Transcripts For FOXNEWS Happening Now 20110111

them to the adams family. trace has more information. >> reporter: a lot more information about the condition of gabrielle giffords. the tucson sent tphepbt a short time ago said apparently he would get in a lot of trouble for saying this. he believes giffords sur rival rate is a hundred percent. on top of responding to basic commands, putting up her fingers, giving a thumbs up she's also been grabbing for a breathing tube. doctors say that is a really good signment think have brought in a world-renowned neurosurgeon to consult on the case. he'll be at the news conference that starts a few hours from now. two more victims have been released. there are five remaining in the hospital, three of them are serious, two of them are in good condition. we have a crew that has been posted outside jared lee loughner's house where his parents live because we are told that the father, randy loughner may make a statement today. they have said nothing. neighbors say that they are distraught and grieving, and that amy loughner has been in bed crying since it happened. we got a chance to walk near the crime scene to give you a better look at what happened. this is our first walk-through the crime scene since the shooting happened. it will give you a clear idea of how this went down. you can see the folding table on the corner of safe way, that's where the "congress on your corner" event was being held. above that was a banner, that's where the congresswoman was. the people lined up to greet her were lined up down this corridor toward the walgreens. police say jared lee loughner began shooting at the table, at the congresswoman and he made his way down this corridor as well. you can see evidence markers, they are lettered. that is likely where the shell casings fell. now this is also where the shooting ended, because when he ran out of bullets and tried to reload he was tackled, in fact one of the heros actually came out of this walgreens store and met loughner down here. we are also being told the stores have surveillance cameras around there and there could be a number of angles on this shooting. this. again, the first look at the crime scene of exactly where this shooting went down. we should note that the sheriff's department is not releasing any information or releasing the surveillance tapes at all taken from any of those stores at the crime scene, jon. jon: trace gallagher there in tucson, trace, thank you. harris: now to the young man, the quick-thinking man that may have saved congresswoman gabrielle giffords live. daniel hernandez jumped into action. he was supposed to appear here yesterday but continue make it after all. he went on the record telling our own greta that he used his first aid skills then rushed to her side. >> i checked two or three people before i noticed that the congresswoman had been hit. she had been hit pretty severely. she had a gunshot to the head and she became my top and only priority actually. she was on the ground, so my first instinct was to make sure that i protected her breathing, because i know that there is a danger of asphyxiation, especially in the position she was in, so i picked her up and i propped her up against my chest so she was sitting in an up right position, so that it would be easier for her to breathe. once i had her in a position where she could breathe i then tried to make sure that i applied pressure to her wound to make sure that we could stem as much of the blood loss as possible. >> reporter: did she say anything? was she conscious at all at that point. >> congresswoman giffords was completely conscious and alert and responsive to what i was saying. harris: do you see that picture right there. he is staying with her the entire time, even riding in the ambulance. i know from reports her family has thanked her her for his loving gesture. jon: by all accounts he did a great job. on capitol hill much of congress work is on pause as lawmakers and staffers remember the 20 shooting victims and pray for one of their own. well wishers leaving flowers on the hill's steps where hundreds stood in a moment of silence 24 hours ago. there are also signing condolence books available throughout the week. our chief political correspondent carl cameron live on capitol hill for us right now. >> reporter: the signing of the condolence books and a variety of commemoratives have been popping up all over the district of columbia. congress has suspended the vast majority of its work this week. there will be a resolution honoring the victims of this tucson tragedy tomorrow, but apart from that there really isn't very much going on. there will be ongoing prayer vigil services as well as conferences about security. earlier today senator john kerry the former presidential candidate, current u.s. senator, chairman of the foreign relations committee went to the think tank americans for progress and talked a little bit about the aftermath of all of this and suggested there has been too much finger pointing. there has been a tremendous amount on the left, accusations that conservatives are to be held responsible. he said surely many pundits and politicians are measuring their words more careful flow and thinking more about what they are saying. in the weeks and months ahead the real thing we have to confront isn't the role what decisive rhetoric may have played on saturday, but it is what the vie dense, devisive over plea simplistic dialogue does today. we are going to hear from patrick leahay and any legislation that will come out on whether or not extensive ammo clips may be banned. it would all go through jon: i was wanting to know from maria who grew up in miami after all if she has her snow boots ready. >> reporter: i do, i have two pairs. harris: thanks a lot maria. we are getting a closer look at the snow from viewers like you. take a look at this. mark posting this pic for us. forget about snowmen, pansy built a snow bunny. work it girl. upload your pictures by going to fox news.com flash. stay save so we can have you for the next storm. jon: doctors are keeping a very close eye on congresswoman gabrielle giffords today. this could be the worst day of brain swelling as she recovers from a terrible gunshot wound. we'll tell you what is being done to treat her and what her in-depth diagnosis might be. business is letting the white house and wong know what they are expecting from washington. we are live with that story. plus, we know a lot of you are online while you're watching. during the break you can check out today's hottest story. click on the most read link it's on our home page foxnews.com. 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that's right. president of the chamber, tom donahue wrapbg up his press conference on the state of business in 2011, praising what he called the new tone out of the white house as a positive development for the business community and for job creation, the chamber predicting that the improving economy will recrate about 2.5 million jobs in 2011, that is about double the number of jobs created last year. but he said that there are still risks to this economic recovery and that it is fragile. he said to reduce risks and to keep economic growth on track, that the chamber called for more trade deals, more infrastructure spending, more deficit reduction, and restructuring and reform of the process of regulation here in washington. back to you. harris: all right, peter, you mentioned risks. we will be watching this very closely. we'll talk more about it right now with jon. thank you, peter. jon: let's get right to the source harris for more on the administration's and congress' relationship with the business community. tom donahue is president and ceo of the u.s. chamber of commerce and is our guest now. the speech you've given is fairly optimistic. you say you're looking for job creation this year. >> reporter: i think we'll have about 2.5 million new jobs, about 1 1/4 of those are necessary for new entrance into the workforce. we'll then be able to hire back another 1 1/4 quarter of people already laid off. that will drop the unemployment rate only about a point. we are going to have to do a lot of things in two places, one to find other ways to create jobs, and two to deal with the problems that will create themselves during the course of the year, which might, you know, cause job growth not to be what we'd like it to be, but we are going to work together with the government, both on the hill and across the street in the white house, and do the best we can to grow this economy. jon: if we are going to get unemployment down to say 6% we need what, 13 million new jobs created over the next couple of years? >> well, you basically have to create 20 million new jobs over ten years to get where you want to go. but as you've seen, bernanke and others over at the fed are saying it will probably be about six years before we get to where we were. but i'm not sure that that covers all the new people coming into the workforce. but the critical issue is take away the uncertainty, expand and double our exports, as the president has thoughtfully suggested, move very, very aggressively to deal with these explosive regulatory activities, put some serious investment in our infrastructure, great way to improve our productivity and an extraordinary way to create new jobs. jon: one of the issues that you have with the american tax structure right now is the fact that overseas profits are taxed and corporate tax rates are some of the highest in the world among industrialized countries. do you think you can get the president and congress to address those issues. >> actually it's going