Transcripts For FOXNEWS FOX And Friends 20120730

alliance between the state of israel and the united states of america is more than a strategic alliance. it's a force for good in the world. america's support of israel should make every american proud. >> romney declared jerusalem the capital of the jewish state and state the united states should be its allies. while meeting with his friend benjamin netanyahu, he focused on eye remarks saying the highest national security priority should be stopping iran from having a nuclear capability and he said israel has a rate to protect its self. >> iran and its effort to become a nuclear-cape age nations are ones that i take with great seriousness and look forward to chatting with you about further actions we can take to dissuade iran from their nuclear calling. >> but knit yahoo has not supported either the president or romney. he has accused the president of putting too much pressure on him. and the president rejects that. the u.s.-israel defense relationship i believe is stronger today than it has been in the past. one tangible sign of that cooperation is the support we provided for iran dome which has saved lives. we are committed to this system. i'm look forward to visiting an iron dome battery with barack over the weekend. >> and the president was signing legislation expanding military and civilian cooperation with israel. the administration said it was not trying to up stage romney. they say it it was a coincidenc. >> of course it was a coincidence. the president touched on something that mitt romney, while he's in israel, kelly just mentioned that he said jerusalem is the capital of israel. here's the sound bite. >> the nation has the capacity to choose its other on capital city and jerusalem is the capital. if i were president it's one i would want to take in consultation with the leadership of the government that exists at that time. >> in 1997 israel said jerusalem is going to be the capital. we have left our embassy in tel aviv, so this is something we haven't heard about because the palestinians are dead set against it because jerusalem is a divided city right now. we put it aside because of the palestinian-israeli policy. >> and many presidents, republican and democrat, have shied away from saying what mitt romney says because critics will say you can't be the moderator of peace if you do not see both sides of palestinians and israel coming together and that's why they have shied away from making a statement about it. >> well, he couldn't have been more direct about taking on the answer. >> what city does the administration consider to be the capital of israel, jerusalem or tel aviv? >> i haven't had that question in a while. our position has not changed. can we -- >> what's the capital? >> you know our position. >> i don't. >> no, no, she said no. she doesn't know. that's why she asked. >> she does know. >> she does not know. she just said she doesn't know. >> who knows in. >> i don't know if jay carney knows. that's more than not knowing the answer. >> i think he was walking the tightrope because his boss has said the status of jerusalem is a matter between the palestinians and israeli. but either way it would be problematic had jay carney said one over another. >> what blows me away, if you look what president bush had done during his 8 years and you look mitt romney being so night with the president and you imagine the american jewish folk, you think mitt romney would make in roads but the latest poll says he's losing support among americans. >> but it's close? >> 68 to 25, by 43 points. >> that was before mitt romney's trip. >> true. >> okay. let's see if that changes after the fact because both parties garnering the jewish support in a big way right now. >> we know the floor is going to be decide by a couple of percentage points and that could be the percentage. >> let's talk about something that could be news for democrats coming into their convention time the first week in august. and barack obama needs bill clinton. let's face the facts here. he will have a prominent role there. no doubt he will probably be the most important speaker besides the president, the current president, at the entire convention. this is big news. depending on what he says. usually it's good news. >> he's going wednesday, september 5th. he will give the big argument, the economic argument for the administration. and usually it's the vice presidential slot. >> it is, indeed. and i think joe biden is going to share the stage with the president. usually the vice president gets it all by himself. nonetheless, bill clinton gets the first big night and then joe on final. >> and the colorado shooting suspect james holmes heads back to court as we get new information about the psychiatrist treating hum from centennial, colorado. good morning, elizabeth. >> that's right. in a few hours the accused shooter, james holmes, will arrive to the courthouse behind me. he will learn the extent of his charges. he could be facing a minimum of 12 first-degree murder counts as well as attempted 58 counts of attempted murder charges. during that hearing we will also hear two motions by the judge. not only did the defense file a motion citing that that notebook sent from home to doctor lynn fenton is patient privacy and shouldn't take my bicycle the hands of the fbi, we will hear a second motion that the gag order to be lifted so the public and the victims' families can have more access to information pertaining to holmes, not only for his melt vision but his relationship and if any treatment was happening with dr. fenton at the time of the shooting. this as the community goes through an emotional weekend. there were four burial this weekend. and the makeshift memorial by the theater continues to grow. and we learned the mother of the 6-year-old victim suffered a miscarriage over the weekend and she has now lost both of her children. gretchen. >> that's so heartbreaking. now for the other headlines. the search ended for a plane disappearing over washington state last weekend. the family said the seasoned pilot took off monday in his own plane but never arrived at his destination. no sign of him. and in addition, there wasn't an emergency beacon to help with the search. new video as firefighters in pennsylvania worked through the night to put out an electrical fire. last night there was a severe round of thunderstorms. you see the road steaming there. it knocked out powers to tens of thousands over the weekend and is being blamed for two deaths. >> so much for free speech. washington's mayor sending a letter to the chick-fil-a franchise. you aren't welcome here. the mayor said he won't support any expansion of chick-fil-as throughout the district because of their past stance and current stance against same-sex marriage. he said give them my strong support for rights and equality you but i would not support them saying they have no plans to expand in washington d.c. those are your headlines. >> we will talk about that a little later on the show. meanwhile 11 minutes after the hour. the supreme court justice scalia weighing in on your right to bear arms. >> it doesn't apply to cannons but i suppose there are hand-held rocket launchers that can bring down airplanes that it will have to be decided. >> so is he opening up the door to expanding gun control? 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[ male announcer ] make the switch. take action. take advil®. and if pain keeps you up, sleep better with advil® pm. that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. >> after mitt romney hosts a fundraising dinner in israel, today he's going to head to poland. something our next guest says is a smart move. vice president of the public policy at east-west institute and author of "hitler land" andrew joins us live. andrew nagorkski. >> you say this is a smart move on the part of the romney camp. why? >> because poland has been a traditional friend of the united states. poles look to the united states as this in inspirational place not only economically but as a symbol of freedom. they loved reagan's evil empire talk when the west of eastern europe was wincing. they said this is a story. they love the support for solidarity. and then afterwards, after the collapse of communism largely triggered by events in poland, they were welcomed into nato by the clinton administration. but things have been rocky for a while. even under the bush administration there was a sense they were beginning to be taken for granted. but they have been particularly rocky under the obama administration. >> and we heard about the gaffe that the president made regarding he referred to polish death camps. they weren't polish death camps. >> no, german death camps in occupied poland during world war ii. it was obviously inadvertent but it was a slap, just like the missile defense. >> and explain the missile defense. >> the obama administration comes into office, the size that is going to jetsen the bush plan for missile defense where a major part of the plan was to be in poland. you can argue whether that was a wise decision or not but the alternative plan, whether it's a better or worse plan, but the worst thing from the polish point of view is they announced this on the day, which is the 70th anniversary of the soviet invasion of poland during world war ii. of course, they were clueless about this. but you do your homework. >> it was sloppy. >> yeah. >> so if the romney visit to israel is any indication where he made it very clear that israel is one of our staunchest, best friends in the whole world, you can imagine when he goes to poland, given the obama administration has dropped the ball on so many occasions, as you have detailed, he will have things to say to the polish people they want to hear. >> they want to hear it but they are skeptical. >> first of all, they can travel throughout the eu they still want travel to the united states without a visa which is something the obama administration or bush administrations have fixed yet. and they were burned by something else. that was the leaks about the interrogation centers in poland by the cia which were supposed to be secret. the poles cooperated and it got leaked so they feel very distress full or distrustful of the united states. >> and romney said jerusalem was the capital city and that's something the israelis wanted to hear. what's the one thing he could say to the polish people that they want to hear? >> he will, of course, say about the poles' struggle for freedom and how much they appreciate it. but in practice terms the u.s. is going to be involved in poland, in europe helping with the economic crisis, it's going to finally recognize that poland is now a mature democracy, and that poles can travel freely to the united states and they can be an economic and political and military partners. >> he's headed there right now. we will see what happens. andrew, thank you very much. >> thank you. >> next up on the run down, it's his crowning achievement, president obama killing obama. but now word he wasn't so decisive after all. the picture from the situation room. and your tax dollars bailed them out. now general motors using your money to make risky investments. stuart varney here next to explain what's going on. ♪ i'd like to thank eating right, whole grain, multigrain cheerios! mom, are those my jeans? 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[ all ] i'm with scottrade. to experience the largest, most efficient line of luxury hybrids on the road, including the all-new esh. ♪ while many automakers are just beginning to dabble with the idea of hybrid technology... ♪ ...it's already ingrained in our dna. during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection. >> quick head lanes. police investigating a series of bomb threats made to several wal-marts in kansas and missouri. a total of eleven stores have received phone threats. all the stores were searched and authorities say no bomb found. and talk about a scary ride. twelve people were stuck 15 stories in the air when the roller coaster malfunctioned at fix flags in california. they were stopped on top of the first tower for nearly two hours. no one was hurt and crews evicinitily got them back down safely. it's now closed for inspections. it was not so super. meanwhile back in 2010 president obama said every american should back efforts to reign in lenders who dole out risky loans. remember? >> every american has a stake in wall street reform. >> we have a stake in it if you have ever tried to take out a home lone, a car lone or a student loan and have been forth the by unscrupulous lenders. >> as it turns out gm, the car company, bailed out with your tax dollars, is growing. that's because it's relying more and more on sub prime loans to drive auto sales. stuart varney? this is to get people to buy. we are going underneath the rates. >> that's right. if you have a credit score under 660, you are considered sub prime. gus what, an increasingly large proportion, 90% of the loans that gm offers to get you to buy a car are sub prime loans. and under 540, really risky borrowers, that is the fastest growing part of gm. this predatory lending that the government didn't like is helping gm sell more cars. that's what's going on? >> large way that's what led to the housing crisis and the financial meltdown was, you know, they lowered the standards whereas people who could not afford houses were given houses. now people who can't afford cars, perhaps, are getting cars. >> general motors is in real trouble. the company is in flat-out turmoil. over the weekend they fired the man in charge of their global advertising campaign. last week they demoted the person who runs their global manufacturing and the person who runs the european operations. sales of the chevy volt not doing well. the stock prices tanked to 19. it needs to be at 53 before you get your money back. in short, general motors is relying on more and more risky loans and is going down the tubes financially and will not emerge from bankruptcy anytime soon. >> that's depressing. it's an american company that's always done well that we gauge our success of our economy on in the past. you write that 93% of gm's in-house car loans goes to sub prime borrowers. do you feel it has anything to do with the leaks coming up? because if gm is doing poorly, there goes the economic talk for the president. >> it looks like it is to to sell cars to anybody who can buy them, goose up sales in the short term to get the stock pries up to try to make it so gm can pay back some of the money it owes to taxpayers. in other words get out of the bailout, get out of the bankruptcy before the election. it has clearly not worked because that stock is tanking. >> people who can't afford cars wind up with the cars, who is left holding the bag? >> the taxpayers essentially. a greater loss for the taxpayers. a sub prime lone --lan on your mortgage is more than one on your car. it's a much smaller scale, so to speak. but it's still relaying on very risky borrowers, something the president said we should not do. >> varney and company, you will have more on this i imagine? >> yes, we will. >> that's on the fox business network. and see you on radio at eleven. >> yes, you will. >> you will see him on radio? >> i will see him on radio? >> i will. >> because when you see them, that's television. >> and the supreme court justice scalia with a warning guns may have to be investigated. why he says the constitution apparently a little out-of-date. >> although he's an originallallist. ♪guitar [phone ringing] hi. oh there you are. hey babe.how are ya? daddy,look! you lost another tooth. 