unlikely that they can get their hands on our top secret information. president obama apologized for the nato air strikes that left 24 pakistani soldiers dead. he called the president to let him know that the u.s. will conduct a full investigation. president obama's apology comes after u.s. personnel began packing up and leaving the air base used to launch u.s. drones. pakistan ordered our military off the base last month. police are searching for this man, david glenn hobson who escaped from a new hampshire prison. he was behind bars for armed robbery. they used dogs and two airplanes in maine where he's believed to be hiding out and he's considered armed and dangerous and reportedly looking for two people that he wants to hurt. they've been taken to a safe location. hobson's father accused of trying to hide him from the authorities. food and medical aid was left outside of the family's home for them to use. former miss u.s.a. 2010 arrested for drunk driving. she was supposed to be the designated driver but her girlfriend was apparently too drunk to drive but according to cops, who was her. she blew a .2 on the breathalyzer. we'll get donald trump's reaction to her arrest. he owns the miss u.s.a. pageant and was the first person she thanked when she won. those your headlines. speaking of donald trump. >> donald trump has -- is in the headlines today. he still could run for president. he's been on this program, he said as much. today there's an item in "usa today" that talks about how the donald says after the season finale of "the apprentice" on may 15th, i'm a free agent and if a republican does not fit the bill in the donald's estimation, he may step in not as a republican but as an independent. >> by december 27th is when he's going to hold this presidential debate that he is going to moderate himself and he says he's going to endorse a candidate probably after that debate. there were a couple of folks not showing up on that debate. ron paul got in a tiff with the donald over the weekend about the back and forth saying his candidacy is a joke anyway. clownlike, yeah. he's also -- john huntsman also not showing up to that debate. newt gingrich will be signed up for that debate. he says if the economy is still in the tank at that point, it continues to be bad, he'll jump in. it will be curious to find out from him exactly what his metric would be that would cause him to run as an independent. >> he's already said it which is that if he believes the republican nominee cannot beat barack obama, then he will jump in, but the problem is whenever you have an independent in the race, the incumbent almost always wins. now it would be a different tone in 2012 but people and pundits have said if a third party get into the race, it would almost assure another four years for president barack obama. the other interesting thing, though, is maybe he dislikes ron paul and maybe john huntsman so much that if either of them are the nominee, that would propel him into wanting to run. >> one of the good things about donald trump is he said that if he did run, he'd do it with his own money. it's hard to ask somebody sitting out there in tv land, hey, i could use $25 from you when he's sitting on, according to the usa article today at least $7 billion. so he would float his own boat. >> interesting. we'll get his take on the herman cain train which has ended this weekend, of course. >> derailed. >> derailed and there's a lot of speculation as to who he would endorse and actually would that person whom he endorses embrace that endorsement or be more concerned about the supporters that are being turned over. a lot of republicans maybe want to distance themselves from what's gone on in the herman cain campaign. he may have as early as this morning, we thought this may be in a few weeks or months, he's going to make an endorsement this morning. >> of newt gingrich that would be no surprise. the two of them have complemented one another a lot over the past couple of months and here's what gingrich tweeted after herman cain suspended his campaign. i'm proud to know herman cain and consider him a friend and know he'll continue to be a powerful voice for years to come. maybe the bigger question is morning, what should herman cain do with all that campaign cash. he had only raised $4.6 million over the announcement he made last spring up to october 1st when the first sexual harassment allegations that came to light. what happened after that? he raised $9 million in a day. what should happen to that money? should it go back to you? >> rich lowry rights in the national review and says cain owes it to his supporters to endeavor to return that money to all those who gave it to him in good faith. remember, he could sit on it. absolutely and some day run again. it's interesting, now that herman cain is out, there's a bold prediction by rick santorum over the weekend, he says now he has a good chance of winning iowa. of course, he is in about 15th place right now in the great of iowa and a brand new des moines register poll came out, newt at 25%. ron paul at 18%. and mitt romney is at 16%. >> and rick santorum spent quite a bit of time in iowa. he has the ground game there. interesting about the money. even at saturday morning, all the supporters were showing up wondering what cain was going to say, they were collecting money. you could make donations. at this hour, you can still make donations because that bank account because he only suspended his campaign is open. so steve, if you want to jump on line and you want to make a donation to the herman cain campaign right now. you still can. >> i just pledged $200 to harold stason. that's impossible. >> what you could do is donate it to a pac or -- >> it would be newt. >> or continue to fund his new web site who is the cain soluti solution.com so let us know what you think about that. what should happen to that dough? remember all the protesters that have been camping out in cities across the united states? >> getting cold. >> now, that was their personal choice, right? it was their personal choice. to go and camp out and brave the weather and never shower, etc. now it turns out that some of them feel that they might need therapy. >> what? >> let's talk a little bit about occupiers in los angeles. i think something like 300 of them were arrested in the last couple of days. and somebody said, ok, folks, while you're being being arrested pay attention to the details. this is going to come back to haunt the police. one person spoke out and said that some are so traumatized by being arrested, they might actually have to get therapy. they say they were traumatized by getting handcuffed with those zip tie handcuffs and they got little cuts on their wrists and because they were being transported to the l.a. police department in a bus some of them had to pee in a bag. they feel their human rights have been violated. >> wa-wa. >> give me the tissues. can you bring them over here, please? >> for civil rights, was any of this a violation of human rights? were they occupying necessarily public places. >> they haven't been asked to leave. they have been evacuated. >> violating areas that aren't public spots even like zuccotti park which is actually privately owned and being asked to leave, not put up and violating the rules of that and setting up tents which is a violation of camp there, when police ask you to leave, is that a violation o human rights? they pull you off of that space oochl at one thing that stood up in my mind at least from the occupy new york protests, of all the people that you might have met down there, the one person that stood out in my mind, a woman who had a sign about not getting a job and wishing she could have one and when a reporter asked her if somebody from one of those wall street buildings comes down and offers you a banking job, would you take it? she said no. i'm not talking about that woman yet. this exemplified to me what was frustrating me about this protest that even if a job was offered to her, she would not take it because it was a banking kind of a job. which really upset me. well, now it looks like somebody has crossed the fence. one of the protesters is now actually working in a banks. >> by holding up that sign, will you take a look at my resume? got a job as a result of it. >> exactly right. so the irony alert, beep, beep, beep, beep. her name is and i'm going to show you the picture real carefully, tracy postard. she has a ph.d. in biomedical science. and a guy who was walking by wasn't really looking for anybody with -- didn't have the necessity or an opening because he took her resume, looked at it a couple of days later and was so impressed, called her and then she was fraught with angst. oh, should i really take that job? it doesn't pay too much. she did and she's studying to be some sort of financial analyst on wall street. even though she had railed against the machine, she is now part of wall street. >> and, of course, the argument was there aren't all of these high paying jobs for individuals. the fact that she was hemming and hawing between going to work at mcdonald's and taking this job that is much more than mcdonald's speaks to the hypocrisy that has taken place. i'd love to fast forward for 10 years and see how it all turned out for her. >> it's great that she took a job. i truly believe in my heart there's a lot of people that would not take a job if it was handed to her on a silver platter. she took it. good for her. >> a christmas concert ruined when the stage comes crashing down. whoa! >> what went wrong? we'll take a closer look. >> donald trump set to make the endorsement for president. the rumor is he's expected to endorse himself. the endorser live attic bra. 