raging wildfire heading to the air force academy. these pictures of the waldo canyon fire taken of the academy last night. burning more than 10 acres of the campus so far. it's moving at a rate of three to four football fields an hour. it's destroyed about 300 homes but firefighters say the smoke, flames still too thick to actually get an accurate count. debby, talking about storm debby leaving florida a soppy mess this morning. this once tropical storm dumping 30 inches of rain before heading out to sea, washing out lots of roads. neighborhoods still look like lakes in many cases. in some places, the water might not recede until sometime next week. it looks like j.p. morgan chase could lose a lot more cash from the trading debacle than originally thought now. "new york times" reporting that the banking giant could be out now $9 billion. that's a whole lot more than the $2 billion c.e.o. jamie dimon predicted a few weeks ago. we'll know more when they release the second quarters earnings reports on july 13th. it's chump change. after 70 years the first group of african-american marines received the nation's highest civilian honor. 400 premented with the congressional gold medal when they first enlisted, segregation was still in place. these marines only allowed to provide supplies on the front lines. eventually they fought side by side with their white fellow marines and those are your headlines this morning. >> many of them were at iwo jima right now. >> it's been one of the best kept secrets in the nation's capital. in four hours, we'll learn what the nine justices of the supreme court have ruled on whether or not president obama's health care law is constitutional or unconstitutional. >> that's just how the day is starting. steve centanni live at the supreme court with more. hey, steve. >> good morning, brian. steve, yeah, three months after a very unusual three days of oral arguments on the health care bill here at the supreme court, we're finally going to get the answer. will the supreme court uphold the affordable care act? especially the individual mandate part of it or will they not? we'll find out in about four hours from now. there are really four parts to this riling. they're going to rule on whether or not they have jurisdiction in the case at this point, if they decide they do, they're going to decide whether they like the individual mandates, the part of it that compels people to buy health insurance to join these exchanges and if they keep that in place, there's the severability law. if they don't keep it in place especially there's the severability part of this which decides whether or not other parts of the law will stand or fall and then finally a separate issue, expansion of medicaid. that's on the docket as well. so all of this, of course, has major complications for america's health care system. an estimated 30 million new americans would have health insurance ultimately if the individual mandate, if the whole act is upheld. also, huge implications for the presidential race, of course. president obama hoping for a win here to validate his signature legislation. and the g.o.p. candidate mitt romney has, of course, supported a measure very much like this when he was governor of massachusetts and now he's saying on a national level, he would work to repeal this if it's upheld by the court today. so we should watch for the swing votes, anthony kennedy and the chief justice john roberts to see which way they go on this. we'll find this all out just after 10:00 when the opinions are handed down inside the courtroom you see behind me. people already in line here since last night to come in and witness history and hear that opinion being read by the nine justices. back to you guys. >> the meter is running four hours from right now. steve centanni, thank you very much. he'll be there all morning long. >> we know how the experts feel. we have everyone weigh in on both political sides. how do you feel about it? how should the supreme court rule on this new health care law if you had a chance to vote on it today? here's what the polls are revealing. >> new fox poll. >> the new fox poll is revealing to us. who wants the whole thing overturned? 38% of you. who wants to uphold it as constitutional, leave it as it is. 30%. so there's not much of a split. keep most of it together including the mandate. 21%. >> so when you add the 21 with the 38 -- >> i should say invalidate mandate. >> when you add who wants to invalidate the mandate with the overturn, a majority of americans don't like what we got right now. >> mandate for a refresher course before the biggest day, one of them in u.s. supreme court history is you would be forced to buy health care or you would face a penalty. and many of these small businesses and frankly big businesses across the country have said, you know, we might just pay that penalty because it would be so much more cost effective for us than putting all of these people on health care when costs will probably increase even though the promise was costs would not increase. >> so if the supreme court does, at 10:00 this morning, rule that the health care law is unconstitutional, what should congress do? well, you say 47% a plurality of you say, try passing modest reforms. you know, there are parts of it that people like. keeping their kids on up to 26, they like the fact that no pre-existing conditions and no lifetime caps. meanwhi meanwhile, 24% say keep pushing extensive reforms. only 1 in 4. about 1/4 of americans say just stay out. butt out of health care! >> meanwhile, senator ryan johnson will be with us shortly. what are the republicans going to do if this whole thing is overturned? we'll see if they have a plan waiting to go. other thing to keep in mind that i didn't know. you know the kids that want to stay on insurance up to 26. less than 1%. people say it's so popular. less than 1%. >> if you're 25 1/2, you probably like it. >> yeah. >> but other than that -- >> and it's already in may. >> so we pretty much. if you were going to put any bets on this today, you would say four of the justices who have been appointed by democrats would be in favor of keeping the health care law in its place. three were appointed by republicans who would probably say it's throw at least most of it out or part of it out so the swing votes really come down to justice roberts, the chief justice and justice kennedy who usually is the swing vote on the court. so a former clerk for justice kennedy had this prediction about how it might go. >> justice kennedy is committed to a principle in our constitution called federalism that basically says the federal government does some things and the state government does some things. justice kennedy believes that splitting sovereignty between the federal government and the state government leaves all of us more free than when it's consolidated, that's the question here. has the federal government gone beyond its proper boundaries by seeking to force people in commerce when they're not otherwise in there? >> that's the big question. >> remember his questions, though, they were so pointed. that's what everybody -- had everybody thinking, well, this thing is going to get overturned. they were so pointed and he had a lot of deep questions and in the follow-up, didn't seem happy with the answers he got. i wouldn't be surprised if elaina kagan went on the side of the president. >> the solicitor general in charge at the time -- i think you're joking. we should poin out the questions from the justices on the immigration debate seemed as if they were going to keep that law intact and they didn't for the most part so, you know, sometimes their questions can be probing but you can't necessarily make all your predictions based on the probes. >> but it's not going to be just a one news story day. no, no, there's another big one and that is barring some sort of last minute deal, eric holder could become the first attorney general in american history to be found in contempt of congress. there will be two resolutions. one before the full house although it sounds like some members could walk out of criminal contempt. the other of civil contempt. if the civil contempt resolution is passed, that means that essentially the house can go to the courts and say, we want those papers, turn them over but the court is unlikely to get involved. >> what are we talking about, of course? fast & furious and the idea that many republicans believe and some conservative democrats that the attorney general of this nation has not been forthcoming in handing over all the documents in relation to that entire situation. >> the whole thing was debated last night on hannity and on the sean hannity show and if you listen to jay carney, he has one point of view. karl rove has a different point of view. let's listen. >> it will be viewed for what it is if it takes place and that is as political theater. an action taken by congress that does not respond to the most important priorities of the american people and the kind of political gamesmanship that frustrates the american people so much about what happens in washington. >> jay carney may throw this off on politics but the death of the united states law enforcement official is worthy of congressional review and if the administration wants to stone wall that review, it's going to have to pay a price. there's a lack of respect for the constitutional prerogatives of the judiciary, and of the legislature and an appalling disregard for the constitutional limitations on the presidential power by this white house. could you imagine if george bush had said i'm going to unilaterally declare a certain group of people are exempt from the laws of the united states. >> he's got a good point. meanwhile, how do you feel about what's going on with this contempt of congress fight in washington, d.c.? well, when asked about it -- about 38% of you feel like there's been some sort of a cover-up by the white house. about a third say it's a witch hunt by republicans in congress. 12% say both and about 1/5 of the nation unsure. just not up to speed on fast & furious. >> if they go ahead with this contempt vote in the house and it looks as though they are and it looks about two dozen democrats will be joining republicans, as many as two dozen democrats will be joining republicans in voting and finding him in contempt of congress, there's going to be a group that plans on walking out and that's the congressional black caucus. they're hitting the road. >> at least some of them because i would assume there are republicans amongst that group who probably would not be showing that they would be walking out but i find it interesting because they say that they believe that a witch hunt and political stunt to find eric holder in contempt of court. isn't walking out a political stunt as well? is that the right way to approach this? you be the judge. >> i don't think race is involved. i'm staggered that they walk out, that's what they're implying. i don't think race has anything to do with it. >> all right. 13 minutes after the top of the hour. the clerk at this store refused to let somebody buy cigarettes with food stamps. so why was she fired? you're about to hear from her. >> then, a quick thinking cop rescues a man out of his burning car. this is the third time he's saved a life. >> is his name cory booker? >> no, he only had one. 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( dog barking ) this is the plan that revolves around you. introducing share everything. unlimited talk. unlimited text. and a single pool of shareable data that powers up to 10 devices. the first plan of its kind. share everything. only from verizon. you're entered for a chance to win a trip to the olympic gam for life. to cheer the summer athletes to new heights, starting in 2016... as you experience every moment, every emotion, every four years... for the rest of your life. visa. supporting athletes and the olympic games for 25 years. people everywhere go with visa. >> like the doctor or health care plan, you can keep it. if you don't have insurance, you'll finally be able to afford insurance. and everyone will have the security and stability that's missing today. >> well, that was the president's 2009 promise to revamp the entire health care system coming at a serious cost, though, so regardless of what the court's decision is today, republicans are trying to decide what they will do next or have they already made up their mind? wisconsin senator ryan johnson sits on the house appropriations subcommittee for health and human services and he's got a rich business background. that rode him into his position today. senator johnson, predictions on outcome first? >> good morning, brian. we really don't know. obviously, what i hope happens is the supreme court rules the law unconstitutional. and wipes it all off the slate so we can start off. put individuals back in control of the health care. >> and if they do wipe it out, what do republicans do next? a lot of people, even though 49% of the country wanted out, 39% wanted to stay, you still -- they were still going to look to republicans to replace it. >> sure. first of all, we put individuals back in charge on health care. and i think you restore state leadership in this area. not federal government. what you won't see from republicans is the 2700 page bill. 12,000 new pages of rules and regulations. you really see basically a step-by-step approach, taking a look at every last one of these issues, trying to restore free market discipline back into the health care marketplace. allow people to buy insurance across state lines. really take a look at the cost of defensive medicine. try to reform our tort system. those types of things that would actually start restraining the growth and costs. people can realize lower health care costs. >> outside, of course, you're against it. you wish it didn't happen. but if they just strike the mandate down, what would you be -- what would your greatest concern be then? >> well, even the democrats said that without the mandate, so much of the provisions of the health care law simply don't make sense. and it just simply is not workable. so i really do think that the mandate gets struck down, the entire law should go and regardless of what the supreme court does, republicans, certainly governor romney is absolutely dedicated to full repeal. that's what's so important about the upcoming election. >> everybody knows about your rich business background. what would it do for business tomorrow? the next day, to have some certainty either way? >> this is certainly one really large component of the high level of uncertainty in the business community. people don't know what they need to do to deal with it. this administration has shackled small businesses with all kinds of rules and regulations that are ramping up that level of uncertainty so a new attitude in america, you know, basically like in wisconsin, scott walker said wisconsin is open for business. it would be pretty helpful if the president of the united states said you know what? america is open for business. we actually want to make america an attractive place for business investment and job creation. take a whole different attitude than what this administration is providing. >> same study that fox news did showed 47% want modest reform. what is modest reform, the republican version of modest reform? >> again, i think you take a look at what are the real cost drivers? i've seen studies that show the cost of defensive medicine from 1/4 trillion to 3/4 of a trillion dollars per year. you know, you start addressing the real cost drivers of health care, that's one of them. you know, again, put free market systems -- or disciplines back into the system, you know, things like hsa's, allowing people to buy insurance across state lines. again, the free market is a marvelous thing in terms of controlling costs. it's been absent from health care for far too long. >> look forward to talking to you afterwards. the decision comes down at 10:15 eastern time and everything changes and everybody is affected. thanks so much. >> keep your fingers crossed. >> next on the rundown, benjamin franklin would be proud. how the united states army is using lightning in the war on terror. i played benjamin franklin. i'll talk about during the break. this clerk refused to let someone buy cigarettes with food stamps. why is he fired? we'll ask. dude u don't understand, this is my dad's car. look at the car! my dad's gonna kill me dude... 