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( laughter ) why's the new guy sending me emails from paris ? paris, france ? verizon's 4g lte devices are global-ready. plus, global data for just $25. only from verizon. ♪. >> time for your shot of the morning. i'm enjoying that song. i don't believe we are playing it live. a symbol of our nation's pride still standing in space. new pictures from a lunar camera show the american flags planted four decades ago are still there. they planted flags on each of the missions. only the apollo 11 flag was knocked down. it was thought to be blown over on liftoff. aldren said that he thought he did that. >> and why would that be, though, because there's though wind? >> and in space no one can hear you scream either. >> or a tree fall or a flag. >> anytime a tree falls on the moon you don't hear about it. >> let's do the headlines. >> we do have headlines. $200 million, that's how much the united states odd authorize say was wasted on a program it train iraqi police officers. the program was supposed to be a key element in the ongoing training after u.s. troops left the country last december but iraqi officials wanted to distance themselves from americans never committed to the program saying it wasn't needed or wanted. the program is now being drastically cut back. president obama greatest success almost didn't happen. an explosive new book being released next in claims the president cancelled the operation to kill bin laden three times before finally approving the may, 2011 navy seal mission. the reason why? senior advisor, valerie jarrett, she persuaded him to cancel it three times. >> and hyundai, recalling santa fe suvs because the airbags may not deploy in other crash. and 2012sanatas also being recalled forced side bags being inflated for no reason. that would be interesting. sorry, hone, didn't mean to get so close. >> and a wild ride in california. he managed to lodge himself into the engine of his owner's car and found 15 miles from home with burns, cuts and a broken jaw. >> i don't know really hu he got there. i'm thankful for the good samaritan, the chip he had so i could be located. >> the vet had to remove his tail but his owner is just happy her favorite pet is now home safe. all right. they really do have nine lives. >> they do. brine, tell us about the olympics! >> a lot is going on. let's take a look at the medal count and where is stands and work our way backwards. china leading with twelve totals, six golds. u.s. behind with 11, 3 gold. rounding off the top five, italy, south korea and japan. now let's go to individual stories. one of the u.s. goals thanks to swimmer dana. >> trying to win her first middle and trying to make it a world record of 12. yes, vollmer! >> not too bad for someone who didn't even qualify four years ago. men's swimming. france stunning the u.s., picking up a gold and delivering a major upset. the americans led by michael phelps settled for the silver. they led the whole way that will ryan lochte, their best swimmer of date, lost in the final lap. he did well, but looked like lochte lost by a full second. and a huge disappointment for gymnast jordan wieber. she was a favorite but she won't get to contend for the overall title after finishing behind her teammates gabby douglas. a lot of tears. >> and the charles barkley of soccer. not backing down from tweets about commentators and superstar brandy chastane. she said it's too a bad we can't have commentators that rep the team and know more about the game. they were critical of her -- not her but their center back for allowing two quick goals early in the game. she got upsaid. and she tweeted four times ripping her. she has not fired back. a major team meeting about it. no word today when she meets with the press if she'll apologize. >> making huge headlines again. >> let's talk about the interview that justice saw leia gave over the weekend. he was asked by our own chris wallace about the obamacare ruling that was very surprising about a month ago and what his thoughts were on whether or not chief justice roberts got it right. listen to this. >> didn't justice roberts do exactly what you say a good judge should do, try to find a way to avoid striking down a law? >> i don't think so. if you read the rest of the section, you would say to find a way, to find a meaning that the language will bear that will uphold the constitutionality. you don't interpret a penalty to be a big. it can't be a pig. and what my dissent said, there's simply no way to regard it as a tax. it simply does not bear that meaning. you cannot give, in order to save the constitutionality, you cannot give the text a meaning it will not bear. >> scalia also was asked whether or not chief justice roberts had changed his mind and switched sides, and he declined to say because that happened behind closed doors. i'm not going to talk about that. >> and interesting, too, when he came up with gun control, he brings it to a whole another level. he said i'm on originalist, i go back to the constitution. we can't anticipate having airplanes back then but we can view how they might have viewed different regulations. but when it comes to cannons. that doesn't fall under the auspices of right to bear arms possibly. listen to the judge. >> the amendment does not apply to arms that cannot be hand carried. it's to keep and bear so it doesn't apply to cannons. but i suppose there are hand-held rocket launchers that can bring down airplanes that will have to be -- it will have to be decided. >> you know, i left that interviewed, and i saw him interviewed once before, what a waste he's a judge. he's the most charismatic guy on camera. you wait on the edge of your seat to say something. >> why do you think it's a waste to be a justice? >> anybody can do that. >> really? >> he can be a huge star. >> there's too many tv personalities. >> really, steve? >> some people have described him as cantankerous, and he responded. he said i simply express myself vividly. >> it's fantastic. it's totally compelling. >> ice one of the other reasons is you don't often hear from the supreme court justices. >> but they are boring. if you listen to william renquist, he's a genius, but this guy is so charismatic. >> people rarely hear from them so i think it's human nature to, boy, what are they actually saying, what can we get out of them? because they rarely do interviews for the most part. if you would like to hire him to be -- >> he has a book out, too. >> it would be interesting. he can't do sports though, can he? >> why couldn't he? >> he wouldn't be good at it. >> all right. if justice scalia, if you are watching, i will be off in two weeks. we need you on tuesday. >> isn't he on break, sabbatical right now until september? >> probably. >> so he can probably fill in. >> until the first monday in october. >> right. >> so he can fill in for you, as well. >> if it works out well. >> call us. >> all right. straight ahead on this monday morning, looks like the accused colorado movie shooter not the only one with the troubled past. disturbing new details about the psychiatrist who was treating him. >> and another mayor wants to man chick-fil-a from being in his city for being intolerant. is that really tolerant or hypocritical? 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[ chirps ] experience the summer of audi event and get exceptional values on the audi you've always wanted. ♪ i want to go ♪ i want to win [ breathes deeply ] ♪ this is where the dream begins ♪ ♪ i want to grow ♪ i want to try ♪ i can almost touch the sky [ male announcer ] even the planet has an olympic dream. dow is proud to support that dream by helping provide greener, more sustainable solutions from the olympic village to the stadium. solutionism. the new optimism.™ ♪ this dream >> quick headlines. wickileaks at it again. they have this website. the re-creation was so spot on even current employees at the paper were fooled and retweeted it, saying the piece was important. and the drew peterson trial. he's accused of murdering his third wife, kathleen, in 2004. he's a former police sergeant. he was brought to light after his other wife was missing in 2007. he has not been charged for that one yet. >> and we learn more about the colorado psychiatrist that was treating james holmes. holmes mailed a notebook detailing the incident to him. and plus in 2005 she got a in trouble with the state medical board for prescribing herself and husband medication. so does this mean the university could be sued for the shooting? there's a gag order on them. for a fair and balanced debate, let's do it now. the criminal defense attorney is here and a recover of law at george washington university, john is here. let's start with you, john. is the university of colorado this trouble here? >> i think they are. i think the lawyers for the victims here are going to do what they usually do. they are going to bring suit against anybody they can make a state, particularly if they have deep pockets and if they might be embarrassed enough to avoid the trial. they can make two arguments, that the threat analysis didn't do much in terms of analyzing the threat, ignoring key symbols, and the psychiatrist at the center of if had received communications that should have triggered it. particularly as fox is reporting, the massacre had not occurred had they not negotiate lengthily delivered to fail that information on time. we have two new revelations about the psychiatrist, one she was disciplined for drug abuse, and two, she was doing self administered academy puncture on herself and in four weeks claimed she enlarged her breasts. that to me presents a picture that is a flakey, druggy psychiatrist and i don't think i would want to go to court with that. >> because you get your breasts enlarged you are flakey and a drug guy? >> he's talking about things that happened years ago. those are allegations from the '90s. and i'm not sure what an allegation for the impropriety of a psychiatrist for which she served 50 hours of continuing education has anything do with it. >> 2005. >> excuse me one moment. >> 2005. >> no, 2004 is actually when she accepted discipline. the conduct you are addressing occurred in the '90s, to be clear. furthermore on any issue of liability, what we are speaking about is notice. when we start holding psychiatrists responsible for unopened packages, we are opening a parade of horrible. the only duty the psychiatrist has, in addition to treating and providing and administratorring care is to report credible threats of which you are aware. if you are not aware it's hard to hold you responsible. and holding people responsible for unopened packages, i'm afraid there would be a lot of psychiatrists that are in trouble. >> the law says knows or should have known. in this case the university should have known because the package wasn't delivered in time. again, they don't have the strongest case in the world. i don't think they are going to want to go to trial on this any more than penn state. that's why so many of these cases have settled. >> am i right in saying, too, we are jumping to conclusions and we might be continuing to jump to conclusions because we are never going to know what win on in those sessions. is there anything besides getting tape of the sessions that could happen that could shed light on this? >> we might know what happens because and here's why. as an insanity defense, what you are doing as a defend is putting your psychiatric history at issue. you do that prosecutors have to be allowed to rebut anything and you have to open the records. so in the event we see the defense pursued that develops insanity, don't be surprised we know what the course of treatment was, how long the treatment was and anything associated with the psychiatric history here. >> i agree and i think a jury that will be sympathetic to the victims who have huge medical costs are going to say some of that was clear enough warning. in psychiatrist should have done something about it, particularly as fox is reporting he sent a notebook with stick figures and -- >> after the fact. >> and didn't deliver it. >> after the fact. >> remember, the standard is new or should have known. >> how could you know something of which you have no knowledge. >> if they didn't crew -- skew up in terms of delivery. >> so we are going to hold people accountable for unopened packages? >> you can be held negligent. why did so many shooting cases settle exactly this way? to avoid trial. that's what penn state is doing right now. >> thanks so much. >> that was a great debate. i wanted everyone to weigh in and find out who presented the better case and where you would go with this. i think the university of colorado was fearful of that because that's why the immediate gag order went up, we didn't hear anything from them and now the word is we around going to hear anything again until we get this thing called leaks. >> very sad none 9 less. >> you are right. thanks so much. meanwhile former vice president revealing how the vp process happens. he explains why some people are on the list that don't have a shot. and another mayor jumping on the chick-fil-a bandwagon. are they really a voice for tolerance or hypocrisy for showing intolerance? >> dc mayor vincent gray adding his name to the list of mayors across the country' fusing to allow any more chick-fil-a restaurants after the president said he does not support gay marriage. >> even went so far as to call it hate chicken. but stan said he was exercising his right to freedom of speech. >> joining us on the curvey couch, bradstein, better known as god's comic. >> god's comic. and what i love you can actually shoot my entire body. i've been shot from the waste up for six months and they thought i was a sideshow attraction. >> he's got legs! >> welcome to having everything analyzed. >> and i didn't wear a skirt. >> let's talk about chick-fil-a. what do you make of the mayors who come out and say we are going to ban and boycott chick-fil-a? >> i love that they say it's not chicago's values and i didn't realize the first amendment was chicago's values but perhaps we should get into it. it bothers me because the family are beautiful people. i support them. and by the way, have you ever had one of their sandwiches? they are the great e you would buy anything they wanted. if liberce eight one of his ands pitches, i would say i'm with him. but it's really about words. it's really about words. and the idea of marriage. they call it traditional marriage now. we used to have a word for it, we called it marriage. it was just marriage. you any what it was? one man, one woman trying to get along without killing each other. that's what it was. let's just leave it at that. gay, you have to come up with your own thing. get your own word, get your own thing. we haven't figured it out in 5,000 years, give as you chance yet. but even gay. even gay used to be everyone's word. it was whimsical and fun, let's been gay. are you gay today? no, yesterday but not today. i want to be gay next week. >> it was on the opening of the