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[ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. but to be honest, i find the omega choices overwhelming. which one is right for me? then i found new pronutrients omega-3. it's from centrum, a name i trust. it goes beyond my heart to support my brain and eyes too. and these ultra-concentrated minigels are much smaller than many others. it's part of a whole new line of supplements. there's probiotic and fruit & veggie too. new pronutrients from centrum helps make nutrition possible. on the network they deserve. like the powful droid char by samsung, or get the samsung stratosphere, and for a limited time, get twice the data for the same low price. verizon. >> welcome back. herman cain may be out but could donald trump still be in. >> he says if he doesn't endorse a g.o.p. candidate in the next three or four weeks, he may consider running for president himself as an independent candidate. author of the new book "te to get tough" joins us now bright and early on a monday morning on the phone. why are you up so early? >> this way, i can get a lot of things done in the office and don't have to make my little bit later call although i do like the 7:30 hour quite a bit. >> now you're going to create a lot of speculation again because in this article in "usa today," you say you may throw your hat in the ring again. is this the way to keep your name alive and sell some books? or are you really serious? >> the books sell pretty well. yoj i have to do that. i will endorse somebody. i will be endorsing probably a little bit before the primary season begins and it's going to be one heck of a season. it's going to be a long season, i predict. i'll be endorsing somebody and i hope that person wins and if that person doesn't win, i'm a free agent because as you know, the show ends at a certain period of time which is in may and i'm a free agent. i can do whatever i want. people don't realize that if you have a show, you can't run because of equal time situations. and you're not allowed to run which i think is a terrible law. it's a terrible rule. but nevertheless, if you have a show, you're not allowed to run. >> sure. donald, last time you were on this program, you talked a lot about how you really want barack obama out of the white house but if you run for president, because you would be attracted to a lot of republicans and independents, swing voters who decide who will wind up being president ultimately, your third party candidacy could throw it back to barack obama for another four years. >> you know, steve, i think that would have been true in the past. i'm not so sure now. you have tremendous independent voters basis out there. you have a tremendous group of people that really dislike and i'm a republican, they really dislike the republicans, they really dislike the democrats. and i'm not sure those same rules apply. if you get the wrong candidate on one side and you have a president that's not very popular, i really think it probably would not apply this time. this is a little different. >> let's talk about the debate, donald, because you took a lot of heat this weekend from some conservatives, entrenched conservatives, george will among one of them who said we need to get away. these parties are being hijacked by entrepreneural charlotteans basically saying he thought your idea of moderating a debate was absurd. what do you say to those conservatives this morning? >> i've read george will over the years. he's third-rate and makes so many wrong predictions and if you just follow your predictions, you'll find out he shouldn't be doing what he does. i didn't read this. you're telling me this for the first time. the fact is that they came to me and they asked me, very powerful group and some others came to me and some major republicans and asked me if i'd do it. i think we'll have tremendous viewership and probably get the highest ratings on the debate which is important when you're trying to get a message out and, you know, somebody said, i think it was ron paul i'm a reality star and i shouldn't do it. i'm not a reality star. what i am is a businessman who built a great business, tremendous business, i write about it in the book and even disclose my financial numbers in the book for the first time that nobody has ever seen before. >> you're rich. >> i mean, i put it in because some people said he'll never run because he'll never disclose the numbers. i'll disclose the numbers. i'm proud of what i built. i have nothing to hide. so i'll disclose the numbers. that's why i became a reality star because they wanted somebody that was very successful. >> all right it's one of the things on your resume. let's take a look at the ron paul campaign statement when he decided he didn't want to take part in this debate and john huntsman declined as well. the debated that voters will be watching flies in the face of that office's history and dignity. do you care to continue the fight this morning? >> i don't care. ron paul is not going to win. he's got no chance. you have a better chance right now of winning if you're not running so he's not going to win. it's a joke. he's a joke. >> he's second in iowa. >> here's a man that wants -- does he care if iran has a nuclear weapon that can wipe out israel? he doesn't care. let them do whatever they want. they can make their own nuclear weapons. it's ridiculous. so he's not going to win. he's not going anywhere. he's q.t. and he's got some nice slogans but he's not going anywhere. john huntsman, mr. huntsman wanted to see me and i didn't see him. >> conflict with a phone call or whatever. you'll meet with newt gingrich today. when you meet with these candidates, what are you looking for when you have these private discussion? >> i'm feeling them out. i have millions of people that follow me because of the fact that they know i don't want to be ripped off anymore by china and opec and almost every other nation in the world doing business with us. everybody is doing well but the united states. it used to be the other way around. now we're the laughingstock of the world. we're a pussycat and it's ridiculous. millions of people follows me and the people want my endorsement. interestingly, they don't want my money. they want my endorsement. >> somebody that got your money, she was working for you is miss u.s.a. 2010, we understand she was arrested over the weekend for dui. just curious your reaction. >> well, i just heard this in waiting for this interview and she's a terrific person. a wonderful girl. she was a great -- actually she really did a great job as miss u.s.a. and i'm very surprised to hear it and i'm very disappointed actually but i'm very surprised to hear it. i hope she's fine. >> sure. all right. donald trump joins us each and every monday here on "fox & friends" but he's got real busy day today. he's up early. early bird catches the billions. >> i think i'm coming to see you tomorrow actually. >> fantastic. >> we'll talk about the beginning meeting and your new book. >> we'll clean the place up. thanks, donald. coming up on the show, tsa saying sorry for its strip search on this 84-year-old woman. will apology be enough? her response coming up. >> he hijacks an american plane and stole hundreds of thousands of dollars. explosive developments in the d.b. cooper case. i love the holidays. and with my bankamericard cash rewards credit card, i lov'em even more. i earn 1% cash everywhere, every time. 2% on groceries. 3% ogas. automatally. nooops to jump through. that's 1% back ... 