boiling mad. that story and breaking news "happening now." good morning to you on this thursday. i'm jon scott. jenna: it would nice to have cheetos on set so we could investigate properly. jon: you're making me hungry. jenna: there are a lot of topics to bet to today. we are glad you are with us. i'm jenna lee. 19 days until election day. and now a new presidential poll revealing something rehave not yet seen in the race for the white house, governor romney's lead over president obama among likely voters is outside the margin of error for the very first time. it's a new gallop daily tracking poll and it's showing the governor with his biggest lead to date 51-45%. up 6 points over the president. this is an important reminder, this latest survey was taken before tuesday's second presidential debate. we'll see if that has any affect at all. following the first presidential debate we saw how any performance on the national stage can really influence polls. tonight the president and governor will be on the same stage again, or be on or share a stage together again, it's not the same stage but in a much different setting. i hope -- maybe john roberts can explain that better. the same stage as the debate but they are sharing a stage in a different way, john you want to help me out here. >> reporter: they are cokeynote speakers. both of them in new york. governor romney is in already, the president will be here soon for the annual al smith dinner raising money for catholic charities. time to put aside their political differences and raise money for a different cause. on the campaign trail mitt romney high light the differences between himself and president obama yesterday for lacking a clear agenda for a second term other than to increase spending and raise taxes. listen to what the governor said last night. >> we have one weekend left before our final debate and i hope he's able to come up with an agenda overt weekend. in that last debate he's able to describe what he'd do if he got four more years but that is not likely to happen so he doesn't need to worry about it. [cheers and applause] >> reporter: governor romney only has one campaign event between now and monday that is in daytona beach. the campaign told me it's the debates moving the numbers not the campaign appearances. the governor will spend as much time as possible between now and monday prepping for their next hea head-to-head meeting. jenna: interesting strategy, and interesting to see the tone from mitt romney. what about the president's campaign strategy. >> reporter: the president continuing to try to paint governor romney as a serial practic lprovarakater. governor romney got higher marks on mechanic issues, jobs, who best to handle the economy, who best to take care of spending and the the deficit. the president is trying to undercut governor romney by sort of sewing the seeds of doubt. listen to him. >> you have a tax plan that doesn't add up. you've got a jobs plan that doesn't create jobs. he's got a deficit plan that doesn't reduce the deficit. you've heard of the new deal, ohio, you've heard of the fair deal, mitt romney is trying to sell you a sketchy deal. >> reporter: despite all the talk about libya in the wake of the last debate the top issues for voters and the ones that will move them to vote for either candidate continue to be jobs and the economy. both campaigns will continue to go down that road. president obama is headed to new hampshire for a campaign event today. that was a state that was leaning democratic but the latest rcp average has now got it in the toss up category. the president trying to reinforce that northeastern fire wall. he's coming back tonight to new york for the al smith dinner and he will make an appearance reaching out to younger voters with jon security on "the daily show." jenna: do you get to go to this fancy dinner. >> reporter: i get to go to daytona beach. we're headed south this afternoon. jenna: i bet there are fancy dinners there too. >> reporter: it's the early bird special, we'll try to make that. if we get there by 5 we should be okay. jenna: john roberts thank you. jon: right now a threat to subpoena documents on a program that is part of president obama's healthcare law. congressman darrell issa demanding the department of health and human services turn over the documents by the end of the day. it's all because of a program he says is being used to buy the election by hiding the affects of the healthcare law. doug abg elway live i abg mcelway live in washington with more on this. >> reporter: quite a contention by issa that this demonstration project is being used to buy the election. here is why issa believes that. the obama administration and hhs through $8.35 billion into this medicare advantage demonstration project. that money has the os sentencible affect of postponing the first round of cuts to medicare advantage that obamacare would impose. is it really a demonstration project? it's costing more than the combined 85 previous demonstration projects before it. in effect propping up medicare advantage, issa contends, so seniors won't see the cuts coming to it. keep in mind that a center piece of the romney campaign is that obamacare imposes $716 billion in cuts to medicare. >> what's important about this is the money they are taking, they are taking out of nowhere. this is not appropriated money, this is money that bypasses congress and just allows secretary sebelius, by calling this what she is calling this to spend $8.3 billion to basically buy an election. >> reporter: in his letter to kathleen satisfactory pwaoe sebelius wrote, your staff has run out of excuses and your long delay in providing these documents is inexcusable. they responded to fox news by saying hss is reviewing the letter. the quality bonus-paying demo is providing even seven teufs to improve care giving more patients high quality choices in the program. it is consistent with previous demos. issa's office points out that the demonstration project conveniently runs out in 2014. he's asking that sebelius' office turn over the documents today or face the threat of subpoena. jon. jon: some interesting timing in all of that, isn't there, doug. >> reporter: indeed, sure is, jon. jenna: the fda facing tough new questions about the pharmacy lindh to that deadly meningitis outbreak we've been talking so much about, and appropriately so. there have been 19 deaths and about 250 cases confirmed after patients across the country received tainted steroid injections. a house of representatives panel now trying to find out exactly what the fda knew about that company before this outbreak. jonathan serrie is live from atlanta with more for us today. >> reporter: part of the dilemma is that the fda really has limited oversight over this pharmacy in question the new england compounding center, because technically it's not a drug manufacturer. compounding pharmacies, such as necc modify or mix existing drugs to meet the needs of specific patients. although state and federal investigators are looking into whether the necc went beyond just filling patient-specific prescriptions and instead mass produced medications. despite treatment available the number of fungal infections associated with allegedly contaminated steroid injections from necc continues to increase. that's because most doctors want to hold off on potentially risky antifungal treatments until their patients develop symptoms. most people who are being exposed to the injections aren't getting sick. out breaks of fungal meningitis are extremely rare and usually affect people with serious underlying health conditions, at least that was the case in the past. so experts say there really isn't good data on the effectiveness of antifungal treatments for what they are dealing with right now. listen. >> previously these kinds of fungal infections would take place in people who are already imm u.n. o compromised. the success rates, although noteworthy are not terrific. >> reporter: now the good news in all this is that the people who receive these inch just these injections in question are otherwise healthy people who are being treated for back pain. the assumption in the medical community is that these antifungal treatments will be far more effective with them. doctors admit that with this particular outbreak they are really exploring some uncharted waters, jenna. jenna: the story keeps on going, jonathan. thank you very much. we continue to watch the updates closely. we will talk more about this horrific outbreak with doctor siegel who will join us in a few minutes. it seems like every day we are hearing of someone new dying. why can't we get a handle on this when we have a heads up about this contaminated drug and we have known about this for weeks. important news on your health coming up in just a little bit. jon: this fox news weather alert, severe weather battering parts of the south as a powerful storm system hit yesterday. at least six counties reporting damage in mississippi where strong winds toppled trees and power lines, at least four people have been hurt. the storms sending trees crashing into mobile memories in the memphis, tennessee area forcing residents to look for shelter elsewhere. fortunately no injuries reported there. the damage reaching as far inland as missouri where several buildings were banged up in a town 80 miles west of st. louis. at least three people hurt there. forecasters warned of possible tornadoes throughout the region. so far the national weather service has not confirmed any twisters, and the system that caused this dangerous weather is now moving east. those damaging winds, hail and isolated tornadoes threatening folks from western pennsylvania through the mid-atlantic states. we will bring you any updates as they come in from the fox weather center. jenna: it's just like a roller coaster but one of those roller coasters in the kiddie section. why the race for the white house earns that com comparison. and what is ahead in the final stretch for the president and governor romney. a group of cheerleaders fighting to use banners with bible versess on them. the governor and the attorney general on their side in a case that pits the first amendment against separation of church and state. how will the judge rule on this? we are live at the breaking news desk next. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, 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and the governor rick perry sided with the cheerleaders saying it's their first amendment right to continue using the banners. >> we will not allow atheist groups from outside of the state of texas to come into this state, to use menacing and misleading intimidation tactics to try to bully schools to bow down at the alter of secular beliefs. >> reporter: governor perry was asked about cheer readers of other nonchristian religions, would he still be supportive of them? >> i don't know whether you'd be here, i would be. and the point is that ace said in my remarks, this is about all religion. this is the freedom -- that's what this country was based upon. >> reporter: there is an education code in texas, jenna, that states clearly that schools must respect the rights of students to express their religious beliefs. again, the judge hearing this case should announce his decision later on today. back to you. jenna: getting involved on and off-the-field i like it. interesting to see how they rule. rick, thank you. jon: less than three weeks to go now before election day and it has been a topsey-turvey race so far with the president holding a slight lead in the run up to the conventions. while governor romney got a small bounce post con the president's lead expanded. then came the first debate and governor romney surged in the polls. what is in store for the final stretch of the race? joining us now larry sabato director of the center for politics at the university of virginia. he has his crystal ball out. larry what are you seeing in it when it comes to the presidential race? >> jon, i'm seeing 19 of the longest days of our lives. jon: [laughter] >> between now and the election. let's just hope it doesn't go into over time, which i don't think is good for the country. it might. it's certainly possible. this is a close, competitive race. president obama has dropped electoral college votes since the convention, he was once as high as 290, now we've got him down below the 270 mark. he's at 267. governor romney has been adding electoral college votes, he's up to 235. there are four pure toss ups, virginia, colorado, new hampshire, and we've haded whi weave we've added wisconsin which is really really tight again after being not so tight for a while. and there are states like ohio that are no strongly in contention they could also switch. jon: we will be talking specifically with a denver post reporter about the colorado situation a little bit later in the hour. interesting that wisconsin has been added to the mix, because that was a solidly blue state before -- well before the edition of paul ryan, certainly. >> that's right. paul ryan has made a big difference. scott walker working hard for the ticket there i think is making a difference. the republicans also have a strong senate candidate in tommy thompson. there are some indications that after having been behind in his senate race he has now drawn even or maybe even a little ahead. there are so many things happening and so many moving parts in awful these swin all of these swing states or potential swing states. you can argue which ones are in and which ones are out. about ten of them. they will continue to see interesting dynamics for the next 19 days. jon: jenna mentioned earlier that this race is in some respects like a kid's roller coaster. what do you mean like that, larry. >> the kids' roller coaster doesn't have quite as high a peak as the regular coaler sroes ters or quite as low a valley. what i mean by that is while we are seeing shifts from state to state and also in the national polls, since you have the vast majority, 90% at least locked into their choice you don't have massive changes the way we've had in some elections. you don't have millions of people shifting sides, changing sides after each debate. so it's smaller shifts, but because this is so close and competitive their shifts will determine who becomes the next president. jon: after the first presidential debate we saw mitt romney go up, i mean we saw the roller coaster was on the way up. have you seen any affect yet from the second debate? >> no. and, you know, one of the most frustrating things about this profession is now that we have all these tracking polls it takes three, five or even seven days to really see the ripple affects from a major event, and so, jon, this is horrible to say, i regret saying it but we're just going to have to be patient. jon: oh, my goodness, the man with the crystal ball urges patience. larry sabato at the university of virginia. thanks. jenna: several schools across the country taking issue with flaming hot cheetos. jon: what? jenna: of all things. they say the popular snack lacks nutritional value. jon: you're kidding me. jenna: that could be the least much ou our worries. details on what is behind that. it's been weeks and weeks since clinics across the country were put on alert due to meningitis out breaks. why are people getting so sick that they can't get saved. dr. siegel weighs in next. >> this is the first time where i went to the hospital to see someone sick where i had to have the full gear on head to toe. it's a sure sign this it's serious. jon: right now several government agencies are trying to get to the bottom of a meningitis outbreak that's left 19 people dead and more than 200 others sick across the country. it's been weeks since news broke of the tainted medication that is linked to the disease. the number of cases continues to climb. the centers for disease control warning patients to watch out for men r- for for meningitis symptoms. one woman taking this seriously. it could mean the difference between life and death. >> i said you're having the same symptoms as the symptoms i saw reported on the news and you need to get it checked out right away. last night he got really sick, he took a turn for the worse, so he went over to the hospital, they did a spinal tap on him, and this morning the results came back and confirmed that he has the fungal meningitis. i mean i thought like all this stuff was supposed to be tracked and labeled and, you know, all of that, so for people to have got even these shots and doctors not even knowing whether or not, you know, they got these tainted shots, or they were sent back, it's scary. jon: joining us now dr. marc siegl, professor of medicine at new york university langon medical center and a fox news a-teamer. let's talk about the shots. apparently there are people out there that got spinal injection w-s this tainted medication, a number of cases on the rise, there still could be futurecastess, right in. >> there is no question, jon. the center for disease control is watching this. there are sue f u.n. gi involved not just one. we have to watch it for several weeks to find out that people don't get symptoms. the longer out you are from what you got a shot or got exposed to a product from the new england compounding center the less your chances are. i want people out there to know again this is not contagious, so you cannot get this unless you got a shot or product from that center. now you asked about the symptoms, jon. the symptoms number one is fever. number two is fatigue. number three is confusion. people that are getting meningitis are confused, they can't think straight. they can also develop headache and a symptom called feet tow phobia. the light bothers your eyes. nausea and vomiting. confusion and fever and headache are number one on the list. jon: we are coming up on flu season. a lot of those symptoms sound like a lot of things you get with the flu. >> fair enough. people should be on the look out for both if they got a shot from this new england compounding center. you can check with your physician, your physician will tell you or your clinic or hospital if you got a back shot exactly where it came from. i say look, even if you have fleflu symptoms. jon: i got a shot a couple of summers ago. am i in the clear? >> our totally in the clear. the compounding center is what is called a middle-man pharmacy. the fda has jurisdiction over manufacturers, generally. but when it comes to something like this it's been agreed that the states look over this. however, it turns out that the fda was looking into this particular center as far back as 2004. in 2007 they were told everything is fine. there is some question about what the fda did, whether it could have done more and whether we should have more laws governing this. one thing for sure is interstate commerce is involved. this went out to 24 states, these products. the feds have kwrurs diction. jon: it seems like whoever was running the center wasn't following the laws on the books anyway. >> that's for sure. that's why we have to crackdown on the centers. 