issue, one man. thank you very much. 27 minutes after the hour, so much for civility. a union leader on camera using governor nikki haley as a pinata. >> wait 'til the face comes around, whack her! >> brian: nikki haley with her reaction live this morning. and facebook status in trouble? the stocks are plunging. that's not the only problem. charles gasparino's phone works in the hallway. why does his work there and mine doesn't? that and more coming your way does your phone share what you are seeing and hearing right now with the touch of a button ? droid does. does it post it instantly to facebook with sound ? droid does. droid with color for facebook. it's the ultimate status update. get a droid razr maxx by motorola for only $199.99. 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[ gasps ] think again. try charmin ultra strong for a clean with fewer pieces left behind. its diamondweave texture is soft and more durable so it holds up better for a more dependable clean. fewer pieces left behind. charmin ultra strong. >> steve: we have been celebrating fleet week for many years here on "fox & friends." take a look. in the background, the tall ships are always the first to come through. this fleet week 2012 is the bicentennial of the year of the war of 1812. >> brian: a war we thought we were getting anilated. we fought back, the flag was still flying and we got a national anthem out of it. >> steve: we did. >> gretchen: here they come. they'll be here throughout the memorial day weekend. it's called fleet week. and we're getting ready here in new york city. >> brian: do you want to hear a story that i believe is true? >> steve: absolutely. >> brian: you want to know why the bombs bursting in air and the flag was still there? because they were able to figure out how far the cannon balls would have to be out in order to not hit fort mchenry. so they sunk a whole bunch of ships in the harbor to stop the ships from destroying the fort. the bombs bursting in air while francis scott key was hanging out in a boat as a reporter writing this stuff. >> steve: that's yankee ingenuity. >> brian: very good. this is after washington and irving burned. there was a country on its heels. >> gretchen: thank you for that history. >> steve: federal regulators investigating if the bank that handled facebook's initial public offering, morsen stanley, selectively informed clients of bad news before the stock started trading. >> gretchen: it's turning out to be a disaster for facebook. joining us, charlie gasparino. regulators looking into this now. did the bank do anything wrong? >> i think it's pretty good for facebook. they walked away with a lot of money. they sold the shares. it's turned out to be a horrible deal for the small investor. the small investor got in this at various points of the day, trading was disrupted, the nasdaq, which was the exchange they sold it through, totally dropped the ball. morgan stanley, underwriter of the deal, basically priced it too high. this has been a debauchle for small investors. maybe morgan stanley did this. i will say this about this deal, if you bought it, i don't care if they broke the law on this, you should have known going in. the average guy, that this company is problematic, look at the business model. >> steve: how do they make money? >> why do i need to see my high school girlfriend's picture? >> steve: that's a whole nother show! >> after hours. but all i'm saying is, think about t it's business model predicated on seeing people that you know having them post on-line that they're making spaghetti sauce and clicking on an ad on the side. >> gretchen: wait a minute. you don't have a problem with the bank doing anything illegal, if they did? >> i'm saying if they did, okay, it doesn't negate the fact if you're a small investor, you should have known 'cause the warning signs were here about -- >> gretchen: wait, why would people know that? look at facebook. it dominated our culture and the world the last five years! >> there were 45,000 story, including one i wrote. if you're a small investor, there is something called google which actually works pretty good. you can look this stuff up. those stories pointed out that facebook's revenues were declining massively. those stories pointed out that -- days before the ipo, gm pulled its ads. there were tons of signs out there. now, does that mean i like what morgan stanley did? of course not. but i'm telling you, it's the same thing with the mortgage crisis. remember people were like, oh, these brokers were sleazy. guess what? you make $50,000 a year, you take out a $500,000 loan, you got to know. >> brian: the report is morgan stanley knew the sales were not great prior to the actual issue of the ipo. >> they knew an as pentecost of- did she aspect of the sale. >> brian: then the people, like the average person trying to go buy shares think they have one value and they have a different one. >> morgan stanley sole those shares because they believed they could sell it. the average person was going to buy it at that price range. we should point out that the average person doesn't have to buy at the top of the market. the average person can