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[ male announcer ] ask your doctor if chantix is right for you. >> 40 years after the dramatic hijacking of an american airline, there is an explosive new information in the case of d.b. cooper. here's what we've known up until today. in 1971, a man hijacked an airline and threatened to blow occupy the airliner. then he jumped up with 21 pound of bills strapped to his chest. why? joining us is the author of skyjacked, the hunt for d.b. cooper, jeffrey gray. good morning to you. >> good morning. >> i've always been fascinated by this thing. he jumped out of the airplane and we haven't seen anything of him ever since nor the money as well. you have a private investigator who reveals a whole bunch of new stuff. >> you know, this story started for me just on the chance tip where it took me is actually in the f.b.i.'s archives. >> right. >> and, you know, which is the holy of holies for reporters and i got, you know, exclusive access to the d.b. cooper case file and in there was stuff that had never been published about this -- or never been exposed really about this case. >> a moment ago, we had -- ok, right here, we have a whole bunch of different sketches of what people thought he looked like. yet, the information that was revealed to the public wasn't exactly what the f.b.i. had in their files. >> right. you have to understand this is an f.b.i. in 1971, a very different f.b.i. now and who they relied on for witnesses to compose the sketches is different. one of the things i found is a description from a passenger who described in very vivid detail and very different in what it originally had been prescribed. >> what you talk a little bit about is somebody asking what was going on and he said he had a grudge. grudge against who? >> in any crime, you want to understand motivate and people talk about the $200,000 and vanishing into thin air with parachutes butted stewardesses is she asks him about his motive. do you have a grudge against northwest airlines? at the time, airlines were striking. it was a moment of real chaos for the airline industry and he said no, miss. i don't have a grudge against your airline. i just have a grudge. why it's important is skyjackers and bank robbers are not always after the money, you know, a lot of times it's psychological factors and i believe that cooper, the real story of cooper is he wasn't a sky pirate or a hero but he was somebody who actually had a grudge, potential potentially depressed and maybe even suicidal. >> there were skyyakings about once a week back then. i figured out how he jumped out of the airplane. they're going around 200 miles an hour. they already landed. everybody got off. you just had the crew and then in the cockpit, the warning light goes off. something is going on with the rear stairs on the bottom of the airplane. >> right, and the cabin pressure is swirling out of control and the pilots have no idea what's happening. they land in reno to refuel and, you know, agents search the plane and find some things are missing. a parachute. all the money and him. >> so presumably going a couple hundred miles an hour. he gets the stairs open, and is standing there flapping around and jumps somewhere and why haven't be-- gotten a better idea where it was and found a single clue yet. >> there's something called the cooper curse that's out there and all the cooper hunters that after him, as you think you're about to close in on him, he manages to get away one more time. >> it's quite a story. inspired not only books but a song as well and this is a great read. jeff gray, author of "sky jack, the hunt for d.b. cooper". thank you very much. >> thanks for having me. >> good job. caught on camera, a christmas concert wrecked. >> ahhh! >> oh, man. why the stage full of kids came crashing down right in front of jcpenney and snail mail about to hit even slower. postal service cutting back and stuart varney says it's a sign of things to come. trust me, that's what he's going to say. he's going to say that and happy birthday to johnny of the goo goo dolls. ♪ [ female announcer ] erybody loves that cushiony feeling. uh oh. i gotta go. 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"while we regret that the passenger feels she had an unpleasant screening experience, tsa does not include strip searches as part of our security protocols and one was not conducted in this case." norra zimmerman claims she flat out are lying and doesn't recall them calling her to apologize. >> the president at oklahoma state university says an army of security couldn't have stopped this chaotic scene from happening. 12 people were hurt when fans stormed the field after oklahoma state beat rival oklahoma. one student has been upgraded to guarded condition but stable. eight others were hospitalized. two people suffered some broken ankles. students tore down the goal post there and weren't cleared off the field for 45 minutes afterwards. >> hate to get whacked by that when it comes down. >> check out this frightening moment at a christmas concert. >> ahhh! >> a choir performing at a mall in south carolina when suddenly the riseers sent the 50 kids tumbling to the ground. luckily, nobody was seriously hurt. the kids are performing again today on a brand new set of risers if you can get them up there. i don't know how many kids want to be on the top level. >> thankfully it was only a couple of feet and nobody got hurt and they're on tv. picture of the day. meanwhile, let's take a look at the day ahead weatherwise on this monday and first, we start with as you can see, we were telling you about this on friday. out in centreville, utah, we can obviously see the high winds have really been impacting folks out there. there have been wind gusts over 130 miles per hour as the santa anas kick up out there. these images from utah, now let's go ahead and take a look of some pictures out of los angeles where obviously, when you've got 100-mile-an-hour winds out there, you wind up with some pretty strong winds in the l.a. area as well. they had to do a lot of fixing and patching of the power grid because a bunch of trees fell on the wires and they had to replace them. >> meanwhile, let's take a look at the map and find out where it's raining and you can see all the way from the great lakes, heaviest stuff right now through portions of the tennessee and mid-mississippi valley, a little bit of snow on the backside of this storm. ahead of it, it's nights and dry and a little bit on the warmer side. quite foggy as we were driving into work today. right now in rapid city, it's only 1. you got 21 in minneapolis. raleigh-durham and new york city, both tied at 50 degrees. we got 37 currently in dallas/ft. worth. later today in the metroplex cranking it up to 34. almost 70 in the mid atlantic. later on today here in new york city, we should top out at close to 60 degrees and that's a quick look at the weather. >> around this time, you're used to seeing brian's best football games. since brian is not here today, i'll give you my best. start with the broncos-vikings. tim tebow and the broncos staging a great fourth quarter comeback. this brought denver within two points. check it out. on the two point conversion, tebow does it again, he scores to tie the game right here. it went to overtime. and after a midfield interception, denver lines up for a game-winning field goal. it's good right here and denver wins a thriller and even though it's my vikings, hats off to tim tebow. amazing job this year. sunday's late game was a matchup between two great teams, lions and the saints. drew brees throwing a deep touchdown pass to robert meechum. puts on some pretty heavy moves and scores easily. watch this. wow. defender is about 10 feet off him right there. all right, so he scores a t.d. there. now they tack on another touchdown late to put the game away. saints beat the lions 24-17. finally, this is an amazing game. i had a bet on the line with brian kilmeade on this one. green bay packers look to remain undefeated as they paid a visit to the giants. the giants gave the packers all they could handle, though. fourth quarter, eli manning throws a touchdown. they need the two point conversion to tie. watch this. straight through into the end zone. tied at 35 but there's too much time left for green bay. they line up for a field goal and it's straight down the middle. there it is. it's good. packers win 38-35 and remain perfect at 12-e 0. -- 12-0. didn't it go into overtime? >> no, it didn't. they won it with four seconds left. stuart varney shaking his head he wants to know about the chelsea-manchester game. >> no, was there overtime in that game? extra time? if there had been, i wouldn't be able to stay up to watch the end of it. >> i missed it when i was putting my kids to bed. >> looking at post office video here for a reason, you want to get your christmas gifts off early this year. postal service is about to make major cuts. >> that's right. for the first time in 40 years, there won't be next day delivery. the cuts part of a plan to save the postal service $3 billion and stuart varney, who we heard a moment ago. stuart -- stuart -- this is bad news on so many different levels, where would you like to start? >> ok, you could call this a subsidized disappearing act because the u.s. postal service is really winding down and if these cuts go into effect, they're going to wind down even more. what they're proposing is by next spring, no more next day delivery. anything you send in the mail will be two to three days by its arrival time. 100,000 workers cut. $20 billion saved by the year 2015. a complete wind -- a further winding down of the u.s. postal service. tell us what's happening. >> let's break it down for the folks at home this morning who is saying how does this affect me? you're a netflix subscriber, this will affect you. it could take a whole week to get that disc. not just for those folks but for the businesses that rely on that service. >> how about magazine delivery? mail order drugs, prescription drugs, they come in the mail for an awful lot of people. this is really going to hurt them. >> who this will help is next day delivery private operations. >> you would think so, yes. >> if people are willing to pay extra. >> will it help the taxpayer? because we're winding down the postal service but we've got to subsidize it out of existence. it needs $5 billion by the end of this year -- this month, actually, to pay off its retirees. >> you really think we're going to see the postal service go away in the next five years? >> go away completely? i want to know what the republican candidate in next year's election is going to say about the postal service in 2013, 2014, will a republican president continue to want to subsidize a postal service that's going out of business or will they privatize it, get rid of it in some way or another? >> slowly disappearing. >> it really is. >> that would be sad. stuart, we'll be watching your program at 9:20 eastern. right? over there on the fox business network. >> yep. thank you. >> thank you, sir. >> coming up on the show, he's fallen to second and third place in some polls. why is the white house focused on attacking mitt romney? they really think he'll be the nominee or is there another strategy in play? our washington insiders are here to explain. >> all the other reindeers used to laugh and call him names. one psychologist says stop showing kids the movie "rudolph." it's turning kids into bullies. is he right? the debate coming up. ho, ho, hold everything. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios. it's easy to see what subaru owners care about. that's why we created the share the love event. get a great deal on a new subaru and $250 gs to your choice of 5 charities. with your help, we can reach $20 million dollars by the end of this, our fourth year. >> we have got a fox news alert for you right now. moments ago, a judge told julian assange, the wikileaks guy he can appeal his extradition to sweden to britain's supreme court. he is wanted for questioning in sweden where he's accused of sexually assaulting two women. and all eyes on madonna come super bowl sunday. the material girl is set to take the stage at lucas oil stadium during the big halftime show. she will collaborate with cirque du soleil on february 5th in indianapolis. get your motor running. clayton? >> my motor is running, steve. thanks. according to the latest rasmussen poll, newt gingrich has his motor running. he's leading mitt romney 39% to 17% in new hampshire. president obama's re-election team continues to focus their facts on mitt romney oochlt. >> the one thing that's certain in this republican primary, if you don't like where newt gingrich is today, wait until tomorrow. it's like the weather. >> they think they can erase the past, what you said before doesn't matter now. when it comes to his public character, he doesn't have the core. >> jordan lieberman is the managing director of campaign grid and the former senior advisor to hillary clinton for president campaign and the managing director of the porter novelli public services. nice to have both of you this morning. kiki, let's start with you. smart strategy managing a campaign looking at somebody and calling him a flip-flopper repeatedly, is that smart for the obama administration keeping going after romney this way? >> the variety of candidates but mitt romney has a record not only has a former presidential candidate but as a governor of massachusetts and a candidate for the senate. i happened to work on the campaign of senator kennedy when mitt romney tried to challenge him and there's a record and a history. that's what campaigns are about. they're about taking a look at where somebody has been and where they say they'll go and romney has got a record of a lot of movement on some of those issues oochlt . >> and jordan, so does newt gingrich. you saw the front of the "wall street journal" about his history with freddie mac. is this the right candidate to go after, going after mitt romney when we saw that poll of newt gingrich surging the way he is. >> i think what they see are the internal numbers. head-to-head matchups are a lot tighter with mitt romney than anybody else. if the election were held today, mitt romney would potentially beat barack obama. you can't say the same about newt gingrich or anybody else today. >> when you look at your numbers and say you're managing a campaign, who do you go after? do you sit back and let each go after each other. >> what's interesting is this is a republican primary. there are lots of people having conversations and i think what's interesting to watch and gives the obama campaign some flexibility and agility in how they address this is that you have a republican party that's in disarray. there is no leader. there is no one who will actually lead them to a point of agreement because they're a party that's split between people in the far extreme and people who want a mor moderate place and you're about to go into the heat of the primaries that is going to draw the candidates to the right, to the right, to the right, where will that be in terms of consistency when they try to come out and appeal to middle america? >> what do you think about that? >> i think she'll be the first one that primaries are for primary electorates and people can move to the one side to the other. four years ago today we were sitting around and talking about the inevitability of a hillary clinton nominee. i think we have plenty of time to sort this out internally. >> lot of people saying the same thing about howard dean heading into december as well. we all remember that. thanks for joining us this morning. we appreciate it. >> thanks for having us. >> coming occupy -- up on the show, this christmas classic under fire. can watching rudolph make your kid a bully? one says yes. that's next. a web site that lists green jobs, only problem is it doesn't show any jobs. so what is your money doing? and $250,000 to make a web site? really? i know the name of eight princesses. i'm an expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way. who matters most to you says the most about you. massmutual is owned by our policyholders so they matter most to us. massmutual. we'll help you get there. >> christmas just wouldn't be the same, of course, without the story of rudolph the reindeer with the glowing nose who ends up saving kchristmas for all of us! but life wasn't easy for rudolph at first. >> stop calling me names! >> rudolph the red nosed reindeer. >> donner, you should be ashamed of yourself! what a pity. he had a nice takeoff, too. from now on, gang, we won't let rudolph join in any reindeer games, right? >> right. right. >> so is santa claus acting like a bully in that scene? does this send our kids the wrong message in 2011 and almost 2012. we're joined by the author of the new book "no more bullies at the north pole" and professor of special education. joining from us nashville, standup comedian brad stein. we'll see where they fall on this one. let me start with you. i know you've written a counter book, a story counter to the rudolph that we all know. why? >> well, santa has 10 policies that are very unfair. and mrs. claus sets out to correct those policies. and what you just saw where rudolph is being treated very, very badly and that should never happen. >> isn't that the reality of what kids face in life and one of the main tenants that we want to teach our kids as parents is to overcome adversity? >> it's more than just doing that. what they're doing to him is to say that the comet is the coach and comet is saying to the children don't ever play with reindeer again, this reindeer again, with rudolph and he tells him to go home and he bullies him and he mocks him. that should never happen. can you imagine if you're a teacher, if your chil's teacher said to the class don't ever play with this child again just because he has muscular sclerosis. >> i get the analogy and according to you, i missed that it was said 27 times in the movie. brad stein, do you see it the same way? should i be showing my 6 and 8-year-olds rudolph the red nosed reindeer anymore? >> i'm sorry, if anything proves that political correctness is finding a victim where they never were before, it's someone telling kids they can't offend a fictional cartoon character. his nose glowed. i don't care who you are. if you have an appendage that illuminates they'll make fun of you. bullying is real. it shouldn't exist. here's the problem, look how he handled. he didn't sue santa because it was a hostile liberal government. conservatives are victorious. liberals are whiners. conservatives are winners. it's a classic overcoming the obstacle. it's the three r's. it's rocky, rudy and rudolph. he overcame obstacles and succeeded. it's the american dream. leave it alone, professor! leave it alone! >> all right, professor, you just heard from brad stein, leave it alone. your response? >> hopefully it's not the american way. hopefully you never want to do that to a child. and little kids should not have to be taught go in and fight and once you start fighting, they'll stop bullying you. >> what about using it as an example? i know my kids have faced this stuff already as a young age and maybe they can look at rudolph and say i felt that way before and look what he did in the end. >> in the end, and here comes the real hypocrisy. in the very end, they ask rudolph, santa claus realizing that wonderful nose of his for