to be the highest in the world because japan is just changing its rules. i believe that they can. the congress is going to do this i think in a broader base. it's not a one off kind of arrangement. i think the congress will look at the overall tax structure and how we compete or don't compete. one of the things i said in my speech in morning is that we are looking at the american economy, and the american business system, and government's engagement exactly as a football coach would look at the team he's about to play. he'd look at his own team and look at the other team and figure out what his strets and s and weaknesses are and what the other guy's strengths and weaknesses are. we are going to do the same thing and look at the government and see what they can do to create more jobs and what the business community can do to do the same. i'm hopeful that a real assessment of this will lead us in the right direction. jon: president obama has mentioned the u.s. chamber by name suggesting it had ideas or held positions that were in pop situation to his. do you see any of that changing? >> well they weren't in opposition to the president, they were in opposition to some of his policies. and he has a job to do, and we respect that, and i have a job to do, representing the american business community, and by the way if you made a list of all the things we supported over the last two years we are one of the most vigorous supporters of the things the president needed. stimulus, the gm things, all the issues of the banks, we were there on all those issues. we disagreed on other matters. we will continue to have agreements and disagreements. i believe we are moving in the right direction. the president is coming over on february 7th. we look forward to a very vigorous visit with him. i think that bill daley taking the job in the white house is a very positive step. gene sperling is somebody we worked with on a regular basis. i think everybody knows that this is a hand-in-hand effort. we can have economic growth but if we do it without jobs it's a problem for everybody. jon: a lot of people out there would like to have jobs out there right now, that's for sure. tom donahue is the chairman of economic committee. thank you very much. harris: now we get word joe biden and karzai have met and talked. how did it go? we are live in kabul. >> we are not out of the woods yet. that swelling can sometimes take three days or five days to maximize, but every day that goes by and we don't see an increase we are slightly more optimist teub. harris: this is one of those critical days they are watching. we'll take an in-depth look at congresswoman's giffords recovery and the road ahead for her as shy battles back from a gunshot wound to the head. a huge part of the country slammed with dangerous weather, massive about. >> reporter: now the announcement coming this morning that a new agreement worked out between apple and verizon which is considered by a lot of people to be the most reliable cell service in the country. you will now be able to starting next month buy an iphone that works over the verizon wireless network, which will be good news to a lot of people. if you already have one of these, you'll have to get -- probably get a brand-new phone, new iphone that would work with verizon and you may have to pay an early termination fee if you want to get out of your at&t contract before its up. it will be music to the ears of a lot of people who might not have been buying the iphone because they don't want to be on the at&t net work. next month they'll have a choice. harris: for people who have invested in the ipad it's interesting you say you have to buy a new phone, i wonder if they have to buy a new ipad that could be upward of a thousand dollar investment. >> reporter: that's true but i pads are available now on verizon. this has to do just with the iphone. i think a lot of people will go out and get them now that they are on verizon. harris: okay. thank you very much. jon: "happening now," vice president joe biden spends a second day in afghanistan, his first visit there as vice president, reviewing war strategy and meeting with afghan president har phr-rbgs i karzai, a man biden has been openly critical of in the past. >> reporter: joe biden has been a harsh critic of karzai. the vice president did not support a troop surge in afghanistan or the current u.s. counterinsurgency strategy in afghanistan. the vice president took a more upbeat tone today and even threw support behind karzai and the current strategy here and said there were signs of progress here in afghanistan that the surge and strategy do seem to be working. the vice president toured an afghan military training facility earlier today getting a firsthand look at the afghan troops that will ultimately take over security responsibility from u.s. and international troops by the end of 2014. joe biden met with karzai and expressed support for karzai despite past rocky relationships. owe expressed a long-term commitment for america here in afghanistan even after u.s. troops leave in 2014. in the past vice president biden was reluctant to commit to any type of long-term significant commitment in afghanistan. so there was a big change. the visit by the vice president comes at a time when the white house and other officials in washington d.c. are looking for signs of progress in gans. afghanistan. there has been a lot of inch fighting between the karzai administration and obama administration. today at least jon there were signs of a united front between the white house and also between the karzai administration here. jon: conor powell streaming live from kabul for us. connor, thanks. harris: we've been telling you all about this weather, this nasty weather that is moving across the country right now. it's in the southeast, atlanta being hit so far that they've had hundreds if not thousands of flight cancellations down there, with airlines, airtrans and delta. now we are getting word that the atlanta hawks are having hourly discussions with the nba as they consider possible postponement of tonight's game against the milwaukee bucks. we saw this in the nfl here on the east coast with the philadelphia eagles, now we are seeing it in the nba because of weather. i want to bring you up to date on something we've been watching very closely. on the federal administration's website you can see a tracking device that they've set up to show you where the slow downs are in the system. atlanta is not lit up period, it's pretty much not moving. the problem areas where the flights still are moving you've got o'hare and midway out of chicago as weather moves through there. then on the east coast whether the weather has yet to hit, a few miles from our studio in manhattan in newark, new jersey there are slow downs. it gets a yellow. it means it can be up to 30 minutes of a delay taking off and landing ahead of some of the weather that is coming in. so it's already having like a triple-down affect from the mid portion of the country. we will keep our eyes on this as people are still traveling. you have a lot of business travelers out there and leisure travelers even after the holidays. progressively this weather situation is something that we'll want to keep a close eye on. that's the travel update right now. jon. jon: it is a crucial day in congresswoman gabrielle giffords' recovery as doctors monitor swelling in her brain. a ia in your owe surgeon about y this is such an important day and what giffords might be facing long term. when president obama speaks at a memorial for tucson victims it could very well be the defining moment of his presidency. what he needs to say. chris stirewalt weighs in. ♪ ♪ ♪ ♪ ♪ [ male announcer ] at&t covers 97% of all americans. rethink possible. [ male announcer ] at&t covers 97% of all americans. what super fruit is taking sunsweet ones.orm? prunes? they're a delicious source of nutrients. wow! it's packaged by itself... that's fantastic! that is so juicy. this is delicious. sunsweet ones. over 400 million enjoyed, and counting. harris: right now we are waiting to hear from the doctors treating congresswoman gabrielle giffords. they've said before that today is a crucial one in her recovery, because brain swelling is usually at its very worst on the third day after an injury. here is the approximate trajectory of the bullet which cut through the length of her brain from back to front. so we've been told by doctors there at university medical center in arizona. joining us now is dr.ed cornell a in your owe surgeon at the brain and spine surgeons of new york. good to see you. i want to go back to the graphic. you can talk specifically about how the bullet may have traveled and what parts of the brain may have been affected. with you narrating we will learn a lot. >> it's a pleasure to be here with you harris. what we are seeing here is the bullet is actually entering i at the junction of the temporal and paretal lobe. that is where we have speech control. we are looking at this picture where in fact there is an area that is functionally very significant when it comes to speech, then it traverses the area which controls movement, that primary moater cortex which we see is very important in movement of the leg and the arm, especially the leg, then it goes up the frontal area which is also important in speech. the concern is that as she recovers she'll have significant problems in regaining speech and movement on the right side. harris: that's based on what we see here. of course the doctors are not right here to sketch this for us. this is based on what they told us. >> right. harris: this is your expert opinion based