7500 of these are in the united states. not all of these are taking this kind of leeway. right now they are looking into it from a criminal point of view to see what was done. jon, these products have to be tere hraoeuzed before they go into the human body. if you're going to have a shot you better be sure that what you're getting is steroids. jon: unbelievable that medicine is making people sick and even killing them. >> it can be treated if caught early. we have medicine, antifungal agents. jon: thank you. >> good to see you. jenna: a woman claims she didn't get a job because of her conservative political beliefs. she is suing and the case is getting nation-wide attention. we'll tell you about that coming up. new poll numbers on the crucial voting block in the presidential race, women as both candidates push hard to get their votes. a fair & balanced debate on women issues, next. americans are always ready to work hard for a better future. since ameriprise financial was founded back in 1894, they've been committed to putting clients first. helping generations through tough times. good times. never taking a bailout. there when you need them. helping millions of americans over the centuries. the strength of a global financial leader. the heart of a one-to-one relationship. together for your future. ♪ jon: "happening now," a fascinating trial underway now. it centers on a woman who says she was passed over multiple times for a job because of her personal politics. so she's suing, claiming the university of iowa law school froze her out of a position because she once worked for pro-life causes. shannon bream is live in washington with a look at that. shannon? >> reporter: well, jon, teresa wagner, who once worked for the national right to life committee and the family research council, says that conservative background cost her a job not once, but three times at the university of iowa law school, something school officials deny. wagner, who is a graduate of the school, was working as a part-time instructor there in 2006 when she first applied for a full-time position. she went to the job went to a lesser-qualified, but more liberal candidate, and she believes her personal politics were used against her. an e-mail from one law professor to the school's dean saying, quote: >> reporter: school officials say that wasn't the case, that wagner bungled her interview and said during that presentation to the faculty that she wouldn't teach legal analysis, something she has denied now under oath and that a number of professors have testified they do not recall her saying. that interview was videotaped, but was somehow erased and no longer exists. >> the bottom line is that my client because she's a staunch conservative republican didn't get a job with the university of iowa college of law. the faculty, totally liberal, discussed her politics on the day of the vote. >> reporter: wagner's legal team wrapped up their case yesterday, and the school's attorney immediately asked the judge to dismiss the case without letting the jury deliberate. the judge is now considering that request. jon? jon: is in the kind of thing that could break new legal ground? >> reporter: it would be very interesting to be able to show bias on the basis of your personal politics. i haven't heard of another case like this that's made it to federal court, so certainly the decision could be big. jon: keep an eye on it for us. interesting. >> reporter: will do. jon: thanks, shannon. jenna: both campaigns pushing hard for the women's votes, a voting bloc making up more than 50% of the country. and just one month ago the president held an 18-point advantage among women, leading governor romney 56-38%. now that lead is gone, and the candidates are tied at 4% among likely women -- 47% among likely women voters. lots of fallout over tuesday's debate when the candidates discussed specifically some women's issues, and after that both hit the issue hard on the campaign trail. >> you can choose to turn back the clock 50 years for women and for immigrants and for gays and for lesbians, or you can stand up and say we want to move forward. >> this president has failed america's women. they've suffered in terms of getting jobs, they've suffered in terms of falling into poverty. this is a presidency that has not helped america's women. jenna: joining me now, marjorie o'meara, president of momentum analysis llc and angela mcglowan, fox news political analyst. welcome to you both, and i have to admit i hope to have a laugh with you guys at the beginning. sometimes i think we talk about women voters like these strange, exotic creatures. who are they? jon: they are! [laughter] jenna: where do we find them? both sides are trying to figure it out. so, marjorie, what is the number one women issue this election? >> well, the number one issue for voters across the board is the economy. um, but i would also call attention to the gender gap. if we're talking about the gender gap, what does that mean? how do we define it? it's the difference between the two candidates support among -- across gender. so it's not about obama's lead among women, but the difference between men and women and their support for obama. by that definition you actually see the gender gap has been pretty consistent while the horse race has been really volatile. jenna: so you're saying that poll that we just saw doesn't matter? >> no, i'm not saying it doesn't matter, i'm saying that women and men have been moving in concert. and why it's important -- and so you have, actually, a gender gap in the latest gallup poll that's ten points, and it's been 8-10 points in the last few weeks, i blogged about this in huffington post for folks who want to see the data. president obama could win by winning with women and losing with men, and that hasn't happened since 1996 and bill clinton who won with the largest gender gap we'd had in a presidential election ever and lost by a point to bob dole. jenna: all right. angela? >> the problem is this, though, and when we talk about women's issues, i did a book "bamboozled" where i dedicated a whole chapter to what do women really want. and they care about the same issues as men. they care about the same issues as all americans, national security. you're right, the economy is the number one issue and jobs, but, jenna, you brought up a point that a month ago obama was 18 points ahead, and now those points have actually centered because of the first debate. where you had an articulate mitt romney that laid out what he was going to do if as president to help create more jobs, and that's what women want. jenna: gallup just did a really interesting poll on women in swing states, and they asked women and men voters but women specifically in this question what do you consider the most important issue for women in this election, and women answered in the swing statements, abortion, which is interesting. and so, angela, my question for you is if the economy's the number one issue and republicans are really making that their agenda for women, are republicans missing an opportunity not to talk more about social issues? >> no. and they should talk about social issues, but it depends on what audience you pooled. >> that's a mitt romney strategy. >> no, i'm not -- i don't have -- >> depends who you're talking to. >> excuse me, i don't have the mitt romney strategy. i have the angela mcglowan strategy, so let me finish, please. if you poll one group, then they might care about abortion or the government paying for their birth control. having said that, women are not monolithic. we just don't care about reproductive rights. so again, it depends on what audience you polled in those swing states. jenna: margie? well, i would say a few things. first, that was a national poll, and a poll in swing states, so they weren't just talking to a specific group of women. but i would say this, for the first time gallup shows a majority of americans say -- and it's true of both men and women -- that we shouldn't have the government favor a set of values, that the government should get out of the business of moralizing to the american people. and by all -- and when you look at abortion specifically, gay rights or even generally, republicans are on the