flinstones. >> let's have a gay old time. >> and now it's homosexual. you can't just take people's words. i think what is really important here, and it truly is is, seriously, the man has an absolute right to his conscience. that's what the first amendment was given to us for. government has no right to intervene at all. >> do you think some people got the message? because at least one of the mayors took back their original one, in boston. they saw maybe this would not be a good thing down the road. >> and it surprises me because usually they are so much more courageous. they did take a back. and hopefully even the liberal mayors are objective enough to understand. this is a first amendment right. he does not hate gays, nobody hates gays, but there are certain values he stands for as a religious person and he has a right to that. >> and you have a right to promote your new dvd "god's comic." and here's a snippet. bradstein. >> most of my life i grew up in california on the 4th of july. california, the most woosified state in the united states of america. >> bradstein.com. >> it broke here with my favorite people. >> why are you god's comic? >> because i stan up for god and country and teardown political correctness every time i can. welcome to america. >> and a new yorker. >> and a new yorker called me god's comic so i will take their's and run with it. >> thanks for being here. >> thank you. and i have an extra sandwich for everyone in the back. >> extra pickle. >> and imagine this. collecting rainwater on your own property. and this homeowner has to report to jail. >> and these defense cuts putting national security on the line. we will be live on that. calling on the commander in chief to step up and show his face on the negotiations table before it's other late. of up to 10 independent research providers into a single score that's weighted based on how accurate they've been in the past. i'm howard spielberg of fidelity investments. the equity summary score is one more innovative reason serious investors are choosing fidelity. get 200 free trades today and explore your next investing idea. metamucil uses super hardworking psyllium fiber, which gels to remove unsexy waste and reduce cholesterol. taking psyllium fiber won't make you a model, but you should feel a little more super. metamucil. down with cholesterol. g. but you should feel a little more super. every bite goes above and beyond the call of deliciousness. that's a big 10-4 kosher. with no fillers, by-products, artificial flavors or colors. hebrew national. the better-than-a-hot dog- hot dog. [ male announcer ] it started long ago. the joy of giving something everything you've got. it takes passion. and it's not letting up anytime soon. at unitedhealthcare insurance company, we understand that commitment. and always have. so does aarp, an organization serving the needs of americans 50 and over for generations. so it's no surprise millions have chosen an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help cover some of the expenses medicare doesn't pay. and save you up to thousands in out-of-pocket costs. to find out more, request your free decision guide. call or go online today. after all, when you're going the distance, it's nice to have the experience and commitment to go along with you. keep dreaming. keep doing. go long. >> gretchen: good morning, everyone. today is monday, july 30. i hope you had a great weekend. i'm gretchen carlson. thanks for sharing part of your day with us today. looks like the accused colorado move shooter not the only one with a troubled past. disturbing new details about his psychiatrist revealed hours before he heads back to court. >> brian: mitt romney throwing more support behind israel than any candidate ever before, recognizing jerusalem as the capital city. where does the president stand? >> our position has not changed. you know our position. >> she doesn't. that's why she asked. >> she does know. >> she does not know! she just said she doesn't know. i don't know. >> steve: say it! >> brian: the answer coming your way. >> steve: former vice president dick cheney weighs in on the vice presidential race of 2008 saying sarah palin was a mistake. senator john mccain, who had something to do with picking her, joins us live to react. "fox & friends" hour two for a monday starts right now. >> gretchen: good morning, everyone. hope you had a fantastic weekend. we're off to talking about politics again because mitt romney is traveling to israel and i guess today he'll move on to poland. while he's wrapping up that visit, he said something as a canal at this time that no one before him has done, republican or democrat. he held a fund-raiser there. kelly wright live in washington to give us more of those details. good morning. >> good morning to you as well. hope you're doing well. governor mitt romney as you were talking about or discussing, met with 459 wealthy donors during a fund-raiser at the king david hotel. the attendees were required to raise or did donate 25 to $50,00 each. the event is expected to raise more than a million dollars. the governor also his trip to israel seems to have scored a lot of points while being in israel with the israeli people. it remains to be seen how well it plays here in the presidential campaign. however, mr. romney made it very clear where he stands in support of israel. >> i believe that the enduring alliance between the state of israel and the united states of america is more than the strategic alliance. it's the force for good in the world. america's support of israel should make every american proud. >> while meeting with his friend, benjamin netanyahu, romney focused on iran, stating america's highest national security priority should be in preventing iran from obtaining any nuclear capability and romney says israel has a right to defend itself. >> your perspectives with regard to iran and its effort to become a nuclear capable nation are ones which i take with great seriousness and look forward to chatting with you about further action that we can take to dissuade iran from their nuclear folly. >> prime minister netanyahu has not endorsed either president obama or mitt romney, although his ties with mr. obama have been strained. romney has accused president obama of putting too much pressure on israel to make concessions to the palestinians. the president rejects that criticism. his administration points to unprecedented security cooperation with the israelis such as iron dome, which protects israel from rocket attacks launched from gaza. >> one attachable sign of that cooperation is the support we provided for iron dome which has, i think, proven itself in saving israeli lives. we're committed to this system and looking forward to visiting an iron dome battery with minister barak to affirm that commitment. >> over the weekend, the white house announced the president was signing legislation expanding military and civilian cooperation with israel. critics say the president was trying to upstage romney, but the administration says it was a coincidence. back to you, brian, steve and gretchen. >> gretchen: all right. kelly wright live. thanks so much for getting up bright and early. >> brian: let's talk about what mitt romney said in israel. he's in poland now and it's the last stop of the three-stop tour. in israel he made news when he said listen, i know the capitol of israel. in 1997 you said it's jerusalem. the world said it's tel aviv. not only do i think it's jerusalem, we're going to move our embassy there if president. >> a nation has the capacity to choose its own capitol city and jerusalem is israel's capitol. i think it's long been the policy of our country to have our embassy in the capitol, jerusalem. the decision to make a move is one, if i were president, i would want to take in consultation with the leadership of the government which exists at that time. >> steve: so jerusalem is tricky because it is shared by the israelis and by the palestinians. it was partitioned decades ago. that's why in the 1990s congress passed a law that declares jerusalem is the capital and we should move our embassy there. so even though that is the law, when jay carney was asked last week about what is the capitol city, watch him do some dancing. here he is. >> which city does this administration consider to be the capitol? jerusalem or tel aviv? >> i haven't had that question in a while. our position has not changed. >> what's the capital? >> you know our position. >> i don't. >> no, no. she doesn't know. that's why she asked. >> she does know. >> i don't. >> she does not know! she just said she doesn't know. i don't know. >> gretchen: nobody knows, including the president's spokesperson. so was it a caves he doesn't really know the answer right now or he didn't want to give the answer? let's face the facts, president obama, as clinton and bush before him, maintain that jerusalem status is a matter for negotiation between israel and the palestinians. so it's not just president obama who hasn't really wanted to say what the capitol is and that's why mitt romney saying it is going to make news, because he would be the first person, if elected president, who would actually make that move. >> steve: eric cantor, who is one of the top guys in the hours he said for thousands of years, jerusalem has been the eternal capital of the jewish people. this administration refuses to say if jerusalem is the true capitol. for mitt romney, he's made it clear. >> brian: i just thought another thing that's significant that netanyahu said with mitt romney next to him, the sanctions on iran over these years have not set back the nuclear program one iota. so he doesn't want to get involved in american politics. but by saying that, he's getting involved in american politics. let's talk about dick cheney. he gave his first interview since he had that heart transplant operation and he is uniquely qualified to talk about the screening and the vetting of a vice presidential pick. did he it for ford and president bush. >> gretchen: at the end of the whole research process, that's how it turned out. but he gave some very interesting insight into how that whole process works. even some phone calls that you might receive when you're in charge of picking the vp to help the status of certain people back in their home states. listen to this. >> i sort of think of it as there are two lists. there is a big list that's got a lot of folks on it. actually when i was doing it for -- well, i did it for ford in '76, but then again for george w. bush in 2000, i had a couple of calls from prominent politicians who would say, it would really help me in my race back home if i was on the list. then somebody could go leak the fact that they were on the list. but that was the big list. it's easy to get on the big list. the tough part is the small list, the one that's really under active consideration and the test to get on that small list has to be, is this person capable of being president of the united states? that's usually a very, very short list. >> steve: on that point, he also told abc news that john mccain made a mistake in picking sarah palin because she had only been governor of the great state of alaska for two years, didn't have enough preparation to be ready to do the big job on the first day. >> gretchen: and john mccain will be coming up live on our show and brian will ask him that question, how he feels about dick cheney saying that. >> brian: did he just eliminate marco rubio, by the way? >> gretchen: obviously he's not a fan of president obama, but many people had said the same thing about president obama, and experience. he's interesting to hear dick cheney say that about sarah palin. >> steve: because it was revealed that mr. cheney is advising mitt romney on the number two. he's working with beth myers informally. >> gretchen: let's get to your headlines now. james holmes, the man accused of kill 12:00 people and injuring 68 others in a colorado movie theater, returns to court to be formally charged with murder. we're also going to learn if the judge will lift the gag order allowing the media and victims' families to gain access to more information pertaining to his psychiatrist, dr. lynn fenton. records show the university of colorado doctor got in trouble with the state medical board in 2004 for prescribing herself and her husband xanax and ambien and other drugs. new video as firefighters in pennsylvania work through the night to put out an electrical fire, power lines went up in flames after last night's round much thunderstorms. you can see the road steaming. the heavy winds and rain knocking out power. it's being blamed for at least two deaths. security preps are underway for the upcoming republican and democratic national conventions. the department of homeland security ordering more than $25,000 worth of riot gear in anticipation of violent protests. in addition, they purchased a number of bullet proof checkpoint booths and hired hundreds of new security guards. the republican national convention starts august 27 at tampa, florida. democrats hold their convention in charlotte, north carolina, september 3. 