on the trajectory. let's move ahead and tell us how important is the swelling. she says they are not out of the woods yet. the doctor are optimistic. >> there are several things that can occur. the swelling can develop its peak at 48 hours, but is able to swell. there are other problems that can occur. there can be delayed infection, and that can occur several days after this type of an injury, even though she is most likely on anti-by ot particulars now. there could be a delayed hemorrhage in the brain from the area of the brain that has been damaged, that area sometimes can bleed. there can be area of bleeding along the surface of the brain called a subdural people a toepl ma that can occur in a delayed fashion. i don't know the details of her specific injury. you can develop water on the brown, so as the fluid cavities dilate you need to drain them. harris: there -- considering her right now she is in critical condition, you just explained to us why. looking ahead how long a road to recovery might she have, and is it realistic to think a full recovery is in the spectrum? i know i'm asking you almost to look through a crystal ball with the exception of the fact this you're an expert. >> it's a tough question to fully answer because as you mention we don't know the true specifics. if we assume that the diagram that we've seen is correct, then it's going to be a long road to recovery. harris: how long? >> it will be months, and possibly years, and most likely there won't be a complete recovery. what we would hope for is that she is able to be the person she was before, in terms of her personality, and her intellect, but it's going to take a longtime for her to regain speech function, and movement on the right side. harris: dr. cornell i know i read some notes that you had on this that you also like the other surgeons are bolstered by the fact that she is doing some communication now with the squeezing of hands. i want to thank you for joining us today. >> my pleasure. harris: as the doctors step up to the mike for a news conference in the next 20 minutes as they are expected to do in arizona at the university medical center we'll certainly take you to that live. thank you again, doctor. jon: harris do you see a certain sound. harris: i do. jon: it's the sound of the first baby boomers hitting retirement age. this is going to place an incredible strain on our nation's economy, even though they might be looking forward to it. they will be counting on collecting the benefits they have been promised from the government, things like social security, medicare, jim angle is live for us in washington. >> reporter: the first baby boomer turns 65 on new year's day and a tidal wave of 77 million more will follow. listen. >> the next 20 years, around 10,000 baby boomers will be retiring each day. that means more people collecting social security, more people collecting medicare, more people collecting medicaid as well. >> reporter: fewer people buying cars and homes and consumer cars of all time as they pass their peak earning years and head into retirement which could be a blow to the economy. it will clearly be a financial calamity for the federal government. a boomer requires every two seconds for ten decades shifting taxes into social security and medicare to collecting benefits from them and the federal government doesn't have enough money to pay the promised benefits. listen. >> the federal government is going to be bleeding money as the baby boomer retires. >> we know we can't pay all the social security and medicare benefits we've promised. there isn't enough money in the world to do that. we know we'll have to make cuts. >> reporter: the two programs need tense of trillions of dollars to pay all the promised benefits. retirees will be growing much faster than the number of taxpayers paying in, which means those people will have to pay more to support the boomers in retirement, listen. >> we are looking at nearly one out of every $3 to workers earn to support two federal programs alone, social security and medicare. >> reporter: though there are lots of proposal to repair the finances of social security and medicare, though they are politically difficult, the longer lawmakers wait the harder and more painful it gets. there is a consensus that we cannot cut benefits of people once they start receiving them. any changes have to be made well in advance, jon. with more people retiring every day that gets more and more urgent. jon: i thought retirement was supposed to be worry free. >> reporter: not any more. but the people who are working and supporting the retirees may have to worry more than those who are in retirement. jon: yeah, they've got the bigger trouble don't they. jim angle, thank you. >> reporter: you bet. harris: president obama set to lead a moment of silence yesterday at the victims of the arizona shootings. we showed you that. tomorrow he will address the nation from a memorial service to be held at the university of arizona. it will be a defining moment for his presidency. chris stirewalt is the fox digital editor who is joining us. good to see you this morning. >> good to deyou. harris: you say defining moment for this president. why? >> this issue is tied up in so many things. this tragedy, this massacre is not only a moment of a psychic wound for the nation, but this has become a highly politicized moment, a very fraught, complicated issue. the president is feeling a lot of expectations from his side of the aisle, and to use this as a moment to denounce angry rhetoric, to denounce the nature of the political moment, but at the same time there are a lot of questions from regular americans about how this happened, and why. so this is a big stage, a big moment and a big test for the president. harris: yeah, you know, i've heard you say there is a right and a wrong way for the president to go forward. you alluded to that because of him possibly taking the stance of trying to correct what he might see as rhetoric out there, having been behind whatever happened in arizona, although all the evidence now that we're seeing is that this guy had some real mental problems and that politics really were not a part of it. the right and wrong way, first of all what would be a misstep by this president? >> reporter: certainly there is pressure from within the democratic party and on the american left to use this as a moment to castigate and chastise republicans. you've heard the accusations against sarah palin and others. but this is a political moment where president obama is trying to reach out to the center, where president obama is looking to heal some of the partisan divides that he perhaps helped cause, but now wants to heal and bring the country back together to get behind his agenda so they can get past this election. at this very moment he's not in a very good position to try to use this to talk about the political discourse, and if he does try that he's probably going to miss a chance to reach out to the center and reach out to the right, as he's been trying to do and as we just heard from tom donahue at the chamber talking about the business community welcomes his overtures. i think america in general wants to welcome the president's overtures. harris: real quick hraoet right thing. >> reporter: the right thing is to be a healer. this is a moment, we saw president bush after september 11th, after the virginia tech shootings. we saw president clinton after the oklahoma city bombings and other moments, this is a time where presidents can act as a balm, a healing agent for the nation to talk about grief and you don't need to maybe it political. harris: chris stirewalt dissecting what will be a defining moment in the president's legacy so to speak and presidency. thank you so much, chris. you can get powered up every day with chris stirewalt's power play. go to foxnews.com and click on politics. it will take you there. jon: sticking with politics, harris, president obama's tack toward the center where this move stacks up with other presidential moves to the middle. why it may already be paying off. perspective from doris kerns goongoodwin. [ male announcer ] if you've had a heart attack caused by a completely blocked artery, another heart attack could be lurking, waiting to strike. a heart attack that's caused by a clot, one that could be fatal. but plavix helps save lives. plavix, taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming dangerous clots. ask your doctor if plavix is right for you. protection that helps save lives. certain genetic factors and some medicines, such as prilosec, reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur. jon: president obama's move toward the political center after those brute physical midterm election losses may be bearing fruit in the gallup daly tracking poll his approval rating hitting 50% since last spring. a change in the playbook and line up could already be paying political dividends. let's talk about it with historian, doris kearns goodwin. first ever all do you agree with the premise that this is a move toward the center on the the president's part. >> i definitely agree with the premise. what you saw in the white house shakeup, by bringing in daley and sperling, people who had business experience is that he's come to the conclusion that if the economy is going to grow he and business have to have a partnership in years ahead. for those of us who lived in the past it's reminiscent of what fdr did in 1940. think of it. we were in the middle of a depression, the war is happening in european he brings in two top businessmen, the head of chrysler and sears roebuck, he brings them in and says we have to get