martha: hello, everyone. trace: we are live inside the fox news room because look around. this is where the news begins. behind us over here is the national desk. they cover america for fox news. in this one over here, this is the foreign desk covering the globe. every single picture that comes into fox news channel comes in right along here. it is the media desk. on "the live desk" those brand new pictures will always be in boxes. in the top box, breaking right now, police and the medical examiners say that she was high and drug out of her mind when she drove a minivan full of kids down the wrong side of a new york highway, colliding head-on with a suv. her husband says that she was sick, not drunk. he wants her body exhumed for a private autopsy. we will hear from him in moments. in the middle box, what could be a major break. are you kidding me? in the case of madeleine mccann. an all-out search is underway for a woman who looks very much like victoria bekham and may hold of key to finding her. chilling new video diaries of that man accused of the deadly shooting in a pittsburgh health club. what they reveal about the motive for the deadly rampage coming up. martha: if you thought that you dodged the real-estate disaster, think again. listen to this. this is no longer about those nasty subprime mortgages. it is about everybody's mortgage. within two years, nearly half of the mortgage holders in this country are going to owe more to the bank than their home is worth. that is in a new report. in means that if you sold your house, you would still owe the bank even more money just to get even. this is not good. alexis glick is here prodigy is the vice president of fox business news. this is not good. >> this is not good at all. this is a report put out by bike on wall street. they're saying that at the end of the first quarter, about 14 million homes, or about a quarter of all home mortgages were under water. therefore, they owe more than the value of the home. the projections are, that could be 50% by the first quarter, to dawson 11. the big issue is that it is not subprime borrowers. those are people who buy conforming mortgages that are back stopped by fannie mae or freddie mac. it depends how much they could be worth. it means that we are far from over in terms of how this will impact. it affects consumer spending, psychology, just about everything. martha: is there a sense that the dynamic will change and maybe some of these banks will have to make a new deal with some of these buyers? if that is the case, what does it mean for the banks? >> the administration is working to modify mortgages. they have not really done a good job, to put it lightly. the good news is that we're starting to see what we believe are the signs of a bottoming in housing. it is not over. it could be a long, difficult drag. it depends on where you live in the country. in the northeast, we are starting to get hit. others are starting to stabilize. the issue is the trade up by air, not the first time home buyer, but someone who owns a home and is going to trade into a new home. the belief is when they tried to keep mortgage rates low, there has not been an incentive to get in there. that would help lessen the case of being under water. the big risk is, you could walk away from those mortgages. there is virtually no major ramification. it is not like filing for bankruptcy. it could be on your credit report for a couple of years. people could just walk away. martha: what does that mean for the lenders? >> the value of these loans continued to deteriorate. the more people who go into foreclosure, the worse it is for the banks. the domino effect can be really ugly. martha: there could be another shoe to drop in this mortgage crisis situation. thank you very much. great to see you. there is a fresh lead in the search for young madeleine mccann. she would be 6 years old right now. she has been missing for more than two years. family members said that she was a abducted from her room and an exclusive hotel and portugal. profit investigators are looking at an australian woman in this case. she apparently had a bizarre encounter with two men on a beach with spain just hours after she vanished. this woman is said to be agitated. she was later seen having a heated conversation with someone. the significant thing is that she said something very significant. they are not going to say yet what it was. they feel that they are onto something here. we will show you this sketch of this woman. we will break it all down for you just ahead. trace: we are waiting from the house band of diane schuler. police say that she had the equivalent of 10 shots of vodka before climbing behind the wheel of a mini van full of kids. his attorney is now speaking. investigators said that she was eating the wrong way down a highway. she killed herself, her daughter, her three nieces, and all three people in the other car. now the husband is speaking at a news conference. he insisted that his wife rarely drank and did not use drugs. he claimed that a medical condition caused the crash. now he wants the body exhumed to prove it. a defense attorney joins us. the autopsy report showing 10 shots of the alcohol and traces of ppc in her system. >> it is a terrible set of circumstances. the only real approach to defending a case like this would be to argue one of two things first, the methods or means by which the blood was tested was somehow incorrect or corrupted. secondly, you admit that she ingested the alcohol, but she did it so soon before she dropped that the alcohol would not have time to enter her bloodstream at the time the accident occurred. trace: he said that she only had a couple of pina coladas a year. is he afraid that they are going to come after him? >> i do not see how they could come after him criminally or civilly. there are probably multiple wrongful death suits that are going to be brought against her estate. the extent to which he is brought against would be as the executor. martha: we are looking at this car. this is just beyond tragic. i just can't get my head around how she was driving down this road the wrong way and at no point, no matter how drunk she was -- maybe she passed out. maybe she was not conscious at all. how much do we know from the forensics hear about what the situation was -- her husband claimed that there was a medical condition, diabetes, that might have complicated all of this. >> we know that there is say .19 bac. that was roughly twice the legal limit. did they test the plasma or the whole blood? was the blood or for drip properly? those are the kind of issues you can get into. normally in this type of situation, the police will take a couple of blood samples. martha: just imagine this scenario when you have a mother who is driving her own child and then her brother's three daughters. her son was also in the car. the little boy is the only one who survived. he is in critical condition at a hospital right now. these girls are gone. her daughter is also gone. you have a complication of these three other gentlemen, father and son, who you see right there. there was another gentleman traveling with them. i heard someone earlier saying, how can you even think about prosecuting anything in this, it is such a tragedy. this family feels like, we are totally innocent bystanders in this whole thing. we have wiped out a father and son. >> that pour 5-year-old child is living with a mother's legacy in this case. it is unimaginable. i used to be a prosecutor in that area. i know that some of the investigators were on the scene. to hear their account of the absolute carnage, it is unbelievable. trace: witnesses said that she was at the bar all the time. >> she was drinking at 9 in the morning. martha: her husband is about to speak. stay tuned for that. he is going to step in front of those microphones. we will hear his side of the storied moments from now if iraq was considered president bush's war by many people in this country, it is turning out that afghanistan may go down as president obama's war. here is the big question right now. will we get to a point where we need more troops? 