224 years old, gray's, the oldest general store in america, closing its doors now for good. the 21-year-old owner who inherited the shop last month, said it was the hardest decision he's ever had to make, but it all came down to finances and the poor economy. the rhode island shop opened in 1788 and has been in his family for seven generations. those are your headlines. you would think it would make the historical landmark at that rate. 1788. >> brian: meanwhile, defense cuts putting national security on the line. senators john mccain, senator kelly ayotte, calling on the commander in chief to show up to the table. they join us together next to talk about the 500 billion in cuts that could be coming the pentagon's way. >> steve: then, is all water considered public property? water. what about rain water? one of our next guests going to jail for refusing to drain the rain water from his ponds on his own property. what's up with that wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. >> brian: republican senators are launch ago tour around the country warning voters of defense cuts that will reach up to $500 billion over the course of a decade. with criticism mounting, how will the white house respond? will they at all? joining us now is ranking member of the senate armed services committee, senator john mccain, and a member of the senate armed services committee, senator kelly ayotte. welcome to both of you. >> good morning. >> brian: senator mccain, let's start with you. what are you doing and what states have you chosen to get the message about sequester and what it means to the pentagon? >> well, we're going to -- we're here in florida and we're going to north carolina and virginia and then up to new hampshire tomorrow and then we'll be going to other states. we're going to places obviously that are most severely hit by these cuts which in the words of the secretary of defense, would have devastating impact on our national security. >> brian: senator ayotte, do you think people don't understand this or we just so overwhelmed by the amount of news coming our way that we're ignoring this? >> i think there needs to be a wake-up call not only across america so that we're here to inform america, it means nearly a million jobs in the defense industrial base, but as senator mccain has said, our secretary of defense has said essentially be shooting ourselves in the head if we go forward in this. hollowing out our force, jeopardizing our national security. i think there needs to be a wake-up call to congress on both sides of the aisle. so not only do we want the american people to know what's at stake, but members of congress have to get into action and where is our president, our commander in chief on this important issue? he's really been absent and we're calling on his leadership. >> brian: he's essentially said, you did the super committee. i told you to get the deal done with the super committee. this is what would happen if you didn't get a deal done. they didn't, so this is the fate. is that essentially the message? >> it seems to be the message. he made some comment about congress have to wiggle out themselves. look, we are in conversations with a number of other senators, including senator levin, chairman of the center armed services committee, but again, this is what also requires presidential leadership. no matter who or what was responsible, the president of the united states is commander in chief. he's the only one. and if these impacts have the devastating effects that secretary panetta and all of our uniformed military leaders say, he should be in there. he should be talking with us. he should be leading. he's m.i.a. >> brian: we also know that says the president is motivated by battle ground states and a lot of these contractors are located in states like yours, virginia as well, florida, very much in there. that could motivate the president to get involved. >> i would hope so. but you would hope that just the fact that our national security is so important, it's the responsibility we owe the foremost to the american people. but as commander in chief that, would cause him to act. but you're absolutely right n. florida, 42,000 jobs in at stake. >> brian: now senator mccain, i want to you hear a sound bite from one of the sunday shows, dick cheney sits down, talks about your selection of vice president candidate, governor palin. listen. >> i like governor palin. i've met her. i know her. attractive candidate, but based on her background, she had only been governor for two years. i don't think she passed that test. >> being ready? >> being ready to take overment i think that was a mistake. >> brian: you agree, disagree? >> i'm always glad to get comments four years later. i respect the vice president. he and i had strong disagreements as to whether we should torture people or not. i don't think we should have. but the fact is that i'm proud of sarah palin. i'm proud of the job she did. i'm proud of the job she continues to do. so everybody has their own views and i respect those views. i'm proud of what we did. >> brian: turns out liz cheney disagreed with her dad on that and agreed with you. >> is that right? everybody is entitled. >> brian: all right. senator ayotte, senator mccain, thanks so much. by the way, just a note, bill nelson, democrat, will be helping you out in florida. correct? he agrees with you about these cuts. >> he agrees with us and we have invited all senators from the states that we are going to and so far they haven't been able to fit in their schedule b. we view this as a bipartisan issue. >> absolutely. >> brian: thank you for joining us, senators. have a great day. good luck on your tour. >> thank you. >> brian: coming up straight ahead, imagine this, sent to the slammer for collecting rain water on your own property. it just happened and that homeowner talking to us right after reports -- after he reports to jail. that will be next. then bad news for former california governor arnold schwarzenegger. why he's about to take a serious financial hit. back to body building ♪ i'd like to thank eating right, whole grain, multigrain cheerios! mom, are those my jeans? 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[ gasps ] [ male announcer ] get a retirement plan that works... at e-trade. >> brian: news by the numbers. first 14 weeks, that's how long we went without a rise in gas prices until now. the average of the nation right now jumped ten cents this weekend from 3.41 to 3.51. next, $4.4 million. that's how much arnold schwarzenegger is trying to sell his santa barbara home nor. that's less than he paid for it. but it's been on the market for seven months. without any interest. time to jump on this. 1152, that's how many people were treated in hospital emergency rooms in the last year for injuries from walking and using a cell phone. that number quadrupled in the past seven years. people? >> gretchen: that would never be you, know. >> brian: never. i don't text. >> gretchen: here is a question, should water be considered public property? what if we're talking about rain water that you're collecting on your own property? oregon man was sentenced to 30 days in jail for collecting rain water on his personal property. >> steve: according to a decade's old law, that is the government's water and he broke the law. joining us now to share his story is gary and legal advisor pal, constitutional researcher dominic. they both joined us from portland, oregon. good morning to you. >> good morning. >> steve: so gary, the state of oregon said you are a water thief. right? >> isn't that terrible? boy. we've had these problems for 37 years and they were designed and built for the purpose of water, fire protection and they've been used for fire protection four, five different times, by three different agencies, and to protect homes, protect property. but yet now they want to drain them. >> gretchen: why? >> well, it's an overreach of the law. they're saying that the difficult fused water can't be collects and that's totally outside of the definition of the law itself. and any time there is a law that has overreach like this, it's up to the jury, actually, to decide the law and the fact. what's happened here is actually an action that's breaking his civil rights because the jury was disallowed from hearing this. the very fact that would stop his case from finding him guilty, they were denied to hear it. >> steve: it seems so crazy. we're looking at video of firefighters taking some of the water out of your pond to use on an adjacent property owner's fire. it all comes down to, they say that there is a 1925 law there in oregon that gives the water commission all the rights to the water. apparently that includes water that just is naturally flowing to your property, or occurring on your property. right? >> well, that's not true. that's not true. >> that's where the application is. >> steve: that's -- >> it says tributaries. it doesn't say anything about rain water. >> it defines what is a tributary. >> gretchen: what i'm trying get at it why do they want to drain the ponds? for what benefit? >> we're in the prime season of fire season. look at colorado, every else it's burning now and they want to put it in harm's way and charge a $100,000 find if agiler goes off his property on another person's property. how is that justice. >> big government getting greedy. >> this is clear will he misapplying of the law. that's why the jury has a right to strike a law down in this case. if a law is inappropriate in a given case, the jury has a right to do this. the jury doesn't know this. when they're precluded from hearing this, from understanding this, how can there be a fair trial? >> steve: gary, are you going to report to jail? >> only if i have to, yes. and i'll pay the fine, but boy, i am just going to fight like crazy to keep the water in the ponds. >> the only thing this guy did wrong was stand up for what's right. >> steve: sure. >> he's guilty for standing up for what's right. what's next? go out in the wintertime on his right and you open your mouth and catch a snowflake and the state is going to say you're the containment and that's your water? >> are they going to regulate our air that we breathe? >> solar panels and sunlight? >> gretchen: it seems like a crazy story and we're sorry that you're going through this, gary. maybe we'll pay you a visit in the slammer. hopefully you won't be there too long. >> what we need is get on with gretchen or o'reilley or glenn beck, let's expose them. let's let the jury of the american people see what the law and the fact is here and see if they think it's an overreach of the government. it clearly is. >> we watch you guys all the time. >> steve: gary and dominic, we thank you both for joining us so early in portland, oregon. >> thank you. >> gretchen: they're fired up. >> steve: we had a pond on our property out in kansas. we never thought that water would belong to the state of kansas. >> gretchen: well, that is a story that's happening in oregon. let us know what you think about that. coming up, boeing stream liner more of a nightmare? 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( laughter ) why's the new guy sending me emails from paris ? paris, france ? verizon's 4g lte devices are global-ready. plus, global data for just $25. only from verizon. >> gretchen: we showed you these shots of empty seats at several olympic events in london. now organizers are moving quickly to fill in the rows and offering a free tickets to british troops and school kids to fill the empty seats. olympic organizers say sponsors bought a lot of the empty seats. there is speculation scalpers may be to blame. in other words, the sponsors bought them and don't show up. >> brian: ioc, olympic officials don't show up and hundreds of thousands of people applied for tickets, they couldn't get them. so what a waste that is. >> steve: no kidding. >> brian: to some olympic action that we can tell you about, look at the medal count. china is on top right now. but it's not over! they lead with 12. six gold. u.s. has 11. three gold. we're pulling for the u.s. let's be honest. running out the top five, italy, south korea and japan. one of the u.s. golds thanks to swimmer data vollmer. >> about to win her first gold medal and make a world record as well! yes! >> brian: first gold and a world record in the 100-meter butterfly. not so bad for someone who didn't even qualify four years ago. men's swimming, france picked up a gold and delivering a major upset to the u.s. in the process. the u.s. was leading into their best swimmer, ryan lochte hit the anchor lap, turns out he lost by a second. so they take the silver. france gets their venge in the relay. michael phelps, disappointing. he didn't get a gold. a huge disappointment for jordan wieber. a heavy favorite to add gold to the u.s., but wouldn't get to the all around. she was beaten out by two of her teammates. countries are limited to to in the all arounds and she'll get a chance to compete again, just not for that. call her the charles barkley. soccer. hope solo, fighting back against fellow soccer legend now, brandy chastain, who took her shirt off after she got the winning penalty kick to get the world cup championship for the u.s. she wasn't happy with hope because brandy was very critical of their center back and defense early in that game. so she went to the twitter machine and she said, among many tweets, it's too bad we can't have commentators who better represent the team and know more about the game than brandy chastain. then tweeted to brandy, she did not fire back to brandy. by the way, she said lay off commenting until you get more educated about the game. the game has changed in from a beck cade ago. chastain responded saying, quote, i'm here to do my job, which is to be honest and objective as an analyst for the olympics. and you know what? brandy is 100% right. i don't mind that hope is tweeting her mind. i want to see if she's going to talk about that in a matter of hours when she meets with the press. >> gretchen: interesting. somebody else who always speaks his mind is donald trump and he joins us via phone as he does every monday. good morning to you. >> good morning. >> gretchen: let's talk a little bit about the guy that you've endorsed for president, mitt romney. he's been overseas. he was in london, israel. now on to poland. and did he gain any ground by visiting israel? he held the first ever presidential, at least for the united states, fund-raiser there. did he gain some ground by also saying that the capitol should be moved to jerusalem? >> i think he gained ground by showing his love of israel. i think that he's done very well over there. he's been very well received. and polls are showing he's doing very nicely. i think he gained ground. >> brian: he's getting killed with the american jewish vote. he's trailing by 43 points. why is that? >> because i think a lot of the jewish people that are supporting obama are doing the wrong thing because romney is much more pro-israel than obama. a lot of people are seeing that and i think those polls will change. >> steve: we're looking at images of mr. romney there at the western wall putting a prayer in it yesterday. there is an editorial in the jerusalem post this morning that says mitt romney, a true friend to israel. do you think this is going to help mr. romney with jewish voters here in the united states, particularly in florida, which is gigantic swing state? >> it is indeed. i think it will help and i think that frankly he's doing very well with regard to israel. he's saying the right things. he's too long the right things and he believes those things, which is important. >> gretchen: let's move on to bill clinton because it's being announced this morning that the former president will have a leading role at the democratic convention in september in charlotte, north carolina. this is a big thing for president obama, is it not? >> i think it is. i have think bill clinton is a great guy and i think they couldn't have picked a better person. of course, i'm a little prejudice because he's a friend of mine, so it's one of those things. but he is absolutely great for doing this and i don't know if it was a hard get, frankly, i think it was an honor on behalf of bill clinton. but he's the right person to do it. i take my hats off to the democrats. they made the right choice. >> brian: is it sincere? we already know he broke with the president when he said extend all the bush tax cuts. do you believe he sincerely is hyped the president? >> brian: you could say do they like each other? do you think they like each other? i personally don't. but that's my opinion. but do they like each other? no. is it good fort democrats? yes. >> steve: all right. moving on, let's talk a little bit about this, politically sensitive issue and that is that there are a number of republicans and others who have accused the white house of being leaky regarding some of our biggest national security issues. for some odd reason, they're popping up on the pages of the "new york times" and stuff like that. senator feinstein from california last week suggesting yeah, they're coming from the white house. then a couple of days later, she had to back that up. no, i was wrong to speculate. what do you think? is this putting our men and women in peril by revealing so many secrets? >> first of all, the senator lost such credibility the way she backed out. she was very, very strong and very unbelievably and frankly surprisingly strong about how bad it was that the white house did this. and then a short time later, she was