wrong side of public opinion, and that's why we've seen a large gender gap that favors the president for a long time. it surged during the conventions, and it's stayed consistent, and i think mitt romney did a terrible job speaking to women and trying to connect to women on tuesday night, and i think we're going to see a real change in those opinions -- >> margie, speaking of reproductive rights and moral issues, i don't want my tax dollars paying for abortions. >> they don't. but that wasn't what i was talking about. i was talking about equal pay from tuesday night. no federal tax dollars -- >> you didn't say equal pay. which one is it, moral values? >> well, on both sides, oven both of those issues the american people are not on the side with republicans. they disagree with a moralizing presidential candidate, and on tuesday night mitt romney was on the wrong side of equal pay. he fumbled the question, and he didn't even -- jenna: quick final question for both of you, and i have to keep this short. we talked so much before the election about the importance of women voters, but after the elections is often a different story. so do women issues or women decide an election, do they set an agenda, or is it just something we're talking about for the next couple weeks until we -- >> jenna, in 2010 women made the decision where republicans gained the majority in the house. it was women who made that difference. but in 2008 obama got that voting bloc overwhelmingly. so it seems like he's failing since mitt romney now is gaining on him in that voting bloc. jenna: margie -- >> well, there's still a 10-point gender gap that benefits the president, and mitt romney's on the wrong side when it comes to equal pay. he doesn't have a position on things like equal pay. he's on the wrong side of abortion. he's had every possible answer you could ever have on abortion over the course of his career, and it's no surprise that women don't feel like they can connect with him. jenna: well, we'll see if jobs are the number one issue, it'll be interesting to see which way the cookie crumbles, if you will. jon still wants another segment so you to can explain women to him -- jon: an entire hour. jenna: great to have you both. thank you so much. >> thank you. jon: the evidence is clear and alarming, and the murders of four americans in libya just the latest sign of the terror threat. al-qaeda is on the move and plotting if africa. in africa. our next guest says we are seeing a pattern there like afghanistan pre-9/11. also, a major development in a shocking story we first brought you yesterday, arrests now made in a bar fire apparently set to cover five murders. who police now have in custody. jenna: new questions about the's campaign message -- president's campaign message in light of the fallout from the murder of four americans in benghazi. just recently in florida the president said this: >> four years ago i told you i'd end the war in iraq, and i did. [cheers and applause] i said we'd end the war in afghanistan x we are. and we are. [applause] i said we'd refocus on the people who actually attacked us on 9/11, and today al-qaeda's on the run and osama bin laden is dead. [cheers and applause] jenna: the president has dropped that al-qaeda is on the run part. most recently at tuesday's presidential debate and yesterday on the stump in the battleground state of iowa. >> you know, four years ago i told you we'd end the war in iraq, and i did. [cheers and applause] i said we'd end the war in afghanistan, and we are. i said we'd focus on the terrorists who actually attacked us on 9/11, and we have, and bin laden is dead. [cheers and applause] jenna: it's a small omission, but what does it tell us about the war on terror? what is the true state of al-qaeda? j. peter fromm is a terrorism expert and is joins us now. it's not so much as a political question as much as a question of reality. what is the state of al-qaeda today? >> well, certainly thanks to the hard work, dedication and sacrifice of our men and women in uniform as well as the intelligence community and others who have backed them, certainly osama bin laden is dead and al-qaeda central is certainly much weakened. but al-qaeda has transformed. the last but years it's evolved less from a centralized structure more into a regional affiliate which, many of which are are acquiring the capacity to carry attacks out not only in their areas of the world, but on the american homeland -- jenna: so if i could, peter, if i could cut through that a little bit, does that mean we're more safe, less safe or basically in the same state as we've been in for the last several years? >> well, al-qaeda central's not as much of a threat to us, but certainly these regional affiliates are equally dangerous and challenging. the underwear bomber was helped by al-qaeda in the arabian peninsula. al shah bob in somalia has had fundraisers and others operating in the united states. al-qaeda in the islamic maghreb has ties to the attackers in benghazi, certainly to cells in europe which endanger our allies there. jenna: we're seeing a pattern much like afghanistan pre-9/11, and that certainly sends some chills to us, peter. in what way and where specifically in the world are we seeing that? >> in the region just south of the sahara in the west african country of mali. earlier this year al-qaeda in the islamic maghreb and some of its local lies took over the northern part of mali, an area the size of texas. and since then we've done many of the things we saw with the taliban in afghanistan. they've established brutal sharia punishments, destroyed several world heritage sites in timbuktu calling them unislamic. they've allowed fighters in other parts of the world to create linkages in training camps. so we've got this ungoverned space just a few hours' flight from europe becoming a gathering place, a safe haven for an al-qaeda affiliate. jenna: peter, it reminds us as we're taking a look at regions in the world that we should be paying attention to that the enemy is not based on geography, it's based on ideology, and it's a big question about how we engage, especially as we're looking to who's going to lead our country over the next four years. how do we do that? what should we be looking for? >> i think what we need to look for is we need to look at the world not as we want it to be, but as it is. and challenges and threats we face. america -- the enemy evolveses, and we need to evolve with those challenges, and i think that's the key thing that we can't simply proclaim a success and tack our bags and -- pack our bags and go home while al-qaeda gathers strength in another form, in another place and prepares its next attack on the civilized world. jenna: reminds us the complexity that we face. peter, it's great to have you on the program. we look forward to having you back. >> thank you. jon: the food police, they are hot on the trail of this snack craze. some schools are cracking down on flaming hot cheetos with an all-out ban. it's not just because of the calorie count. wait til you hear. jon: right now we're getting some new information on the number one issue for americans this election, jobs. and the latest reading is not a good one. weekly jobless claims coming in today at a four-month high, spiking to 388,000. that's an increase of 46,000 from the previous week. a disappointing reminder for 23 million americans either underemployed or unemployed of just how hard it is to find fulfilling work. peter barnes of the fox business network is live in washington keeping an eye on these numbers, so what's going on with them, peter? >> reporter: well, jon, the weekly numbers show that the jobs market is still struggling, that progress on job creation and getting that unemployment rate down is still going to be slow. the labor department attributing the larger-than-expected jump to technical and seasonal factors, but they rebounded from an unusually low level the week earlier, a four-year low, in fact, that raised a few questions because it came a few days before the presidential debate this week and a few weeks before election day. now, economists have blamed one large state, likely california, for the drop saying that it was having issues processing unemployment claims. but economists also had predicted this big bounceback for this past week as this large, unidentified state caught up with processing its jobless claims. jon? jon: well, everybody's asking the question, you know, is the administration in any way manipulating the data ahead of the election? >> reporter: yeah, there have been some concerns and questions about possible manipulation, but one former bush administration labor department official told me this morning that he does not believe the career civil servants that work with this data that he knows are manipulating any of it, but he does say that top officials now at the labor department in the obama administration need to be especially careful with the numbers in this election season. >> the day -- data that you are accountable for as a political appointee is so sensitive not only to the markets, but to elections, that