business to mobilize to be able to produce the ships, the tanks, the the weapons we need. it's the most extraordinary business partnership we had ever seen. he allowed business regulations to be undone pretty much. he brought in tax credits, allowed the plants to be government paid and then the business would run them, and never has government and business been better at that moment. if he's looking back to the past as we historians always do there is no better analogy than that. jon: even ronald reagan replaced some people in his cabinet and came out much better, at least in terms of public opinion polls. >> reporter: you're absolutely right. in the wake of the iran contra hearing when reagan's approval rating has fallen he replaced his chief of staff donald regan with the much more affiably carl baker. his popularity went up from 43 to 63%. he was able to negotiate with the soviet union, because they were less hard liners and the country liked that. he understood that he had to make a shift and that shift was very good for him and the country. jon: it's interesting, wiebe began this hour with an interest vie with tom donahue the president of the u.s. chamber of commerce. he seemed to indicate that relations between business and this white house are warming, is that just because of the appointment of say a bill daley, a more pro business chief of staff? >> reporter: no i think what he is recognizing is that the president has made a different tone in his comments, that the president needs the business community, as the business community needs the good relationship with the government for export. the goal for both of them, for both business and government is to make america the most productive economy in the world number one, that his way above the partisan dived. i think the tone is that. going back to my old buddy fdr chamber of commerce hated him during the 1930s. they hated him and they made peace. it took 300 days to make a cargo ship and we needed them desperately. because of the way business and government worked together they got it down to 200 days, one hundred days, by 1943 they could make one cargo ship in a single day. it shows what happens when the entrepreneural spirit of america is tied in with the right incentives with business and government alike. jon: there are millions of americans that would love to go to work doing that sort of thing. good to have you one. >> reporter: thank you. harris: a dire warning now on north korea. sevens secretary gates saying the rogue nation could develop a missile capable of carrying a nuclear war head to the u.s. within the next five years. how do we prevent that? we'll be right back. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. and six slices of kraft 2% milk natural cheese for a dollar or less equals 22 grams of delicious whole grain that are good for you and your wallet. when you can have triscuit, why snackrifice ? harris: hillary clinton now making the first visit to yemen by a secretary of state in some 20 years. it comes as al-qaida's group there flexes its muscle. you'll remember it was that same group that was behind the deadly bombings at the u.s. embassy back in 2008 and the pwofpz christmas day bombing over detroit in 2009. doug mcelway is live for us in washington. yemen is more and more on the radar when it comes to keeping a watch on terror. >> reporter: this approach of hilly visiting there is a carrot and stick approach to yemen. it's been the united states strategy for the better part of 20 years with this unpredictable part time friend in that part of the persian gulf. the stick component now includes drone attacks on suspected terrorist hideouts, that as yemen gains a reputation as a favorite safe zone for al-qaida. among those believed to be hiding out there. the carrot approach was a visit by secretary clinton, a secret visit. she said yemen has announced a number of reforms that we in the international community look forward to supporting in the economic, social and political sector. we support an inclusive political process that will in turn support a unified prosper rust stable, democratic yemen. above all the united states is committed to the people of yemen is what she said. among the people of yemen, harris, there are an extraordinary number of bad players. harris: doug mcelway, thank you very much for wrapping that up, the secretary of state's visit to yemen. good to see you by the way. >> reporter: you too. jon: a powerful winter storm expected to dump heavy snow on the northeast. it's the same storm that's been pounding atlanta. how tough it will get in some areas straight ahead. we are also standing by for an update on the conditions of congresswoman gabrielle giffords and several other patients wounded in this weekend's mass shooting in tucson. their doctors and even some family members of victims are expected to speak any minute. be with us when it happens. 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[ male announcer ] don't be left behind. at&t. the nation's fastest mobile broadband network is getting faster with 4g. jon: a fox news alert, new developments this the tucson shooting. we are about to get a medical update on the victims. hello, i'm jon scott. harris: i'm harris faulkner in for jenna lee. a news conference, as you heard jon say, about to get underway at university medical center in tucson. we're looking live at the podium where we're expecting the doctors to come up as they have each day. we await the latest medical update on the condition of congresswoman gabrielle giffords and possibly family members as well, today's marking a critical day for giffords' recovery. jon: swell withing of the brain often reaches a peak on the third day after a traumatic injury, one of her doctors earlier this morning saying there was no change in her condition overnight. they take that to be good news. we'll be getting an update any minute now i. we understand that relatives of some of the shooting victims will be speaking including members of the family of congresswoman giffords. mike tobin live at the hospital, what can you tell us, the latest on her condition? >> reporter: doctors have been very encouraged by the fact that the congresswoman clung to life for one more night. and as they begin speaking, that's dr. peter rhee. i'll sit down. >> i'd like to, again, take the opportunity to thank the citizens of tucson and everybody else in the country and the world who's been sending us their thoughts and their cares. it's very much appreciated. i just don't want to get too long into this, but i do have to put out a little word for the people in the hospital, all the -- everybody in the entire hospital from every aspect of the health care system is doing a great job, and i just couldn't be prouder of a more group of unitied people. we're going to do a couple things. i'm going to update you on the patients we have in the hospital, dr. lemoe will update you i, ask i'm going to introduce two additional physicians to make a statement at this time period. first of all, we are currently at six patients still remaining in the hospital, one in critical condition, three in serious condition and two in fair condition. one of the patients is undergoing surgery right now, the other one has already had their surgery today. additional surgeries are planned for the rest of the week, but everything is currently going well with all of those patients, and they're progressing as expected. so far no issues or problems at this time period. i know that you're here, you want a good update on the one patient that remains in critical condition in the icu, that's the congresswoman, and i'll introduce dr. lemoe. >> so i'm going to update you on congresswoman giffords' status. i'm happy to say that she's holding her own, and her status is the same as it was yesterday, she's still following simple commands. we've been able to back off on some sedation, and she's able to generate her own breaths. she's breathing on her own. the only reason we keep the breathing tube in is to protect her airway so she doesn't have complications like pneumonia. at this point, i'd like to take you through, if i could -- i would like to -- the step by step process when we first talked about her operation and her immediate postoperative of care, but unfortunately i can't because this is the phase where it's so much up to her, and this is where we constantly say it's week to week, month to month, and i know everyone wants to hear new results every day, but as long as we don't backslide, that's good. that's hopeful. but we have to play this according to her timeline, not ours, and we have to avoid the frustration that so often the family will feel, we the doctors will feel and, of course, all of you will feel. she's going to take her recovery at her own pace, and i'm very encouraged by the fact she's done so well. a penetrating injury through the skull, really, the survival let alone recovery is abysmal. and she has no right to look this good, and she does. we're hopeful, but i do want to underscore the seriousness of this injury and the fact that we all have to be extremely patient. >> as you know, the congresswoman's husband is an active duty navy personnel who's an astronaut, and the resources of the entire military has been made available to us. so earlier on in this time process what we did do or what i did was i took advantage of that scenario and situation, and i asked two people to come here and give me a little consultation and advice as to what we could do in addition to what we were doing. these are world famous people. first is dr. james eckland, retired colonel, united states army. he was the, he served with distinguished