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(announcer) the same professional monitoring you expect from brink's home security, you can now expect from broadview security - for home and business. broadview security - the next generation of brink's home security. call now. martha: there is the podium. we are waiting for dan schuler. this is the most heartbreaking story of this summer. they were leaving the camp site. the mother was driving. in the top box, you can see that is them and their children. the little boy's survival. he was in the car. he is in critical condition at a westchester hospital. i'm going to give you a little bit more set up while we get way -- we get ready for them to start talking. >> this is the husband. that is his sister-in-law. we have my investigator. all right. uhhhhh -- we want to speak to you about the events that occurred and i will tell you quite candidly that i did not see any real benefit, except my client wants. i can tell you in my years of practicing law, this case has captured me and just devastated my understanding. on the day in question, they were not getting divorced. they had no marital problems. she was not an alcoholic. she rarely had a drink. she got in the van with the children. nine witnesses saw her that day not drunk with no alcohol breath, no pot breath. what should have taken a 35- minute drive took almost four hours. she had numerous medical conditions and problems. one of them was an abscess that was almost two months old. there was a swelling and there was pain on the left side. she had diabetes. if you want a question, you raise your hand. if not, i will never point you. she also had a lump on her leg. the lump on her leg, we're not sure what it was, but it was moving. we have not yet decided to have a new autopsy. my client is a public safety officer. i will not allow any questions about marijuana use. marijuana use is not a crime anymore. it is a public health violation. if you ask it, i will stop the question. the wife, child he lost, the child that survived, and the relationship with the wife. first question, please? yes, sir? speak up, sir. >> why did you take two cars back? >> i went up there the day earlier to open up the camper and get a little fishing in by myself before the kids came up. >> can you talk about the range of emotions over the past couple of days? >> very sad. upset. i lost my dota, lost my son, i lost my wife. it is going to be better. we're getting there. i'm not angry. >> how can you explain the behavior that day? >> fine. >> before and after your conversations with her. >> normal. she was fine. we had a cup of coffee in the morning, we packed the car is up, we headed out. it was just like every other weekend. >> my investigators have already interviewed people at the campsite. nobody saw her with alcohol, drugs, acting strange -- the opposite. she was happy, talking to people. she even kissed goodbye to the owner of the camp. that person smelled her breath. it smelled fine. martha: this is an incredible story. we are going to keep a very close eye on it. he claims that his wife was not drunk. she acted completely normally that morning. they had a cup of coffee. this is their typical retain. he went up a day early. anyone who has a few kids, you end up with a couple of cars at a situation like this. he wants the test to be redone because he claims that there were not 10 shots of vodka and her body and marijuana and her body, as a police are climbing. we will bring you the very latest. trace: he was mad at the world. angry because he could not get a date. >> for me to hide from my emotions for one more day. listen to some music, daydream -- trace: he gunned down three women. a look inside the twisted mind of the pennsylvania jim shooter -- gym shooter. ♪ well i was shopping for a new car, ♪ ♪ which one's me - a cool convertible or an suv? ♪ ♪ too bad i didn't know my credit was whack ♪ ♪ 'cause now i'm driving off the lot in a used sub-compact. ♪ ♪ f-r-e-e, that spells free credit report dot com, baby. ♪ ♪ saw their ads on my tv ♪ thought about going but was too lazy ♪ ♪ now instead of looking fly and rollin' phat ♪ ♪ my legs are sticking to the vinyl ♪ ♪ and my posse's getting laughed at. ♪ ♪ f-r-e-e, that spells free- credit report dot com, baby. ♪ i switched to a complete multivitamin with more. only one a day men's 50+ advantage... has gingko for memory and concentration. trace: going inside the mind of a crazed mass murderer. a video diary made by the gunman behind a health club massacre in pennsylvania -- prosecutors say that he targeted women, claiming that he could not live with constant rejection any more. now, an eerie look inside his life. >> my objection is to learn to be emotional and to be able -- be able to emotionally connect with the people. when i'm 20 years older than she is, she has to feel good about this thing. trace: three women were killed in that attack, including an instructor. he later turned the gun on himself. martha: july is continuing to be the deadliest month for our troops in the afghan war. 43 americans were killed in the month of july. a new assessment on the situation there has just been delayed. defense secretary robert gates extended that deadline after he made a surprise visit there during the course of this week. a draft had called for doubling the number of afghan soldiers and police, something that would require a lot more training and manpower. who will help accomplish that? it is the war that is getting worse while everyone is arguing about health care back in the united states. joining us now is iran contra -- fox news military analyst lieutenant colonel oliver north. good to have you with us. you were there -- we have pictures of you visiting a year ago today. talk to us about why you think defense secretary robert gates -- there is the picture of colonel north at the exact time. what do you think they have delayed the assessment of how it is going? >> they need a lot more american troops and a lot more coalition troops over there. if you are going to recruit and train another 100,000 afghan soldiers and police, they are going to have to put somewhere between 30,000 and 40,000 additional coalition forces in there. that is the only way this is going to work. they have these are working very hard, particularly in places like helmand province, where those photos were taken, eradicating the poppy problem. we were with a marine expeditionary unit. it is brutally hot right now. it is very difficult to get around. there is only one paved highway in the entire country. heroin poppies are everywhere. marines are trying to convince the authority, you cannot eradicate poppies without providing something else for these people to live on. it is the taliban who is telling them to grow the poppies. martha: it is a huge factor in all of this. 30,000 more u.s. troops would be needed to accomplish the goal in this case? do you think that president obama will ask for 30,000 more american troops? >> general mccree stichristal ak for more. we have 18 months to make progress in afghanistan. after this election on the 20th of august, no matter who wins, there is going to be a request formally made by the afghan government. at that point, we have to