the first time throughout the entire movie, santa claus is saying you can't be on my team unless you have a disability and now at the end, he helps santa claus get through the snow storm. because he's done something extraordinary, he's finally accepted. >> but maybe he changed santa's mind, too, which is parted of the story. i'll give you the last word. >> why should you have to do something extraordinary if you are -- have a disability? >> it's a cartoon. brad, take it. >> i have never -- i have never done anything extraordinary in my life and yet i've been accepted. why should a child with a disability have to do something. >> 10 seconds. >> it's ok. listen, i don't want any kid bullied but the truth is, there's mean people out there. that's the way it works. you must teach them how to defend themselves and be courageous in the midst of adversity. that's the way america works. >> very interesting debate. thank you to the both of you. have a fantastic week. coming up, the president bringing back the surfboards for a 17-day vacation. is it too long or a good idea? ♪ [ male announcer ] how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa, and the aerospace industry in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. with investment information, risks, fees and expenses ♪ when your chain of supply goes from here to shanghai, that's logistics. ♪ ♪ chips from here, boards from there track it all through the air, that's logistics. ♪ ♪ clearing customs like that hurry up no time flat that's logistics. ♪ ♪ all new technology ups brings to me, that's logistics. ♪ by the hand-selected wood trim... the 38 1/2 inches of legroom... and the reclinable, heated napa leather seats inside the jeep grand cherokee, just wait until we tell you about the heated and ventilated front seats. ♪ ♪ >> good morning, everyone. today is monday, hope you had a great weekend. it's december 5th. i'm gretchen carlson. thanks for sharing your time. let's talk about herman cain out of the race for president but his support and his dough won't go to waste. who is in line to land cain's blessing this morning? we got a good idea. we do? all right. >> that guy on tv. >> that other guy. >> hundreds of thousands of taxpayer dollars went to a web site that lists green jobs only. but there's a problem. it doesn't show any jobs. so what is your money doing? why does it cost 250 grand to make a web site? >> why do i feel like man of le mancha when i look at those? unemployment is still down. the economy is in shambles and there's a ton of legislation to get done before the christmas recess. sounds like the perfect time for a 17 day vacation. at least that's what our president thinks. what do you think about him taking off for 17 days when all this stuff is going on? "fox & friends" hour two for a monday starts now. >> it's time for "fox & friends." >> i don't think i've ever had a 17-day vacation. have you guys? >> that's long! >> no, maybe laid up with back surgery. >> maybe if you call summer break from junior high. >> now that i think of it, elementary school, yes, when i was at the pool, summer vacation as a kid. >> really? but see, this isn't a kid with a summer vacation at the pool. we're talking about the president of the united states. 17 days off right now. is that a good idea? we'll talk about that and so much more. that woman in purple will join us live. are you ready? ok. >> let's get right to your headlines. a former spy plane believed to be in the hands of the enemy. u.s. officials are shooting down that claim saying it's probably the drone that veered off course and crashed last week because much mechanical problems. one piece of good news for us, the intelligence data is encrypted so it's unlikely that iran can get its hands on any top secret information. herman cain going from 9-9-9 to newt, newt, newt? i like that writing, whoever did that. sources tell fox news in atlanta that cain is endorsing g.o.p. frontrunner newt gingrich for president and it's going to happen today. he stepped out of the presidential race over the weekend following allegations of an affair and sexual harassment claim. gingrich is in new york today meeting with donald trp. talk about this incredible picture snapped during an explosion in alaska. it happened at a gas station in fairbanks. three people hospitalized with burns and back injuries. no word of what caused the blast. crews think it happened near the checkout counter inside. amazingly, firefighters were able to keep the flames away from propane and gasoline tanks. star studded night in washington, the kennedy center paying tribute to five of america's most accomplished performers. >> ♪ sweet caroline never felt so good ♪ >> ♪ so good >> that's smokey robinson singing "sweet caroline" in honor of recipient neil diamond. this year's inductees including meryl streep, barbara cook, yoyo ma and sonny rollin. >> at first glance the men and women on this stage could not be more different and yet they belong here together because each of tonight's honorees has felt the need to express themselves and share that expression with the world. >> james taylor ended the special night with his own version of the beatles song "here comes the sun." good way to end with an upbeat sort of a song. right? >> from "here comes the sun" to here comes one of the stars of "the five" dana perino joins us live. good morning to you. >> i was trying to think of something funny to say. >> that's ok. it's early. on friday morning at 8:30, we get the unemployment number. it went from 9% to 8.6%. it sound like that's great. when you start digging around, you realize wait a minute that number is here because so many people have thrown up their hands and said i can't find a job. >> it's better than the alternative. it could have gone up and it still could go up if you read a lot of experts' opinions about looking at trends long term and especially some of the factors in europe coming forward so if you're at the white house, you probably thought that's a great number but it is -- it was a decidedly mixed bag. >> governor huckabee on our show this weekend said look, any executor will hang their hat on a number like this regardless of party. when that number comes out and shows a downturn, you'll hang your head on that. david axelrod seemed to echo those sentiments. take a listen. >> we've never hung our hat on one number. we continue on have big challenges but let's recognize that we've created 2.9 million private sector jobs in the last 21 months. the first month we took office, we -- the country was losing 750,000 jobs in one month. >> so no hanging their hat on that one particular number but a trend? >> i actually think they did hang their hat on one particular number and that was that if the stimulus bill passes, nearly trillion dollar stimulus bill passed that unemployment would go below 8%. that did not happen and they can argue and in some cases they make a convincing case, that the stimulus bill helped save us from something worse. but most people believed that if we passed the trillion dollar stimulus and we added that money to the deficit, we added that government spending for things like the -- our next topic like green jobs that we would get unemployment below 8%. that did not happen. 1.8 million people -- less people employed today than when they took office. they were dealt a difficult hand but their policies haven't panned out and now they're in this difficult position about trying to convince america that president obama should be re-elected because things were worse than he thought they were and they didn't have as many shovel ready jobs as they want. if you stick with us, we'll have more going forward. that's a hard argument. >> is that why they didn't come out and do a big celebration because of that. that's what came to mind is that number they promised with the stimulus. >> that and when you look at the numbers and at first glance from 9% to 8.6%, you're like walk away. that's great. the problem is 310,000 people were so discouraged, they gave up looking. they're not counted anymore. so 310,000 and somebody, that i know, a democrat that i work with at 5:00 every day, said that's ok because they went on social security prematurely. i'm like that's exacerbating the problem. we have too few people working too few years and not reforming our entitlement system to be able to take care of them going forward in the future. >> of the 120,000 jobs that were created, only 2,000 was in manufacturing. that does not bode well for the future but, you know, this administration has hung its hat on green jobs and apparently, we financed a $230,000 green jobs web site but the irony is there are no jobs on the green jobs web site. >> right. and this is not something that the administration advertised, it's something that michael bromfield found and he posted on there there's a web site. if you think you want to work in the green economy, you can go on but the thing is there's no jobs that you can actually apply for. it's skills in general that you think that you need. i think the green jobs myth if we live long enough to look back at this historical period will be one of the most ridiculous periods of our economic history. >> isn't