honor during the war in iraq especially and probably the most experienced with penetrating trauma in the united states, and currently he's chief of surgery over at fairfax. then dr. jeff link, colonel link, he's active duty as well. without a doubt the most prominent and well known neurointense vis in the military and the country at this time period. both of them are professors at the university of health sciences which is the military medical school. dr.ling, i'm sorry, was on his way to afghanistan when he got that mission aborted and was able to come here and give us an in-depth view and did a consultation on the congresswoman. they've looked at all the information that's available to us, and they're going to make a quick and brief comment, and we will not be doing questions and answers with them, but they have prepared a statement and will make a comment or two. p. >> it's been our privilege to consult on congressman giffords' case at the request of her physicians. everything we've seen reflects the highest quality of care. dr. rhee's team aggressive resuscitation and the decisive surgery -- surgical intervention saved her life. she has the optimum environment for brain healing. we've also been inspired by the immense strength of her husband mark and her staff. we join the rest of america's hopes and prayers for congress month giffords and her -- congressman giffords and her family. >> be i'd like to take a moment to reiterate a very important point that the doctor was trying to share with you, and that is that this is, indeed, a very serious injury. make no mistake, she was shot, the bullet did enter her skull, the bullet did traverse through her brain and exited out the back leaving behind some fragments and some bone, so she is critically ill. the good news is that she is, in fact, thriving under the very good, excellent care that's happening here at the university of arizona. however, it is going to be a process, now, where her recovery is, in fact, very much dictated upon her own recovery. and that's going to be a process that's going to take some time. it's certainly going to be day by day, but i believe with all of the support that she's been getting here at the hospital from a medical and nursing standpoint as well as all the support she's getting from the community here at large both in tucson, arizona, and in the united states, we are all very hopeful. i want to reiterate she is, in fact, very critically ill from a very serious injury. >> thank you. tom, unfortunately, is a devastating health care issue we have in this country, it's the number one cause of years of life lost. it outdoes cancer and anything else you can think of because it affects the young as well as the old. and there are many people that are injured in this unfortunate circumstance, there are people injured every single day. however, i know that we have one particular person that we're always very interested in, however, there are many side to this story, and there are human beings involved in this from every aspect. so with that, we have several additional people that we're going to make available to the staff here. angela robinson and penny wilson who are daughters of ms. stoddard who was discharged yesterday and also bill hellman, her husband is currently uh-uh undergoing -- undergoing surgery now, and they'll be available here. i'm going to coordinate that with katie reilly, our pao officer. okay. so we'll go ahead and excuse the physicians out of here, but we'll go ahead and start with mrs. stoddard's family. if you'd like to come up. what we could do, ma'am, is you can start off with a statement, if you'd like, or we can go straight into some questions and answers. >> we'd like to start off with a statement. >> yes, please. >> thank you for being here. we've been rather hesitant to discuss this. i think my first statement, our first statement as a family we speak for ms. stoddard's four sons and sisters, and i think we'd like to complement the hero that lie in our father, and we're just blessed that he's walking with the lord now, but what a way to go. as the hero, he lived that kind of a life. and i also think at this time we would love to say that it just brings the hero out this all of us at times of tragedy. differences don't matter in families whether you're divorced, single, in between. as a school counselor, i know that families have to come together no matter what, and this is a time that we all just join hands for the good of all and find the hero in every single one of us. we've seen each person's positive qualities rise to the top as we've all been able to endure this and make the next arrangements and go step by step with what happens next with dad. >> and we just are very appreciative to everyone who stepped forward during the tragedy and as it went forward. it's so many people to thank. there were people on the scene that sat with our parents, prayed with them, held them, helped them as well as everyone else. there are volunteers that are organized as well as unorganized volunteers that step in just immediately. the hospital staff, the fbi, everyone has been extremely helpful, and we appreciate that. our thermos doing quite well actually. she has a lot of strength and -- >> courage. >> courage, and she will go forward. she has a long road ahead of her, but her condition is good, i think. she's resting, and we just appreciate everyone. >> thank you. >> i'd like to introduce bill hellman, and he's going to make a few comments as well. >> good morning. my wife, susie, was the person who took christina taylor green to this event. we've been here since 2006. my wife and i were fortunate to pick a community that we wanted to be part of, and tucson is the one that we selected feeling that it was one of the most natural melting pots of america that we could ever find. it's been a very, very decent community to us, so this event, i think, is extra shocking because of that. i have to say my personal experience from initially getting the call on saturday from anonymous woman on the scene who let me know that susie and christina had been in an accident, and i'm down in the emergency room here, and one of the first people i met was a minister who had heard the news and walked in off the street, not part of the staff. he was there comforting people. that's my tucson. i was later, not being a particularly religious guy, my hand was held by a woman who said a prayer that since has made me feel was particularly influential in this giving my wife some good luck that first day. she was operated on saturday by the trauma surgeons. she had been hit three times by bullets. thankfully, spine and organs were all intact, and her biggest issue on an ongoing basis is a fractured hip which is being addressed today as we sit here. there's been heros involved in this from my perspective from day one including those good people in the emergency room who dealt with this incredible chaos but looked to the feeling of all of us who were so unknowing and so scared as to what was what was going on. to every nurse, every orderly, every doctor that we've met so far, i'm so impressed with the quality of care we're getting from this institution and how they operate and the care they take in the sensitivities of those of us who are going through this. susie is going to be fine long term. not sure she's going to be quite as active with all of her physical activities for a while. she'll be in a walker for three months and be serious physical rehab after that, but she's a tough, strong woman and a survivor. the greens very much remain in our prayers every minute. they are dear, sweet friends of ours who have been from the get go trying their best to take care of susie despite the loss that they've personally suffered. the graciousness that that couple has shown given the tragedy that they've experienced is unlike anything i've ever experienced. and beyond the safety of my wife and those of the other victims, i most pray for john and roxana. >> thank you. this is a difficult moment for these family members, but we'll open this up for a brief period of questions and answers. >> doctor, could i just ask you, it sounds like after further analysis you're now convinced that went through the front of her head and out the back, not the other way around? >> the trajectory, it went through -- there's an entry and an exit. which one is which we can't say for sure, and we always want to be a little nebulous about that. we do think from the expertise they're giving to us it probably went in through the front and came out the back. >> can i ask ms. stoddard a question, please? we were speaking with mike who was your mom's pastor yesterday. >> yes. >> he said he'd spoken with your mom and said that she felt -- [inaudible] saved her life. >> absolutely, she did feel that way. he heard the shots and covered my mom with his own body and protected her and saved her, yes. mom definitely felt that way. >> i think further of that is because as dad lay dying, mom didn't know she'd been hurt. she thought that she was holding him, and her leg started hurting, and it wasn't until they got to the hospital that she even realized she'd been shot. >> it sounds like the couple really came together -- >> it was a beautiful way to say good-bye and go home. >> bill, could you tell us more about where your wife was when this happened ask her experience as she relates to you and, also, how she's doing mentally having been the one to bring christine p that to the eventsome. >> susie and christina were holding hands in line waiting to shake gabby's hand. they were there because my wife is very active in any community that she lives in. and