insist that they recruit and train one under dozen more afghan security forces, they start paving the road to grow their economy, connect their people. that is where agricultural products -- trace: you made a good point. we know that the afghan economy is in shambles. we know that hamid karzai's power outside of kabul is nonexistent. we know that this strategy of protecting the villages and not going after strongholds is somewhat controversial. what is your take on that? >> afghanistan today is the iraq of 2006. it is a very difficult situation we proved that if you put conditional forces in, made the commitment, as the surgeon did in 2007, you can get the afghans to step up to the point. they will tough -- it will fight. these are tough fighters. you have to prove to them it is in their interest to volunteered and served in their military and police forces and we are going to back them up with good training, equipment, and we will be there if the taliban musters and the forces that they cannot contend with. martha: before i let you go, do you think president obama will send the troops that the general has asked for already? >> he is going to have to martha: good to have you with us. he is a host of "war stories." trace: a gold mine always the winner who will create the coveted vaccine that will stop the dreaded h1n1 virus in its tracks. intrigue and the intense drug company wars. what did this woman say and why? why investigators have very good reason to believe that she knows something significant about madeleine mccann. trace: we have brand new information on three big stories. you were about to see history in the making. the senate very close to the confirmation vote of supreme court nominee sonia sotomayor. shannon bream is following that. >> it is unmistakable that within the next couple of hours, sonia sotomayor will be confirmed to become the next justice to the supreme court. nine republicans say that it will break with the party and vote yes for. there are still 31 centers that are going to vote no. that is the highest number of no votes since 1894. probably not the bipartisan support that the white house was likely looking for. trace: can you still get cash for your clunker? what is the answer, wendell goler? >> majority leader harry reid expects that the senate will extend the program as his last order of business before lawmakers leave for their august recess. any of the amendment would force a suspension, but none are expected to pass. the $2 billion extension expected to keep the clunker program in business until labor day. trace: wendell goler, live on the north lawn. a prayer at a city council meeting getting a lot of folks riled up. >> forget about the pot holes. right now, the biggest issue before the lodi city council is the 2 minute prayer that opens all of their meetings. atheist groups say that the prayers have got to go. church leaders are demanding that they stay. both sides cite the constitution and case law to defend their case. in the meantime, the city council is just praying that all sides can reach a common ground. trace: there is brand new information in the bottom of the hour. martha: and now to the war against h1n1, that will be heating up. there are a number of pharmaceutical companies battling to be the first one to come up with a successful swine flu vaccine. there will be a lot of money in store for the company that wins this battle. maryann? >> hello, martha. many drug companies are fast tracking production of vaccines. kids are going to be going back to school. officials are worrying about h1n1 rapidly spreading. novartis started to inject people with vaccines yesterday. it has not yet been approved here in the united states. they did that in order to speed up the process because they say it is faster than what they have right now. it will begin human clinical trials later this month. because of the new method they are using, no orders from the united states yet. the u.s. has ordered $975 million worth of vaccine from novartis. as you can imagine, when someone has symptoms like high fever, they want to know as fast as they possibly can if it is swine flu. it is important to get treated within 24 hours. such tests tend to fail more than half the time. today, cdc officials have confirmed that these rapid tests may not be reliable. even though the cdc has said that, some people say that these tests are not good. doctors say that if they are done right, they are still effective. martha: you could find tons of information and everything you need to now at foxnews.com. you're going to get a page dedicated to keeping you up to date. video on demand, fact versus fiction. trace: they are trying to hammer out a compromise on health care reform before leaving on their august recess. one of the big issues of contention is the public option designed to compete with private insurance companies. something roger woodruff calls a bait and switch tactic. i just want to show you this piece of video. this is from a town hall that steny hoyer had. >> they are lying to me. i recognize a liar when i see one. what are you going to do about my paunch? listen. i am a registered democrat. ok. what would you try to stuff a health-care bill down our throats when the president took six months and to pick out a dog for his kids? trace: as you can see, that is about the real system that turned into a debate on health care. the democratic senators say that these are theseshills and this is not a grass-roots movement. if half the country is against this healthcare plan, a lot of these town halls are going to be filled with a lot of people are angry about this? >> this is not hard to figure out. when we first started talking about health care reform, no one understood that this was going to be a huge tax increase for middle america. nobody understood that this was going to take people happy with their insurance product and put them in a government plan. i do not think senior citizens realized that there were hundreds of billions of dollars of cuts in medicare to pay for this new government-run program. i think it is more than a majority opposed to this program. i and we're going to hear from the people back home. trace: if you go behind the polls, the reasoning is that everyone in the country said that the premise is that 47 million of us are uninsured. then it comes down to, we're not just giving them insurance. it is changing my insurance and it will cost me money to get those people insured. it is not as advertised. >> that is true. it is a bait and switch. this public plan -- you can ask leading economist and they will say that there is no way that private insurance plans can compete with a government-run plant where the government can print more money and will, as we have been doing for the past several months. what will happen is that more and more people will have to be forced into the public option because the private options will dry up. we do not want the waiting lists of a candidate-style program. we do not want the rationing of a great britain style program. i think that is where we're headed if we do not stop trying to slow it down. trace: thank you, sir. sunday, we will know what happened to madeleine mccann. having the right tools is crucial to being able to manage your diabetes properly. it's very important for me to uh check my blood sugar before i go on stage. being on when i'm feeling low can be like a rollercoaster. it does at times feel like my body is telling me to do one thing... and, my mind, my heart is telling me to do something else. managing my highs and lows is super important. with my contour meter i can personalize my high/lo settings so it really does micromanage where my