you have to have an even higher standard of accountability in terms of what you press the states for for timely information and what you hold your own team accountable for. >> reporter: and, jon, of course, the next big jobs number that we're looking for before election day will come, will be the monthly report for october that will be released on friday, november 2nd, just four days before the voting begins. jon: and, you know, the labor department blaming that increase on technical and seasonal factors, not words you want to hear if you can't find a job. >> reporter: that's correct. jon: peter barnes in washington, thank you. jenna: well, now this. schools across the country seeing red over flaming hot cheetos, and some even banning the snack saying they're going to con fission it if you bring it -- confiscate it if you bring it to class. there's new research, jon, that's suggesting the super-salty treat is addictive, triggering the same brain responses seen in folks hooked on drugs and alcohol. a middle schoolteacher in new mexico tells parents there's another reason for the ban, she doesn't like those red fingerprints, so no cheetos for you. jon: i'm addicted to lots of snack foods. jenna: they're getting a bad wrap. jon: i think some of those folks need more to work on. the reaction of the arrest of a bangladeshi man accused of trying to blow up the federal reserve in new york city. we'll hear from someone who says he's acquainted with this suspect. -- joint operation center in downtown manhattan. the suspect was followed by a surveillance team, also an arrest team with the fbi, tracking 21-year-old quazi mohammad nafis from his home in queens to a warehouse on long island where he loaded a van with 20, 50-pound bags of ammonium nitrate. put it in trash cans, covered it with a tarp and headed downtown to the federal reserve bank with a fbi agent along for the ride, attaching the dead naturer to the bomb and parking the van in front of the federal reserve bank and going with this undercover officer to a room at the millennium hotel why he allegedly recorded a video where he said, quote we will not stop until we obtain victory or martyrdom. he tried repeatedly to set off the bomb with his cellphone. instead it just triggered a device in the van alerting officers to the fact that the man was allegedly trying to set off what he thought was a bomb and that's when the team moved in and arrested him, jon. jon: what about his neighbors? were they dust suspicious at all of this guy? >> we hear this a lot. people who knew this kid said he seemed fine, he was quiet. they never suspected that he might be up to this alleged terror plot. here is what we heard. >> my reaction is very scared, because i can't actually believe this a terrorist would like live across the street from where i'm living right now. it's just really scary. >> he seemed like a regular nice guy to me. i never pictured that he would be what they explain him to be, a bomb plant err. other than that, he didn't seem like that type of person, so i'm just shocked right now to see that. >> reporter: nafis was in federal court in brooklyn. he was a brief appearance. soft-spoken, subdued, barely audible when answering the judge's questions. dressed casually in skwrarbg deans, sneakers and a neatly trimmed beard. he was arraigned on charges for attempting to use a weapon of mass destruction and attempting to aid al-qaida. the feds want to reassure everyone no one was ever in danger. this 1000-pound bomb would never have been set off. it's very disturbing to the people in this area had he hooked up with someone who was not a federal agent he might have been able to do this and there would be significant deaths and property damage down here in lower manhatten,. jon: for more on nafis and others who might be doing things like him we'll talk with former security adviser for new york state michael balboney. he says this is a disturbing trend in america and the threat is still out there. jenna: the voter who asked president obama about the terror attack in libya said the president had more to say in private about that date. he wanted to know who denied the request for more security. it sparked some of the most fiery moments of the debate. he never got an answer. afterwards the president spoke to him privately auction see on your screen, and what he said then is raising new questions. chief washington correspondent james rosen has more on this. >> reporter: neither the debate itself nor in the discussion afterward with mr. latka did the president address the question. who was it that denied enhanced security in benghazi and why? this is part of the answer that the president did provide in the debate and it focused on the orders he gave after the attacks. >> number one, beef up our security and procedures, not just in libya but in ever embassy and consulate in the region. number two, investigate exactly what happened. regardless of where the facts lead us to make sure that folks are held accountable and it doesn't happen again. and number three, we are going to find out who did this and we are going to hunt them down. >> reporter: afterward latka told others mr. obama approached him one-on-one and told him the reason between that long gap between the president's rose garden appearance and the point some two weeks later when the president finally dropped all references to protests and videos as the origin of the attack because he the president did not want to speak erroneously with respect to so volatile a place as the middle east. >> i can only speculate that it was to give himself time to try and uncover the information he needed to uncover to find out who actually was responsible for these terrorist killings. other than that, i really have no real reason as to why that story circulated for so long. obviously it was not true. >> reporter: latka told greta he's still undecided. the president's re-election campaign says his answer to latka was once of his best performances in the debate and helped him win it. republicans say he failed to answer the man's questions, and benefitted from the timely but misplaced intervention of moderator candy crowley. i think we discussed that yesterday. jenna: and we'll continue to discuss this issue in the days to come. james, thank you. >> reporter: thank you. jon: as james said kerry latka still undecided. if you are you might want to hear what the president has to say. he's campaign right now in manchester, new hampshire, four votes up tore grabs, electoral votes up for grab in that state and both candidates are hitting it hard. if you'd like to hear what the president has to say we have it streaming live on foxnews.com. back to the libya issue, a significant development on what we know about the terror attack in benghazi, and a possible motivation for that attack on our consulate september 11th that killed four americans. our chief intelligence correspondent catherine herridge has been investigating this story since it happened and is live in washington. >> reporter: thank you and good morning. two military sources tell fox news that the attack on benghazi could have been preempted, moment to drive the western presence from benghazi. they are capitalizing on the proceed tpeuf ration of weapons after the fall of moammar qaddafi. this attack on the u.s. consulate june 6th with an ied planted in the ledge of the perimeter wall is described to fox as a probing attack to measure the u.s. response. this incident coupled with attacks on the international red cross and this rpg attack on the british ambassador in benghazi also in june suggests a pattern to drive western influence from that city, part of the broader effort by the al-qaida affiliate and ansar al sharia to establish in libya. >> the policies of leading from behind are now compounded by the policies of leading from afar which goes right to your point of pushing the cia and other people out of their areas so there can be sang which are reareas for them. i think that is an accurate assessment that they are trying to create more sanctuary areas by pushing us out, our diplomats and military. >> reporter: dianne feinstein says that an intelligence mistake was to blame for the controversy over the attack in benghazi and what caused it, and she is blaming the director of national intelligence james clapper, you see him there on the right, the nation's top intelligence official. quote, i think we do know what happened now, there is no question but that it was a terrorist attack. there is no question but that the security was inadequate, and i think that there is no question that we need to work on our intelligence. feinstein also says it was probably a mistake by the director of national intelligence james clapper to put out talking points on the initial assessment, which apparently implied that link to the video, jon. jon: still some questions left to be answered here. catherine herridge doing great work in washington thank you. >> reporter: you're welcome. jenna: 19 days left before the election and there ace brand-new gallop poll in a shows one candidate pulling six points ahead among likely voters. we'll