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>> that makes sense, i guess. she was fired for taking a stand. a cashier at this new hampshire convenience store lost her job for refusing to let customers buy stuff like redbull and cigarettes on their government food stamp cards. that cashier is my guest this morning. good morning to you, jackie. >> good morning! >> tell me what happened in the specific instance where a young man, 20 years old tried to come in and buy cigarettes. he was using his e.b.t. card, a government-issued food stamps card, right? >> well, what happened is i asked for an i.d. and he handed me an e.b.t. card and i was unaware of these cash cards that they're allowed to buy beer, cigarettes or whatever, and i told him that he couldn't buy them and he said he could. and the gentleman behind him and the woman behind him i mentioned to the young man, i said do you think that the three of us as taxpayers should be paying for your cigarettes? and he thought we should. and anyway, he -- it ended up that he left. the next day or that afternoon, a woman came in and she said that she was his godmother -- i'm sorry, foster mother, and that i was wrong. that i should have sold him the cigarettes on this cash card. and then she complained to me -- about me to the home office in maine and they called me and said that i had to sell to these people. on these cards. >> so ultimately, even though people who are actually standing in line behind this guy and agreed with you as taxpayers as well, you were fired from your job? >> what happened was that when they told me that i had to sell to these people, i said that i would bow out gracefully because i wanted no part of it. and that i would be giving my notice. and so the next morning, my manager at the store about 9:00 in the morning came out and said, how much notice are you giving them? and i said a week or two weeks, whatever it takes. and she said the home office just called, she's standing there with tears in her eyes and said the home office just called and you're all done today. >> wow. you know, we did some research here at fox and i just want to put some things up on the screen, if we can, with regard to what federal law allows as far as selling -- using these types of cards. do we have that information? ok. let's put it up on the screen. so households cannot use food stamp benefits to buy beer, wine, tobacco or cigarettes. foods that are hot at the point of sale. foods to be eaten in the store. vitamins or medicines, now, here's what you can buy. you can't buy pet foods, nonfood items. what can you buy, though? can you put that up on the screen? we don't have that. it's your understanding, jackie, there's a difference between an e.b.t. card, a food stamp card and an e.b.t. cash card. is that true? >> absolutely. absolutely. the state, they do not allow toilet paper to be bought on the e.b.t. grocery cards but on the cash cards, it's like a debit card. and people can go to an a.t.m. and get cash and do with it whatever they care to. or they can use it for beer, cigarettes, it's my understanding that they have been used in tanning salons, tattoo parlors, etc. >> seems to be a disconnect in my mind on that. and you seem to also see that disconnect as a former clerk and so you are now to petition the governor? >> yes, i am. >> in what way? >> i have a lot of people -- support of this has been overwhelming to me and i will be sending the petition to the governor to dissolve these cash cards because the statistics that the state has given out that for 2012, the benefits so far this year is $36 million. >> ok. >> well, that's a lot of dough and you had a problem with that and you took a stand and it cost you your job. here's a statement from your firm. we reached out for a statement from the owners of the big apple food stores. they did not give us a response. jackie whiten, keep us posted as to what happens with your petition. good to talk to you this morning. >> i'm sorry. >> i just said good to speak with you and we'll be in touch. >> ok, thank you very much for having me. >> ok, jackie. have a great day. >> you, too. >> so much for that recovery that he's supposed to be touting. it turnlz out vice president joe biden thinks now we're in a depression instead? the latest one for his oops column. and then three kansas brothers making farming look sexy? the song that will be in your head all day. maybe biceps, too. 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[ male announcer ] the new tempur simplicity beds -- surprisingly affordable and all with a 10-year warranty. to learn more or find an authorized retailer near you, visit tempurpedic.com. tempur-pedic -- the most highly recommended bed in america. >> now it's time for your shot of the morning. take a look at this. brand new monument to some of our nation's heroes including some that you don't often hear about, the four legged ones. this is the first national fire dog monument and it's making its stop right here in new york city before reaching its final destination later today in washington, d.c. it was sculpted by this young man who joins us right here on our plaza who is from colorado. right? >> yes, that is correct. >> right over here, this is a first. that's the dog. that's sadie. that's who you based the monument on, right? >> yes, that's correct. i sculpted her right there right by me and it took about 1500 hours to sculpt this monument. >> ok. and the fellow who is right next to sadie is jerry means with the colorado bureau of investigation. and you're kind of the guy who spearheaded getting the money to put this together. >> i did. >> why do we need a monument to our arson dog? >> they deserve it. they work hard. they don't ask for anything. they go out every day and try to be part of the solution and not part of the problem. >> very nice. today, you're stopping here later on today, austin, you'll be in washington, d.c. this has got to be pretty daunting for a 22-year-old artist to have -- i lived in washington for a long time. i can't think of any 22-year-old artist who has got a monument in washington, d.c. >> yeah. >> where is this going to be? >> it will be at fire station 3 which is a few blocks away from the capitol building, actually. when it sits outside in a few months, it will -- over the helmet will be the capitol dome. so it will just be a few blocks away. >> and as ted gets a shot of the fireman and his helmet right there, ted, go down to sadie. tell us one thing that's happening when you've taken the monument across the country when real dogs walk up there. >> they actually have been scratching the base trying to go and sniff the dog or bark at it or even bite it. >> they think it's a real dog. >> they think it's a real dog so i'm pretty amazed about that. >> no kidding. hats off, by the way, to the american humane association and to state farm that put this all together. thanks very much for bringing sadie along for the ride and good luck today in washington. >> thank you. >> and austin, congratulations. >> thank you so much, sir. >> very, very nicely done. that's gorgeous, absolutely gorgeous. heading now down 95 to washington, d.c. meanwhile, let's take a look at what you're going to have clear sailing, fellas, nice and dry between here and washington, d.c. a little bit of rain in portions of the northern plains. otherwise, the balance of the country is dry. debby is moving out of florida for the most part. next map shows you the current temperatures coast to coast as you head out on this thursday that is to say. currently in atlanta 69 degrees. 80 in new orleans and next map will show you how hot it's going to be on this day. it will be hot in phoenix, 111 degrees there. 99 in albuquerque. close to 100 in denver once again. not helpful to those fellas fighting the wildfires out there. 103 in dallas and in memphis and even hotter in kansas city and a look at chicago. that's the hot one. 101 there in the windy and hot city. all right. that's a quick look at the fox travelcast and a visit with sadie the dog. back to you. >> a short time ago, i was out on the verandah promoting this show at which time i concluded the weather was perfect. would you also confirm that? >> you know what? it's a little breeze off the hudson. there's no humidity. i'd say it's about 72 degrees. it's room temperature as eric bolling would say. >> yeah. he looked back. and by the way, that breeze has no shot at moving your hair. >> no. >> that stays there for good. >> it is -- i've been doing it like this for three weeks now and it is immovable. >> fantastic. >> thank you. i got my own monument right there. >> yes, you do! >> all right. now to your headlines. >> get in here, please! the state of florida tried to remove illegal immigrants from its voter registration rolls but the department of justice, they sued them. a federal judge siding with florida! attorney general eric holder claimed that it violated the voting rights act and too close to federal elections in august but the judge ruled the law is designed to protect eligible voters. governor rick scott calls the ruling a commonsense decision, let the girl read. >> oh, gosh! i thought you would be done with that. after 10 days? are you kidding me? >> i'd like to talk to a gender rather than just a person. >> do some chores, it will make your wife happier. >> that won't happen. >> so much for the recovery summer. the vice president off message again declaring the economy is in a full blown depression. >> when you're out of a work, it's a depression. it's a depression for millions and millions of americans! it's a depression! >> so just two years ago this month, joe biden helped kick off president obama's recovery summer p.r. campaign, remember that? touting the success of the nearly $1 trillion stimulus but i think time has changed that opinion. >> yeah, what happened to the recovery summer? usually it's firefighters who save people from fires but this time it was a police officer who came to the rescue and even more awesome is a third time this cop has saved a life. >> wake up! wake up! wake up! >> all right, 28-year-old richard cruz pulled the driver from the s.u.v. that burst into flames over in texas. police say the driver was drunk and fell asleep behind the wheel. last year, officer cruz pulled a couple from their burning home. incredible! >> meanwhile, you've heard the song "i'm sexy and i know it." >> sing it every day. >> but we bet you haven't heard this version. >> ♪ yeah this is what i see ♪ ♪ all the hungry cattle are staring at me ♪ ♪ i got passion for my plants and i ain't afraid to show it, show it, show it ♪ ♪ i'm farming and i grow it >> i'm farming and i grow it. you're looking at the peterson brothers of kansas singing "i'm farming and i grow it." it's their ode to life growing up and working on their family farm in rural kansas. >> they should own that a little more. come on, if you're going to say a farmer and i grow it! you got to say it like you are a farmer and you grow it! >> they do it -- when you watch the whole thing, it's about 2 1/2 minutes, it's gotten a quarter of a million hits as people who see these farmers and they grow it. >> i like it! >> time for some sports. >> i got to tell you, they needed extra time, regulations to get on the train and i missed the bulk of this game and came back in the shootout. i'm talking about portugal against spain. right off the crossbar there on one of the penalty kick stops. captain renaldo, could be the beginning of the end and it is. that's the winning penalty kick giving spain a 4-2 win. renaldo the best player in the world never got a chance to shoot because they waited for the final round to put him there. spain will face italy or germany in the finals. meanwhile, the nba draft tipping off tonight in new jersey. kentucky's anthony davis widely expected to go first to the hornets, the bob cats pick second followed by the wizards, cleveland cavaliers and the sacramento kings. interesting to see the unabrow and how that goes over. >> it will be in new jersey, can i watch? >> yes, you can. find out what brooklyn is going to get because they have a brand new stadium. >> that's right. they do. >> coming up on our show -- >> for the first time in over a decade, the f.d.a. approving a new pill that will help fight fat. so what kind of -- what kind of results can you expect? we have details on the new diet pill. >> want to make your next backyard barbecue the best in town? famous dave's firing up the grill for us with secrets to their brisket burger. there he is. hi, dave! 