it reflective, too, about the amount of waste out of washington? i'm a tech freak so it costs like $2,000 to make a web site. $2,000, who is spending that much on a web site? when there aren't any jobs on it? >> for the obama administration, it likes to bash big banks and oil companies and traditional types of natural gas companies, things like that. what's actually helping keep the economy afloat is the amazing technological advances that are happening in our own energy company. and it's not just traditional oil and gas that they're finding but they're the ones that are the biggest promoters and investors, they plow their profits into things like germ owe thermal energy. >> let's talk about the vacation getting attention right now. president obama has announced he'll take a 17-day vacation over christmas and go to hawaii. now, i know, if you consider going to hawaii from the east coast, you want to go longer than six or seven days. it's a long trip. some people are saying 17 is a little too long based on the fact that we have a terrible economy and a lot of problems to fix. >> what i love is they announce them on friday night. in the morning, they were like we got the jobs numbers. our work is done here. we are going for a little vacation. i thought it was a joke. i thought it was maybe even a typo that 17 days because if you think back to martha's vineyard vacation, it's not like they were going some place for a few days where you'll be with a 99%. this is a photograph from last year's trip when they were getting off air force one. >> your boss was hammered for his long summer vacation. >> he never had a surfboard. >> but he was down the ranch and clearing brush, right? the whered is that the president is never on vacation. the president is down in crawford and he has the mobile command center with him. when the president is in hawaii, he has the mobile command center. >> often when president bush was at the ranch in crawford, they called it ranch diplomacy, most world leaders if they wanted to come to washington, everybody gets to go to the white house but very few people got to go to craw so usually in august, there would be some sort of foreign leader visit or something like that. and i know a president always works. they set up the command center and it's like the national security room. for me, it is perception. martha's vineyard, hawaii. if you're going to places like that and for 17 days, you are asking for trouble. >> and the perception is on the heels of the president's comments about working through the holiday to get this payroll tax cut through. here is the president last friday talking about keeping congress here in washington during christmas. take a listen. >> we need to get this done and i expect that it's going to get done before congress leaves. otherwise congress may not be leaving. we can all spend christmas here together. >> he said we. >> he's not going to spend christmas there. >> doesn't he get a pass because he has developed his strategy for re-election to blame congress? so really he'll go on vacation and they need to stay there because they're the ones that are the problem. >> he needs a do nothing congress and think about two weeks ago in the super committee when he needed the super committee deal to get the debt ceiling passed in august and then it was hands off. this is congress' thing. they'll have to deal with it. it wasn't until the very last day when it looked like it was going to crater when he said you ought to do something. it's not good enough. i think people aren't listening anymore. >> with him on vacation, it adds to that narrative now that he's just a bystander which really bugged him over the weekend. >> the difference like when you're in crawford, you have the pictures behind you of all the reporters. this is going to be the beach. >> in shorts. >> or hula girl. dana perino, we'll be watching you tonight on "the five." at 5:00 with five people. >> very convenient. >> thanks, dana. coming up on the show, it's not a thing of beauty. still ahead, why miss u.s.a. was arrested. >> and should criminals be allowed to sentence themselves? 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[ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. talk to your doctor, and take care of what you have to take care of. >> congress finally holding hearings on insider trading. among congressmen on the hill after an investigation by our next guest discovered several lawmakers use private financial information they got while in office for, perhaps, personal profit. at least that's what some have suggested. three of the lawmakers cited in the investigation actually sit on the committee conducting the hearing. what's that about? let's talk to the author of the "new york times" bestseller "throw them all out." he joins us live. good morning to you. >> good morning. >> ok, so this -- we were talking with you a couple of weeks ago about the "60 minutes" sorry that was based on your research that a bunch of people on capitol hill because they are congressmen and women, they are exempt from the insider trading laws. >> that's exactly right. they get market moving information all the time if they're on the oversight committee that looks at the food and drug administration or they've volved in the health care debate, they know what's going to happen and they're free to trade on it. it's legal and ethical. >> after that story and after that book, it really hit the fan down in washington and, you know, people were going you can't do that. next thing you know there's going to be hearings. let's examine who is going to be conducting the hearings. we've got a graphic of lawmakers on the committees carrying out the hearings. all right, you've got some people right there. boehner, hastert, greg, bachus, capito, pelosi, kerry and moran. that's a different graphic than what we were going to put up. now let's put the graphic up, lawsuit makers sitting on committees carrying out the hearings. what's interesting about it. you have claire mccaskill. tell us about claire. >> in claire mccaskill's case, she sits on the committee reviewing this, she made a very well timed trade involving berkshire-hathaway stock, she got out before the market dropped and she bought berkshire right before the equity buy into goldman-sachs. she did very well. it's very well timed. >> also, a delaware democrat is on the committee. >> interestingly, he was the point man of the obama white house on health care reform while he was doing that and pushing the build through legislature, he was trading health care stock at the same time. nice arrangement. >> spencer bachus is a republican from alabama. >> he's the chairman of the house financial services committee. they have hearings tomorrow. he actually is a very active options trader. so he was shorting the market during the financial crisis after meetings with the treasury secretary and the fed chairman. did so more than 40 times during the financial crisis and did very, very well. he's chairing the hearings. >> this is crazy! rather, democrat gary ackerman of new york. >> he got offerings of public stock but he didn't pay for them. the company loaned him the money to buy him the stock that he made $100,000 on. the ethics committee is looking at it and said at this point, he maybe should have reported that. other than that, it's ok. >> you have suggested this is like a defendant being a jurat their own trial. >> that's really what it is if you think about it. it's pretty remarkable. they're deciding if something they've been doing for a while should be outlawed. there's something called the stock act that would make it clear it's against federal law to use congressional inside information for stock trading. they're the ones that are supposed to be deciding that on the committee. it's only washington could something like that happen. >> only in washington. the book is called "throw them all out." thank you very much. >> thanks, steve. >> that's crazy. all right, coming up, it's the nfl franchise that rakes in a fortune but can't seem to pay its taxes. we'll tell you that. plus next up on the rundown, what does karl rove think about a possible late entry by donald trump? come on, karl, walk faster. you're next after a break. 