tell you about that. plus the latest census that is playing a big role in local elections. why it could also change the balance of power on capitol hill. [ male announcer ] this is anna, her long day teaching the perfect swing begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. jenna: welcome back. national political power players and big money descending on a congressional race in illinois. toll of the house may be at stake here. new developments that put a freshman republican's re-election hopes in some jeopardy. steve brown is live with more. steve. >> reporter: hey, there, jenna, it's a fund-raiser in stereo if you will because there are going to be two speakers, former u.s. republican house speaker denny haster and john boehner both here for a fund-raiser that the media has been invited to so it doubles as a campaign event in a very key race in illinois 17. this is currently held by bobby shilling. he won in it 2010 in a district that lean leans democratic there. was redistricting and it became more democratic. is shelling in trouble? he doesn't think so because he think they aired on the president's popularity because of the votes he drew here in 2008. >> in this part of the state there is a lot of buyer remorse with a lot of the independents, even what we call soft democrats, so we're feeling pretty good about this and i don't believe anybody can out work us. >> reporter: he is running against sheri bustos a democrat who has been a first-time candidate just like shilling was two years ago but has got a lot of help from key democrats in the state including dick durbin. based on what she's been hearing around the district there is a great deal of dissatisfaction with congress. >> they gave the speaker an a-minus that was his grade. americans give congress an f, it's dysfunctional all the aeu around. the house is not moving forward, the senate is not moving as it should and the country is not moving itself. >> reporter: republican congressman in this particular state are counting on dissatisfaction in this blue state and that they might be able to flip some district. steve israel is the head of the campaign to try to win back the majority for the democrats in the u.s. house, he believes there are five seats to pick up here in the state of illinois, illinois 17 is one of them. haster and john boehner are here to stop that from happening. jenna: a race we should certainly watch. thank you. jon: interesting statistics in the latest gallop poll it shows governor romney surging ahead of president obama among likely voters. in the first week of october the candidates were tied 48-48. by the second week governor romney was ahead by two points, 49-47. now the latest numbers show governor romney up by six points 51-45. so with his support slipping president obama rushed from their second debate back to the campaign trail, attacking his opponent yesterday this iowa. >> owe, iowa, you know, everybody here has heard of the new deal? you've heard of the fair deal? you've heard of the square deal? mitt romney is trying to sell you a sketchy deal. jon: let's talk about it with bob cusack, managing editor of "the hill." i'm curious about that language. sketchy deal, what is supposed to be catchy about that? >> he's trying to portray mitt romney as not credible. you can't take him seriously. the debate performance he had in the first debate earlier this month he did quite well. a lot of voters i think were leaning towards obama now they are undecided or started to move towards romney. some republicans have compared this race to 1980 which is pretty close between jimmy carter and ronald reagan and ronald reagan went onto a route. i don't think that is apt. i think president obama did fairly well at the debate this week. romney has the momentum. it could come down to the last week, some type of october surprise. romney has the edge at the moment. jon: it could come down to differences in voting patterns between men and women. jenna was talking about this last hour. men as an election threat have long favored governor romney by several points, but president obama's advantage among women was greater, and there are more female voters. what happened to that advantage? >> well, that's what democrats are kind of shaking their heads that in the first debate obama didn't court the female vote, and he did certainly this week. so that was a significant change. as a result mitt romney has made gains in that demographic. so that's what they are fighting over. they are fighting over the female vote in these battleground states but still romney -- he's got a lot of work ahead of him. he's got to win i think ohio, virginia and florida. i think he has to win all three of those and right now the polls are tight in all those three though romney is starting to move ahead in florida. jon: karl rove, i don't think anybody knows numbers better, karl rove says if someone is up above 50% among likely voters at this point in the election, that person has always gone onto win the election. obviously they are taking this as a pretty good sign in the romney camp. >> absolutely, there is no doubt about it. mitt romney was seeking the illusive momentum throughout the summer he was down. obama had a better convention than mitt romney, and then all of a sudden with voters really paying attention more so than ever in october mitt romney has really captured a lot of the attention and the female vote. obama needs to go after that and bring them back to the fold otherwise he's going to lose this election. jon: and romney has introduced himself to people that didn't really know him before through these debates. bob cusack, thank you. >> thanks, jon. jenna: we'll continue with politics up ahead. the vice president joe biden in colorado yesterday reminding everyone it's one of the closes swing states that could decide this election. up ahead we'll take a look at colorado. jon's home state. the issues that may tip the race, we'll take a closer look at that. five people dead, three suspects in custody, the victims found in a bar set on fire, apparently to hide a robbery-murder. we told but this yesterday. new details from our breaking news desk ahead. jenna: update on a story we brought you yesterday. new arrests in a deadly colorado bar fire. rick folbaum has the details from the breaking news desk. >> reporter: the police were pretty sure off the bat this was not an accidental fire. evidence showed them the five people were killed first, then the fire was set, and that has now been confirmed. >> it appears that the motive of this crime was robbery, that they came in there shall i don't want too say it' to say it's a robbery gone bound, but it wound up being a robbery. the parties were taken into custody. the arson was set to try to cover up the crime scene to the event. >> reporter: the three arrested in this awful case are brothers, joseph and lionel hill and dexter lewis all in their 20s. they will be charged with five counts of first-degree murder, felony murder and arson. police say they went into the bar before closing time, a patrol officer driving by noticed the flames inside the bar a little before 2:00am on friday and saturday only. the owner a 63-year-old woman was killed along with four other people. it seems that a couple of the victims worked for her at that bar, which is in a strip mall about five miles south of downtown denver. the cause of death of the five victims not being released, and the police say they are actually holding back on a lot of details here because they say their investigation is still going on. we'll keep tracking it for you. back to you. jenna: thank you. jon: we are your election headquarters, and with just 19 days left until the november 6th vote we are taking a close look at the battleground states that could hold the keys to the white house today. my personal favorite, my home state of colorado. colorado has nine electoral votes up for grabs, and both campaigns are fighting very hard to get them. in terms of the stats, economic statistics i should say unemployment in colorado right now a little bit higher than the national average at 8.2%. gas will set you back $3.69 for a gallon of regular in colorado. that is better than some places in the country right now. one in about every 572 housing units is in foreclosure, that puts colorado quite high up there against the rest of the nation. in terms of the history of visits of these candidates president obama has been to colorado eight times, mitt romney there seven times. they are fighting very hard for this state. let's talk about it with allison sheri a washington correspondent for the "denver post" and rejoins us. looks like you're in denver today, am i right about that? >> i am in denver. i'm very lucky, it's beautiful. jon: i am so jealous. colorado voted for president obama. last time around that broke something of a pattern for colorado, can you explain that? >> yes. i mean colorado had been sort of a red state, i mean it did go for clinton once actually in the 90s. it has been kind of a red state, and obama won by nine points. two years later another democrat won a state-wide