wait as the market settles, as it does, and buy at 32 or for all i know, next week at $20 a share. listen, sophisticated investors i talked to tell me that they're back in this thing when it hits in the low 20s. >> brian: low 20s? it's at 32 now? >> this thing could be a gazillion dollars. >> steve: thank you very much. >> gretchen: the rest of your headlines. troubling warning now from the congressional budget office. officials say the united states is heading toward a, quote, fiscal cliff and will fall off of it on january 1 if lawmakers do not extend the bush era tax cuts. the cbo also warning lawmakers not to go through with planned spending cuts to the pentagon and other agencies. they say that, too, would throw the economy into a recession next year. >> steve: imagine frantically dialing help on the phone, 911. but instead of getting help, you wind up with complete silence, followed by snoring. happened to a woman whose husband was having trouble breathing. she dialed 911 and got this. >> hello? hello? hello? >> hold on one second, ma'am. let me try and get them on the line again. >> okay. >> put one hand on his forehead. the other hand underneath his neck and tilt his head back. >> yes. >> steve: i'm glad to know there is a second dispatcher. >> brian: no kidding. >> steve: valley her husband was taken to a hospital in maryland and he'll be okay. the dispatcher placed on administrative leave with pay. he was apparently 17 hours into a 24-hour overtime shift. maybe that's part of the problem. >> brian: south carolina union leader playing pinata with governor nikki haley. don dewitt beat a pinata with her face on it. >> whack her! give her another whack! >> brian: doesn't look like a don. but i assume donna. she did this in front of our colleagues at a retreat. governor haily said, quote, and tweeting this, wow. i wonder if the unions think this kind of thing will make people take them seriously. the afl-cio saying there is absolutely no place for that kind of joke. conversation that is extremely serious about how to rebuild our middle class and our country. there is plenty to talk about in governor haley's awful record. that's going to help, isn't it? good job. >> gretchen: just call them a bunch of party animals. man arrested after trying to bring a parrot and a zebra to a bar. >> steve: so a guy walks into a bar with a parrot and a zebra. >> gretchen: the exotic pets in the front seat of gerald reader's pick up truck. >> brian: was eddie murphy driving? >> gretchen: his girlfriend says that's just a normal saturday night in iowa? >> they love going for rides. they're just a part of the family here. we don't have little kids here, so these are our kids. >> gretchen: oh, my gosh. i sense a new reality show coming our way. the bar would not allow them inside. that didn't stop him from enjoy ago few drinks on his own. oh, no, this guy. oh, that guy, i think h a few drinks. police showed up just as he was leaving and busted him for drunk driving. with the parrot and the zebra riding shotgun. that's a story. >> steve: no kidding. >> gretchen: that is a story. >> brian: can you have too many twists in a story? >> steve: never. look at this video being released, one year after the tornado ripped through joplin, missouri. it shows what a twister did inside the emergency waiting room at st. john's mercy hospital. the tornado sweeping up everything in its way. a new facility is currently being built in joplin. meanwhile, one year later, let's take a look. it's dry in joplin, missouri and much of the central plains states. a little rain in the northern plains. a little rain in the central atlantic region. a little rain in portions of new england and a little rain in south florida. otherwise it is predominantly dry across much of the land. current readings as you ahead out on this wednesday in may, 73 right now in dallas. about the same for san antonio. mid 70s along the gulf coast. warmer down south in portions of florida. today's daytime highs, almost 100 in west texas. mid- to upper 80s in the mid atlantic. 70s in portions of new england and 90s across much of florida. in colorado today, 75. >> brian: why would you bring that up? >> because that's the stay where apparently some activists for people who are in this country illegally would like to see them able to drive cars and get -- well, currently they can drive cars, but get legal driver's licenses to do it. >> gretchen: up until 1999, all colorado residents could obtain driver's licenses or i.d. cards without regard for their immigration status. then that apparently changed. now they're arguing, some people, that it might be a good thing if you allow illegal immigrants to get driver's licenses for safety purposes. for example, if you get into a car crash with somebody who is here illegally and they don't have a valid driver's license, then they don't have any insurance. so that may be one of the reasons. here is the other thing, they want to make the immigrants prove that they have contributed to colorado by paying taxes, as well as having valid identity documents and being able to prove the person seeking a license lives in the state. >> brian: we have both sides