just backing up. i've never seen anything like this. of course, you could equate it to a very good guy named cory booker who did the same thing after pressure was applied. but i thought it was terrible what she did and the way she backed out was not good. it's horrible thing, leaks are coming from the white house to make obama look good. and he's actually not looking good. i think it's a much bigger subject that people understand. i think it will become a very big subject. they're leak very important information to the press to try and make obama look good. >> steve: these kinds of secrets have never been leaked before. this is unprecedented. >> no, it's unprecedented and it makes -- i think it's making him look very bad, done for the wrong reasons and if they really get into it, if they really see what's happening, it's going to be unprecedented. it's a scandal. there is no question about it. a big scandal and a very dangerous scandal for this country. >> gretchen: something that's out front and center, the high unemployment rate. those numbers are out there for everyone to see. now there is a terrible quarter fort gdp, gross national product as well, but the president used his weekly address to blame the poor economy on the bush tax cuts and right now we're looking at the gdp and how it has plummeted since the fourth quarter of last year in 2011. why do you think that the polls remain so close when these hard and fast economic numbers are not good for president obama? >> well, i think that's going to start to change. i think the polls will start to change. right now it's a very, very close race. and probably will continue to be a close race. but the numbers are very bad. the economic numbers are very bad. the employment numbers are terrible. i think you're going to see very big changes very soon. >> brian: what is your take on this cover of newsweek which no one is reading any^. >> no desperate to get ratings or get buyers or subscribers that they say is mitt romney too wimpy to be president? what's your take on that? >> i think it's a disgrace. barry diller is running it. he's a disgrace and he ought to be ashamed of himself. and frankly, tina brown, she's failed at so many magazines, it's ridiculous. so they're trying desperately, as you know, it's a closed up magazine, has very few readers. and they're very partisan. i think it's frankly, almost should not be allowed what they've done. it's disgraceful. but it's a dead magazine. it closed up. nobody is reading it. nobody cares. >> brian: who with would your pick be for number two? >> i have a lot of picks. you have a lot of great people. obviously chris christie is a friend of pipe. berube i don't and portman and by the way, bob mcdonald in virginia is a terrific guy. you have a lot of really good picks. i think the republicans are going to do very, very well. if the economy doesn't get better soon, and it's not going to get better very soon, there could be a big change in the white house. >> steve: we could know who mr. romney's pick is in the next couple of weeks. donald trump joining us every monday morning about 7:30 eastern time. donald, thank you very much. have a great week. >> thank you very much. >> steve: you bet. >> gretchen: now to your herd lines. new government report revealing serious government waste in afghanistan. the u.s. dumping millions of dollars into construction projects there that are way behind schedule. they won't be any good until after u.s. combat forces leave. the project was originally pitched as a vital tool in our fight against the taliban. a full report on how our money is being spent in afghanistan will be released later today. >> steve: i'm sure that will be encouraging. imagine driving down a busy interstate when all of a sudden, gun shots are fired right in front of you. it happened to some people in seattle. one of the speeding suspects lost control his car as he was pulling the trigger. his car crash nod a mini van, causing it to flip. the two women inside luckily are expected to be okay. one of the men involved did suffer some gunshot wounds apparently. frustrated drivers had to wait an hour before police reopened the roadway for them. wow. >> brian: brand-new fleet of dream liners turning more into a headache really. federal regulators looking at one of the 787 jets for engine trouble. airport workers in south carolina say one of the plane's engines shot debris into a field over the weekend, sparking a fire. you may remember the dream liner debuted last year after a long design and production delay. so we'll see. if you can afford to fly it and if it can actual lea fly. >> gretchen: some touching video to show you. a soldier giving a warm welcome home from his pooch. >> gretchen: the dog, bailey, happily charges his owner, sean, who just returned from a seven-month tour in afghanistan. sean says he was surprised by bailey's response because he had only adopted him three months before he shipped out. that's heart warming. >> steve: man's best friend. meanwhile, she's the first pregnant ceo of fortune 500 company. does marissa mayer really have it all or are women fooling themselves on how much they can handle? that debate coming up next. >> gretchen: plus, adding insult to injury, why police arrested this boat captain after an alligator bit off his hand. >> brian: yeah, he's in jail now born on this day in 1947, this former body builder was governor of california from -- >> steve: jerry brown was a body builder. >> brian: who is he? be first. i'm serious, we compare our direct rates side by side to find you a great deal, even if it's not with us. 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[ female announcer ] we all go. why not enjoy the go with charmin ultra strong? >> steve: quick headlines. police are investigating a series of bomb threats made to several wal-mart stores in kansas and missouri. a total of 11 stores have received phone threats. all the stores were searched and the authorities say no bombs were found. last month we told you about this florida boat captain who lost his hand in an alligator attack. he was apparently guiding a tour boat and held a fish off the side when the gator snapped his hand off. to make matters worse, he's being charged with a crime because feeding alligators is a misdemeanor in florida. he was brought to jail over the weekend and has since posted bond. gretch? >> gretchen: as if the scrutiny surrounding the ceo of yahoo wasn't enough, ma rice is a mayer is in the spotlight for saying she'll forego maternity leave. it reignited the debate whether women really can have it all. liz stern, founder of diva luscious, mom, and caroline an associate professor and chair of the politics department, both join me now for a fair and balanced debate. good morning. >> good morning. >> gretchen: so liz, let me start with you because we see marissa mayer, a young woman, 37 years old, pregnant in a very high powered pox right now. once again, it sparks the conversation about whether or not women can have it all. why are we talking about this now? >> first of all, women can have it all. and if it was a man that was in this position, we would never be talking about this. this wouldn't even be up for discussion. we think we all need to back off and let her get in there and do her job and it is her choice whether or not she wants to take this maternity leave or not. this is her choice. >> gretchen: caroline, do you think it puts added pressure on women to hear that somebody who is so powerful will not take maternity leave? i see this kind of work both ways, as good and bad. >> well, i think she's a good role model and i would very much agree with liz that this is her choice. but i think it sets unreasonable standards for women because we just don't have an even playing field. the idea of having it all would mean that we had help in the home and we just don't. working mothers, 40% of them are stressed compared to 25% of work fathers. and women who work outside the home full time do twice as much of the child care and three times the amount of housework. so it would be a lot easier to have it all if we had more help in the home and we actually valued home making. >> i also think that in today's world, women can ask for help outside of the home and they don't necessarily need a nanny or baby-sitter. women need to know they can ask for family members to help out. they can ask for friends, relatives. there are also outside resources where women really need to know that they can ask and not feel ashame to do ask for help because yes, we can't do it all by ourselves, but we can do it all by asking for proper help. >> gretchen: i think what the professor is getting at is we don't refer to men as having it all. is that what you're getting to, professor? >> absolutely. we don't have the same standard for men, so why do we have it for women? i would really challenge this notion of having it all because the way we define it is by having children and working full time, even though we know that doesn't make us very happy. in fact, children are one of the primary causes of adult depression for both men and women and in study after study, women tell us that they -- that children, the time they spend with them, is just above mopping when it comes to the enjoyment they get. we enjoy napping, eating, exercising, and even shopping more than we enjoy spending time with children. so i wish we would take a step back and really challenge this notion that women are supposed to procreate, that that's part of our social dna because it doesn't make us happy all the time. >> it's no doubt a huge debate, especially for moms who either decide to stay at home or decide to work. thanks very much for the debate. coming up on "fox & friends," both romney and president obama addressing one of the biggest concerns shared by the u.s., israel and much of the world, a nuclear armed iran. so who is more prepared? a fair and balanced debate on that topic. first on this date in 1988, roll with it, the number one song. remember that one? wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. >> steve: the answer to the trivia question of the day, arnold schwarzenegger. come on, please. the winner is morton lieser from denver, colorado. congratulations. mitt romney visited israel this weekend and promised to make the growing threat from iran one of his top priorities. on the other hand, president obama has taken a much different stand, supporting sanctions instead. so who has got the better plan? joining us is michigan congressman and chairman of the house select intelligence committee, mike rogers, screen left. oddly. and former congressman from florida and the president of the center for middle east peace, rob wexler. screen right. good morning to both of you. >> good morning. >> steve: congressman rogers, let's start with you. in 2010, the house passed a number of congressional sanctions against iran and the president was against it then, but now he's for it. >> yeah. it was a little confusing. most of the good sanction regime that you see happening now had to be congressionally generated. it was very specific. it gave the administration time lines, things they had to do, which is why they were originally opposed to the package of legislation. they were a little slow in the uptake. congress continued to put pressure on the president to pull up, pull forward some of those sanctions to continue the pressure. it is part of the equation. i think that's why the president is for it today. there is two sides of that coin. you have to have the sanctions and the real threat that something worse can happen to iran if they don't comply. >> steve: congressman wexler, while mr. romney was in israel, benjamin netanyahu said about our sanctions, they haven't hindered iran one iota. >> respectfully, i would differ with your characterization. president obama has ushered in the strongest, most strictest set of sanctions that have ever been implemented -- >> steve: are they working? >> against any country. well, they're working in terms of bringing great pain to the iranian economy. their currency has been devalued by about half versus the dollar. there is a european union oil embargo that has been implemented with respect to iranian oil. their oil tankers are floating around in the ocean with an inability to get into a port because they can't buy admiral tee insurance. has it stopped their nuclear weapons program? no. and president obama has made it quite clear that he has kept the military option on the table and, in fact, his national security advisor was in israel just this past week sharing the pentagon plan in terms of contingencies. the fact is -- >> i don't think that's true. >> steve: isn't the whole point of the sanctions to stop them from spinning the stuff to turn into atomic bombs? >> absolutely. you want to make it so painful to move to a nuclear program that you don't proceed. but if you're going to swing a harm, you have to have an anvil. israel doesn't believe the united states, or this administration is serious when they say all options are on the table. clearly. more importantly, neither does iran. the fact that the national security advisor had to show up and the israelis are contesting that he laid out any plan tells you what trouble we're in. >> steve: mr. wexler, a 20 second rebuttal. >> president obama has reject add powerful containment. he has said he's not bluffing and the man that took out osama bin laden, the man that has destroyed two-thirds of the al-qaeda leadership is, in fact, not bluffing. >> steve: okay. >> what he's not going to do is he's not going to recklessly rush us into war and if he has to use a military option, he's going to do it with the support of our european allies, with the support of financial support, that's the smart way to go to war. >> steve: let's see if it works. rob wexler, former congressman from florida and mike rogers, current congressman from michigan. thank you very much. >> thank you. >> steve: conservative supreme court justice scalia has a warning, joint regular could be coming soon. americans have been asking this question about the moon for decades. now we got the answer hey joe? 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[ male announcer ] up to 100% flake free scalp and hair with head & shoulders for men. crispy granola, layered with creamy peanut butter or rich dark chocolate flavor. 90 calories. 