blood sugar needs to be. i'm nick jonas and never slowing down is my simple win. martha: it is what keeps a lot of us awake at night, the question of anything ever happening to your child. where is she? did she wandered off? now, it could be that there is finally a real development in this case. are they closing in on a woman who really does know something significant has these investigators say? the hunt for madeleine mccann is going to australia. the private detectives hired by the family are still working on the case. two british witnesses coming forward. they say that they were hanging out in a bar in barcelona, spain. one of them approached this woman and had very strange conversations with care. investigator believes that their story is worth tracking down. >> all we can say is we take it at face value. it is a credible witness oper. martha: they say that he is a professional man and they have no reason to believe -- no reason not to believe what he is saying. we're joined by the president of the national center for missing and exploited children. thank you very much for being here today. i want to hear one more sound bite that comes from the other lead investigator in this case just so we can get that into the mix as well. >> the witness walked toward the woman. they had a short conversation. this conversation was potentially significant to the investigation into her disappearance. however, for strict operational reasons, the investigators or i will not be divulging any detail of what was said to the witness. martha: nobody is saying exactly what this woman said or why they considered this to be a credible story. they are saying that she said something significant. what do you think that would be? >> not only are they stating that she said something significant, but that she misidentified the man as the person she was supposed to me. here's the thing. there is no downside whatsoever to releasing the information. it establishes three things. it establishes the investigative value of the content of the investigation and it shows the credibility of the eye witness. third, it enlists the aid of all the public, everybody on the planet as eyes and ears. somebody knows this woman. she was in barcelona of may, 2007. she speaks fluent spanish. i think they will find her. martha: you deal with missing children all the time. the parents say, we're glad that they found something significant. is there any reason to think that this may be different and this time, they might be onto something that could lead them to madeleine? >> you never really know. what is important that -- is that we follow this lead aggressively. she was less than four years old at the time that she disappeared. their young children are easily manipulated. she could be alive. it is very important that we keep this case alive and keep generating leads about where she might be. martha: as i said to you -- i do not want to be cynical, but these detectives have been hired by the family. is there any chance they feel the need to come forward and say that we're working really hard and we're onto something right here? >> there is always that possibility. i would not theorize that is the case, but the fact is, if anybody can posit a reason for not releasing in -- it is not the homicide case where you withhold certain information to corroborate information that only the bad guy and the police know. it helps to validate the factual matter related to the bad guy. there is no read -- there is no need for that here. martha: what is your reaction to the fact that they say the significant information to have received -- a cannot really say. what do you think about that? >> we do not know what the information is. we do not know whether releasing more detail what adversely -- would adversely affect the investigation. what we know is that it is really important to generate leads. we just did in age progression photo would now be 6 years old. we want people to realize that this child does not look like she looked more than two years ago. this is a very different missing child. the key here is to reach out to people in the world. they might not know that they know something. martha: we showed you her sketch. if you know anything about her, contact authorities. that is the woman that it wants to speak to in this. she has spent time over the years in barcelona, spain. thank you very much. always good to have you with us in the studio. trace: we have heard so much about the dangers of texting while driving. there is a new way how texting could slave -- could save your life. . meet jack. recently turned 65. glad he's now got medicare on his side. but jack knows that medicare part b covers only... 80% of medical expenses. so, he got himself an aarp... medicare supplement insurance plan -- insured by unitedhealthcare insurance company. a medicare supplement plan... lets you to keep your own doctor, helps you budget medical costs, and it picks up some of that 20%, potentially saving you thousands of dollars... out of your own pocket. if you're turning 65, or are 65 already, call now for this free information kit... and medicare guide. learn more about aarp medicare supplement insurance, and its wide range of coverage options, competitive pricing, and, plans that travel with you nationwide. so call now, just like jack and millions of others have done. because when it comes to medicare, we should all be on a roll. trace: people in the city of waterloo, iowa have a new way to call for help. texting 911. cities across the country are looking to do the very same. chief thomas jennings joins us. how do you try and differentiate between the bolgus 911 texting and something that might be legitimate? >> we takes them all seriously and then we work from there. trace: it could be a long back- and-forth process. >> it is. with texting, there is a language. we instructed our dispatchers on a text messaging. trace: this is not meant for the masses. you are targeting a specific audience. >> our goal is to provide communication to the hearing impaired, the speech impaired, and those few in situations where they do not want to talk on the phone. trace: if you were a kidnapping victim, the silent 911 call becomes your best friend. how does that work? if you get one shot at it, how do you know if it is legit, if i cannot answer a follow up question? >> i think the best in is that our dispatchers are trained to say what is your location, what is your emergency, and are you in a safe place. the message is to treat it just like any other 911 call. trace: chief jennings, it is fascinating. thank you very much. martha: want to talk science- fiction meets reality? a new pair of glasses could be giving the gift of sight to the blind. it is a cutting edge experiment that is tested in new york city. there's a sensor that goes on the top. this camera converts light images into a digitized picture. that picture is converted into gentled electrical stimulation stub vibrant on the toungue. users are able to seek a enough to walk without a cane and without a guide dog. trace: that is fascinating. martha: coming up, she was a follower of charles manson, and then she pointed a gun at an american president. behind bars for more than 30 years, today, big developments. before you know it, squeaky fromme will be a free woman. and my lifestyle. i'm joe james, and being outside of the box is my simple win. 