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[ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios >> hi there, time for some quick headlines. i'm steve doocy. it's been proven to help people lose an average of 18 pounds. f.d.a. giving the green light to the new prescription diet drug in more than 10 years. belviq triggers a chemical in the brain that helps people eat less and feel full. it's going to be available next year. and new york congressman charlie rangel's margin of victory keeps on shrinking. the new tally giving him just a 2.8 margin of victory. percentage wise. on election night, rangel led by double digits against state senator adriano espiat and now you know the news. let's do some barbecue. >> i'm going to read something you already know about. they are america's most awarded barbecue restaurant with over 600 awards and by this morning, they're going to do something they've never done before. tell the secrets of their success. >> wow, you have to pay attention to this. famous dave anderson of famous dave's joins us live outside. good morning, dave. you are doing something special, a brisket burger today. >> summer is about grilling in the backyard and one of the best burgers that we've ever come up with is our famous brisket burger and we're going to spill the beans on how to make the best burger in america! >> ok, go ahead. >> quickly what we do is we take some burger and take about 25, about 1/4% of good, juicy brisket that you pick up at any famous dave's and you mix it into the burger like this, real simple. it's that simple. >> that simple? >> then we take and put it on the grill. put it on the grill like this and next, we take and put a little seasoning on it. >> what does the brisket do inside the hamburger to make it taste different? >> the brisket is smokey and juicy, it's been smoking for eight to 10 hours so it's got all this wonderful smokeyness. when you put it inside the burger and then you char it on a charred grill, it really goes over the top. >> right. >> and then the next thing that we do is once we start getting it done, we take some smokey cheddar cheese and we start topping it with the smokey cheddar cheese. >> you can do this on a turkey burger if you wanted, right? >> turkey burgers -- >> chicken burger, whatever you want. >> you want to get the brisket. it's all about the smokey brisket, taking layers of bacon on top. >> you put that right on the grill. you already, of course, have cooked the bacon. why do you do shredded cheese. >> this is smokey cheddar cheese. first you have the smokey brisket and you have the smokey cheddar cheese and you have the hickory smoke bacon on top. i'll tell you what, this is one tasty burger. >> no kidding. the way you pull it off like that and you do this and this is also important. you have your own seasoning on that. >> we have our own steak and seasoning, the other thing that we like to do is we like to take and really whip it up and take and put some barbecue sauce on top. i'm telling you what, this is a burger to purpose -- >> it's perfect for the holidays! >> and by the way, very good point. also, we love having you here on the concert series every friday and going to be back tomorrow as well. correct? >> right. >> back a little bit later in the show to something else kind of special. you need a bun? here. >> that has ted's name written all over it. ted is operating our camera right now. >> go ahead. >> all right, ted. that one is for you, babe. >> come on. get the burger! >> cheese. all right. we'll be back with you to learn more of your secrets coming up next hour. let's go back inside. >> bring me one of those. >> fine, here comes a commercial break but first, hillary clinton said never in a million years would she want to be secretary of state but she is. what she's doing differently that is putting her in the history books today. then they're cheap but did you know that knockoffs cost americans their jobs? can you tell which of these is the real gucci bag? the one on the left or the one on the right? how to spot a fake next. max! 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[music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. >> the old fakeout. counterfeit goods and knockoff merchandise might be cheap but costing american companies billions of dollars each year and costing the people of america jobs so how can we make sure that we're buying the real thing and not getting faked out? regina novikius is here to tell us the difference. >> good morning. thanks for having me. >> i bought some stuff on the internet and it turns out it was a fake handbag. you'll show us how to fake not only fake handbags but fake boots. >> foot wear is one of the top counterfeit products. we talked about the lost jobs. about 750,000 jobs last per year. can you guess of these two which is the real ugg? >> i got two daughters at home. i picked them up a million times. that's the real one. >> you got it right. >> how can the folks at home tell? >> the folks at home can tell, there are a couple of different things. first of all, if you look at the stitching really closely, you'll be able to tell and from the feel of it overall, the quality of it and the real ones will actually bend. you can see the show flexes like this whereas the knockoffs don't really do anything there as well. >> you mentioned the stitching. we have a close-up of stitching. the fake ugg boot screen, you can tell the difference. >> the quality of the leather overall, it's synthetic materials. >> let's talk purses! >> lots of these knocked off on the streets. we have a fake gucci. >> none of those are real, right? >> here's the deal, if you see it and it seems like it's too good to be true, it probably is. make sure you're buying from a reputable merchant. things you can look for is the quality. stitching, again, the fake logos, you know, this isn't something that you would authentically see in the store and there's a smell test. this has been airing off a little bit. it smells plasticy, that overall thing. make sure again -- >> which one is real? >> this is the real one right here. >> they all look real. >> they look real. what you want to make sure is you're getting it from the actual merchant that would be selling it for you. >> ok, so rolex does not have a $48 watch. you have three pairs of sunglasses here. >> right. hard to tell. another thing you can look for when you're shopping with the sunglasses is the fake lobbying owes on the side. here we have one that says louie v which is trying to knock off louie vuitton. if you look on the inside of the sunglasses, it says louie valentine. dolce and gabanna is not made in china. there are some clues to look for when you're looking for the real ones. >> when you look for diamonds, you just taught me something really important. this is a gigantic diamond. take it in your hand and breathe on it. >> if it fogs up, that's not a real one. if you do the breath test on it and it clouds up like that, that's an inauthentic diamond. any time you're shopping for something expensive like that, get that certificate of authenticity. we don't have one for this. that's something to walk out on. never trust because it came in a blue box it's actually coming from there. >> these are three boxes that look like they're from the manufacturer. this is fake perfume, you say, because there's scotch tape on the top. >> typically, if you're getting it from an authentic merchant and it's the real deal, this has probably been watered down but you definitely don't want the scotch tape on the top. you don't want the testers, this is not supposed to be for sale but something we found on the streets of los angeles. and so you just definitely want to, again, shop at the reputable merchants, make sure the cellophane is on there. it should be good quality. >> real quickly, one of these is a fake mac brush. i can't fell. >> the way that you can tell with the brushes in particular and with most make-up brushes is the authentic ones will have the longer handles but overall, if you feel the quality of it as well. that's something you have to do to feel it. but again, a good quality brush will cost you about $20 or so. this is a set that comes in fake leather that isn't even sold by mac even though it has the logo on here, it looks like it's real. if you feel the quality of it, you'll know it's not. >> all good advice. by the way, regina will be back with us tomorrow with more consumer tips. fantastic. >> thanks for having me. >> so louie valentine is not related to the -- >> not related to the real one. >> very good. thanks. all right. coming up, ex-penn state coach jerry sandusky just convicted of awful crimes but he's going to keep his taxpayer funded pension. how does he do that? we'll tell you. then this ring designed to keep spouses from cheating. inside, it says "married". what about on the outside? ahh, now that's a clean mouth. i wish i could keep it this way. [ dr. rahmany ] you see, even after a dental cleaning... plaque quickly starts to grow back. but new crest pro-health clinical plaque control toothpaste can help. it not only reduces plaque... it's also clinically proven... to help keep plaque from coming back. plus, it works in these other areas dentists check most. ♪ new crest pro-health clinical plaque control toothpaste. life opens up when you do. for extra plaque protection try new crest pro-health clinical rinse. mornings are a special time for the two of you...) and now you can make them even more special... with new fancy feast mornings. mornings are delicious protein rich entrées... with garden veggies and egg. each one perfectly designed... to start her day with a little love. new fancy feast mornings gourmet cat food. the best ingredient is love. >> good morning, everyone. today is thursday, it's june 28, 2012. i'm gretchen carlson. thanks so much for sharing part of your day with us. it's a big day at fox and everywhere around the country because it's decision day. will the nation's highest court strike down the president's health care law or keep it intact? the ruling just hours away now. we're live from the steps of the supreme court and the white house straight ahead. >> all right. the other big story of the day, attorney general eric holder, will congress hold him in contempt or not? the agent that started the whole fast & furious operation speaking out for the very first time. we'll have it. >> and jennifer hudson fighting back after her family was murdered. she's here with her amazing story this hour. "fox & friends" hour two for a thursday starts right now. >> well, it's going to be such a slow news day today. it's a good thing we have famous dave's out there to fill up time. >> that's when we were running yesterday's show. we taped it. >> on a loop. >> if anything happens like, i don't know, the supreme court comes down and strikes down or upholds obamacare, we'll break in. if anything happens with fast & furious, we'll move forward. if anything happens in our show, we'll let you know. >> most important thing is we don't run a taped show tomorrow. >> because all those rulings will be coming down starting about 10:00 a.m. eastern time today. so keep it right here on fox. in the meantime, we begin with your headlines this morning and extreme weather. it's destroyed hundreds of homes and now a raging colorado wildfire spreading to the air force academy. these pictures of the waldo canyon fire tape taken from the academy last night. it's burning 10 acres of the campus right now. it's only 5% contained and moving at a rate of three to four football fields per hour. it's destroyed about 300 homes but firefighters say the smoke and flames are too thick to get an accurate count. debby leaving florida a sopping mess this morning. this is an aerial view of tampa where in two months, the republican national convention is going to take place right there. the once tropical storm dropping 30 inches of rain. swamping homes and businesses, washing out roads. shallow lakes and the storm killed at least three people and knocked out powers to hundreds of thousands and in some cases, the water might not recede until sometime next week. he was convicted on 45 counts of abusing boys. that's not stopping jerry sandusky from collecting his state pension. pennsylvania law does not require sex offenders to forfeit their benefits meaning the former penn state assistant football coach is still entitled to $59,000 a year. the state retirement system says it will review the matter. but there's not that can be done. military honor will be back in the families where they belong. the medals of a world war ii sailor and his son's medals from vietnam were found at a thrift store. she made it her mission to final the rightful home and lucked out by putting the medals up at the san diego county fair. >> i'm going to miss the medals. we were the caretaker of these medals. we've done a great job on that and now they're going to go home to be honored by a family member where they should be. >> the son and brother of those war heroes will be given the medals on the fourth of july. and those are your headlines. >> the supreme court waited to the final day in the final hour in the final ruling. we could have had this last week, right? >> i asked our brain room to do some research for us this morning to find out who actually makes the decision about the timing of all of that. but so far, it's inconclusive. but what do you think about the timing of that? let us know. >> i bet it has to do with the chief justice. just guesting. meanwhile, it is a historic day in the nation's capital. the supreme court will finally issue its ruling on president obama's health care law and either way, there will be huge political fallout and we're covering it all. steve centanni is live at the supreme court and wendell goler live at the white house. let's start with you, steve. what's happening at the court? >> well, we have three hours before we get the opinion on the health care law and all eyes are on the supreme court today, as you can imagine. now, there's a line that's formed out here. we can take a look at some of these people, they have been here since 1:00 yesterday afternoon camped out all night long sitting on the sidewalk. the people sitting in line are kind of mixed in here with the cameras and the reporters. but the line goes all the way down the block and across the street and continues down there. one of the people who have been here since yesterday is smitha ramakusha. where are you from? >> i'm from arizona. >> you go to school now at harvard. >> yeah, i go to harvard. >> why did you want to be here? >> well, i mean, there's so much excitement related to the health care bill. i was watching c-span back home when all the debates were happening and i think it's such a historic moment and i had the opportunity to be in washington, d.c. for an internship so i thought what better opportunity to come and experience the process myself. >> and see history in the making? >> see history in the making. >> you're an aspiring lawyer yourself. >> absolutely, yeah. this is one of the people down here, just waiting and watching. hoping to get into the court to see this historic opinion that comes down after 10:00. back to you. >> all right, steve centanni, thank you very much. how is the white house anticipating how things are going to go? wendell goler, you're next. what's happening? >> well, steve, folks here at the white house have said all along they believe the health care will pass constitutional muster but privately, they acknowledge parts of it could be struck down if the individual mandate fails, they'll look for some other way to expand health insurance coverage but they say people will still benefit from other parts of the bill. >> 3.1 million more young adults who otherwise would have been uninsured, have health insurance on their parents' plan. 5.3 million seniors with medicare have saved $3.7 billion on their prescription drugs. and everyone on medicare can get preventative services like mammograms for free. >> either way, the president won't get much of a political bounce, though. polls indicate the health care law may be popular with his base but not overall. and mitt romney says if he's elected, he'll take it apart piece by piece. >> if the court upholds it, if they say look, it passes the constitution, it still is bad policy and that will mean if i'm elected, we're going to repeal it and replace it! >> romney says if the high court strikes down the health care law, it will be doing his work for him. steve? >> all right, fellas, thank you very much. must be a big day. we have live "fox & friends" team coverage. >> it's unbelievable. and they seem like a happy team. >> they are. >> let's talk about what you think about what's coming down today and what you expect to happen. for example, a fox news poll reveals this. when people were asked how the supreme court would rule on the new health care law, what would you like to see happen? overturn the whole thing, 38% say yeah, that would be great. uphold as constitutional and leave it intact? 