100% natural. and nature...approves. granola thins. from nature valy. nature at its most delicious. >> gretchen: good morning, everyone. it's monday, july 30. i hope you had a fantastic weekend. i'm gretchen carlson. thanks for sharing your time with us today. looks like the accused colorado movie shooter not the only one with a troubled past. disturbing new details about the psychiatrist who was treating him. we'll tell what you it is. >> steve: and today is just 99 days away from electing a new president. but voters may get a game changing surprise four days before they head to the polls. pink slips! we'll explain where. >> brian: speaking of job, one congressman knows how to start handing out paychecks instead of pink slips. >> take the heavy boot off the throat of america's job creators and let them breathe! >> brian: wow. congressman mike kelly joins us live soon. "fox & friends" starts now. >> steve: today could be the day. >> gretchen: if we're going to sing 99 bottles of beer -- i mean, the 99 days 'til the election comes, can't you start doing election? >> brian: i can, but i have to get permission. >> gretchen: from whom? you never got permission before. >> steve: standards and practices? >> brian: yes. >> steve: you tried it three months ago. >> brian: saying we had standards and we practiced them. >> steve: we had a lot of standards behind it. sometimes we don't practice it on this show. go ahead, start. start today. >> brian: it's 99 days until -- how should we do this? >> steve: "fox & friends," 99 days from the election starts now. >> brian: okay. next hour. >> gretchen: wait. we don't have a next hour. >> steve: we can start tomorrow. he has to think of his little skit before he unveils it tomorrow. let us know how you think he should -- >> brian: i got to meet with my writers. >> gretchen: you want to incorporate the number of days we have left to the election with your special way of saying election? >> brian: yeah. >> steve: as we just depicted, it's 99 days until the election. and there could be an october surprise. the answer layoffs. according to the way the law is written, if there are going to be big layoffs in the federal government, we have got to warn them 60 days before the layoffs. well, if you take a look at the calendar, that would happen just four, five days before the election. we're talking about tens of thousands of federal employees, including many in swing states like virginia and florida. getting the pink slip just before they vote on who is going to be president. >> gretchen: that's interesting because i thought that public workers were the highest growing part of the entire work force in america. they were much higher as far as employment rate than in the private sector. so that would be very interesting if that transpires. earlier on this show, brian had a chance to interview two senators and you were talking about a different point of view of people losing jobs, which is in the department of defense. >> brian: yeah, the department of defense, specifically, the civilian work force as well, and as well as the private contractors, senator ayotte and senator mccain joined us, talked about that. >> our secretary of defense has said essentially be shooting ourselves in the head if we go forward in this hollowing out our force action jeopardizing our national security, and i think there needs to be a wake july kaupp to congress. >> this is what also requires presidential leadership. no matter who or what was responsible, the president of the united states is commander in chiefment he's the only one. and if these impacts have the devastating effects that secretary panetta and all of our uniformed military leaders say, he should be in there. he should be talking with us. he should be leading and he's mia. >> brian: florida and north carolina, new hampshire, also among the battle ground states will be affected. they say 10% of the 800,000 strong civilian work force will be just excess -- what makes you think the president will do something. >> gretchen: we should remind people about why that's going to happen. that's because the republicans and democrats, remember when they had that commission put together and they were supposed to come up with ways to our deficit. >> brian: super committee. >> gretchen: remember that? and the penalty, in order to try and get them to make a decision, was these huge cuts to the pentagon and the department of defense. if they could not come to decision. they didn't. so these cuts are about to happen. >> steve: unless the congress and the president of the united states come into an agreement on how to save the money, the same amount of money. dick durbin, the senator was on television yesterday and he said this. >> we voted for it to avoid an economic shut down. now we face it. but here is the good news, with the president's leadership, we can come together. there is a bipartisan answer here that will reduce the deficit and still create an environment for economic growth. >> gretchen: it's really interesting when you factor in, if all these people are going to lose their job, if what we started the show off this hour, these public workers going to get pink slips, then all these people who work in the department of defense and it trickles down. then if you start talking about tax maggedden, january 1, this could be a much more serious economic picture than what people are even looking at in this month right now. >> brian: we overspent a trillion dollars this year. $1.2 trillion. we're out of balance. >> steve: here is the thing, the pink slips could go out there in the first week in november and yet they still could come to an agreement sometime after that. but the damage will be done politically. i mean, if you got a pink slip in the mail that said, hey, you're about to be laid off, is that going to impact the way you vote a couple of days later? e-mail us. >> gretchen: the other big story, the colorado shooting suspect, james holmes, heads back to court today. as we get new information about the psychiatrist who is apparently treating him. elizabeth prann joins us live from centennial, colorado. what do we know about that? >> hi, gretchen. we're hours away from hearing exactly what charges james holmes will be facing. it could be a laundry list of charges with a minimum of 12 counts of first-degree murder and then also up to 58 counts of attempted first-degree murder and a slew of other charges relating to both crime scenes. not just the theater massacre, but also his booby trapped apartment which we know was laced with explosives. after the charges, the judge will hear two motions. the first is an effort by the defense to find out who leaked information about that package that holmes sent to his psychiatrist at the university of colorado, dr. lynn fenton. the second motion would lift that gag order. it would unseal evidence gathered and the media says the public has an obvious and legitimate interest in knowing that information. also what was the extent of any current treatment, what was he seeing dr. fenton at the time or near the time of the shooting. in and out issue of insanity, his attorneys don't necessarily have to file a plea today, but they could say he is incompetent to stand trial. now, that's something that we saw with jared loughner in arizona with gabrielle giffords getting shot there. the congresswoman. now, he is now being treated for schizophrenia before he will stand trial. we could hear that from the defense today. that being said, if he is competent to stand trial, he could stave off the death penalty by pleading the death penalty. i want to end here because we have seen a big effort, the community rallying together to support the families. one fund garnered p $.1 million. after an emotional weekend, there were four burials across four states this weekend. so certainly very much in a state of mourning before the trial this morning, before the hearing. >> gretchen: elizabeth prann live in colorado, thank you very much. and despite the colorado shooting massacre, the "dark knight rises" staying put at number one at the box office. it made $64 million this weekend. that's much lower than expected and overall movie attendance down 30% from this time last year. check out this new video into the fox news room. as firefighters in pennsylvania work through the night to put out an electrical fire, power lines went up in flames after last night's round of severe thunderstorms. you can see the road actually steaming as the water hits it. heavy wind and rain also knocking out power to tens of thousands over the weekend. the severe weather being blamed for at least two deaths. at this hour, mitt romney is on his way to poland. he's finishing up the final leg of his overseas tour. earlier he wrapped up his visit to israel with something no candidate before him, republican or democrat, has ever done. he held a fund-raiser in israel. he's hopeful his trip scored points with the israeli people and voters. symbol of our nation's pride still standing in space. new pictures from nasa's lunar camera show the american flags planted four decades ago are still there. astronauts planted flags on each of the six moon missions. only the apollo 11 flag was knocked down, blown over during lift-off. those are your headlines. >> steve: it's not like they're going to turn around to go set it back up. >> gretchen: they're not going to the moon any time soon to fix it either. >> brian: you know who might be? the chinese. >> steve: okay. >> gretchen: maybe they'll put our flag back up. >> brian: i'm sure they will. good job. >> gretchen: with all the goods they're making for us, too. >> steve: 76-year-old supreme court juice antonin scalia rarely does interviews but he sat down with chris wallace yesterday. >> brian: he has a book out. >> steve: he does. it's good book, i understand. and it's interesting because what he talked about a little bit was perhaps we could be as a nation, in store for some more gun control because, let's face it, the rules for the country were written at a time of muskets and not rpg's. here is the justice. >> the amendment does not apply to arms that cannot be hand carried. it's to keep and bear, so doesn't apply to cannons, but i suppose there are hand held rocket launchers that can bring down airplanes that will have to be -- it will have to be decided. >> brian: he's got to get his own show. i think he's fantastic. >> steve: i used to see him at my church. we went to the same church in great falls, virginia when i lived there. >> brian: did you talk to him? >> steve: yes, i did. >> brian: what did you say? >> steve: nothing i'm going to talk about on tv. it was church related. >> gretchen: okay. you can talk about church. can they talk about cases? they can't. because some of the questions that chris asked him, he couldn't get into the nitty-gritty about obamacare. did he say he didn't believe it was a tax. so he thought justice roberts was wrong on that. better there are certain things they can't talk about. they have to have immense amounts of control. >> brian: he said the leaks that have come out, don't believe these leaks 'cause they're not coming from us. >> steve: when asked about retirement, he said, you know what? i don't want to be replaced by somebody who is going to immediately try to undo everything that i have spent decades trying to accomplish. >> brian: i understand where his wife is coming from. she doesn't want him around the house right now. >> steve: keep your day job. >> brian: can you imagine arguing with him every day about vacuuming or whose car we should use. >> steve: i bet she still wins. >> gretchen: it's gone from supreme court justice discussion to house work. >> brian: right. you think the justice scalia is a lot of help around the house? write us. >> gretchen: do you think steve and brian do house work around the house? the new trend, divorce made just for men. why lawyers are trying to make sure women no longer get what they want in court. >> steve: and remember when protesters took over wisconsin's capitol to defend the unions? well, where are they now that the state's unemployment rate is dropping? still protesting? no. governor scott walker joins us live next. 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[ all ] i'm with scottrade. ♪ proud to and on our own ♪ proud to be homegrown ♪ a familiar face and a name you know ♪ ♪ can you hear it? ♪ fueling the american spirit ♪ no matter when, no matter where ♪ ♪ marathon will take you there ♪ fueling the american spirit >> gretchen: welcome back. the national unemployment rate remains at 8.2%. things may be looking up across other parts of the country in the states where reports showing 17 states that elected republican governors in 2010 making major improvements in the past year. this including nevada, florida, michigan and ohio, which are all considered to be key swing states in november. so what does this mean for the 2012 presidential election? wisconsin governor scott walker is my guest. good morning to you, governor. >> good morning. good to be with you. although i got to kid you guys. i just as an aside, heard you joking about supreme court justice scalia and whether he does chores. i just mopped the kitchen floor yesterday after church, so even guys in office do that. >> gretchen: of course you did. of course. thank you so much for pointing that out. we're looking for all the e-mails about brian and steve coming up as well. let's talk about unemployment, though, because if we look at the facts about wisconsin, the state that you govern currently, it's dropped from 7.7% to 6.8%. why? >> well, a year ago we were much higher. we're way above 7% a couple years ago it was over 9.2%. that's 'cause we put a different focus on creating jobs in our state. you mentioned it, all 17 states that elected republicans as governors in 2010 all saw a drop much greater than the drop in the national unemployment rate and i think that's because of a renewed focus, republican governors, whether it's in my state or other states throughout the midwest and across the country, put the focus on people creating jobs, not just the government. i think that tells you what happened if we put a chief executive in who thought the same way on our national level. >> gretchen: let's look at the states that you alluded to, the 17 states with republican governors. here they are. there are also eight states with democratic governors where the unemployment rate also went down. so how do you factor that in your mind, as a republican governor, what did the democrats do that worked as well? >> in a number of states, you have discerning governors as well. they recognize the government is not the solution. that getting government out of the way, putting the power back in the hands of entrepreneurs, of consumers, you look at overall trend across that spectrum where states like ours where we lowered the overall tax burden. in fact, we saw our property taxes go down for the first time in 12 years. we reined in our regulation so that we do enforce about common sense. not about bureaucratic red tape. we cut back on the frivolous and out of control lawsuits in our state. those are all things that showed when we say wisconsin is open for business, we mean it. i think those are things that governor romney is talking about at the national level which provides a great contrast to what we see in washington. >> gretchen: obviously you want governor romney to win the presidential election in november, but you have been critical of him in the last week saying you believe that his camp is too cautious. one of the things that i want you to comment on is that you've made the point that you believe that he can not only run on the issue of obama's record. why? what should he be doing besides that? >> i think the two got to go hand in hand. when you look at the fact that president obama, when he was a candidate, talked about how he's going to turn the economy around and, in fact, we've had 41 months of unemployment above 8%. he talked about how four years ago about just before july 4 at that point as a candidate that he said the debt was unpatriotic and yet, he's added more than $5 trillion on top of that. he said he was going to cut the deficit in half. yet, we're nowhere near that. those are all things to point out. but i also think, i think governor romney, when i see him in person does a good job. a few weeks ago, he lays out not only an economic, but fiscal contrast between himself and the president. i think he needs to do more of that. the more he comes in to places like jamesville, wisconsin, where they lost a number of jobs from gm a number of years ago, a loft unemployment uaw workers, the better off he is. >> gretchen: some would say you're safe politician. is that what you're getting at? >> well, i think to me, the more times, at least in our state and i think it's like a lot of other swing states, the nor governor romney as a candidate comes in and talks about his agenda, which i think is a bold agenda to turn the economy around and get our fiscal house in order, the better off he is. it's got to be a combination of the two. certainly a referendum, which i think the president fails on if it's a referendum on his record. but then i also think the more time we hear from governor romney, the better off we'll be because he has a great message. he talks about lowering the tax burden for americans to get more americans on track, streamlining the government process. talks about a common sense energy policy where we use all forms of energy it put people back to work in america. that's a great message and that's a message that resonates in wisconsin, as well as plenty of other swing states. >> gretchen: governor scott walker who we just found out mopped the floor after he within to church yesterday. i like that. we'll talk to you again soon. >> thanks. >> gretchen: coming up, men getting special treatment in divorce court. they say it's about time. but is that fair or legal? that debate coming up next. and crowning achievement, president obama's decision to kill bin laden. word in a new book, he wasn't as decisive after all? hmm ♪ [ jennifer ] better. stronger. believe. happier. healthier. i believe weight watchers made me more powerful. it's time to believe again. stand up and take charge. i believe if you want to change your life, you can. ♪ believe in yourself [ female announcer ] weight watchers -- rated number one best plan for weight loss by u.s. news and world report, again. join for $1. hurry offer ends august 4th. weight watchers. believe. because it works. gives you a 50% annual bonus. and everyone likes 50% more cash. 