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[captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- martha: welcome to the "live desk." i am martha maccallum. trace: i am trace gallagher. on capitol hill, the senate is debating the nomination of judge sonia sotomayor to the united states supreme court. the full vote could begin in the next hour. in the meantime, shannon bream has followed this from the get go. how do we expect the final vote to to play out today? >> there's no mystery that sonia sotomayor is going to be confirmed by the senate to the united states supreme court. top leaders will get to make their final argument about sonia sotomayor and her fitness as a judge. at about 3:00 p.m., we expect the final vote. by our tally, we are looking at 67 to 68 yeses. we do not know if senator byrd will be able to make it today. senator kennedy will not be here today. nine republicans are crossing the aisle. it is a matter of time before history is made. it could be the first latino justice to take a seat on the high court if sonia sotomayor is confirmed. she could be sworn in very quickly. the white house is being mum at this point. it could happen as early as today. trace: shannon bream, thank you. martha: the white house and the fight against terrorism. obama's top counterterrorism adviser it says the administration will use unrelenting pressure to take out terrorists around world. john brennan outlined the strategy today. catherine herridge, and the headlines. >> this is the first time a senior person in the administration has defined what it will mean for guantanamo bay in january. he told reporters that when the president said closed, he meant that the facility will be shut and that every detainee will be out of the present. when i pushed him on the issue further, he seemed to back away from. he could not say for certain what the conditions would be like on the ground. a lot of this would be on congress. since the president's announcement in january, only 5% of the detainees at guantanamo bay have since been transferred. 230 or so remain. it will be interesting to see how this will go forward. martha: there's a lot of work to do if they're going to hold to that deadline. we have heard this back-and- forth about the war on to error. have they said about what they're alethea's on how to fight the war on terror? >> it boils down to two elements they are central to the fight against terrorism. first and foremost, this administration believes it has to build alliances, not only with the islamic community as a result with the president's address in cairo, but also with other nations. they have a strategy to deal with what they still described as an imminent threat from al- qaeda. and the president has been very aggressive on operations. he has encouraged his advisers to be very innovative. that dovetails with other i conversations i have had with intelligence officials. there may be differences on the fringes. at the core, this administration's policy toward al-qaeda mirrors that of the previous administration. they have kept up the cabin in the tribal areas of pakistan. it has been very successful. martha: that is interesting. what about somalia? we continue to hear more stories about americans that are involved with the somalia. it feels like it is becoming a very central front on the war on terror. >> intelligence officials say there are three fronts, east africa, somalia, yemen, and the tribal areas of pakistan. john brennan is part of this growing tourist that is starving somalia and talking about how westerners are going to the training camps and are returning home. we have now seen two lots late to those training camps in somalia outside of the country. one is in yemen appeared as you know, the arrest earlier this week in australia. people increasingly see somalia and the fact that there's no government there as the new afghanistan for al-qaeda and like-minded groups. martha: catherine herridge, thank you very much. trace: remember the scathing criticism of the big three auto executives who took private jets to washington to plead for a bailout? some high-flying members of congress may have forgotten the outrage. the house just gave up to buy $65 million jets. clair ms.clurman castle said she will try to block this after the recess. take a look at this. this is rare. this is a dolphin's stuck in a creek near san jose, calif.. there is a dolphin a laundry around -- there's a dolphin that is wandering around. someone is going to try to get that thing focused back to the ocean where it belongs. once behind bars, and now working on the links. former gitmo detainees. they're spending their days on the bermuda bowl golf course preparing the landscape for the upcoming pga grand slam of golf. the high rate of four chinese muslims known as uighurs is raising more than a few eyebrows. they may be working there longer than the two-day tournament through their attorneys said the uighurs were looking to find jobs and be productive citizens. the pentagon determined they did not pose a threat, but their release was delayed because they cannot go back to china where they face persecution. many other countries did not want them. just 200 days into the his presidency, mr. obama is feeling the heat of our summer this content to that is what the polls are showing. americans speaking out. how they feel our commander-in- chief is handling his job. these are numbers. we will give you a context and perspective on health care, nex. - oh, come on. - enough! you get half. and you get half. ( chirp ) team three, boathouse? ( chirp ) oh yeah. his and hers. - ( crowd gasps ) - ( chirp ) van gogh? ( chirp ) even steven. - ( chirp ) mansion? - ( chirp ) good to go. ( grunts ) timber! ( chirp ) boss? what do we do with the shih-tzu? - ( chirp ) joint custody. - dog: phew... announcer: get work done now. communicate in less than a second with nextel direct connect. only on the now network. deaf, hard of hearing and people with speech disabilities access www.sprintrelay.com. trace: in the top box, the senate is expected to add $2 billion to the cash for clunkers program. harry reid says a significant majority wants to move forward with legislation that would keep the program going until labor day. in the middle box, federal regulators are ordering pacific adjustments to the fuel tanks of more than 400 baleen airplanes -- boeing airplanes. in bottom box, forecasters revised in the number of hurricanes for the atlantic hurricane season. they now predict nowto 11 storms. -- a now predict seven to 11 storms. martha: there are some signs of improvement for the economy. new jobless claims for august dropped a little bit more than expected. the white house press secretary robert gibbs offered this reality check on the numbers that are coming out tomorrow. >> i expect we will see several hundred thousand jobs lost. i expect we will see an uptick in the unemployment rate. martha: they are managing the expectations a little bit for what to expect more growth. that is where you get that overall unemployment rate, which is hovering near 10%. take a look at the polls. the president's approval rating is at 50%. it has been declining recently. it has fallen 7% this month. andrea tantaros is a contributor to foxnews.com. what do you zinc is going on? -- what do you think is going on? >> the economy is a disaster. for the obama administration, it is a little bit of fastening their seat belts and getting through this. until people really feel the economy is turning around, i think he is going to continue to have these kind of approval ratings. martha: take a look at some of the other numbers. this is how you break down the overall approval number when you look at the different components of what is the one on in the country. how is president obama handling health care? 39% approved. 52% disapprove on health care. that has got to get their attention at the white house. take a look at the next one that has to do with the economy overall. 