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[ male announcer ] re people are leaving bmw, mercedes, and lexus for audi than ever before. take advantage of exceptional values during the season of audi event. >> and welcome back to "fox & friends." time for your news by the numbers this morning. first, $15,000. the philadelphia eagles owe that much to the city of new york in back business taxes. the city's finance department says it's not just the eagles, the owner of zuccotti park owns the city $140,000. next $16.9 million. the vampire flick "breaking dawn" sucked up that much at the box office this weekend. it took the top spot for the third week in a row. got my $40. and finally -- >> 40? >> i went to see it five times. finally $4 million. this massive pile-up in japan could be the most expensive in history. eight ferraris, three mercedes and a lamborghini were involved. they were reportedly going too fast. that's shocking. >> herman cain is out of the race and expected to endorse newt gingrich later today. will that really help newt? >> mr. karl rove joins us live to talk about that and so much more. what do you think? >> those were awful expensive cars to be -- >> saw a tear run down your face. >> it sounds like -- it sounds like newt gingrich is probably going to wind up with the endorsement of herman cain. >> out of the car crash and the mccain campaign emerges but newt gingrich, nice segue, there you go. >> is it a good endorsement? will it help? >> it will be help. most of the good has already happened. as cain collapsed, those voters went to beginning rich -- gingrich fueling his rise in the polls. they take all forms of media, tv, radio, blog, everything and aggregate all the kind of content with the candidates and the tone about it and the interesting thing is the last three or four weeks has been dominated, the republican discussion has been dominated by attention to cain. over half the dialogue last week was about cain. romney and gingrich combined were 35% so ironically enough, gingrich has been advantage as he's risen, as cain has declined gingrich has risen and yet the attention has been on cain and not on the new frontrunner, gingrich and what we've seen in the past is if you become the frontrunner you get a lot more attention so ironically he would be better off if cain stayed in. he already gotten most of the people. virtually all the people he was going to get. now he's going to get the attention. >> let's talk about iowa. i think it's interesting. herman cain, we saw that des moines register poll came out over the weekend. those numbers included herman cain in it before he sat out. that's 8%, right? >> but you'll also notice the register said look, over the course of our polling, he went from a high number on the first day to a very low number and it averages out at 8% so he was already in decline. >> but those numbers, that 8% down to whatever it is. those 3% look like they're shifting now to newt gingrich in iowa. iowa is the game right now. where does herman cain's supporters go? >> well, so far, they've gone to gingrich. there's no reason to believe that whoever is left in that camp isn't going to go to gingrich. some of them will stay with cain. he suspended that campaign. here's the battle. we went to the high-tech graphics department today. here's the battle in iowa. newt and mitt. newt is thought to be the best debater by a commanded 50-14. according to "the des moines register" poll that came out yesterday. most electable 32-28. do you want the guy who is really good in those debates? you want the guy that can return the white house? now, his -- newt's margin on best debater is better on romney's on -- other thing is romney has an organization there and now we learned -- we'll find out a little bit in iowa whether organization really matters. newt does not have an organization. >> 29 days and counting. speaking of debates, i want to get your thoughts. we had donald trump on earlier today in our 6:15 quarter segment and he, of course, is hosting this debate on december 27th. two of the candidates have said they're not going to take part. ron paul and john huntsman. if you were advising a candidate, would you advise him to take part in his debate? >> they're all going to get stuck going to his debate. it's really odd. here's a guy that's saying i'm going to endorse so one of you so that sort of gives him some leverage but should a guy that's going to endorse be the moderator of the debate? what are the candidates doing showing up at a debate saying i may run as an independent. i think the republican national chairman ought to step in and say we strongly discourage every candidate from peering -- appearing in the debate that is moderated by someone who might run for president. people are going to be digesting their turkey and playing with their presents, it's on a cable network that's not well viewed and it's going to be a giant ego trip and anybody who thinks that donald trump is going to be the equivalent of bret baier or anyone of the other moderators we've had is kidding himself. i loved it. he said on your program earlier today he had revealed his financial statement in his book. i noticed that he didn't fill out when he was thinking about running for president a document that every other presidential candidate filled out called the form 278 which it requires you to list all your assets and all your liabilities and if -- let's see if he's willing to fill out the 278 and sign it. >> here is donald trump earlier talking about running for president right here on this big show. >> it's going to be one heck of a season. it's going to be a long season, i predict. but i'll be endorsing somebody and i hope that person wins and if that person doesn't win, then i guess i'm a free agent because as you know, the show ends at a certain period of time which is in may. and i'm a free agent and can do anything i want. >> does that help the republican party? >> doesn't help the country! if you're going to be a candidate, be a candidate. don't make it contingent on whether or not your show is not renewed or not. how trivial is that? how does it trivialize the most important decision that we americans have which is who we're going to elect as our president. >> i don't think it's predicated on whether or not his show will be renewed by nbc. it's whether or not he feels the country is in peril and he's going to jump in and kick that show to the curb. >> well, that didn't sound like it to me. it sound if my show isn't renewed, i'm a free agent. maybe you ought to be a little more serious. >> you think this is a terrible idea. >> you know, look, yeah, i have to take off my hat. he is a -- talk about a marketier. here is a guy who has leveraged himself in the middle of this whole drama even though he's saying things that would disqualify the normal person. if steve doocy said i'm going to moderate this debate because i'm going to endorse one of you and i may run for president anyway. i mean, people would be laughing about it. but this guy can pull it off. >> interesting to see. newt gingrich says he'll show up on the 27th. interesting to see what romney says and the others. always good to see you in person. >> great seeing you. >> incidentally, incidentally, any chance at all that you could get me dana perino's autograph? >> i don't know. >> any chance? >> it's $3. >> all right. during a commercial. >> if we ever see her again, we're not sure. >> there we go! >> stick around until 5:00 and you can get it. >> i may just to get that. >> all right. straht ahead on our monday telecast, not happy about the new light bulb? that's going to make you throw out all the current bulbs and go green? now there's a way around it. we'll explain that straight ahead. then the millionaires who just won the lottery, they've decided who is getting the money? wait until you hear where it's going. >> he's america's santa and he's on operating christmas filling up his sleigh with gifts for wounded warriors around the globe. find out how you can help when he joins us next! fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink >> take a look at your shot of the morning. emotional homecoming for more than 150 of our army soldiers right before christmastime. they returned after spending nine months in iraq. >> my son, his christmas wish, he asked santa claus to bring daddy home and he got his christmas wish! >> i love my dad. >> i just missed him so much. i'm so glad he's home! >> there he is! >> they are all members of the 59th military police company. merry christmas. >> that's great. >> now that you're home. >> wonderful. all right, we have told you over the last number of months about how january 1st, the federal government was going to stop the regular incandescent light bulbs from being sold. i believe there's been a one year extension because so many of you have been outraged. nonetheless, it's supposed to take effect in a year. there's a guy from south hackensack, new jersey, whose fami has a connection to the guy who invented the light bulb. he's found a loophole in the law so come up with an incandescent light bulb that he could use going forward. >> his name is larry bierenbaum. i'm going to decide to create my own new version of the incandescent light bulb. >> called new can desent. >> not the old candescent. >> apparently his grandfather was a master electrician, he spent time with thomas edison himself so he might know a few things about electricity, light bulbs, etc. the new candescent is different, it slips through the loophole of incandescent bulbs that could survive. >> it's like a light bulb in a subway station. it's a little tougher than being in your refrigerator or something like that. he's figured a way, he loves the glow that the incandescent light bulb gives out rather than those light bulbs made in china and have murky in them as well. >> cheap and long lasting may be the answer they're looking for in this debate. >> way to go. >> rest of the headlines. president obama apologizing for the nato air strike that left 24 pakistani soldiers dead. he called the president and let him know the u.s. will conduct a full investigation. president