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[ italian accent ] 50% more dough! what's in your wallet? did you know honey nut cheerios is america's favorite cereal? oh, you're good! hey, did you know that honey nut cheerios is... oh you too! ooh, hey america's favorite cereais... honey nut cheerios ok then off to iceland! >> brian: police investigating, well, assevers bomb threats made to several wal-mart stores in kansas and missouri. total of 11 stores received phone threats. all the stores were searched. no bombs found. car dealerships around the country are fearing the president's new fuel standardses, they're coming our way, nearly double gas mileage for vehicles by 2025, but it could slam the recovering industry. steve? >> steve: thanks, brian. attorneys across the nation are carving out a new niche, divorce for men. they want to make sure that their male clients get a fair shake in a system which traditionally favors women. do men really need extra protection in the courtroom during divorce proceedings? let's talk to divorce attorney joseph cordell. his firm specializes in representing men and joining us here in new york is divorce attorney nicky ziegler, the author of "the premarital planner. good morning. >> good morning. >> steve: joe, let's start with you. why do men need extra protection in the courtroom? >> well, you can look at simply the statistics and they're overwhelming. the fact is that the quarter of the room among civil rights causes in america that, is neglected still, is that of the rights of men in domestic relations cases. >> steve: sure. and vicky, historically, men have, if you look at the stats, been the underdog when it comes to things like custody hearings and battles and stuff like that. >> certainly. but you don't need a male attorney to zealously advocate on behalf of a climate. serpulae represented many, many men who are look for shared custody, looking for alimony. to me, it's gender neutral in terms of representation. it's the laws, it's the judges and really zealous advocacy. that's what gets the client the results and representing many men in my career, sometimes there is professional chemistry that goes on. sometimes certain clients want a female. sometimes they want men. but to certainly say you're going to ostracize one genre because you think they're going to be disadvantaged in the court is not what i subscribe to and necessarily i don't think is needed. >> steve: joe? >> well, let me clarify a misunderstanding, we're not comprised of just male attorneys. we're probably the largest domestic relations firm in america. we have attorneys across the u.s. and probably 60% of our attorneys are women. in fact, the other cordell of my firm is my wife. you're right. it doesn't matter that the gender of the attorney. what matters is that the mindset and the attitude of the attorney regarding discrimination. it's understandable that guys are going to be predisposed to hiring an attorney who at least acknowledges that these statistics such as 97% of the alimony orders in america are issued against men. doesn't that smell of something of discrimination? at least as a firm we acknowledge that that discrimination exists. >> joe, the statistics show women are paying more examine more alimony. they're becoming the bread winners and there is a huge disparity in income and i think statistics say 10%, 20% have gone up in the last 20 to 30 years. i think that's changing and you have a valid point. at the end of the day, i think is the attorneys looking for the best interest of the client, then it doesn't matter what your gender is. goo you're going to fight for your client no matter what the cause is. as attorneys, we're not supposed to put our emotions into it. we're supposed to apply the facts. >> steve: sure, but one of the problem, joe, and i'll give you the final word that, a lot of the laws you were talking about were written, 50, 60, 70 years ago when mainly it was the men who were the bread winners. >> yeah. and i grant you, vicky, it's some consolation that there has been slow, some progress, but it's not enough. it wasn't enough in the south in the '60s for us to progress at the rate that we did. nor should we tolerate these sorts of discriminatory practices in family courts against men, which the entire bar will acknowledge, at least acknowledge among itself. less inclined to do so to the public. >> steve: we'll end it there for today. gymnasticky and -- vicky and joe, thank you for joining us today. >> thank you very much. >> steve: 28 minutes now after the top of the hour. you need to hear this before you hit the road this morning. who has more road rage? guys or gals? i hold in my hand the results. we'll share them next. and speak of rage, one congressman a little upset with washington. >> take the heavy boot off the throat of america's job creators and let them breathe! >> steve: representative mike kelly joins us live coming up. it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. 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[ "human" by the human league playing ] humans. we mean well, but we're imperfect creatures living in a beautifully imperfect world. it's amazing we've made it this far. maybe it's because when one of us messes up, someone else comes along to help out. that's the thing about humans. when things are at their worst, we're at our best. see how at libertymutu.com. liberty mutual insurance -- responsibility. what's your policy? i and our snappiest peas all freshly steamed in just minutes. steam bags from lean cuisine. be culinary chic. >> gretchen: it's your shot of the morning. olympics edition. hugs from michelle obama for lebron james after team usa's dominating victory in basketball over france. kobe bryant also getting a hug. team usa is off until tomorrow. that's when they'll play tunisia. >> brian: after they beat france, which said the u.s. is beatable, even they they couldn't beat them, every one of them got a hug from the first lady. that's pretty cool. meanwhile, other olympic highlights you should know about, u.s. swimmer ddana vollmer picking up her first gold medal. she was doing the butterfly in the water. >> dana vollmer! yes! >> brian: all right. not too bad for someone who didn't qualify last time. in men's swimming, france picking up a gold and delivering a major upset to the u.s. france barely lost to the u.s. last time around. this time the 100 free style relay, the u.s. settled for the silver. they led the whole way. but ryan lochte, fresh off a gold in the i.m., lost it in the last leg. phelps dropped two events early in the day in hopes of being fresh for the relay. he's got a silver and he finished out of the running for the first time in a bunch of years. a huge disappointment for jordan wieber. she was a heavy favorite to win in the all around. she won't even get to contend for the title after finishing behind her teammates. countries are limited to two. those two are in. she is not. the medal count looks something like this. china leads with 12. 6 gold, u.s. has 11. 3 gold. italy, south korea and japan. we've lot of games left to do. >> steve: sure. and when we last saw you on friday, we told you about how bob costas was outraged there was the ioc would not allow, during the ceremony, a tribute to the israeli athletes who were murdered exactly 40 years earlier. he pledged to do some sort of moment of silence. that didn't happen exactly. but nbc, as it did, turn out, had the option of airing a tribute that the olympic producers did provide, but it wasn't to the israelis. it was to the victims of all terror. >> brian: yeah, and that was not even taken by nbc. they went with the ryan seacrest, michael phelps interview instead of that. bob costas did have a 12-second moment of silence and they cut to commercial when he did mention it. he also brought the fact that he had a moment of silence on the compound where the athletes are. there was only 100 people there at the time. >> gretchen: so here is the statement from nbc. the spokesperson, our programming is tailored fort u.s. audience. it's a tribute to producer danny boyle that it required so little editing. that's the reason being given. it's my understanding that the moment of silence was seen in certain parts of the world. just not for united states viewers. >> brian: right. but never like a full minute and they didn't want to acknowledge it. imagine how astounding it is to say it's not -- remember the -- we all watched it, compelled in 1972, number one. number two, i could not get through, i know it was dynamic and took a lot of moving parts, i could not watch the opening ceremonies. i didn't know what they were saying. mary poppins dropping in. but if you could have a moment of silence for the people in world war one and world war ii, could you at least have it for an olympic moment? >> steve: they did a tribute o all victims of terror. so you would think that given the brouhaha that nbc would take that. no, instead they took the ryan seacrest interview because ultimately at the end of the day, nbc had to decide, are we going to do the tribute or something we think will garner more viewers? they went with the more viewers avenue. >> brian: it's all about not ticking off middle eastern countries who feel as though that would tick them off even though the victims were israelis. >> gretchen: is that really what it's about? >> brian: it has to be. think about it. it's an olympic moment, 1972, 40 years to the day, and you say that's not the appropriate time? but it's appropriate to commemorate world war one and world war ii veterans? >> gretchen: i thought during the whole opening ceremony, which there is no way you could watch the whole entire clipping, they could have found a minute to honor. >> steve: they could have. >> gretchen: let's do some headlines. $200 million. that's how much u.s. auditors say was wasted on a program to train iraqi police officers. the program was supposed to be a key element in the ongoing training after u.s. troops left the country last december. but iraqi officials want to go distance themselves to americans never committed to the program, saying it wasn't needed or wanted. it's being drastically cut back. >> steve: meanwhile, president obama's so-called greatest success almost didn't happen. remember that picture right there? an explosive new book being released next month claims the president canceled the operation to kill bin laden three times before finally approving the may 2011 navy seal team 6 mix. the reason why? senior advisor valerie jarrett, she reportedly persuaded the president to cancel it in january and cancel it in february examine cancel it in march. >> brian: former president bill clinton set to play a key role in the democrat national convention. he will formally nominate president obama and give a prime time address prettying the president's economic vision judge and why he deserve has second term. democrats hope to capitalize on his popularity to rally the party because president clinton's role will supplant vice president joe biden. he'll now speak on the final night of the convention and kind of introduce president obama as he formally accepts the nomination. >> gretchen: brand-new study, our stressful jobs are making us age faster. critical dna shortens. it appears we have more to worry about than just getting wrinkles and gray hair. scientists discovered the damage is linked to parkinson's disease, type 2 diabetes, cardiovascular disease and cancer. so relax a little today. >> steve: relax behind the wheel because there is too much road rage out there. >> brian: pep you're a woman. >> steve: according to career builder.com, they did a survey and discovered that -- and it's close. women are more prone to road rage by slightly more than the margin of error, 61% to 56%. >> gretchen: how do they know that? >> steve: they talked to over 3500 people and asked them about, when you're driving, do you ever get angry and apparently more women responded than men did. maybe the men were lying. >> brian: you know why? >> gretchen: i think they did a study on when lies more and interrelate them together. oh, well. it doesn't matter that much. there are high percentages for both people. >> brian: you know why? because women suppress their anger. >> gretchen: that's according to dr. ablow. >> brian: right. who is the number one psychiatrist in the world. >> steve: that's why we have him on every week. >> brian: right. why would we have the number two guy? >> gretchen: brian, what too women do? look me in the eye and tell me. >> brian: here is the deal. what women do, and you live this. you tell me this is wrong. what my study revealed and talking -- i talk to so many women, this never comes up, though. women spend their whole day suppressing their angst, suppressing their rage and then when they get into a little bit of traffic where somebody refuses to signal or pull over or not look when they try to merge on a parkway, they explode! >> gretchen: i get it! i can relate to that. >> brian: do you agree? >> gretchen: 100%. >> brian: really? good. >> steve: good analysis. where did that come from? >> brian: dr. allow. so he's going to be here to find out if my explanation was normal or not. >> steve: right. one other thing that keith says is that people feel anonymous when they're behind the wheel of a car because there is a million cars out on the highway and so if you just start yelling at somebody, nobody is ever going to notice. then you wind up getting out of your comfort zone or believe your own personality which oftentimes is quite courteous. >> gretchen: i love the banner, girls gone wild. yeah. >> brian: it's true. >> gretchen: let's see what karen -- >> brian: i heard stevey d interest that. >> gretchen: if only we could do more. karen says yes, women president-elect obama do get road rage because of the way the men drive! interesting. >> brian: they are the catalyst to rage in that respect. >> steve: linda says, men don't see their behavior as rage. they view it as justification. reword the question and you'll get a different result. >> brian: there you go. one way or another there, a lot of rage on the road. >> steve: i think guys are distracted, though. so they don't have time to get outrageous because they're busy not asking for directions. >> brian: that's very true. they'll have somebody in the car yelling at you that you're ignoring them. >> gretchen: we will analyze that particular topic tomorrow. another leak making president obama look good. is politics trumping our national interest? peter johnson, jr. takes a look at that next. >> brian: another mayor lashing out at chick-fil-a for their stance on gay marriage. call it hate chicken. why is it okay for a mayor to speak his mind and not a restaurant's ceo to speak his mind? can you say hypocrite? i believe i just did it's something you're born with. and inspires the things you choose to do. you do what you do... because it matters. at hp we don't just believe in the power of technology. we believe in the power of people when technology works for you. to dream. to create. to work. if you're going to do something. make it matter. thank you, nana send money to anyone's checking account with chase quickpay. all you need is an email address or mobile number. you're welcome. take a step forward and chase what matters. >> steve: we've got quick headlines for you. a new government report revealing serious waste of money in afghanistan. united states dumping millions of dollars into construction projects that won't be good until after u.s. combat forces leave. the project was originally pitched as a vital tool in our fight against the taliban. a time report will be reloosed later today. so much for free speech. washington, d.c.'s mayor telling chick-fil-a not welcome in d.c the mayor, a democrat, says he won't support any expansion of chick-fil-a's franchises within the district of columbia because of the company's stance against same sex marriage. gretch? >> gretchen: leak coming out of israel. that top obama security official tom donnellan met with israel to discuss a possible attack on iraq. this ad to go a growing number of intelligence leaks coming from the white house as we get closer to the november election. so how will the white house respond? here to discuss this, peter johnson, jr. good morning. >> good morning. this investigation going on allegedly that the u.s. attorneys around the country are looking at it. no special prosecutor. if you look at the history of leaks, there's a pattern of these things. we know film makers were granted access to the seal team 6 intel. we know the secret terrorist kill list and the drone program in yemen came to light when it shouldn't have. then we heard about the president's orders of cyber attacks in iran to disable their programs. now we have this latest leak while mitt romney is traveling in israel, and the leak says that tom donnellan, the president's national security advisor, met with the israeli prime minister and it was discussed how america, not israel, how america would, in fact, attack iran. >> gretchen: why would -- obviously you can rook at it from a political point of view that they want to get the same even handed attention on the topic of israel, the obama administration does, so that's why they might do that now. but what does it mean about this leak? is this important because does it mean anything for our national security? >> yeah. i think the question is an excellent one. the point you make is good. obviously yes. saying we can be as tough as you, mitt romney, in defending our partner, israel, so this story is out there. israel then denies it and says listen, there was no one on one dinner. the meeting like that didn't take place. and there was no discussion of america attacking iran. politics seems to be trumping foreign policy. >> gretchen: you have a problem with that? >> i have a big problem with that. you know why? because people die as a result. people in iran are reading that story and they're saying, wow. this is maybe worse than we thought. we knew about cyber attacks. we knew about the disability of our computer systems and our infrastructure, but is america really sitting down with the israeli prime minister and having a dinner and saying, here is our plan to attack iran. how do the shock waves go out across the middle east in this story, if, in fact, it's done to bolster ambitions of a party or sitting president? that's disturbing. that's why there really needs to be a critical, independent investigation. >> gretchen: as an attorney yourself, do you think it's enough to have two u.s. attorneys looking at this or should there be a special prosecutor? >> no, there needs to be a special prosecutor. i never retract a sitting u.s. attorney. they've taken oath of office, but there needs to be someone who is totally independent, someone who hasn't given campaign contributions to the president in the past to say listen, i'm going to look at this fair and square and look at it in a way that's done very, very quickly. but it appears, and we don't know the source of this latest leak, but it appears that these leaks are indemic to the situation, especially when the report in the israeli newspaper says it came from a senior administration official. what are we to believe? why is it being done? will it hurt the u.s. interest in the end? will it hurt israeli interest in the end? it's got to stop. >> gretchen: peter johnson, jr., we'll see you throughout the week. thanks so much. >> thank you. >> gretchen: coming up next, one congressman firing up the house floor with this message for the president. >> take the heavy boot off the throat of america's job creators and let them breathe! >> gretchen: that congressman, mike kelly, joins us next with a message that's gone viral. first, let's check in with bill hemmer for what's on at the top of the hour. >> how was vaycay? >> gretchen: fantastic. >> welcome back. new polling shows mitt romney leading president obama in three key areas rather. brit hume will analyze. the cheneys and the palins, what was said and why on that. the alleged shooter in the movie massacre is back in court again today. how is that auto bailout working out? stuart varney will assess. we'll see you in ten minutes on a monday edition of "america's newsroom" new honey bunches of oats fruit blends and their unique taste combinations. like peach/raspberry. with one flavor in the granola bunch and one on the flake. two flavors. in harmony. honey bunches of oats. ke your day hes better. 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. strumming♪at my best. isn't it time you visited the places where time stops? and where the good ole days include today? then you belong at bass pro shops' fall hunting classic, our biggest hunting event ever. your adventure starts here. crispy granola, layered with creamy peanut butter or rich dark chocolate flavor. 90 calories. 100% natural. and nature...approves. granola thins. from nature valy. nature at its most delicious. >> brian: why can't private businesses create jobs? this congressman has an idea. >> you want to talk about creating jobs in america? when you want to see a nation that doesn't want to participate but wants to dominate in world market, then let them rise! take the heavy boot off the throat of america's job creators and let them breathe! >> brian: the crowd others. congressman mike kelly, the republican from pennsylvania, brought members to the house to their feet when he gave that speech this week. what are we going to do from here? how do we change the culture in congress and maybe delete some of the paperwork that was in your hand? >> good morning, brian. this is not the new york city phone book. this is the definition of a qualified borrower. this comes out of the dodd-frank legislation and it continues to grow. here is the answer to all this. look, 'til people become aware of what it's costing to do this, if you were a look at the american chamber of commerce, says there is 2 million people either out of work, underemployed or just given up hope. you know what that is? all of ohio wake up and all of pennsylvania waking up and no place to go to work. or feeling that the job i have is not paying me the right number. if we want to get america back to work, we got our kids in olympics right now. we talked the other day. they're over in london right now. they don't just want to participate. they want to dominate those games. for america to dominate in a global economy, we have got to back off these regulations. this whole idea about red tape and the cost of red tape, $1.75 trillion, about $10,000 per employee. could that money be used better elsewhere? i sure think so. the people i talk to when i'm walk not guilty western pennsylvania and on any of colleague, go home examine you hear from manufacturers, from bankers, people that make medical devices, pharmaceuticals, it's got to stop. brian, it's not just the feds. it's also the states and the locals. so you can't have this crush on the throat of an american job creator and say yeah, you want me to succeed, but you got to follow these rules. no wakes can't be done. >> brian: are you saying this is all coming down the pike recently or -- you're a small business guy. you have your dealership, your dad had it before you. is this new? >> no, it's not new. i wouldn't be in congress today after general motors was taken over by the government. they hadn't pulled one of my franchise. not in america. are you kidding me? my dad fought in world war ii. he's one of nine kids. he built something from scratch. we did build it, by the way. we built it. it didn't just fall out of the trees. but listen, you work your whole life and you believe in your country you and love your country and you see what's going on in your country today and you realize that the biggest inhibitor to job creation now is the federal government? my goodness, we better wake up. >> brian: do you have a plan in place to start attacking this in a responsible way? are any democrats aboard? >> yeah. i don't think this is a partisan issue. this is a job -- >> brian: it shouldn't be. >> well, it shouldn't be. but you start to wonder when you look at what's happened. this year, we're into july. we're right in 6,000 pages a month of regulations at the cost of $8 billion a month for these regulations. wait a minute. this administration said hey, we're going to make it easier for you? no, no no, it's not happening. we have to say look, if it has a cost that's too great, if we haven't done the up ins on it on why we put this regulation in place. all of us want clean air and water and not risk our economic freedom. we're looking at each of these things individually. there is a lot of pieces to this legislation offered by a lot of great colleagues and everybody had a chance to weigh in on it. so we've got a chance now to tone it down, make it easier for job creators to look into the future and say, i can afford to bring that gal or guy and afford to invest in brick and mortar and get this country moving again. >> brian: congressman, by making that speech yesterday, you raised some eyebrows and maybe we can create some dialogue and get a plan in place. congressman mike kelly, one of the many great football players from pennsylvania. thanks so much for joining us this morning. >> thanks. we got to get our irish up. >> brian: i know. former notre dame guy. your e-mails are pour not guilty on who has more road rage, women or men. we'll actual lea tell you what the results are when we return in two minutes. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. >> you've probably heard a lot about reverse mortgages lately and frankly, it may all seem just a little confusing. and if you're anything like me, you want to have all the facts before you make any big decision. that's why i want to send you this free dvd about reverse mortgages. it'll walk you through the process, from qualification to counseling to closing and also, answer some important questions. what are the costs and how do they compare to a traditional mortgage? 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[ revving continues ] ♪ during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection. with lean cuisine steam bags. get our crispiest carrots and our snappiest peas all freshly steamed in just minutes. steam bags from lean cuisine. be culinary chic. >> steve: the study shows that women are more prone to road rage than men by a slight margin. what do you think? linda in iowa says the survey obviously did not include a ride with my husband. linda, you are right. >> gretchen: and jones in florida, women treat other drivers like a hated ex-boyfriend. >> brian: it's true. >> steve: that's harsh. tomorrow on the program, laura ingraham will be with us. cheryl casone and maria menounos. >> gretchen: hopefully none of them will have rage. log on for our after the show show. have a great day. a fox news alert. all eye as the courtroom in colorado where with the suspected murderer in the movie massacre, james holmes faces a judge learning charges against him for the first time. expected to be hit with two counts of murder but there could be dozens. good morning everybody, i hope you had a good weekend. i'm bill hemmer. martha has vacation. >> i'm hither childers. today's hearing will be closed to cameras because of request for the defense. bill: last week we had a camera in the courtroom. this week not alicia acuna leads the coverage in colorado. what do we expect this morning, alicia. >> reporter: it will a busy day in court. james holmes will likely hear the charges against him. the defense has the right to waive the reading of those charges out loud in court. beyond the expectation of the 12 first demurder charges other chars could range in the hundreds. holmes is not expected to enter a plea. in fact he does not have to speak at all. he will need to acknowledge he understands the charges against him. there has been a lot of discussion in the legal community about holmes possible defense as well. take a listen. >> i expect they will pursue insanity. there is no other defense. it is not a whodunit. it was clearly premeditated. once they raise insanity the prosecution has to disprove it beyond a reasonable doubt and that could be challenging. >> reporter: there is a 13th victim that has died. ashley mowser miscarried the baby at the time of the shooting. that does not add first agree murder charges. the colorado allow does not

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