30% say that's fine and just invalidate the mandate, that means 50 million people do not have to buy health insurance or risk being in violation of the law. 21% say -- >> it's interesting because when you ask people in a focus group as well what they think about this, frank luntz did just that. now, keep in mind that these were all people who voted for president obama when he was a candidate back in 2008. but they all opposed obamacare. but interestingly enough, most of them say they'll still vote for president obama no matter what! no matter what happens with health care today. watch this. >> who are the ones that voted for obama but oppose obamacare? tell me why. >> i don't like how complex it is. i don't like the individual mandate part of it. i do like the insurance reform. >> tell me ych the individual mandate that the government can force you to buy insurance. >> is there any compromise? should we start from scratch? why scratch? you want to start all over again? >> yes, i'm a physician, nobody asks physicians how to fix health care. i can give you five answers right off the top of my head that would bring down costs and give you better patient care, better quality. obamacare is a disaster! it's bad for patients, it's bad for hospitals. it's bad for my profession. it's a total unmitigated -- >> your position? >> here's why i wanted to know who makes the decisions about the supreme court announcements. because one of the main attacks if health care is overturned, one of the main attacks that democrats will have is that the supreme court is right wing, right? that it's a political operation so you've got to wonder the order of how these things are released. let's say the chief justice is in charge of that. so did he on purpose release the immigration ruling on monday to show it's not a political court? and then wait to release health care until thursday in case, in fact, they're going to release -- get rid of part of it? would that make it seem the court is not as political. >> i have a different theory. it is the end of the season and you want your finality to be the most impactful episode. this will be the episode. you want everybody -- nobody is going to pay attention to the other laws. everybody will be focused on obamacare. >> you're right. people were interested in immigration as well. >> absolutely. that was not political because the vote was 8-0. if the vote is 5-4 today, people are going to go, oh, political. but if it is 6-3, and apparently chief justice roberts is trying hard to make it nonpolitical, you might see that. by the way, according to "the wall street journal", the president of the united states has prepared three different speeches. he will deliver one of them, let's hope it's the correct one and we also understand according to jay carney yesterday, apparently the president of the united states is going to hear the verdict exactly at the same time the rest of us do. he apparently does not know. >> which is going to be about 10:15 a.m. eastern time today. is it coincidence that another big vote is going to be happening on this very same day or not? the big vote today in congress is whether or not the attorney general of this nation, eric holder will be held in contempt of court criminally, right? criminally. so congress will be making that decision. most republicans are probably going to vote for this, or the majority of them. but how many democrats will, in fact, cross over? we have so far five confirmed democrats who will vote to hold that gentleman in contempt. >> yeah. we have five of them. yesterday we had one that jumped across immediately and last night, i saw chris van holland on bill o'reilly's show, of course, hosted by juan williams. >> juan williams. >> and he said well, the only reason democrats are jumping is because the gun lobby has everyone very concerned and they're taking an active role in this and they're concerned about their votes. i don't buy that for a second. i think that's diminishing what every congressman or woman is assigned to do. >> right. >> democrats in congress, i want to make sure i'm clear on that. >> there's criminal contempt of congress and there will be civil contempt of congress as well. out there across america, what do you think is going on with what's going on? 38% of you say that regarding this, when asked which best describes the fight in washington over operation fast & furious where brian terry, border patrol agent lost his life, 38% of you feel like it's a cover-up by the white house. about a third of you feel it is a witch hunt by republicans in congress. 12% don't know and about 20% are unsure about what it all means. >> we'll find out what it all means. it's going to be extremely dramatic especially if it comes today. what about if they just struck down medicaid? that medicaid has to sell all these people on mandated insurance. what if i don't find that constitutional? it might not be a cut and dry situation. >> the thing about the decisions or decision, whichever way it goes, each party is going to claim victory. >> all right, let's go to the five democrats who have confirmed that they will vote in finding the attorney general in contempt of congress. looks like this. jim mathisen we told you yesterday out of utah. nick rayhall is there from west virginia. west virginia not too happy lately with the president. john barrow of georgia. colin peterson also and mike mcentire of north carolina. unconfirmed, we understand but leaning that way, joe bacca of california will vote yes as well. we believe. but we don't have it confirmed yet. >> meantime, the agent who started the fast & furious situation is now defending the gunrunning operation in the first public interview. i believe his name is william newell, veteran federal agent who spent five years as the head of the bureau of alcohol, tobacco and firearms and explosives in phoenix. he's now saying that, you know, the intent of this was to try and stop gun trafficking coming across the border from mexico. still defending the intent of this program. >> right, he says that in 2009, the department of justice is trying to track down. we have to figure out how the guns are getting across. he started this program. he said he told "the washington post," he never told the agents to let the guns walk across but his agents then wound up telling congressional committee what was happening and then it hit the fan. some of the agents after brian terry was killed went to charles grassley, grassley dialed in issa. now, you fast forward, nobody is sticking up for this guy. and in fact, he's been demoted. he's been moved back to washington, d.c. with a.t.f., his wife and child are still in phoenix. his life never the same. >> i think everyone agrees, though, a botched operation even at its outset and objective. meanwhe, get busted with weed? it is absolutely no problem. police in another major city will not arrest people caught with pot! but is that really a good idea? >> then, a ring that is supposed to keep your spouse from cheating? yeah, right. it imprints the words "i'm married" on your finger. really? is that going to make any difference? >> you only see it when you take it off. >> come on. i think a tattoo. >> have to be a ring on something else. letting her home be turned into a training facility? this mom has been doing it for years. she's got bounty. in this lab demo, one sheet of new bounty leaves this surface cleaner than two sheets of the leading ordinary brand. bounty. let the spills begin. ♪ ♪ [ man ] excuse me miss. [ gasps ] this fiber one 90 calorie brownie has all the moist, chewy, deliciousness you desire. mmmm. thanks. at 90 calories, the brownie of your dreams is now deliciously real. at 90 calories, the brownie of your dreams sometimes, i can't believe the things i'm able to do. without shriners hospitals, my life would be completely different. when i was seven, we found out i had scoliosis. everything changed when they stepped in. it was like they gave me my future back. tori's life is one of nearly a million changed by donations from people like you. send your love to the rescue. donate today. >> welcome back, everyone. 17 minutes after the top of the hour. as we've been telling you, the supreme court expected to release its decision, big decision on obamacare hours from now. so what is the political fallout for the president if the high court strikes down the health care mandate or even all of the legislation? >> stuart varney has some predictions about what will happen today and what will happen with the president's fate when it comes to re-election and for the last 4 1/2 months at the very least. first off, what do you predict is going to be standing strong regardless of what comes down today? >> ok, one year from today, i think there will be two elements of obamacare in obamacare right now and they'll still be standing one year from today. the two elements are coverage of your children on the parents' policy and the coverage of pre-existing conditions. both those items are popular, politically popular. voters like them. republicans haven't said we hate them. we're going to get rid of them so regardless of what happens today or in the election, i think those two issues will stand. they'll be on the books one year from today. >> so you know that the spin meisters have been in full action for the last couple of months waiting for this day on both sides of the fence. >> sure. >> how do you see it? let's say that the individual mandate is shot down. is that still a negative for president obama? >> i think it's a huge negative for president obama. he is, after all, a constitutional scholar. if he's so misread the constitution that he puts forward a mandate which is then struck down, that doesn't make him look good. it also negates the principal achievement of his first three years in office. it's struck down. it's gone. that's another negative. i'm not sure how you can spin something being thrown out by the supreme court as a positive for the man who put it there. >> but the president is not talking about it on the stump. he doesn't talk about it ever since it passed because it's unpopular with the people. but it's important to point out, too, those two things live but not without a cost. the premiums are going to go up if you want your kid insured until 26 and if you have pre-existing conditions to cover everybody. >> they will go up a lot. >> between 10% and 20% and they've already gone up. >> that's still true. i still think that americans think that's justice. you have a nasty situation, all right, cover up. we'll pay. i think there's enough popularity -- >> no, i'm not disagreeing with you. i think there's a lot of politics involved with that. >> yeah, there is. >> i don't mind disagree with you. gretchen is a little intimidated. >> oh, yeah, right! >> he's just one man, gretchen. come on. >> stu and i actually get along. >> all right. >> surprise, surprise. >> 9:20 eastern time on the fox business network. >> and at 10:00 we're on the air and you'll be seeing what comes down from the supreme court. >> and by 10:15 is what we should have it by then. >> full decision out by 10:15 and then we have to pour through it and figure out exactly -- i want to offer clarity. what exactly did the supreme court say? >> yep. >> that's what i want to do. >> we're not looking for clarity. >> hillary clinton said never in a million years would she want to be secretary of state but she is and what she's done differently is putting her in the record books today. >> plus big news from jennifer hudson about her personal life. the singer right here on the curvy couch next. [ creaking ] [ male announcer ] trophies and awards lift you up. but they can also hold you back. unless you ask, what's next? [ 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. our cloud is made of bedrock. concrete. and steel. our cloud is the smartest brains combating the latest security threats. it spans oceans, stretches continents. and is scalable as far as the mind can see. our cloud is the cloud other clouds look up to. welcome to the uppernet. verizon. >> time for news by the numbers. first 100. that's how many countries hillary clinton will have traveled to after arriving in latvia today. that's a new record for a u.s. secretary of state, i believe she gets a trophy. 37,000, that's how many u.s. businesses closed their doors for good in 2010. that's the third straight year of decline. and finally, $550. that's how much this anti-adultery ring costs, the band engraved on the inside so it leaves the words "i'm married" on your finger. steve? > >> "share my love with me" by aretha franklin. >> go for it. >> ♪ yeah >> it is incredible how far she has come in those areas since "idol" from a teenage girl auditioning for a spotted on the little show called "american idol" to a superstar singer, oscar winning actress and an incredible role model, jennifer hudson has done it all in the last short eight years and joins us right now, right here on the curvy couch. good morning to you. >> good morning. >> now, when we started to play that, first i asked when it was and you said -- >> it was almost 10 years ago. >> that was fast. >> i'm like what are they playing? oh, my god, i can't believe they're playing that. >> and then -- rob, if you can put up side by side. you saw that and you saw that picture. >> wow. oh, wow. that's a little young miss jennifer hudson. you know, hopeful. >> i didn't know where i was going but i was going to sing my way to it. >> you have. >> thank god, you know, it's been a blessing. >> no kidding. >> it really has. >> so many people were upset you didn't finish first. you finished what? >> seventh place season three. so i was far from the first and second spot. >> who won that year? >> fantasia burino won and i was seventh place. >> from seventh place, you have parlayed that into such a career. not only great records but also, you know, and i was -- i was wondering whether i should introduce you as a singer or an actress first because you do both. you won the oscar for "dreamgirls." >> i did, you know, it's still surreal at times like everything is, again, so many things i didn't expect like wow. and never would have guessed -- that was my first project ever. ever. in acting. >> one of the things because of your great career right now, all sorts of companies want you to talk about their products and now, according to this information i hold right here, you have written a song or singing a song about diapers. >> pampers, because i'm a mommy as well. >> yeah, got a 2-year-old oochlt -- >> i have a 2-year-old son. my little david and i call him my munchkin. that's my nickname for my baby. i teamed up with pampers and we did lullaby. but it's like my lullaby to my baby and i want to share with other mothers because that's an important moment you have with your child when it's time to lay them down and put them to sleep and, you know, you sing them a sweet lullaby. >> imagine we're not here. but what would be the lullaby you would sing to little david? >> it would be something about my sweetest, cutest little baby in the whole wide world. ♪ lullaby and good night hopefully by those two lines, he's asleep. but -- >> no kid i know. come on, mom! >> but, you know, and it's special to me to be able to do that because now i have official version of the lullaby and they can share with other moms and down load it on pampers' facebook page. >> and you're making a movie called "lullaby." >> oddly, yeah. that came about first and later, the pampers came about speaking of singing the lullaby song and i'm like this is strange. one minute on the itinerary is lullaby the film and now lullaby the song and it's like ok, what is this lullaby world? i'm a mommy so hey -- >> and you're a smash. >> "smash" is coming up. i think it's a great project and the broadway world is so huge and i'm glad to see it on such a platform and i cannot wait to be a part of it although it's intimidating. look at that! and i'm going to be a broadway star so it's going to be fun. but, you know, a little intimidating but i'm excited. >> you're only 30. what's left? you've done it all. >> i've been so blessed, you know. what's on your bucket list? >> bucket list? hold on now. i want to write music. i want to just be able to continue to do what i do and be happy doing it. i've been so blessed, i do feel like almost greedy asking for more. i don't want to -- i want to -- >> you're in the bonus round. >> i want to embrace and, you know, appreciate the things that i do have. >> you've done everything so well and it's a real pleasure. >> thank you. >> thank you very much for stopping by to sing us a lullaby. >> all right. jennifer hudson and steve. we'll be upstairs in a moment. our control room smells like brisket. florida wanted to keep illegal immigrants from voting but eric holder said too bad. we have a big updated in that case. then, ladies, want to know the secret to making men happy? give them a vacuum. you heard them. where's my hoover? t but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. with two times the points on dining in restaurants, you may find yourself asking why not, a lot. chase sapphire preferred. that could adapt to changing road conditions. one that continually monitors and corrects for wheel slip. we imagined a vehicle that can increase emergency braking power when you need it most. and we imagined it oking like nothing else on the road today. then...we built it. the 2012 glk. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. >> and yesterday morning, facebook was temporarily offline leaving millions of american workers with nothing to do but their jobs. horrible, horrible day! >> well, they could have shopped on line. >> that's true. that's what you do. >> i do a lot of that. you do a lot of paypal? >> i don't do paypal. it's the only way that i really shop, though. >> really? you don't go out? >> i got to go see the thing i want to get. >> i agree with you, steve. i need to feel things. that's what i don't use pea pod to deliver my -- the grocery store, you can go on line and look at them. i want to see is that the cap'n crunch that i want? you have to shake it. >> it's about saving time in my life. it's become easier. >> that's true. meanwhile, straight ahead, we're just hours away from an unprecedented decision on capitol hill. the house set to vote on whether to hold attorney general eric holder in contempt of congress over the fast & furious investigation. william lajunesse with a look at the key players and the botched operation and where we're heading. >> there's still two outstanding questions that have not been answered. who is responsible for the tactics in fast & furious, who approved it and the so-called cover-up, the february 4th letter in which the department of justice denied gun walking. congress wants to know who drafted and approved that letter and did people knowingly lie to congress. if so, who? how high up? without access to those documents, republicans argue they can't answer that. the justice department claims those are internal deliberations and congress is not entitled to them. let's look at some of the inconsistencies in the record and why congress feels contempt might be necessary. eric holder first said he only heard about fast & furious until after the death of border agent brian terry. yet, republicans claim holder received at least five weekly reports on fast & furious throughout 2010. now, d.o.j. staff says those summaries are routine and never actually read by the attorney general himself. and air chairman issa now admits that holder didn't authorize fast & furious. holder's chief of staff did receive a detailed briefing on fast & furious including a map after you will the guns that were sold and one suspect bought 300 weapons in a matter of months and all 20 suspects were still free and buying more. congressional staff say they have not seen any e-mails from the attorney general himself or if he briefed holder on what he learned or any internal review after agent terry died which they expected to see. now, let's go to assistant attorney general lanny brewer who did receive a briefing on fast & furious from february 10th including that the cartel was getting heavy weapons ought of arizona, 1,000 guns that they bought. 20 odd suspects. $650,000 in cash. documents show brewer assigned a d.o.j. attorney to oversee fast & furious and yet when objections were later raised about gun walking, that attorney said it wasn't a concern. brewer then assigned another deputy to investigate an earlier gunwalking case and tell the a.t.f. do not do this again! yet, when allegations surfaced that gunwalking was happening in fast & furious, brewer said he had no reason to believe that was true. brewer claimed that he had not read a february 4th letter at all. and even though records show that he received four copies of different versions of that letter and forwarded three to his personal e-mail. >> not say for sure whether i saw a draft of the letter that was sent to you. >> i don't believe that i was briefed on operation fast & furious. senator, i do not believe that i was aware of that briefing. >> now, another key player is deputy assistant attorney general jason weinstein. in april of 2010, e-mails show that weinstein learned that the a.t.f. had "let a bunch of guns walk. "and he was reminded of that again in october of that year of a previous case that was "tricky" because of the number of guns that walked. yet, weinstein later reviewed and prepared that february 4th letter to congress which claimed that the a.t.f. did not walk guns. so now the department of justice claims that they are innocent, you guys, and they relied entirely on the a.t.f. and u.s. attorney's office in arizona when they prepared that letter and if anyone lied, it was those guys, not them. congress says it hasn't received full access or full disclosure to all the records or the people that would allow them to verify who, if anyone, is lying here. finally wrap it up, guys, by saying that bill newell talked today, as you mentioned, to "the washington post" and he says there that the d.o.j. never contacted him. i know john dobson said the d.o.j. never contacted him so two key players that would have known maybe what was happening inside phoenix never were contacted when they prepared that february 4th letter that said we didn't walk guns. timetable for today, should start at 12:30 eastern and wrap up at 6:00 eastern in terms of the contempt vote. >> you'll see it here on fox live. excellent job setting it up so people will understand what's going on after the noon hour. >> thank you, sir. >> and now, to your headlines. the state of florida tried to remove illegal immigrants from the voter registration rolls. remember? the department of justice sued them. the federal judge citing with the state of florida. they claim the purge violated the voting rights act and too close to a federal election in august but the judge ruled the law is designed to protect eligible voters. governor rick scott in florida calls the ruling a common sense decision. >> all right. that will be a ticket in the city voting to the city now voting to no longer arrest people caught carrying 15 grams of marijuana or less and instead, they'll get a ticket anywhere from $250 to $500. parts of the law are not changing. police are arrest anyone who smokes pot or carries it near a school or park as well as arrest any minor caught with it. the law kicks in on august 4th. i'm going outside, famous dave's. >> go ahead. and it might be the reason mr. clean is always smiling as he is right there with a great big smile. a new study shows that men who do chores are happier than men who do not. >> all right! >> come on! >> i like that! >> listen, the study showed those who did more housework experienced less conflict at home. that is true, john, guys who help around the house hear less complaining from their significant others according to the authors of this study at cambridge university in the united kingdom. meanwhile, check this out. look at this. the legendary 17th hole at t.p.c. sawgrass in florida. pretty much covered in water. tropical storm debby slamming the course with over 7 inches of rain. nobody is going to be playing through that day today. let's take a look at where it's raining. a little bit of rain in the northern plains around the great lake states. otherwise, most of the country is dry and look at florida for a change, things are moving out. you can't beat that. just the water go away fast. quickly, the current temperatures, it's already 83 in kansas city. they have almost 80 in minneapolis/st. paul area. 82 in dallas/ft. worth and almost 80 in san antonio. today, it's going to be a hot one. 101 in chicago. 103 in memphis, same as dallas and the hot weather will really intensify tomorrow where it can impact 27 states, 45 million people are 100 degree heat. all right and it's hot outside where gretch and brian are right now talking barbecue. >> all right! i'm getting into the mood for the fourth of july. i don't know about you but it's right around the corner and this morning, we're showing you the savory secrets to the best bbq. >> usually we have to wait until friday to get famous dave's. famous dave is here as well as your secrets to ribs. i believe these were all ribs, belonged to somebody! >> we got some beautiful spare ribs and today, we're talking about how to put on a good old-fashioned southern barbecue. >> all right. >> what we're going to be doing this week, we got a carolina red barbecue sauce and a pork sandwich, our ribs, but in the meantime, we'll make a mustard sauce which is basically real simple mustard, vinegar and sugar. so pour that in, you mix that up. >> let's do it. >> what i'm going to do is i'm going to take a pork butt that's been smoking all night. we just pulled it out. and a lot of people see stringy pork a good pork sandwich is not really -- >> it should just fall apart. >> it should just fall apart just like this and we're not going to make it really stringy. >> this is what you call pulled pork. >> this is what we call pulled pork and never get to see the pulling. this is a thrill! >> and it's got all your special stuff on it. >> it has all our seasonings which is really a dry rub and then what we're going to do is we're going to take some of that wonderful syrup. >> putting that on top? >> ok. take a good old -- mound that up there with -- >> whoo! ok! >> what we're going to do is take our carolina red sauce which is basically some hot sauce, some brown sugar and -- >> right on top. >> and put it right on top. >> you know how to do it. >> we'll catch up with you tomorrow and cooking out here all day today. you have hundreds of thousands of stores across the country. >> we are smoking up a storm this weekend for the holiday. >> and also have bread pudding. >> and banana pudding. can't have a good old fashioned southern barbecue without some banana pudding. what we got going here next -- >> you know what, dave? unfortunately, we have to go. we have a great idea from your ribs to your pudding to your pulled pork to your cole slaw. i think we were comprehensive. >> and the banana pudding. >> we don't want to forget the dessert oochlt that's our exit gift. thanks so much. meanwhile, tell me what's coming up straight ahead. i didn't memorize the rundown. >> fine. no wonder dave is famous. up next, government throwing bigger than ever doing things that corporations can do on their own like running amtrak. should we privatize everything? john stossel is going to weigh in on that. and then billy baldwin here for a massapequa face-off with massapequa's own brian kilmeade. kilmeade vs. baldwin. first, the trivia question of the day -- well hello, welcome to hotels.com. summer road trip, huh? uhuh yep uch let's find you a room. at hotels.com, you'll always find the perfect hotel. because we only do hotels. wow. i like that. nice no. laugh... awe uch ooh, yeah hmm nice huh book it! oh boy call me... this summer, we're finding you the perfect place - plus giving you up to $100 at hotels.com they claim to be complete. only centrum goes beyond. providing more than just the essential nutrients, so i'm at my best. centrum. always your most complete. see life in the best light. 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[ male announcer ] new mr. clean select-a-size magic eraser. lets you pick the right size for every job. >> all right. it's the astonishing story you've heard before here on "fox & friends." in the spy thriller "a time to betray" author reza calila details his life as a double agent? iran's revolutionary guard while at the same time working undercover for the city. it's slated to become a television movie. actor steven baldwin has acquired the rights. the story will be on the big screen shortly and joins us right now. billy, welcome back to the show. >> good to see you. >> this is a perilous journey of a guy witnessing the revolution and the rise of khomeini and this revolution changed on a dime and he acted. >> yeah, no, he was one of those -- it was, you know, if you will, the right place at the right time. he was growing up as a young man in tehran in the late 60's and early 70's and went away to attend a university in the united states in the mid 1970's. he comes back at the end of, you know, getting his degree. in the book it's at u.s.c., you know, that's not his real name. he was educated in the united states. whether or not it was at u.s.c. or not, i'm not 100% sure but he comes back in the fall of the shaw and the rise of the ayatollah and he becomes a member of the elite republican guard in the intelligence division, realizing that this whole much like today with the arab spring, the sweeping tide of anti-corruption sentiment about the shaw brings in the ayatollah. they think he's the answer that's going to bring modernization, freedom, westernization, more art, more culture, more freedom, within a year they realize that that's not the case. they realize that the ayatollah has to go. he under false pretenses comes back to the united states to put his aunt into a hospice and the real reason he came back was to have his first contact with the c.i.a. he became an operative for the c.i.a. for 10 years. >> you might say he knows more about iran and was able to link to the west than about anybody else but his identity is still being hidden, the book is a bestseller and the name -- it is a thriller but it really happened and you'll be bringing it to the big screen. >> yeah, we're not sure in what form if it will be a miniseries or feature film. it's a very rich material. very dense and may be difficult to cover in 90 minutes in a feature film but, you know, this is a guy who grew up as a member of the double agent for the c.i.a. in the intelligence division of the elite republican guard during the 1980's. he worked with the c.i.a. for years and years. >> by the way, the stuff he says since about them getting nuclear weapons and they're attacking on the west. >> and one of the most valuable intelligence sources for the c.i.a. and for the reagan administration coming out of the middle east, come out of the region. >> how much do you know about massapeq massapequa? how much do you think you know about massapequa? would you say a lot snoo auto yeah, most definitely. >> cue the music. let's do to the massapequa quiz and see how much billy baldwin actually knows. let's do it. first, the blank was