of this very issue in colorado which is the ultimate purple state. listen. >> here in colorado, we have the opportunity to make our roads safer and our communities safer and encourage people to report crime and be a part of this community. >> they have broken the laws of this country to be here in the first place, why should we give them documentation to justify why they're here? just doesn't make sense. >> steve: so right now in colorado, they're having a petition drive. they've got to get a certain number by august. it's not going very well for them. here is one of the things they say. one of the problems is the people who would benefit from this can't actually register because they have to be a registered voter. if you're in the country illegally, you can't be a registered voter. >> brian: immigration will be a huge issue in colorado. we'll follow this. weigh in with us on twitter. >> gretchen: coming up next, take a good look at this picture. does it look weird to you? after cory booker defended mitt romney, many people now wondering about the idea of a bipartisan ticket? could it happen? larry sabato peeking into his crystal ball next. >> steve: eight chefs competing in the "fox & friends" great american grill-off. somebody is going home with the trophy by the end of the show. who will it be? >> brian: through steve's taste buds people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 92% of people who tried it said they would buy it again. visit fastreliefchallenge.com today for a special trial offer. withhe bankamericard cash rewards credit card, we earn more cash back for the things we buy most. 1% ca back everywhere, every time. 2% on grocers. 3% on gas. automacally. no hoops to jump through. no annual e. that's 1% back on... wow! 2% on my homemade lasagn 3% back on [ friends ] road trip!!!!!!!!!!!! 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[ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ changedng you do what you do... my life.aidsven better. i feel so much younger. my husband was able to hear little things again, like the laughter of our grandkids. it's amazing. i can have fun with my friends again. ready to reconnect with your friends and family? the aarp hearing care program provided by hearusa can help you get back to living life. call hearusa... your satisfaction is 100% guaranteed. aarp members enjoy exclusive discounts on a wide range of digital hearing aids for crisp, natural sound even in crowded environments, with a 90-day risk free trial from providers you can trust. i'm enjoying my freedom again. even conversations in noisy restaurants are easy. not an aarp member? join today. and then take advantage of the aarp hearing care program provided by hearusa. call hearusa ... and reconnect with your world today. >> gretchen: it seems the mayor of newark, new jersey, cory booker, and republicans may see eye to eye when it comes to mitt romney's record at bain capital. so will putting a moderate democrat on the ticket help mitt come november? will we ever see a bipartisan presidential ticket? professor larry sabato from the university of virginia joins me now. good morning to you. >> good morning, gretchen. >> gretchen: all right. so what are the chances, because cory booker seems to agree at least with one tenet of the republican party as far as private equity goes, what are the chances he would ever be a consideration for mitt romney, a bipartisan ticket? >> the chances are some where between zero and zero. look, they agree on one thing, all right? but they disagree on far more. there is a big gap, a big gulf between the two parties today on specific policies and general ideology. look, we all like a good rendition of kumbaya. we all want to join hands and pretend we got along but that's not the way our system works. it's about choice. so no. it sounds good. it would never work. we talk about this every four years. mccain thought about putting joe lieberman. >> gretchen: that was a serious consideration, wasn't it? >> it wouldn't have worked. it would not have worked. the republican convention would have blown up because of lieberman's views on abortion, gay rights and other issues. john kerry on the other side was going to recruit john mccain in 2004 to be his running mate. of course, that wouldn't have sold either. they disagree on more policies than they agree with. look at their voting records in the senate. gretchen, you got to think about the worst case scenario. what would happen if a ticket like that were elected and god forbid, the vm had to succeed the president during -- vm to succeed the president during the term? you would have a wholesale change in policy that people didn't vote for. >> gretchen: very interesting. what about the fact that some people believe that mitt romney should too just the opposite of that and pick somebody who is deemed more conservative than he is? >> well, i would say he should look at the polls and see that incredibly after a very divisive nominating process, he has already completely consolidated the republican vote. he's at -- he hasn't consolidated it. president obama has consolidated it. he doesn't really have to worry very much about