race, senator michael bennett but he only won by lens 2% of the vote. it was obviously very close. jon: this is far from a sure thing for the obama campaign this time around. >> far from a sure thing. jon: what are the big issues? >> the big issues, what's happening in colorado is what is happening everywhere. people are worried about jobs, people are worried about the deficit, the debt. i mean we had a poll out four days ago that still has romney and obama at a statistical tie. romney gained 2 points from a poll that "denver post" did two weeks ago. he made gains among college educators. he is up five points among college educators. when weeks ago the president was up five points amongst those people. that was probably a post debate that he saw. mail ballots are out, people are starting to vote and it could be within a one or two point race. jon: and interesting that mitt romney's campaign surged after that first debate, a debate that was held right there in denver. are you seeing the same kind of thing happening statewide? >> i'm seeing this same kind of thing. that's sort of the poll i think indicated that. i think college educated voters are probably the ones that watched the 90-minute debate, and it flipped, the support for romney flips almost completely from obama. i think that debate helped romney a lot in this state and that's why it's so close now. jon: interesting too a democratic pollster by the name of stan greenberg did some polling in colorado and found that president obama's support took a major slide among unmarried women, especially after that first debate. are you seeing that same thing? >> you know, i think -- i think everything after the first debate switched, and that's why you see now we had a second debate, you see such an aggressive push on behalf of the obama campaign to try to gain some voters. i mean, what i've heard from pollsters nationally and in colorado is that there is a group of soft committed voters, people who may lean one way or the other. they are not really undecided, they are soft committed, and that's who both sides are trying to get to change their mind. the number of undecided, truly undecided voters is probably so small at this point. but they are looking at soft commits and that's people who watch a debate or see a rally, or see a speech and say, um, i might change my mind, or i'm still thinking about it. jon: allison sheri is the washington correspondent for "the denver post." since you're in denver get out there and enjoy the beautiful day. >> three more weeks and i have to go back to d.c. thank you. jon: go and enjoy colorado. >> i will thanks. jenna: not true undecided but softly committed we'll see if there is that discrepancy. jon: everybody says both sides are cemented. there are folks out there that could change their mind. jenna: we'll see after this debate on foreign policy issues. that grinding war taking place in syria. there is a new push for a cease-fire as the rebels may be gaining an advantage on a crucial front. we'll tell you about that. also today we saw a jump in the number of americans filing for first time unemployment claims. who is hiring, though in this tough economy? we'll tell you straight ahead. 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the rebels have had to integrate themselves into the civilian population because they don't have the fire power to take on the syrian government forces out in the rural part of syria. so you see this inner city-type of fighting and the syrian air force is also willing to bomb inch chris criminal tphapbt tee denying the rebels any place to operate. for the rebels we have seen a little bit of good news. we've seen amateur videos of them getting fa7's surface to air missiles to be used against the syrian air force. the latest video shows them blowing a syrian helicopter out of the air. this is significant. the problem, jenna is that a number of the people who have this missile are hard-core jihaddists. the question is where do the missiles go from here. jenna: big question certainly. leland thank you. jon: fox news is on the job hunt. can you believe the holidays are almost here? shopping season begins in earnest in november. it is expected to be busy, that means thousands of seasonal jobs up for grabs and that is good news. the weekly jobless numbers show the number of americans looking for work -- i'm sorry looking for unemployment benefits jumped by 46,000 last week to 388,000. cloud yeah cowan is live in san francisco for us now. >> reporter: jon, whether it's because they are bull i shall on the holidays or simply need to replenish their workforce after laying people off during the year restalers plan to fill some 700,000 positions this holiday season, 40,000 more than last year. macy's is looking to hire 80,000 seasonal workers. kohl's has about 52,000 positions up 10% from last year. toys r us is hiring 45,000 holiday workers about 5,000 more than last year. walmart also announcing an increase in seasonal workers. employment experts say the big numbers could be an indication that the tight job market is easing. applicants we spoke to are counting on it. >> my hope is to get a second job especially for the holidays. everything is going to be doubled and i can really use the money for rent and especially for gifts for christmas, you know. >> in this holiday season from the big numbers, these hiring numbers we are seeing coming out of the retailers it says that we are no longer in the depths of the recession, we are digging out of the high debt days as the economy continues to improve. >> reporter: along with retailers winter means mountain resorts around lake tahoe and elsewhere are hiring thousands to operate ski areas and lodges. fedex and ups bringing on extra staff to handle the uptick in holiday shipping and just this week online retailer amazon announcing plans to add 50,000 seasonal workers at its distribution facilities. in fact thousands are expected to stay on at amazon.com permanently. experts say now is the time for people who dropped out of the workforce to give it another shot. also a chance for part-timers to pick up more hours, boost resumes and get discounts on merchandise and other benefits. jon: i'm one of those skiers who is thinking snow, because last year just wasn't so great. california, the west, not so good. claudia cowan, thank you. >> reporter: we are praying for snow. jenna: let's take a closer look at how -ts economy is affecting small businesses in our weekly series "spotlight on small business" today we'll talk to bruce jones, he's the ceo of trite tan submarines. they build subs for personal use. sounds like something jon scott would be into. welcome to the show, nice to have you. >> thank you for having me on. >> you've been in business for 25 years now, what is your assessment of the economy, is it the same, better, worse, how do you see it? >> i think we see it as improving. from the point of view of our clients i think my typical client is probably worth about a quarter billion dollars. we really haven't seen the economic downturn affect our business per se. but what is happening is that we're seeing a lot more interest. i don't really know what to a tribute that to, but we expect to build quite a few more submarines next year as opposed to our production of this year. jenna: a quarter billion dollars does sound like jon scott money, that is for sure. it certainly is a very specific clientele, bruce. are you looking to hire more people because you anticipate more business? >> well, i think a lot depends on what happens with the race to the white house. i think for us next year looks to be, you know, quite positive for growth. we are developing a new submarine that is going to be able to take three passengers in a transparent pressure hull to the bottom of the ocean, the deepest spot in the ocean, challenger deep at 11,000 meters or 35,800 feet. we expect to sell a couple of those next year. we already have the contracts in the works. and so we will definitely be hiring some more specialists to assist us with the production of those vehicles. jenna: why does the hiring plans and maybe some of your other planning depend on what is going to happen with the election? what are you watching for there? >> well, you know, i think that the issue for us really is that more regulation and more taxes are going to make it difficult if obama is reelected. when we hire people we really like to keep them on, you know, for as long a period of time as we can. we typically don't hire people seasonly and we don't higher skilled technician and get them trained for those positions only to let them go. you know, we are looking for sort of a positive upbeat to the economy, and less regulation, and, you know, we have a very bright prospects i think for the future. so we're excited about it. jenna: a very interesting business that you're in, bruce. it's nice to have you join us on the program. thank you so much. >> you're quite welcome. thank you for having me. jon: i wish i were worth a quarter billion dollars. but i would like to play with one of those submarines. that would be fun. you think your carry pair