invented by a massapequa resident, all these questions. the computer, the combustion engine, the pocket chair or the perm? >> i would have to say the perm but my gut is telling me the pocket chair. >> judges, the answer is perm! invented by a woman in massapequa. you don't get anything. >> do i get half an answer? >> no, you don't. you get it wrong. >> i said massapequa it would have to be the perm. >> this is a yes or no thing. this italian american family made national headlines with the wife that was shot in the head. what was the name of the family first? >> butafuoco. >> what was the name of the person that shot her? >> amy fisher. >> what did amy do to afford this house? >> adult entertainment. >> you got it! congratulations. >> i really believe you're right. pursuing that right now. congratulations. you know a little bit about your hometown. >> yeah. >> you started your own foundation. thanks so much. >> proud member of massapequa. straight ahead, john stossel says the growth of government is out of control. why we're becoming closer and closer to becoming greece. but first, on this day in history, 1991, paula abdul the number one hit "rush rush". did she have a bigger hit? that's another question for a bigger day. max! ( dog barking ) this is the plan that revolves around you. introducing share everything. unlimited talk. unlimited text. and a single pool of shareable data that powers up to 10 devices. the first plan of its kind. share everything. only from verizon. >> answer to the question of the day, john elway. the winner is mike pates from spartanburg, south carolina. congratulations. many of us may remember this popular commercial from the united states postal service. >> a guaranteed morning delivery. >> ♪ we deliver we deliver ♪ >> and an overnight price of just $8.75. >> ♪ we deliver we deliver ♪ >> speed, convenience, price. it's a package only we can deliver. express mail from your postal service. >> ♪ we deliver for you >> stossel says agencies like the postal service and amtrak don't always deliver for the american people. in fact, many government-run agencies would be better off privately owned. joining me now is the host of "stossel" and author of "no, they can't" john stossel. good to see you, john. what are amtrak and the postal service in america doing wrong? >> well, i don't presume to know. in every way we've seen the private sector outcompete government and it's just amazing in america we hold on to these things. the post office, they tried to close many hardly used post offices or move them to a 7-eleven and make them part of some business. congress says no. republican congressmen say -- >> they said that because they had a lot of rural constituents who would then be out of luck. >> right. but so then the taxpayers just keep throwing more money? and other countries, they've allowed private competition, they -- the prices went down. >> so like even in sweden which many people think is a socialist nation, privatized their postal? >> allowed private competition. holland privatizeed it and it's a publicly traded stock and it's doing better. remember, the post office couldn't get it there overnight. then fed ex and u.p.s. happened. suddenly, people can't -- it can be done! >> the planes actually operate that quickly. let's take a look at some comparisons between the united states and greece with regard to the increase in federal workers so the public -- >> right. we have to have one federal worker for every 100 private sector workers and now it's 16. greece has 20. we're moving towards greece and, of course, that's one reason greece is bankrupt. and part of the problem is you can never fire these guys. if you get rid of an amtrak train because they're losing horrible amounts of money, you have to pay the workers for three years afterwards. so it just goes on and on. taxpayers pay. >> all right. and you will be exploring this on your show? >> yeah, i will tonight. >> tonight. there you see it. thursday at 9:00 p.m. eastern on the fox business network. thanks, john. coming up, you're invited. government throwing food stamp parties to get more people on the program? huh? then, when statues attack. you have to see this one. quite a surprise! oh, my goodness. ♪ the one and only, cheerios ♪ [ engine turns over ] [ male announcer ] we created the luxury crossover and kept turning the page, this is the next chapter for the rx and lexus. this is the pursuit of perfection. delivering mail, medicine and packages. yet the house is considering a bill to close thousands of offices, slash service and layoff over 100,000 workers. the postal service is recording financial losses but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service is forced to overpay billions more into federal accounts. house bill 2309 is not the answer. so what i'm saying is, people like options. when you take geico, you can call them anytime you feel like saving money. it don't matter, day or night. use your computer, your smartphone, your tablet, whatever. the point is, you have options. oh, how convenient. hey. crab cakes, what are you looking at? geico. fifteen minutes could save you fifteen percent or more on car insurance. we charge everything else... maybe it's time to recharge the human battery. only the beautyrest recharge sleep system combines the comfort of aircool memory foam layered on top of beautyrest pocketed coils to promote proper sleeping posture all night long. the revolutionary recharge sleep system from beautyrest... it's you, fully charged. get a free set of sheets when you buy a select beautyrest mattress. hurry, offer ends soon. >> gretchen: good morning, everyone. today is thursday, june 28, 2012. i'm gretchen carlson. thanks for sharing your time with us. in a few hours, the supreme court will decide the fate of obamacare. we will take a closer look at the one justice who could change the entire outcome in either direction. >> steve: meanwhile, simultaneously today, the house poised to hold eric holder in contempt of congress. >> we're hoping to fix what was broken. >> this will not be a pretty moment for this country. >> steve: there you got both points of view. could his fate mean more trouble for the president? >> brian: you heard the song and you sing the song "i'm sexy and i know." i'm not saying it. it's just the name of the song. have you heard this version? ♪ i'm farming and i grow it ♪ . >> brian: yep. that is it. he's farming and he knows it. you'll find out the story of those brothers who are very, very talented, happy and going viral. "fox & friends" starts just about now. >> gretchen: good morning, everyone. hope odd great week so far. today is thursday, a big huge day. two big things happening on capitol hill which we will be discussing. fast and furious and the attorney general, and also the u.s. supreme court and healthcare. >> brian: it's going to be unbelievable. we have a great line - up. we'll get job numbers as well. eric bolling be will here. >> steve: we'll start with some weather. >> gretchen: destroying hundreds of homes, the fires in colorado. the wildfires spreading to the air force academy now. these pictures of the waldo canyon fire taken last night. the flames burning more than ten acres of that campus so far. right now the fire is 5% contained. it's moving at a rate of three to four football fields an hour. it has destroyed about 300 homes, but firefighters say the smoke and flames are still too thick to get an accurate count. debby leaving florida a mess this morning. this is an aerial view of tampa. in two months, the republican national convention will take place there. the once tropical storm dumping 30 inches of rain. the storm swamping homes and businesses, washing out the roads. neighborhoods are still shallow lakes in many cases. at least three people were killed in the storm. it also knocked out power to hundreds of thousands of people. in some places the water might not recede until sometime next week. apple doesn't fall far from the tree. bernie madoff's younger brother expected to plead guilty tomorrow to conspiring with his kin in the world's biggest ponzi scheme. peter madoff will spend ten years behind bars and forfeit $143 billion, including all of mission property. he's the first madoff to admit wrongdoing. one in seven americans are on food stamps, so why is the government apparently pushing more americans to enroll in welfare? according to the daily caller, the department of agriculture is promoting food stamp parties on its web site as a we to get more seniors to enroll. they're encouraging them to throw parties and talk about the program. the agency also targeting states with radio ads at a cost of 2 1/2 million dollars. it claims greater food stamp usage can be an economic boost to states and communities. those are your headlines right now. >> steve: i've heard it. tupperware parties, but never food stamp parties. that's brand-new. >> brian: it is. let's hope it comes to a quick end. all eyes on washington today. in about two hours after months of waiting, the supreme court will reveal its decision on the healthcare law. it could forever change president obama's legacy. we're covering all of the angles. steve centanni is live at the supreme court and wendell goler is live at the white house. let's start with steve. >> right. a couple hours before we get the final ruling from the high court on the healthcare law. a lot of excitement out here, a lot of anticipation. we can look at some video. some people have been in line waiting to get in to hear the justices' decision since yesterday afternoon at 1:00 o'clock. they camped out on the sidewalk, including one history professor who wanted to be here to witness history in person. now, a lot of possibilities when we get this ruling, it could be complex, it could be quite simple. they could strike down the entire healthcare law. they could strike down the individual mandate, but support other parts of the law, in which case they would have to specify which parts. they could affirm the entire law as constitutional. we'll be waiting and watching for all of that. there were almost unprecedented six hours of oral arguments over three days in march. during that time, some justices skeptical of the healthcare law. others supported it. here is a sampling from that, starting with scalia and then kagan. >> to buy food. sooner or later, so you define the market as food, therefore, everybody is in the market, therefore you can make people buy broccoli. >> and all of these uninsured people are increasing the normal family premium, congress says, by $1,000 a year. those people are in commerce. >> a love of suspense here. everybody wondering, nobody knows. we'll find out shortly after 10:00 o'clock when the justices hand down their opinion. back to you guys. >> brian: thank you very much. now let's go to the bottom box, wendell goler standing by at the white house. >> the president's aides are positioning him for a failure of the mandate, saying it wasn't his first choice, that he was persuaded, it was the best way of providing insurance coverage and most cost effective way of making insurance companies covering people. >> the mandate, individual mandate was a product of a conservative think tank, adopted by many leaders in the republican party in the '90s. it was adopted by and implemented by a republican governor in massachusetts. >> the court's decision was made after hearings in march, so weeks if not months ago. it didn't leak. supreme court may be the only branch of government that doesn't leak. mitt romney, meanwhile, says if the court upholds the affordable care act and he's elected, he's going tomantle it. >> if the court strikes it down, they'll be doing some of my work for me. i won't have to repeal it, but i will have to replace it. >> he proposed changes, the tax law, medicaid funding and medical malpractice liability, which he says will expand health care coverage. guy, back to you. >> brian: it's going to be a lot of intrigue at the white house and i cannot wait to see the reaction no matter what happens. wendell goler i that so much. >> steve: we understand that the president of the united states is going to see the verdict, hear the verdict in jake carney's office. also simultaneously across town, somewhere, mitt romney will be on capitol hill and he will make a statement at an undisclosed location at this point. >> gretchen: what do the american people think about all of this? there are new fox polls that have been put out. if the supreme court rules that healthcare law is unconstitutional, should congress do these options? try passing modest reforms. 47% believe that should happen. keep pushing extensive reforms. 24% agree. stay out of healthcare completely. another 24% believe that. >> brian: what about the mandate? if the supreme court tosses it out, congress should do a, scrap the whole lot? 43% say that's the answer. b, 42% say keep what is left. or 16% says they don't know. they were not sure. and this one survey, i sympathize with the 16%. there is a lot going on there. >> steve: we got to figure out what they do. >> brian: what would be left? how do you make up for the money that will not be coming in because healthy people will not be forced to get health insurance. it's not going to balance out. the other things won't be funded. you have to raise premiums at the very least on people who have insurance. >> steve: it all depends on what the final verdict is politically it's going to be a gigantic day where both sides will spin they won it. senator ron johnson was on earlier and talking to brian about republicans' plans to reform healthcare going forward. >> what you won't see from the republicans is the 2700 page bill, 12,000 new pages of rules and regulations, and basically a step by step approach, taking a look at every last one of these issues trying to restore free market discipline back into the healthcare marketplace, allow people to buy insurance across state line, take a look at the cost of defensive medicine, trying to reform our tort system. those types of things would start restraining the growth and cost so that the americans can actually realize lower health care costs. >> gretchen: the interesting thing today is going to be you know that the spin middle easters have been behind the scenes from both sides for weeks now waiting for this ruling to come down today. the president has apparently three speeches ready to make today, depending what the ruling is. based on that alone, you can already start to speculate what the spin will be from both sides. let us know what you think about who it benefits if part of it is thrown out, if awful it or none of it is thrown out. >> steve: let's make sure the president reads the right speech. remember "rich man poor man" they accidentally ran episode 3 before 2? >> brian: right. nick nolte first burst on the scene. 25 years later he was pulled over with an embarrassing mug shot. he had very good hair. >> steve: in the mug shot, he had the look of contempt. now it looks as if the house of representatives will vote in favor, given the fact that republicans control the chamber, regarding eric hold, the attorney general, over the fast and furious gun running thing. that's probably going to happen. but what do you think? in tv land and all across the country, you think it all looks like it's a cover-up by the white house, by a percent annual of 38%. a third of you think it's a witch hunt by republicans in congress. 