she had become when the greens moved to town about a year after we did, roxana reached out to the community for help with baby sitters and yard workers and other such p things, and susie was the one who answered the e-mail, and they'd linked up and become quite good friends. and in that process the green children have been at our house, and we're aspiring grandparents with kids who aren't married yet, so we enjoy little kids when we get a chance. and zeus i and christina are generationally apart but very much birds of a feather. when christina was elected to her student council and started to express interest in government and the notion of helping people, my wife had been a social worker in new york and chicago and is, again, of that ill -- ilk. and susie started looking for an event that they could share, and gabby's event made all kinds of sense both from my wife's personal political preferences as well as the fact it was a magnificent chance to provide a positive public female role model for little christina. so the two of them were together holding hands, and most of what susie has shared with me about the specifics are on the edges of a morphine-induced haze, so there hasn't yet been a clear, precise discussion. from time to time, in moments of discomfort things come out. she's recalling and remembering and having flashbacks of uncomfortable moments. i don't feel prepared today to put together a cogent timeline of exactly what occurred. i hear her in her semiconscious ramblings screaming out, christina, christina, let's get out of here, let's get out of here. and she keeps talking about the holding of hands and then the realization she was on the ground, and the bleeding was profuse. her memory seems to end there. >> does she know what is happening to christina? >> one of the first good impressions i got from this institution was with when i was pulled aside by a social worker who rightfully identified that the toughest issue that was likely to be faced by susie was dealing with what happened to christine that. and, again, my wife has worked in this and with families that have of dealt with terrible tragedies in her prior social working career. and in her clearest-headed state she is quite understanding that this was the act of a madman and that blame does no good for anybody. unfortunately, we're all human, and we have dark moments where the inevitable occurs, and we're going to have that as an ongoing issue to deal with. what i wanted to make sure everyone knows is that to the extent that mindset sets in, it's not being induced by anyone at all who's been involved and certainly not by the greens who, the morning after the incident, roxana sent us a lengthy e e-mail, and john and i had been playing telephone tag until yesterday, but we got together, and we cried for about ten minutes. that's enough. >> do you know if your wife knows -- >> oh, i'm sorry. yes. susie had her breathing tube removed late saturday evening. she looked me in the eyes and said, what about christine that? christina? we were advised that the exact right thing to do which happens to coincide with 40 years of knowing her was to tell her the exact truth which we've done. i was initially very happy she was full of morphine. i think that it may have helped just soften the burden somewhat. she's only kind of coming out of all this very slowly, and i don't know for sure all of what has truly been absorbed at this point. >> but in all likelihood, she and christina were holding hands when they were shot. >> yep. >> can i ask a question to the ladies? obviously, this has been a very, very difficult time for you, and your focus must necessarily be on your family. what, if any, thoughts do you have for the man accused of doing this? >> we're not going to answer that at this time. god takes care of that. >> could you tell us about your parents' life together before this good-bye? >> well, they married 15 years ago, they were sixth grade girlfriend and boyfriend, and they had a wonderful, loving life together. it was quite a blessing for them as well as the extended family. >> they were very happy. >> i'm sorry, did you say -- how many years ago did you say? >> 15 years ago. >> 15. they were high school -- >> they were sixth grade girlfriend and boyfriend. >> and then both of them lost their spouses, had been married 40 years to wonderful other mates, and when their mates died within a year apart, our mom moved back to tucson, and dorry moved back to tucson. one was in washington, one was in oregon. they remet and married shortly thereafter, ask it's been a blessing for all of us. >> where did they remeet? >> in tucson. >> i mean, was there an event -- >> they were, they were both very good friends with each other's -- with dorry's cousins, carolyn and jack. and they reintroduced them, and they decided to be boyfriend and girlfriend again. [laughter] >> for the rest of their lives. >> just so we know perhaps you'd introduce yourself and tell us your relationship. >> we're sisters. [laughter] >> your names. >> penny wilson. penni. >> i'm angela robinson. >> are you both from tucson? >> yes. >> and you're both dorr win's daughters? >> i'm claiming him as my daddy. i had a dad, he was my daddy. >> is your mom, has your mom been conscious enough at all to know? yes? >> oh, yes. >> they'll be available for further detailed questions if you want -- >> i think this is one opportunity, so maybe one or two more questions. >> has your mom been conscious enough to kind of though what's going on? has she been in any position to look out the window and see anything going on? >> mom's been very aware of what's gone on from the very beginning, i think. >> is she aware of the show of support that's being played out here in the hospital and her reaction? >> yes. she is very grateful. she's very aware of what is going on and the kindness and just the huge outpouring of support for everyone. >> we heard that dorry was a volunteer at the church here, he just fell off a ladder or something like that? what kind of a guy was he? >> dorry was a busy little guy. [laughter] he took care of anything that was broken, was going to break. he was always thinking about how to fix and repair and help anyone and everyone that he could. he was always available for that. >> i'm getting the signal, so we're going to probably wrap this up. again, i appreciate everybody's cooperation. you guys have been fantastic. obviously, it took a lot of courage from the family members to do this, so thank you very much. >> thank you. harris: and we've been watching there the live news conference with now, really for the first time, getting real texture and information about some of the victims who died and the massacre on saturday and some who survived from family members who joined the surgeons this morning in tucson, arizona, at the university medical center where congresswoman gabby giffords remains in critical condition. jon: i was tearing up. harris: yeah. it was really hard especially when the two sisters of dorwin stoddard, he was the older gentleman. when the bullets started, the story is -- and you heard the daughters saying it -- he jumped on top of her to protect her from the spray of bullets. and they said, look, this is a hero. this is our real-life hero. it was hard to keep it together, but we're learning more about the others in all of this, and that's a blessing. jon: when she said, when angela robinson and, i'm sorry, it was her daughter, angela robinson stepped to the podium and talked about how she was holding her husband's hand as he, as he took his last breath, she said a beautiful way to say good-bye and go home. boy. harris: you know, the other thing, too, little christina green, we know there was someone holding her hand. i think we knew i who had taken her to that event, susie hileman, but from her husband bill we got to hear exactly what those last moments were between those, between that little girl and his wife. really, really touching moment. and then we learned some more about the congresswoman's injury as well. jon: right. it appears that now doctors think that she was shot from the front, that the bullet traveled through the front of her head and out the back. they say it's difficult to tell in some of these trauma situations exactly what the path was, but it appears that that would be the case. and that might make sense since we believe that she was the first one shot. at any rate, there are some clues to the motive behind the massacre, those continue to emerge as well including evidence of a prior encounter between congresswoman giffords and her accused attacker, jared loughner. there is still speculation raging, though, about what to blame for the tragedy and whether politics played some role here. james rosen has that live from washington. james. >> reporter: jon, good afternoon. because in a political figure was attacked so many people are intent on seeing a political origin for this crime, liberal pundits, meantime, are urging president obama to seize this moment the way that president clinton did, the oklahoma city bombing, as an opportunity with one stately speech to elevate his own standing this the olds and that of his party following a poor midterm election showing. at the same time, democratic lawmakers continue to assert that the murders allegedly committed by jared loughner were somehow the result of a uniquely poisonous climate in american political life today, the latest exponent of this view speaking at the newseum in washington was an official with great influence over legislation relating to gun control, law enforcement and other related issues. the chairman of the senate judiciary committee. >> the