republican enthusiasm. they're going to be there for him because they want to get rid of president obama. >> gretchen: so if you look in your crystal ball, would you recommend then to mitt romney that he pick a vp from a swing state since those help to determine the election? >> you know, i'm just very centered on the electoral college. i'm simple that way. i actually think the election is about accumulating 270 electoral votes. i know that's wrong, but i can't help myself. so i would pick a swing state person who is kind of vanilla. maybe ron portman from ohio that everybody talks about. remember, gretchen, vanilla is the most popular flavor in every ice cream parlor in america. >> gretchen: so i've been told. all right. i'm sticking with, let's see, coffee, i think. larry sabato, always great to think with you. making me hungry. >> okay. >> gretchen: coming up next, eight chefs competing in the great american grill-off. first let's check in with hemmer for what's on at the top of the hour. you're jealous, aren't you? >> indeed i am. i'll take the strawberry or chocolate. good morning. a fiscal cliff, that's where we're headed if congress does not act. does that sound familiar? the leader of the american catholic church not backing down. we'll explain that today. could a little known law pushed by democrats 20 years ago sink health care? your 401(k) could be headed for a tumble. we'll explain that when martha and i see you in about ten minutes on "america's newsroom" [ duck yelling ] [ male announcer ] find out more at... 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[ male announcer ] the security of a 2012 iihs top safety pick. the volkswagen passat. that's the power of german engineering. right now lease the 2012 passat for $209 a month. >> steve: time to do some grilling. two hours ago we started. we brought in wall -- wal-mart has, eight of the finest grill masters and we're having a cookoff. >> gretchen: scott neil is back. >> smells unbelievable, doesn't it? >> gretchen: i'm actually into this grill perfume smell. >> we're really excited about this new line of choice beef. usda inspected. it's the best choice that you can get. we're working with kingsford and coke. we've been working working withe chefs around the country to bring them here, eight markets. been a fantastic promotion. >> brian: give us an idea of what we have. >> this is a grilled rib eye. coca-cola reduction. >> gretchen: coca-cola? >> coca-cola. >> you got to try that. very good. >> y'all dig in. >> steve: very nice. of course, all these steaks are available at wal-mart, which is america's biggest grocery store. next up, david rook. wine garten in st. louis. good morning to you. >> how are you doing? >> steve: what's your secret? >> dry rub and baste it with garlic but ther and serve it with a natural beef juice. >> steve: okay. >> brings out the natural beef flavor. >> brian: whose idea was that? >> my idea. >> brian: good job! >> steve: you brought your brother? >> we had a family showdown and i came out on top. >> steve: it will be a tense christmas. >> brian: the other brother was in "the thorn birds". >> steve: is that rosemary? >> yeah, and fresh bay leaf out of my garden. we baste the meat with this and then served with a little pepper. balsamic sauce. we put smoked sea salt on to finish, a little balsamic. >> gretchen: i like the sauce. >> steve: final contestant, from tampa. >> good morning. >> steve: what's your secret? >> i did it nice and simple with some seasonings and everything you can get at wal-mart. a little brown sugar, thyme, cumin, chili powder and ever glade seasoning. himalayan rock salt. and just gets a nice crust. carmelizes, something anyone at home could do. >> gretchen: that is nice and simple. >> steve: the way we like to keep it. >> brian: what would winning mean to you? >> everything. it's a great group of guys here. all these guys are top notch chefs. i've already won. >> brian: you've already won best pants. >> thanks so much. >> steve: we're going to take a quick timeout. when we come back, we'll tell you the top two edge -- finalists. round of applause for the guys with the meat! 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[ all ] i'm with scottrade. ♪ nespresso. where there's a grand cru to match my every mood. ♪ where just one touch creates the perfect cup. where no one makes a better cappuccino, latte, or espresso than me. and where clothing is optional. nespresso. the best cafe. yours. >> brian: steve, the two finalists are? >> steve: ladies and gentlemen, they are daniel mimic from san antonio, and ronald pilin! you're our final two contestants. we'll have a grill-off in the after the show show! >> gretchen: more steak? have a fantastic day, everyone. see you tomorrow. >> steve: i need a tooth pick. bill: that was old school too. good morning, everybody. president obama hitting rough waters in this primary process getting competition from unknowns or no candidate at all. last night's primary in kentucky, four of 10 democratic voters, that is about 42% picking uncommitmented over the president. morning everybody, i'm bill hemmer. welcome back to "america's newsroom." got the team back