12% unsure. rather think both. 18% unsure. >> brian: i want to weigh it. i would not be surprised if there was a last minute turn over of a lot of documents because -- >> steve: there could be. >> brian: three late plays to try to get the republicans in the house to play ball from the attorney general. >> gretchen: before 12:30 today. >> brian: i would not doubt if there was something that would get darryl issa's attention. >> gretchen: deadlines have a waive doing that. >> steve: there could be a last minute deal. however what, would be interesting is if they have a whole bunch of documents, how can they say, okay. we were claiming executive privilege a couple of days ago. now go ahead, take a look. it's not secret. >> brian: something for us to talk about tomorrow. >> gretchen: politically, what does it mean for members of the house, since they'll be voting on this at least first? so far fox confirmed that five democrat also cross over lines and vote yes on the contempt. those include congressmen jim mathison from utah, nick rayhall, john barrel of georgia, carl peterson and one other. unconfirmed, there is a report that baca will vote yes with republicans to hold eric holder in contempt. >> brian: what is the objective of the program? what were they trying to do? the agent that actually started the operation or restarted the operation after it was put to bed as operation wide receiver and stamped as not affected, never again, he came forward and he defended the gun running operation in his first public interview. >> steve: that's right. william or bill knewle talks to the "washington post" and says he never told agents to let guns walks, but his agents told congress that they were instructed not to move in and question the buyers. let's see where they wind up. newell didn't count on his own agents after brian terry was killed with one of the guns that wound up on the mexican side where his own agents went to congress and said, look, this is what we've been doing here. there was essentially a mutiny of him. >> gretchen: so the contempt charge against eric holder is for the alleged cover-up in this situation. not the actual gun running program known as fast and furious. so stay tuned to fox today. a lot of big news coming up. >> brian: straight ahead, did your mortgage bill just go up out of nowhere? next on the rundown, bob massi is here to explain what you can do. >> steve: that's right. then do criminals have a right to a climate controlled jail cell? and cable tv? the climate control part is up to a judge because there are lawsuits demanding it. they want to be absolutely comfortable in the klink [ female announcer ] gross -- i'll tell you what's really gross: used dishclot. they can have a history that they drag around with them. try bounty extra soft. in this lab demo, one set of bounty extra so leaves this surface 3 times cleaner than a dishcloth. the cleaner way to clean. bounty extra soft. are choosing advil®. here's one story. i'm keith baraka and i'm a fire fighter. it's an honor to be a fire fighter. my job involves life or death situations and it's very physically demanding. if i'm sore, i have a headache, i'm not at my best. advil® is my go to. it's my number one pain reliever. advil® just works for me. 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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. >> gretchen: 16 minutes after the top of the hour. in a tough economy, it's hard for home buyers and sellers to navigate the world of real estate. so that's why we're opening up our mailbox to answer viewers a he most pressing questions. joining me now, fox news legal analyst, bob massi. good morning to you. >> good morning. >> gretchen: let's go out it michigan. ann has a question for you. i live in michigan and am a michigan broker who sold a freddie mac. i learned the lender can't proceed with the short sale because the sheriff sold the property and freddy will not allow a short sale during the redemptive period. what can i do? i'm glad this question is for you, bob. >> let me explain. when you have a judicial foreclosure, meaning you have to go through the courts, most states have what's called a redemptive period, meaning the homeowner actually has the right within a period of time, to take their home back, to get the money to buy it back, which is pretty unrealistic, but that's the case. a short sale is when a third party comes in and tries to buy it for present value. the reason why they don't allow that is a redemptive period is specific to the homeowner. it does not allow third parties, other than the homeowner, to come in and buy that home. that's the reason why the short sale was rejected. not because it's a bad deal, but because under the redemptive law a third party cannot buy it. it has to be the homeowner. >> gretchen: very interesting. here is question number two, carol from ohio. we own a house with 30-year fixed. our payment has always been the same. now they sent a new coupon and the payment went up $70 a month. i have no intention of paying. why could they do this? >> first of all, pay it because if you don't pay it, then they could start some kind of foreclosure action down the line. what probably happened, gretchen, is either her property taxes went up, or her insurance premiums went up. if she's paying her mortgage payment, which includes the property taxes and insurance. a lot of times if our mortgage payment changes, it's because of property tax or your premiums on insurance. once in a while it's because the interest, depending upon the kind of loan that you have, but please, don't just default on that payment. get on the phone, call the servicer of your loan, find out why the coupon changed and see if they're correct. if they're incorrect, then you have beef. if not, pay it or they'll start foreclosure eventually. >> gretchen: i wond for that's my mother-in-law, carol from ohio. marian from kentucky, i filed a chapter 13 and moved out of state, paying my trustee in bankruptcy every month according to the plan. when i moved, i opened a new business and my expenses change. i may need to convert my bankruptcy to a chapter #. so big question is, will i lose my business? >> yeah. remember, a chapter 13 is a payment plan. that's debts you owe approved by the court. one of the things i said in the chapter 13, that the only danger is if your income changes, it could affect, if you're going to be able to meet court's plan that was approved. bottom line is, get a very good bankruptcy lawyer to look at what you're paying issues how do you hold your business? is it a sole proprietorship and have them advise you if your small business will be affected because when you convert to a chapter 7, which is a personal bankruptcy, anything you own personally can be subject to the court's jurisdiction. they can sell it, liquidate it to pay creditors. get a good bankruptcy lawyer to give you an opinion on this. >> gretchen: thanks so much. you helped a lot of people. if you have questions for bob, e-mail your questions to us, logging on to our web site. go to shattered dreams icon. click on that. see you next week, bob. coming up, one store clerk refusing to let someone buy cigarettes with food stamps. so why was she fired? you're about to hear from her. the answer to losing weight could be in the stars. weight loss astrologist? here next. what's she going to say about gemini? or should i be cancer our cloud is not soft and fluffy. our cloud is made of bedrock. concrete. and steel. our cloud is the smartest brains combating the latest security threats. it spans oceans, stretches continents. and is scalable as far as the mind can see. our cloud is the cloud other clouds look up to. welcome to the uppernet. verizon. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. 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[ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. >> steve: quick headlines. 24 after the top of the hour. a new lawsuit demanding the state of texas state prisons install air conditioners for the prisoners. the suit filed by the family of an inmate who died from heat exhaustion inside his cell. and unsuspecting fans fell victim to a wax attack. watch as new york knicks all star carmelo anthony. when fans walked by, he jumps. you can see the reaction. >> brian: that's great. >> steve: that's hilarious. very nice. got a sense of humor. can't beat it. >> brian: hopefully these people don't have a heart palpitation or heart murmur. >> gretchen: next thing you know they'll be suing them. >> brian: i know he's a good player, but he just got to new york. he's got a wax figure already. are you upset by that? >> gretchen: my mind doesn't even go there. >> brian: 'cause i have nothing going on in my life. >> gretchen: my mind is thinking about horoscopes. did you know they usually give readers insight on their love lives or career paths. but can your sign also be used to lose weight? >> brian: nope. i'm kidding. sherry is the author. is that true? >> hi. good afternoon. good morning. in america. i think we're look at more of a wholistic approach to health. of course, weight loss is a very important issue within most of the modern world at the present moment. what's really important is getting people back in balance with themselves and that's where astrology can help. >> steve: let's look at each of our signs. i'm a libra. according to your calculations, what should i do? >> well, i think in order to balance your very delicately balanced body, i think what you should do is make sure you take very delicate, intelligent, very quick witted, very sensitive and i think what you should do is drink plenty much water and watch your sugar intake because that will take your body out of balance when you're stressed and that will make you go for the wrong foods afterward. >> steve: i don't really believe this stuff, but drinking more water and cutting out sugar, probably good advice. >> brian: i believe in it. >> i think so. >> brian: here is mine. i'm a taurus. the problem i've is a slow digestive system. and the solution is avoid carbs, sugar and red meat. >> gretchen: that's you. >> avoid starchy stuff, brian. stay away from stuff that binds you up. for you, you have examines energy and you need to burn that off through exercise, really hard work exercise. none of this lying around eating chocolate. you've got to get throughout and move. >> gretchen: that makes sense 'cause he doesn't eat red meat. that's interesting. all right. i'm a gemini. i'm op the cusp, june 21. >> you are. very, very cuspy. it depends where you were born. where were you born? in sweden or in america? >> i was born in minnesota. >> okay. so if you were born in minnesota, before 3:00 p.m. in the afternoon, you are a cancer. if after that you're a gemini, so you will probable lea respond both of those signs. >> gretchen: what does it say about geminies? >> well, your digestive system is influenced by the sign of cancer, which will influence you. the gemini means you have a lot of metabolic rate. you need to support your thinking processes. so you need a lot of b vitamins and look at foods that contain b vitamins and also you need to look at, because you're cuspal, water retention, things like potassium balance is important. banana, spinach, all the good stuff. i can say foods that contain b vitamins. >> brian: this is a fascinating book. >> it's a fictional story which introduces people to astrology. >> steve: if our viewers would like more information about it, they can go to our web site. thank you very much for joining us today from london. >> thank you very much. have a good day. >> gretchen: so much for that recovery that the vice president was supposed to be touting turns out vice president joe biden thinks now that we're in a depression. eric bolling here next o dissect that story. >> brian: i think he's here now. >> steve: then you heard the song "i'm sexy and i know." but have you heard this version? the story behind the song coming up next. cows. ♪ and i ain't afraid to show it, show it, show it ♪ ♪ i'm farming and i grow it ♪ ns. great grains cereal starts whole and stays whole. ns. see the seam? more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself. with being fed on. we demand k9 advantix ii. it not only kills fleas and ticks, it repels most ticks before they can attach and snack on us. frontline plus kills but doesn'repel. and a tick that isn't repelled or killed may attach and make a meal of us. so let's put our paws down in protest and raise our barks to rally till we all get k9 advanii. jo us at poochprotest.com. 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[♪...] >> gretchen: fox business alert for you. the labor department releasing brand-new weekly jobless numbers. 386,000 first-time unemployment claims were filed last week. that's down from 387,000 the week before. but higher than expected. the first quarter, gdp remains at 1.9. for instant analysis, eric bolling joins us. >> 386, let's start with that, the number of people who walked into the unemployment office again for the first time. elevated. elevated. we've been working toward 350,000, 360, it jumped up. the four week moving average, 385,000 people every single week walk in looking for help. that means come friday of next week, when the unemployment number gets released, you'll probably see at least an 8.2% unemployment number. maybe jump up to an 8.3% because things aren't getting better week to week. typically that's reflected in the number. >> brian: when students come back and get jobs or people get these part-time summer jobs, i know the winter help, christmas help figures into the numbers. does summer help figure in? >> with the 8.2% unemployment number? >> brian: yeah. >> again, that's a phone survey. so they pick up the phone and call 60,000 households and say where are you? it's factored in on the unemployment number. that number right there won't be affected by summer help, temporary help. that number is people walking in saying, i can't get a job. i need help. those are the actual numbers. now, revisions happen the following week. >> steve: they always do. >> they always do. at one point we were up to 62 weeks in a row of revisions. a lot of people say, including me, it's getting funny there. >> steve: i wonder if the white house would like a revision over what joe biden said yesterday. he was the guy in charge of recovery summer and a lot of people are going, did he just say we're in a depression? listen to this. >> your brother-in-law is out of work, it's a recession. when you're out of work, it's a depression. this is a depression for millions and millions of americans. it's a depression. >> steve: if it is a depression, that doesn't speak well of the administration. >> i think this will be the third summer recovery we've had under president obama. we had 2010 was going to be the summer of recovery. didn't happen. 11 was going to be the summer of recovery. didn't happen. 12 looks like we'll be up the same avenue that we were the prior two years, elevated unemployment. remember under president bush, unemployment ranged about 5% throughout the term. under president reagan, he brought it from 9.5% to 5% at the end of his term. unemployment shouldn't be at 8%. remember, they promised us it was never going to be above 8% if we gave them the trillion dollars in stimulus. the 1.9% will be a problem for the administration. a lot of the -- >> steve: for all of us. >> a lot of the forward look things on stimulus, health care, on all the projections, on debt, are based on 3% growth. 