printed page, the radio microphone, the televised image, the tv ad, the blog posting, the twitter feed all have the power to inspire, to motivate and to inform. but they also have the power to inflame and incite. the seething rhetoric has gone too far. >> reporter: conservatives have continued in the wake of the massacre to reject suggestions that they were the chief culprits in creating an aura of hate. as one democratic lawmaker put it, that stoked the gunman to action, and can they have continued to cite the contrast with the liberals' response to the ft. hood massacre. newt gingrich said, and i quote, i think it's amazing that people who cannot bring themselves: >> reporter: finally, senator john kerry, the massachusetts democrat, has also spoken out on this subject just minutes ago telling an audience at the center for american progress, a liberal think tank near town, that, quote, the real issue we need to confront isn't just the role devisive political rhetoric played, it's what oversimplistic dialogue does to our democracy every day, up quote. that from senator john kerry. jon: james rosen, an interesting look and analysis there. james, thank you. harris: we stay with the story. jared loughner facing federal and local charges, suspected of killing six people and wounding 14 outside that safeway in tucson. the federal charges will take precedence, but the pee ma county prosecutor is vowing to get justice for all the victims. mr. horn, thank you for being with us today. are you -- there you are. i want to ask, first of all, how does the legal process go from here? we know that jared lee loughner was in a court yesterday before magistrate, a judge yesterday. what happens next in all of this? >> well, the federal government is taking jurisdiction to prosecute the federal crimes. the county, pima county, would have the right to prosecute state crimes. we have offered our help to both of them, but it's in their jurisdiction right now. harris: and, you know, as you look at this case, i know you're saying they're taking the lead, and you're offering help, but certainly as a legal mind -- and i've read some of what you had promised when you were running. you said you need to have an attorney general who will win cases. how would you best advise those legal minds handling this to go forward with this case? what would your advice be to those attorneys? >> well, if a death penalty is obtained by the county, then my office becomes responsible for the appeal. and, of course, one of the issues with capital crimes is to try to get it done swiftly because there have been such long delays when there have been appeals in this death penalty cases. and this is a case that, i think, calls for swift justice. so that would be the role of our audience, if there were to be a death penalty and it was appealed, which is automatic, really, in the case of death penalties, it would be the job of my office to try to pursue it quickly because we all want justice in this case. harris: what might be some of the complicating factors in this? we were just watching a news conference where we saw some of the family members talking, bill hileman's wife survived, she was with christina green who did not. how much does it complicate things legally when so much information gets out? we're hearing from friends of jared loughner. tell me about that process. >> well, i think people are anxious to hear from the victims, and one of the, actually, one of the additional tragedies in this a time of -- in a time that is rich with tragedy is we read in the newspaper that this group that protests at the funerals of slain servicemen now are planning to protest at the inflict more, more harm and more suffering on people who are already going through terrible grief in order to attract attention to their own cause. that they are bullies to that extent. that they would take advantage of people who are vulnerable and not only care about their suffering but care about getting attention to their cause. you scratch a bully, you find a coward. they don't attack people that can't fight back. it is job of government to protect people who are being victimized by people like that. harris: you're talking about the members of the westboro baptist church out of topeka, kansas. thank you for joining us with and speaking about that. jon: building a new bridge to china. the defense secretary robert gates has high hopes for new talks on military relations but there are some problems, we'll be talking about it with kt mcfarland next. also epic floods literally wipe out entire towns. it is happening right now in australia. look at those floodwaters. no sign of all of this letting up. the latest on the intense search-and-rescue operations down under. our must see moment of the day. jon: tucson shooting suspect jared loughner has a high-profile defense attorney, a federal public defender who definitely has her work cut out for her but a law passed after the attempted assassination of president reagan is going to make it difficult to plead insanity in this case. insane or not, could anything have been done to prevent this and are there others who might be culpable in that terrible shooting spree in tucson? let's talk about it with fox news legal analyst peter johnson, jr.. you think there are some organizations or personnel who bear some responsibility? >> i think there is responsibility in terms of insuring that mentally ill people are given an examination, and there appears to be a determination made by the pima community college, based on five instances with their police department that this man was not only a danger to himself but a danger to the community. in fact they delivered a letter to his house so saying and saying the only way you're going to come back to the school, mr. loughner, if you prove you're not a danger to ire self and to the community. i say under arizona law, responsible persons according to their statute have the ability to go to the police and say, this person should be brought for an evaluation. and then there's a court hearing to determine whether someone should be committed for psychiatric evaluation treatment. jon: they just didn't find him a little bit crazy? they found him dangerous in your view? >> everyone in that community, from the sheriff on down said he was disconnected, that he was unstable. he was emotionally not fit and, they had pure evidence in terms of these youtube videos. the question asked is, why didn't they act? jon: and what about the sheriff? he has kind of pointed fingers at the media and politicians and so forth. >> i'm beginning to feel sorry for the sheriff and i'm beginning to feel sorry for the people in tucson because he has a sworn responsibility to act in an objective, dispassionate way. instead we've heard politics. the question that needs to be asked, by an objective investigator, maybe in a commission called by the governor of the state, governor brewer, is to say why wasn't congresswoman giffords protected at that scene at a governmental event by a deputy sheriff from the sheriff's office? to say that it was a surprise that in the middle of this large strip mall, in front of a safeway a congresswoman was meeting her constituents, for that police department, for that sheriff's department to say, well we didn't know about it, she didn't ask us about it, it seems to me to be height of malfeasance and it requires further investigation. if i was part of that community during which this happened, then i would have grave concerns that the police department, that the sheriff's department was not aware of this public assemblage involving a congressperson who had just been recently reelected in an acrimonious election. so there are grave questions. how did the college act and how did the sheriff act? and did they meet their burdens in terms of law enforcement and protecting the public at large. jon: among the many questions and issues to be decided here. peter johnson, jr., our fox news legal analyst. >> good to see you. jon. harris: fox news weather alert that winter storm, warnings for parts of the northeast right now. another storm packing plenty of rain and snow could be headed your way. janice dean the fox weather center with details. >> this is biggie. we have a storm across the miffed west and one across the south, combined together will bring us quite a blockbuster storm. anywhere from philadelphia to boston. in some cases we'll get two feet of snow. want to go to chicago where we have our midwest storm, that will combine with that southeast storm. and the delays at airport here? over three hours. so that gives you an indication what we're going to see tonight, overnight into tomorrow across the north ears that is going to cause a ripple effect. we have thousands of flight cancellations across the out east yesterday and unfortunately that will be the story in the next 24 to 48 hours. winter storm advisories, anywhere from philly up to new york and boston. six to 12 inches, that is very general. in some cases we could see upwards of a foot, maybe two feet of snow especially for boston. so new york city, i keep saying this, we'll get a do-over, harris. we'll see how the plows do tomorrow. mayor bloomberg, are you listening? harris: i didn't like it in sixth grade and don't like it now, a do-over. >> you know the kids are excited about this, right? harris: janice dean thank you very much. >> you bet. jon:. harris: jon. jon: my kids are getting their snow day i'm sure. u.s. defense secretary robert gates announcing a public break through with china after meeting with president hu jintao today in beijing. secretary gates said the u.s. and china could hold the first formal discussion