45% approved. 49% disapproved. take a look at foreign policy. this is the area at that is the strongest right now. 52% approve. 38% disapprove. what are they doing wrong on health care? more than half the country is not happy. >> they totally misread the mood of the nation on health care. they started off with message schizophrenia. it was first a moral imperative. they said we need to do this pleased because we knew -- to do this because it is a moral imperative. then it was an economic imperative. now it is a political imperative. they're trying to demonize insurance companies. if you look at the polls, most people like their health care. martha: the numbers are increasing over the past couple of months. i saw one poll that was may, june, and july. people said i actually like my health care better than i did last month. >> i think people like their health care, but they do not like the fact that the cost is going up. that is a concern. the reality is that maybe people do not realize this, but it will continue to go up. it will get to a point where it is unsustainable. they have not focused enough on telling the middle class what is in it for them, what are they going to get out of it. martha: i think people are hungry for the president to say, here's my health care plan. we let congress come up with the stimulus plan and we let them come up with a health-care plan. here are the five things that i want to see with a health-care bill. i think there will say that they have already done that. we're hearing that people do not know what it is. there have been commentators who say they do not get it. >> i think they know exactly what this is through the polls show that the majority of americans believe that their taxes will go up. they understand we have been ballooning deficit. martha: on the one hand, you hear this is not a government takeover of health care from the white house. if that is what the president really wants, it is not sinking in. people are not getting that message. >> it is a messy process. martha: no kidding. >> it is not really clear what the final bill would look like or what would be in it. will there be a public options? who will it apply to? we cannot answer those questions. the reason obama did this, they looked at what happened with brooklyn. they said, we're going to let congress get involved. martha: you have advised people in these situations. they cannot be happy with these numbers. what would you tell them to do? president obama, here are the three things i would do to turn this around. >> i would tell him not to insult the american people. the have questions. people are speaking out. they have questions. instead, we have nancy pelosi alleging that people are showing up with swastikas. barbara boxer says people are two well-dressed to be outraged. harry reid called them loud, shrill voices. this is reality. this is democracy. the left does not want any kind of dissenting opinion. i would say to barack obama, stock and sold to the american people. -- stop saying people are lying. he showed an appalling lack of leadership. martha: he needs to take the reins on this issue. do you think he needs to do that? >> i do not think that is a fair criticism. there is a process. maybe this is a process people do not agree with. i do not think he is insulting anybody. he is not nancy pelosi. at the end of the day, what he needs to do -- i am starting to feel it is too late. i think there will probably be some sort of very watered-down bill. what should have been done in the beginning is to communicate very clearly to the middle class what is in this for you, why this matters to you, and how this is going to address to issues. instead of getting into these kind of macroeconomic arguments. martha: i think people just do not buy it when you tell people it will not cost any more money and it is going to be great and everybody will be covered. >> another problem is that the democrats do this over and over again. they underestimate what the right is going to do. they underestimate what they're going to say about it. the late nancy pelosi is acting -- they are just crazy. martha: you can see it with these numbers. 52%/48%. >> democrats usually win on health care. every time they get involved, republicans seem to close the gap. martha: thank you. back to you. trace: a chilling 911 call has just been released. trace: he says she fell to the police say she was pushed. the 911 tape. we will play the rest, next. boyfriend with the crime. prosecutors point to his emergency call as evidence that he could not get his story straight after killing hammond. you decide. trace: that was the 16th floor. harris faulkner has been covering this as yet we have been debating the legality of this. >> she was about 5 feet tall. the balcony was more than 3 feet. the question is, could she have just fallen over? it is hard to just tip over if 50% of your weight is below the counter of the top of that rail. the argument is, at what she pushed? as her boyfriend clearly said, -- he was lorraine his words -- he was slurring. trace: they were drunk. >> she either had a little bit of help or maybe she was climbing around. first, he said she jumped. he does not know because he was in the bathroom. then he said she felt accidently. the fall killed her, but she actually landed on another balcony. prosecutors think they have a good case. they think that he played some role in her takdeath. it would be hard to tip over a rail that is as tall as you are. i could tip over that rail. if something were closer to 5 feet tall, i could not to over it. trace: i want to bring in an effort, a criminal defense attorney. you heard the debate. they are both drunk. his story is that he was drunk. this is a very difficult case to prosecute. >> without a doubt. i think the 911 tape shows that this man was slurring and emotional. he might have been in shock when the phone call was first made. you can hear the evidence of intoxication. the police did not take an alcohol test of the man. they only took an alcohol test of the woman. i want to know what kind of furniture was on that balcony. i want to know what kind of history this couple had. trace: she is drinking and who knows? she is messing around. she is leaning over. who knows what happened on the balcony? if i am on the jury, i am thinking, they have no witness. just because they had a hand print on the flip side of the balcony -- she could have been putting her feet on it. she could have done a million things to fall over this balcony. >> the bartender heard of them are doing. the attorney asked whether or not we knew anything about their history. we know that they were having some kind of an argument earlier that evening. >> the argument does not equal murder. we need something else. but i'd like to know is what is the history of the couple. what was the history of the couple prior to this? was there domestic violence? does this man have a history of domestic violence? did she have a history of erratic behavior? her past could also be the key to his defense. the police may have jumped to conclusions here. no pun intended. trace: he is out on bond. thank you. martha: the charles manson follower who pointed a gun at president ford and pulled the trigger -- she is going to be a free woman very soon. how close squeaky fromme stayed with charles manson throughout the years? greta van susteren will preview the amazing documentary they have put together. an exclusive video of inside the manson ranch 40 years after the massacre. @=h trace: these are live pictures of the senate floor. that is mitch mcconnell purity is the second to last person to speak. -- this is mitch mcconnell. he is the second to last