3 1/2% growth. if you're getting sub growth, 1.9%, that means we're going to add a lot more money to the national debt because the economy has to grow to make those numbers look good. >> gretchen: help explain this story. this has to do with president obama's bundle of blunder. say that ten times in a row. so apparently they were attacking romney for investing in companies that sent jobs overseas, through but three of the four companyies is part of this bundler. >> the "washington post" ran a story that saying under bain capital and governor romney, not governor at the time, but under romney, there were four companies that outsourced quite a few jobs. >> brian: naming him outsourcer in chief. that's been the theme of his speeches for a week. >> right. yes. the administration picked up on the story and started playing with it and the surrogates were playing with that. but the problem is, during the -- romney started, he was one of the founders of bain capital. he left in 1999. a guy named johnson levine, a bundler for president obama who is there from 1999 and he's still will. so he was there throughout three of the four companies that the "washington post" cites, jonathan levine was on the board of bain capital at the same time. we have another one, go one step further. he bungled with melody hudson, i can't remember her lasanum. anyway, $1.5 million that two of these people raised, for president obama. john w. rogers is an investment manager whose company owns almost $50 million of a company. why is that important? it was rated the number one outsourcer in america in 2011. >> brian: here is the other one. the other thing, in the "washington post," they refuted the entire column in the "washington post"! now the romney camp is saying, you got to retract it. >> gretchen: i don't think they're going to. >> i got one more. jeff immelt. the ultimate outsourcer. he runs general electric, ceo of general electric. under him, general electric has lost 25,000 american jobs. during that same period of time, 20,000 jobs were created outside of america by g.e. there is your ultimate outsourcer right there. >> brian: more on "the five" today, i'm sure. >> a lot more. >> gretchen: thanks very much. >> steve: meanwhile, it's no holds barred for chris christie, the governor of new jersey. tearing into a governor to want to go give taxpayer has break. listen. >> you got to be one arrogant sob to be telling the people of new jersey, he'll decide when you've been good enough to get some of your own money back. he will decide when you've been good enough so you can have the chocolate chip cookie of getting some of your tax money back from trenton and into your pocket. >> steve: the guy he's talking about being arrogant, the republican governor is pushing for a 10% income tax cut in the garden state. >> gretchen: a store clerk loses her job. for six yerkes, 65-year-old jackie worked at the big apple convenience store, but was fired for refusing to let a man by cigarettes with a government welfare card. she joined us earlier on "fox & friends". >> the gentleman behind him and the woman behind him, i mentioned to the young man, i said, do you think that the three of us as taxpayers should be paying for your cigarettes? he thought we should. when they told me i had to sell to these people, i said that i would bow out gracefully because i wanted no part of it. >> gretchen: according to new hampshire's department of health and human service, the kind of food stamp card the history had, a cash card, works on atm's and can be used to buy cigarettes. well, now that clerk that you saw there wants to petition the governor to try and change that. >> brian: you've heard me sing this song "i'm sexy and i know it." but we bet you haven't heard this version. ♪ this is what i see ♪ all the hungry cattle are staring at me ♪ ♪ i got passion for my plants and i ain't afraid to show it, show it, show it ♪ ♪ i'm farming and i grow it ♪ . >> brian: you're look at the brothers sing i'm farming and i grow it, an owed to -- an ode to working on their pardon me in kansas. >> steve: i was born in iowa, but raised right there. >> brian: you defect to do kansas. >> steve: where those kids are standing. how cool is that? meanwhile, you're looking at new video from hilliard, florida, where the situation is about to go from bad to worse. the saint mary's river is expected to crest 12.3 feet above flood stage later on today. roads already look more like rivers after tropical storm debby tore through. luckily things are starting to dry out. it's not raining down there right now. >> brian: the pentagon gearing up for massive defense cuts and we also talked about that. we'll also talk about the bad news from unemployment and the unemployment numbers. our next guest says something the pentagon is about to do will cost another million jobs. >> gretchen: magic mike is making waves across the country. one of the stars here to reveal why. >> steve: is he a stripper? 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[music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. >> gretchen: got something new to tell you. big announcement from news corps, the parent company of fox news, green lighting a plan for the future. robert gray here to explain. hi, robert. >> good morning. that's right. rupert murdoch announcing the culmination of a three-year study. the board approving it last night, the split into two separate publicly traded companies here from news corps. here is the deal, they plan to split the company within 12 months, but it is still subject to further board consideration and approval. a entertainment company that will include -- pure play content producer and provider is what they are calling this. analysts are saying it's widely undervalued. that's one of the reasons you see the stock jumping the past couple of days. the other new company will be a publishing company, it will hold the newspapers, likes of the "wall street journal," so the "new york post," the times of london, also the education business will be in there, a slower growth business there. but one that mr. murdoch says will be one of the best cop talibanized in the industry. again, two separate public companies subject to further board approval of the they'll hold a shareholder meeting in the first half of 2013, subject to regulatory approval as well, gretchen. they say this within 12 months because our fiscal year ends at the end of june. but again, mr. murdoch will stay chairman of both companies, ceo of the new media company. no mention of who will head up the publishing unit. that's something that's going to be under a lot of speculation to come. >> gretchen: robert gray, thanks so much. steve? >> steve: yep. the debt crisis, the pentagon is now gearing up for massive defense cuts. $100 billion worth pretty quickly. but a new analysis shows this may actually cost the united states a million jobs or more. joining us now to expand on the severe backlash these cut also have across our country is virginia congressman randy forbes. good morning to you. >> good morning. >> steve: we all think that washington, d.c. spends too much. so that's why -- somebody has got to give somewhere. according to the estimates, a million jobs are going to be lost if these cuts go through? >> steve, it's no question, we have to set our priorities. national defense should be one of those priorities. we've seen this administration have so many policies that have cost us jobs. this is going to be the culmination of all of them. even by their own admission, the secretary of defense says it will cost 1.5 million jobs. we just had a study from the manufacturers association that says it will cost over a million jobs. that's going to be devastating to an economy that's already on the ropes. we've got to do something to stop it. the house passed legislation that would stop it. the president said he's not going to do anything. the majority leader in the senate said he's not going to do anything. and this is going to be a huge economic concern. >> steve: of course, it is going to kick in after the election. i mean, if most people knew, we're talking about losing a million jobs, they'd say, we're not for that. what congressman can be done at this point to turn the card around? >> steve, we passed legislation through the house that would turn it around and what we do is we take away those huge massive defense cuts and we simply stop the increase in spending and several other programs. we put that on the table, passed it out of the house overwhelmingly. now we're waiting for the senate. as you know, to get a law passed, we have to have the senate act. senator reid said he will not deal with this issue at all and the president has refused. he's publicked and said congress, you fix it. in the interim, we're talk being 1.5 million jobs potentially that could be lost in this country. >> steve: i understand the politics, congressman, about why the democrat-controlled senate doesn't want to act on a republican sent to them bill and budget which they haven't done for over 1,000 days. but still a million jobs hanging in the balance, you would think harry reid would say let's vote on this. >> steve, again it's not saying that our policy is exactly the right one. but the senate ought to do something. >> steve: it's a place to start. >> it's suicidal. they could put anything they want on the table. but we need to get them to at least stand up and take some action. and not try to hide this until after the election. >> steve: congressman, thank you very much for joining us. >> thank you, steve. >> steve: straight ahead, he bears it all in the new movie called "magic mike." but first he's stopping by the curvy couch and out in the hall right now. upstairs in studio j already is bill hemmer with a preview of what happens in 11 minutes. >> what a day, steve. >> steve: no kidding. >> a significant day that extends into the economy, the policy tinks of the next presidency. what the supreme court decides will impact all of that. today former attorney general ed meese, karl rove, bret baier, megyn kelly, greta van susteren, the judge, shannon bream is live at the supreme court. a day when we await history. our special programming starts in ten minutes. you will find the most comprehensive coverage. we will see you in ten minutes they claim to be complete. only centrum goes beyond. providing more than just the essential nutrients, so i'm at my best. centrum. always your most complete. i'd like to thank eating right, whole grain, multigrain cheerios! mom, are those my jeans? [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios our cloud is made of bedrock. concrete. and steel. our cloud is the smartest brains combating the latest security threats. it spans oceans, stretches continents. and is scalable as far as the mind can see. our cloud is the cloud other clouds look up to. welcome to the uppernet. verizon. >> gretchen: he captured tv viewers' attention as the tough but tender werewolf on "true blood." now joe is showing a bit more skin. all right. playing one of the male strippers in "magic mike" which hits screens tomorrow. >> brian: we're going to find out what's magic about you? >> gretchen: well. >> you'll find out in the movie tomorrow. >> brian: that's a tease, isn't it? >> that is a tease. my character isn't named what he's named for nothing. there is a couple of scenes that reveal why. >> gretchen: is there full exposure in this movie? >> brian: is there something about magic johnson? >> that's a basketball movie. i haven't heard that yet. that completely works. >> gretchen: you cut him off before the most important question of the interview. is there full exposure in the movie? >> you will get down with magic johnson tomorrow. >> gretchen: okay. >> brian: was there hess texans on your part? i read there was hesitance on your part. >> only because thereof a big deal of me being shirtless on "true blood." i think there is sometimes a stigma that people who are athletic or let's say take their shirt off on tv are stupid or not intellectual, let's say. there was kind of a concern of that, of the typecasting thing, which when you think about it, it's like gee, typecast as working with people who won oscars? so you think about alec baldwin and steven soderbergh. >> brian: i think about stallone would do rocky, but he's still doing intellectual movies like "rhinestone cowboy." >> steve: although it could be typecasting for channing tatum who is a big star now. yet, in real life started out as a male stripper. >> he did. this is based on the world that he grew up in during that time, which is -- >> steve: would he give you tips during the filming of this? >> of course. a little bit. a little. you could go to him and talk to him about what this meant and that meant. i was fortunate going in because it turns out an old friend of mine was a male stripper in dallas during the '90s. >> steve: really? >> who actually was the creator of the firemen routine at this club called la bear, which then -- >> steve: brian talks about that all the time. >> gretchen: no wonder you have so much experience in this. i know earlier you said there are four steps to stripping. would you care to reveal what the four steps are? >> do you have them written down? >> steve: take off your clothes. >> gretchen: apparently there is a four-step process. commit, tease the audience, seduce, and then the fourth one, i'm not going to say. >> i think somebody else actually came up with those. not necessarily me. it's more of like put on your weird costume, whether you're a fireman, cop, cowboy. then you do your little choreography in character and then you just grind on a woman in a chair. i think it's really three steps. >> brian: we'll find tout a man will see your movie, in your judgment, right after this inform we'll talk about "true blood." plus what, does he do with all those singles. >> make it rain but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. 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. 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[♪...] >> pat men tar tomorrow on our plaza, drop by for a free concert and famous dave's. >> joe, what should we know about true blood before you go? >> this sunday's a pretty interesting episode. it's one i would say fans have been waiting a few years for. >> really? good tease. >> uh-oh. >> joe, good luck on magic mike this weekend. >> thank you very much. >> brian: you'll stay around for the after the show show? >> yeah. >> steve: see you tomorrow. barbecue. >> all right. bill: it is 9:00 in our nation's capital. this historic day unfold anything washington, d.c.. the fate of president obama's signature legislative achievement hanging in the balance at this hour. this as the house get ready to vote on whether or not to hold the attorney general in criminal contempt of congress. but we start with the supreme court where we are awaiting a landmark decision we expect a ruling before the end of this broadcast. will the law stand, will it be overturned, will the individual mandate alone be struck down? there is high drama in this special edition of "america's newsroom." we will all remember this day. i'm bill hemmer, good morning to you at home and, jamie, good morning to you. jamie: could be one of the biggest of our generation. i'm jamie colby. welcome that owl of -- to all of you. all of this started more than two years ago when president obama signed the bill into law. that signing ceremony sparking this now-famous line from vice president joe biden. [applause] bill: but the backlash from