on nuclear and defense issues within six months. relations remain very strained on some other key issues. fox news national security analyst, kt mcfarland was special assistant secretary of defense for president reagan. kt the defense secretary issues a optimistic statement. but if you peek behind the curtain a little bit, there is quite a bit of reason for concern, right? >> yeah. look, when secretary gates went to beijing, immediately before he arrived, the chinese showed they have a new fighter. rivals anything we have. meeting with hu jintao they tested it. they gave him the cold shoulder when he talked about any kind of ability the chinese have to rein in north korea and its nuclear program. and frankly when he was at a joint press conference -- over u.s. arms sales to taiwan which have --. i don't think this is particular success. [audio trouble] read between the lines. the chinese saved they would cancel -- necessary --. jon: kt, we are going to have to cut this one short, i'm sorry about that. we are having a little difficulty hearing you. the words are clipping in and out. kt, we always enjoy having you on. we'll get you back on soon. thank you very much. harris: hundreds of thousands of people died during last year's devastating earthquake in hawaii. haiti. you saw our coverage here. in the response the united states sent a ton of cash in aid. why are one million people still living in tents? we're live from haiti, next. >> hey, everybody, i'm megyn kelly a top democrat is pushing for feds to crack down on talk radio and cable in the wake of arizona shootings s that legal? we investigate. plus a huge snowstorm is pounding the east coast. what you need to know as our power panel of travel and weather experts weighs in. a frat boy kills the homecoming queen at a party with his rifle. so why is he now walking around a free man? what signs were there to warn the public that jared lee loughner may have become dangerous? dr. alan lipman knows. he is my guest live. we'll see you at the top of the 1:00. jon: it's been one year now since that tragic either wake in haiti killed hundreds of thousand of people. americans dug deep into their own pockets sending millions of dollars in relief money but now one year later a million people are still living in tents there. our own steve harrigan is at the haiti apparel center in port-au-prince. it is considered a sign ever progress in the recovery efforts as well as a sign where our money is going. steve? >> reporter: jon, we're waiting arrival of former president clinton here. this week a number of organizations are trying to show just how they have spent their donors money over the past year. u.s. government spent more than one billion dollars in haiti last year. private citizens texting $10 each gave more than $30 million haiti to the american red cross alone. one year later, a million people live in tents. a cholera epidemic has affected 170,000 people and 90% of the debris remains where it was as if the earthquake happened yesterday. >> sometimes honestly the successes are the things that didn't happen. you know, there was not a mass outbreak of malnutrition and starvation after the earthquake. >> reporter: the red cross is building 300 semipermanent meant wooden houses here. a plan to give $130 in cash to everyone in the stents was rejected by the haitian government which feared the handout would draw even more people into the camps. starvation and social unrest have so far been avoided but real reconstruction, cranes, roads, sewers, are hard to find. and pictures like these, 64 vehicles donated by the u.s. for humanitarian organizations languishing at haiti's airport until they are covered with weeds due to high import taxes make haitians and donors question whether their money is being well-spent. jon, despite the fact that the haitians who study here worked for five weeks with no pay, the jobs they might get will pay just $3 a day, despite that there is a long line of haitians trying to get into this program. jon, back to you. jon: so those trucks that are just sitting there, what, no one wants to pay the import taxes and they just sit there and rust? >> reporter: it is hard to imagine. those are hard pictures to look at especially when the trucks are so desperately needed. import taxes here can be 40%. that means on a new truck you could pay 10 or $15,000. for some aid organizations that means a choice between buying medicine or get the new truck out of the import tax system. jon: unbelievable. steve harrigan, live from port-au-prince. thanks, steve. harris: that big health care repeal vote delayed now until next week. that doesn't mean the anger around the action over the overhaul has gone away. bob beckel, fox news contributor joining us next with a very latest on a lawsuit, 20 states now on board to challenge the health care law. stay with us. harris: ohio, the latest to join a multi-state lawsuit challenging the new health care law, bringing the total to a whopping 20 states involved in that suit. the legal action claiming the health care law violates people's rights by forcing them to buy health care by 2014. meanwhile there is still a lot of back and forth on capitol hill as the house has moved a vote on repeal to next week following the tragedy in tucson involving house member gabby giffords. here is congressman rangel on the issue. >> you can eliminate some of the things that are troublesome and it is not productive. some of the things they would make it a better law. let's get together, democrats and republicans and do it. harris: joining us now, bob beckel a democratic consultant and fox news contributor. bob, good to see you. you heard congressman rangel there, alluding to the fact, he was talking to neil cavuto on the program yesterday, aking are karl rove and others right perhaps the vote next week being more than symbolic? that it could perhaps forge a way ahead for real compromise, bipartisan compromise on health care, something we didn't see last year? your thoughts? >> i think the answer to that is on the edges there is some possibility of doing some things like for example, small businesses not having to file paperwork but at the heart of this thing, and at the hard of all these lawsuits is the issue of about the mandatory purchasing of health care insurance by people who don't have it, or face a fine. now that is central to virtually all these lawsuits. that issue is going to be decided not in the congress but by the supreme court and my guess sooner rather than later. and without that, without that part of the law, the rest of it sort of crumbles on to itself because without that insurance companies aren't going to insure people who are just sick. harris: you say it is going to be determined in the courts but somewhat has been determined in public opinion. critics said there are two obstacles down the road potentially for democrats. one of them might be the looming elections for more senate members coming up in year-and-a-half or two and the fact maybe they don't want to jump right in and get in the muck with this. maybe there is compromise can be had with republicans on health care and get rid some of the issues people say that are unpopular with this bill like the mandate. do you see that happening? >> the reason i don't see it happening without the mandate you don't have a bill. it won't stand up as it is now configured without the mandate. and without that, what do you have? so, the whole idea going into this was that we were going to try to insure those 30, 35, 40, 45, take your number, all over the lot, billion people who are not insured. the question then the only way to get them insured without going to a public option that we already had that debate and that debate's over pretty much, that the insurance companies are going to have to take that burden on but they're not going to do it unless they get healthy people to sign up who are now uninsured. that is mostly younger people, who tend to not get insurance. so we're back to the same old arguments. the thing that amazes me about this. we're hearing arguments you heard a year ago. we're going to replay it starting next week. i don't see any end to it, frankly or do i see possibility of changing a bill. harris: you say you're hearing some of the same arguments. what's interesting that many people have said they wanted more of a discussion to be had with the american public involved in it and if there's a question about hearing some of the same stuff people may be comfortable with talking about the issues they were not included in last time around. bob beckel, thank you for joining us today. >> pleasure. thank you. jon: president obama is facing a major test when he addresses the nation in tucson. juan williams will be along to talk about the tone he thinks president obama needs to strike at tomorrow's memorial service for the victims. plus, devastating floods, unleashing what witnesses call an inland tsunami. the latest info and more dramatic pictures. it is our must-see moment of the day, next. ready sensei. hey tough guy, tat cold needs alka seltzer plus! it has the cold-fighting power of an effevescent packed in a liquid-gel for all over relief! hiyah! dude! hiyah! what super fruit is taking sunsweet ones.orm? prunes? they're a delicious source of nutrients. wow! it's packaged by itself... that's fantastic! that is so juicy. this is delicious. sunsweet ones. over 400 million enjoyed, and counting. jon: australian heeders say they're -- leaders say they're facing the greatest disaster threat in 30 years in that country. flash floods tearing through the country, rushing waters comple f

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