person to speak and then we will have the vote for the supreme court justice nominee sonia sotomayor. when it happens, we will bring it to you. we have a brand new information on three big stories. mike emanuel is at the white house. the white house is commenting about bill clinton's trip to north korea. >> the white house says debriefing is under way. a member of the national security council spoke with him on the phone last night. press secretary robert gibbs says president obama would also like to meet with mr. clinton, but the timing of such a meeting is not clear. marthatrace: a potential new vi. >> some drug companies are fast track in the process of getting vaccines out as kids had back- to-school, fearing the wrath of spreading of swine flu. u.s. manufacturers are soon to follow drug makers in europe. cdc officials say this test that is used for seasonal flu may not be as affected by testing for swine flu. trace: william la jeunesse made me eat goat. >> it is the new miracle meat. it is lower in calories, fat, and cholesterol, and higher in protein than beef, pork, or chicken. and now it is up to consumers to make it as popular as it is around the world. trace: william la jeunesse says it taste like steak. i thought it tasted like lamb. martha: thank you. the story is so dravidian all these years later. the charles manson follower who tried to assassinate president gerald ford will be out in just a few days. the september 5, 1975, lynette fromme aimed a gun at president ford in sacramento. she pulled a trigger, but there was no bullet in the chamber. she was sentenced to life in prison. her release comes 40 years after the gruesome hollywood murders that put charles manson behind bars. greta van susteren has a documentary coming out about these killings. she joins us now. it is hard to believe that squeaky fromme, involved with charles manson, and attempted to assassinate a president of the united states, will soon be a free woman. >> it is a bizarre story. who would have guessed in the so-called hippie movement, and then all of the sudden, everything has changed dramatically and people are viciously stabbed. los angeles is trying to figure out who could have done these crimes. an extraordinary, terrible crime. who would have guessed that squeaky fromme was part of the family and will now be headed for the front door? martha: we spoke with it then said yesterday. that is what is so incredible about these crimes. the young people who committed them appeared to be had tippies. who would have expected regular high school kids would be capable of this kind of violence? >> a college student from wisconsin -- who would have guessed that? our producers found some footage that has not been seen before. i came to this story taking, yes, the manses, that was quite some time ago. then i saw what the producers had gathered and what we could do. all the sudden, i was glued to it. how could this have happened? how could these young people be changed so dramatically from all-american kids to vicious killers? the producers in these stories do most of the heavy lifting. what they gathered, and as they explain to this story to me, i was mesmerized. trace: you were just talking about what your producers gathered. i want to show our audience an exclusive look at the manse and ranch. >> we hiked into the branch area, to up positions around the canyon, waiting for everybody to get in place. >> 17 family members were arrested, but charles manson was never in sight. two days later, he was spotted. >> i shoved the door open. i could see seven people in the room. i directed each out. >> once again, manson seemed to have vanished. >> there was a saint and a tiny copper beneath it. his think emerged -- his finger emerge. i asked him who he was pretty said he was charles manson. trace: we forget the bazaar -- bizarreness. charles manson thought the beatles were profitphets. and if they killed these high- profile white people, that the community would blame it on african-americans and they would rebel. this was as bizarre as it got. >> a lot of times, crimes are time of passion or to get money, but this was a crime because they could. this was at the time when you have the emerging hippies and the beach boys. the beach boys played a prominent role in this story. how in the world could people change so dramatically, and why? it is extraordinary. the level of cruelty in this. and charles manson still sits in the prison in california. he is as strange as could be. martha: it will be interesting to hear what squeaky fromme has to say when she is released. thank you. there is a look at what is coming up. it is hosted by greta van susteren, friday night, only on fox news is that incredible video. trace: a double bill on the senate floor. lawmakers debating the nomination of sonia sotomayor to the supreme court. mitch mcconnell is still speaking and then it is harry reid. the vote could come at any moment. they will begin voting as soon as harry reid is done. after the vote, and we believe they will confirm sonia sotomayor, then they will move on to cash for clunkers. much more on the breaking news on the senate floor next. of pills compared to aleve. choose aleve and you could start taking fewer pills. just 2 aleve have the strength... to relieve arthritis pain all day. are more than words here. it's personal. i have diabetes. rodney's kid too. so we're so proud to manufacture... the accu-chek® aviva meters and test strips... here in the u.s.a. plus, we've proven you'll waste 50% fewer strips... when you use our meter, which means greater savings... for people with diabetes, like me. now that's a true american value. accu-chek® aviva. born in the u.s.a. trace: that is majority leader harry reid. he is the final speaker before the vote comes down for sonia sotomayor. we are talking about a woman here who will sit on the supreme court likely for decades and will help shape the laws of a generation. as soon as the vote comes down, we will bring it to you live. martha: after the vote, the senate is likely to refill the tank for the cash for clunkers program, at the $2 billion. they say is going quite well and they want to keep it moving. wendell goler is at the white house. is there any chance cash for clunkers will not be extended? >> harry reid is fairly certain he has the votes to pass it. cash for clunkers vote is the next order of business. the final order of business the lawmakers will deal with. supporters say the cash for clunkers program is doing everything they wanted it to do. it is spurring job creation and taking gas-guzzlers' off the streets. critics say it is more deficit spending and more bailout money for the auto industry and another example of the government choosing winners and losers. martha: some of the winners are foreign carmakers. is that part of the plan? >> there's a good and bad way to look at it. six of the top-selling cars are owned by foreign manufacturers. most of those cars are built in this country. hyundai has added a day of production to its plant in montgomery, alabama. general motors is the biggest winner. the big three has more than 45% of the new car sales. that is pretty much the same market share they have before the cash for clunkers program began. martha: this has been so controversial. a lot of folks do not like the fact that the american taxpayer money is going toward somebody else's car. some senators want to make some changes. >> there are seven amendments to the proposal that the senate will take it looked at. most of them have nothing to do with the cash for clunkers. one of them would and thend tar. none of the amendments were expected to pass. any of them would force the holding to go to