shop is the best? think again. some car dealers keep critical information about your vehicle secret. that forces you to go to them for repairs. now a new law could change that. plus new information on an alleged terror plot just blocks from ground zero. is this a wake up call for america? a former homeland security adviser weighs in. >> this individual came here with the express purpose of committing a terrorist act. he was motivated by al-qaida. so we see this threat as, you know, being with us for a longtime to come. jenna: earlier today on "happening now" we were talking a little bit about how the president recently has taken a regular line out of his campaign speech e. had been saying that al-qaida is on the run or some variation of that. over the last week or so that loin has been omitted. just moments ago in manchester new hampshire here is what the president had to say. >> i told you i'd end the war in iraq and we did. [cheers and applause] >> i said we'd end the war in afghanistan. we are. [cheers and applause] >> i said we'd refocus on the terrorists who actually attacked us on 9/11 and we have. [cheers and applause] >> and today a new tower rises above the new york skyline, and al-qaida is on the path to defeat, and osama bin laden is dead. [cheers and applause] jenna: also on the terror front we are learning more about the arrest of a suspected terrorist in new york city. a bang louisiana dash she man accused of plotting to bomb the federal reserve building blocks from ground zero. you're seeing a picture on your screen. we are looking back at thwarted plots on u.s. soil. in september of 2009 an afghan american tried to use chemical explosives to bomb the new york city subway system. in october of 2010 a pakistani-born american was arrested for plotting to attack metro stations in virginia. november, 2010 a somali american was arrested for plans to bomb an orga oerg o orgeon christmas tree lighting ceremony. michael balboney is a form secretary of safety. how safe are we? >> this is a chilling reminder that the threat continues, that it's really evolved. it's no longer the attack we would think of in the context of 9/11. it's not a concerted cells thisee come, it's rather these individuals who come into a community like queens and they melt into this community and then they get -- either they are radicalized when they arrive here or they back radicalized. if you recall the times stkwae scare bomber two years ago. he lived in connecticut. nobody knew, he had no background. >> it's interesting to think about this young man, 21 years old. that would put him about the age of nine when 9/11 happened, and he has said apparently that he was watching the videos of the anwar al-awlaki, the cleric killed in the drone attack in yemen. whether al-qaida is on the path or the road to distraction matter,s if there is still the ideology inspiring these people. >> that's a great point. though we think we loped off the head through the excellent military in this country there still exist rogue warriors who come in and have no ties with the government or law enforcement, they are below the radar screen completely and yet they get this inspire magazine, which is a common thread to a lot of these incidents and they learn how to do things like make bombs. jenna: how do you target somebody like this. when you hear he's from bangladesh, you think that is not the typical place we hear b. what do you make of that? >> anyone who says it can only be the magr, b or out of africa that is a very narrow prospective. these are similar p similar sympathizers and this is what we have to change. jenna: if there is one there could be others. one could be smarter than the other. i'm curious as a professional but as a regular person like the rest of us where do you draw the line between dealing with reality and pair no a. >> when you take a look at all the cases the department of justice has brought, 16 since 2006, nobody has been dismissed because of entrapment, so what the justice department has figured out is that this is the way to do it to set up these stings. it's very important to try to make that fine line between aspirational and operational, but that is why again, this is such a dramatic incident here in new york, the guy was in his hotel room pushing the send button on his cellphone to detonate the bomb. i've actually participated in building a bomb, learning how to do it at a homeland security in a silt in new mexico. i know what it takes to kind of do this. it's not something that you can just do because you want to try it, you need to be determined to do this. jenna: that gives us another idea, the profile of this type of person and also gives us something to think about. michael, thank you. great to have your expertise as always. look forward to having you back. >> thank you. jon: all right so your car breaks down. you want to bring it to your favorite mechanic. but your auto repair shop can't fix it and you are forced to return to the dealership. has it happened to you? it happens in lots of places and it can be expensive. but now one state is fighting back. we'll tell you how in three minutes. bob... oh, hey alex. just picking up some, brochures, posters copies of my acceptance speech. great! it's always good to have a backup plan, in case i get hit by a meteor. wow, your hair looks great. didn't realize they did photoshop here. hey, good call on those mugs. can't let 'em see what you're drinking. you know, i'm glad we're both running a nice, clean race. no need to get nasty. here's your "honk if you had an affair with taylor" yard sign. looks good. 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[ female announcer ] live the regular life. phillips'. jenna: a quick business update for you that we thought notable to mention. google, a big tech company, right? we all know about google. the companies are in the process of coming out with earning inks report which is like a quarterly report card and google just announced a pretty siz sizable miss for its earnings. that's like getting the worst grade. google stock is taking a hit. i see headlines right now that the stock may have been halted which happens when it fals it falls quickly. when there is a big company like this that so many look to to be gang busters even in a bad economy there is a lot of questions raised about the health of google and what that might mean for the broader economy overall. fox business, our friends over there are all over this and it's a story we should continue to watch especially as we move toward the close of the business day today. jon. jon: all right. how about the health of your car. right now if your car breaks down do you have a choice of where to bring it for repairs? you probably think you do. but many car dealers actually keep repair information to themselves. that forces you, the car owner, to go back to the dealer. but in massachusetts a measure on the ballot next month could change that. douglas kennedy has details for us. >> reporter: we've all experienced this. it's because for years car dealers have kept some of their repair information secret. now some mechanics in massachusetts want that information made public. they say you have the right to repair your car wherever you want. barry steinberg opened his auto repair shop in watertown, massachusetts in 1974, and for decades he says he and his mechanics could fix any problem on any car. that changed in the 90s when automakers installed computers in their cars and refused to give you and other mechanics the diagnostic information. >> yes it did. the cars went from mechanical to technical, and we weren't getting the full book of knowledge like the dealers had. >> reporter: which he says forced many of his customers to go to dealers and pay exorbitant dealer prices. last year steinberg successfully placed a measure on the state ballot requiring automakers to make all repair information available to the public. >> your proposal included a threat of punishment for the automatic though makers. what was the threat? >> the threat is very simple, that if they don't comply with the law the way it is written they will not be allowed to sell cars in massachusetts. >> reporter: but its instant popularity among car owners scared the automakers and they immediately agreed to a deal with the massachusetts state legislature, a deal, though, that did not include the threat of punishment. a spokesman for the automakers refused to come on camera to explain, but in a statement urged state residents not to vote for the ballot measure, claiming it will soon be state law. the ballot initiative, it said, is no longer necessary. are you going to tell your customers not to vote for this ballot measure? >> it would be extremely pre um two us on my behalf to tell the citizens in the state of matter mass ho massachusetts how they should or shouldn't vote. >> reporter: it's up to voters he says to decide if they should be punished if they don't comply with the law. jon: we'll see if other states follow. douglas kennedy, thanks. we'll be right back. jon: well, the good news? tomorrow's friday. jenna: that is good news. jon: tha