a conference committee. that would force the suspension of the cash for clunkers program. harry reid is pretty comfortable in his belief that he can avoid that. martha: those changes sound like a longshot. thank you, wendell goler. trace: the majority leader is begin right now. he is the last speaker before the vote comes down for sonia sotomayor. political junkies, legal junkies, everybody will have their eyes on this scoreboard. this will happen at any moment. medicare. it doesn't cover everything. and what it doesn't cover can cost you some money. that's why you should consider... an aarp medicare supplement insurance plan... insured by united healthcare insurance company. it can help cover some of what medicare doesn't... so you could save up to thousands of dollars... in out-of-pocket expenses. call now for this free information kit... and medicare guide. if you're turning 65 or you're already on medicare, you should know about this card; it's the only one of its kind... that carries the aarp name -- see if it's right for you. you choose your doctor. you choose your hospital. there are no networks and no referrals needed. help protect yourself from some of what medicare doesn't cover. save up to thousands of dollars... on potential out-of-pocket expenses... with an aarp medicare supplement insurance plan... insured by united healthcare insurance company. call now for your free information kit... and medicare guide and find out... how you could start saving. trace: the back-and-forth is over to the man, the senate majority leader harry reid is the last to speak before the full senate will vote on whether to foconfirm judge sonia sotomayor as a supreme court justice. we believe the vote will come down on party lines accepted the fact that nine republicans will cross over. it is almost a foregone conclusion that sonia sotomayor will be confirmed as a justice on the supreme court. it could happen as soon as harry reid is finished speaking and the vote against. martha: we have seen this move along very quickly. the tap 15 minutes -- each have 15 minutes. shepard smith joins us. watching the face of the supreme court change throughout history is always a historic time. shepard: is certainly is. i understood that you broke your leg? martha: no. shepard: why aren't you up here? we have a lot of guests. senator jeff sessions, who plans to vote no on sonia sotomayor. there is a hispanic vote thought. senator martinez of florida will vote yes. he will not be in the senate anymore, which may do a lot of explaining. kay bailey hutchison will go on to challenge as governor. she probably would have, too. the hispanic vote is something to consider. the senior editor of politics magazine will talk about what this means in the bigger picture. and a former supreme court nominee by ronald reagan who was not confirmed will be here. his rejection is the one that made his name into a verb. that ushered in a new era of supreme court justice's nomination processes. we look forward to it. you never know what weirdness might happen tree realty will be here tomorrow. martha: i will be there tomorrow. you guys will talk about after this process happens. once somebody becomes a supreme court justice, we are often surprised. they raped her across the coals -- they raked her across the coals. it is always hard to figure out until their on-the-job. shepard: you could ask george bush about that. they just never know. her judicial history on these matters does not really give us an enormous clue as to how she will vote on some matters that matter especially to some hard- core conservatives. you mentioned the abortion issue. there are others. it is certainly a historic moment. a hispanic woman to become the first in the history of our union to serve on the highest court. martha: one of the issues we have been talking about is empathy. president obama said early on that he was told the judge would have an to tempathy. as you know, that got a lot of response. shepard: is certainly did. this experience latina woman comment was the most outrageous that they could come up with. it makes a lot about this candidate. they would have liked to have someone they could vote against. given the fact she is a latina and her history does not really tell us what she will be doing in times to come, it probably made that someone difficult for those who would have rather voted against. trace: david souter did not vote the way they all thought he was going to vote. we do not know exactly what she will do until she gets on the supreme court. shepherd, thank you very much. we are joined by an attorney who argues a lot of cases before the supreme court. it is a very good point. we really do not know exactly what sonia sotomayor will do on the court. >> i think that is true at some level about any justice. it is a very different job than a court of appeals judge. you are not bound by supreme court precedent. you also have control over your pockedocket. it is a very different job. it takes everybody time to get their sea legs. you are likely to see a jurisprudence that evolves over years and years, if not decades. trace: below you is videotape of sonia sotomayor. on the left-hand side of the screen is harry reid, the majority leader. he is the last speaker before they begin to vote. after the vote, we assume there is no mystery that she will be confirmed. at what point in time issues one in? does it happen now? do we have to wait for weeks or until the court convenes in october? >> the next step is a historic fleet technical one. the president has to commissioia commission to ge. the president has control over the timing of that. then she is sworn in. that is something that is done without the full court in session when the full court is in session, she ceremonially takes her seat. this year, they will not be coming back in october. they will be back september 9. she will have to hit the ground running. in about one month, she will have her first oral argument before her to their having a special sitting to address a very important constitutional question about election law. martha: was will that include? >> it is very interesting. it is a case that was argued last year before the supreme court. they did what they call rolled it over. they said, we will have a special hearing. they asked the parties whether a prior decision should be overruled. it deals with whether it is constitutional to limit corporations political copper contributions treated one of -- political contributions. that will be her first case. trace: patricia miller, thank you very much. they are beginning the vote. this is the whole thing. the vote will begin any second. martha: it must be strange when someone says to you, this is your job for the rest of your life. this is an extremely exclusive club. there are some great stories about the supreme court justices. and what we learn about sonia sotomayor in the days and weeks to come. thank you, everybody. shepard: we continue with breaking news. we are waiting for the vote to begin. they have killed the microphones inside the chamber. we are waiting for them to open those back up. it is our understanding that when they do, that is when the vote will begin. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- shepard: we are waiting for that process. the confirmation vote for judge sonia sotomayor is expected to happen at any moment. here's a look at the senate floor. judge sonia sotomayor is expected to become the first hispanic person to sit on the supreme court. the vote itself is probably just a formality. sonia sotomayor's supporters have more than enough senators on their side. what is important is what this is telling us about washington