obama's apology comes after u.s. personnel began leaving the air force base this weekend. pakistan ordered them off the base following the deadly attack. >> u.s. postal service announcing more bad news with major cuts today. it's slowing service for the first time in four years and eliminating next day delivery on stamped letters. postal service has racked up more than $5 billion in debt this year alone and has to pay $5 1/2 billion to its health care retirement fund by december 18th. >> remember those 3 wall street millionaires who hit a $254 million lottery jackpot last week. they're not keeping all that money. they're donating $1 million of their winnings to five veteran services groups. their total jackpot $103 million after taxes. >> former miss u.s.a. 2010 arrested for drunk driving. she was supposed to be the designated driver but a girlfriend was apparently too drunk to drive. and according to cops, so was she. she blew a .2 on the breathalyzer, more than double the limit. >> you're used to seeing brian's best football game. since brian is not here today, these are my best. let's start. broncos-vikings tim tebow and the broncos staging a great fourth quarter comeback. this touchdown you're about to see brought denver within two points. and then on the two point conversion, tebow does it again. he scores himself to tie the game. then the game goes into overtime. after a minnesota interception, denver lined up for a game-winning field goal. here it is. it's good. denver wins a thriller, 35-32. sunday's late game was a matchup between two great offensive teams, the saints hosting the lions. it was the saints offense that fared better in this contest. drew brees throwing a deep touchdown pass. the defender is at least 10 feet off of him. look at that. hesitation. i don't know. he did quite a nifty move there. it's 17-0 saints. they tack on another touchdown late. this one puts the game away. saints end up beating the lions. green bay packers, this is the huge game of the day, they look to remain undefeated as they pay a visit to the new york giants and a bet that kilmeade and i had with each other. giants give the pack more than they could handle. they need a two point conversion to tie it. watch this. he takes it in himself. tie game at 35 but there's too much time left for green bay. they line up for a field goal. remember, they're good. they're undefeated. packers win 38-35 and remain perfect at 12-0. >> all right. let's check in with steve who is outside. >> thank you very much, clay and gretch. every year since 9/11, america's sanitia has visited our country's wounded warriors in military hospitals around the globe and today, santa, america's santa joins us right now before his departure to tell us about his mission. also he's joined by richard who is the top guy at the spirit of liberty foundation. good morning to both of you. >> good morning. >> merry christmas! >> this is an honor because once again, santa, you're kicking things off here on "fox & friends." >> yes, sir, i am. we're kicking them off here and we're going coast to coast. we're going to visit all of our american heroes and their families. >> so today, you're here in new york at "fox & friends." tomorrow, you're going to be at walter reed. >> walter reed, yes, sir, yes, sir. >> and what is the mission here? >> we give the spirit of christmas and the magic of christmas to our troops and their families. when you're lying in a hospital bed and you've lost your legs, this is a very moving moment and we bring gifts to them and it's an emotional time. >> absolutely. we're looking at some of the images right here. even though a lot of these guys are grown up, they have a soft spot for santa. >> you've seen it first hand. >> that's exactly right. never believe -- never forget to believe in santa. santa is always there. believe in miracles. >> now, santa's sleigh, up at the north pole right now getting ready for the big trip here in a couple of weeks. so instead, i understand beachcraft has given you an airplane. >> no, this year we have a private owner who has loaned us -- yes, beachcraft has done it in past. we have a private jet owner that is providing the plane to cross america. >> it's loaded with all sorts of stuff. santa, what are you taking to the men and women? >> we're taking love and joy, and we're taking anything and everything they feel they need in their hearts. >> we're also taking a lot of gifts from senators, from sports celebrities, and it's, again, a very emotional time. we're happy to do this. believe in santa. >> miracles don't just happen, i'm sure you need support from people who are watching right now, and if you're interested, go to our web site later this morning and we'll be able to link to your web site. >> go to spirit of liberty foundation.com. thank you very much. we know you're going to be busy. merry christmas. >> merry christmas. >> very nice. >> gretch and clay, back to you. >> getting into the spirit already, right? >> already. >> and nice type of outfit right there. >> i like it. >> thanks, steve. >> coming up on the show -- there he is. 12-year-old is accused of killing his 2-year-old brother. is a child really capable of murder? should he be charged as an adult? we'll hear the facts of this case and you can decide that next. >> brainwashing his with lessons in collective bargaining. the man who says he has proof big labor is disguising 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[ laughs ] [ male announcer ] ask your doctor if chantix is right for you. >> 45 minutes after the top of the hour. 12-year-old christian hernandz will be back in a florida courtroom today for a historic hearing. why? he's the youngest person in state history to be charged as an adult with first degree murder accused of killing his 2-year-old brother last spring but is he too young for murder? here for a fair and balanced debate, fox news legal analyst arthur and joey who are also pals behind the scene. good morning, guys. >> i wasn't going to admit to that. all right, if you want to put it on the record. >> sorry. truth is told on the curvy couch. all right. arthur, you're playing the role of defending the boy. is 12 too young to be charged with murder and go away for life? >> yes, of course it is! >> why? >> especially his actions. the 2-year-old died from blunt trauma to the head. punches. not some premeditated columbine like plan where he had knives and guns. look, and here's the most important thing. the independent psychologist said this kid could be fixed. his mom gave birth to him when she was 12. the kid was raised like a wolf. the fact that he's -- but they're still saying he's fine. we can fix him. just allow us to fix him. 12-year-old putting him in jail, lock and a key for life? no good. >> and yet, joey, when i hear him say all he did was punch the 2-year-old to death, i don't know, i'm a parent. makes me sick. >> yeah. listen, i understand the sympathy for the 12-year-old but i think there needs to be a lot more sympathy for this 2-year-old. this 2-year-old was brutalized. let's be straight and clear about this. this 2-year-old suffered blunt trauma, fractured skull and bleeding to the brain. that's very significant and now here's the other issue. issue is whether or not as a 12-year-old, a seventh grader, you understand the implication of your actions. do you know right from wrong? a truth from a lie? fact from fiction? without question, a person of that age does. and here's the other issue -- >> no. >> no. i would -- i would -- i would know the difference and you would know the difference because we were blessed with families who raised us the right way. my mom, i think, was 28 when she gave birth to me. not 12! and this mother had the 12-year-old who she knew had emotional issues, babysitting the 2-year-old all alone. and has joey just indicated, she's being persecuted. >> do you feel safe if this kid goes to juvi and gets out when he's 21, do you feel safe? >> absolutely. nine years working with experts to make sure his mind is on the straight and narrow again. >> here's the point. that i don't disagree with. that's part a plea deal that they're talking about now but the defense attorneys are balking about that. they're saying that listen, you know what, that's too much for him. we want him out in less time. i believe that if you put him in a juvenile facility, you allow him to get out at the age it was 21. you give him psychological treatment and you give him health and you develop him, perhaps that would be safe in all concerned. the point is he acted in a horrific way and he needs to endure the consequences of tse action and you know what? the mother did, too. >> the consequences can't be life, gretchen. life, a 12-year-old who has no upbringing. you're thinking of the way you raised your children and the way we were raised where you learned right from wrong. he was -- >> since you raise your kid well, then they should go to jail for life. >> it's more understandable that that kid is going to jail. should know right from wrong. nobody taught this kid right from wrong ever. >> what he's talking about is mitigation and mitigation are important factors like how you were raised, who raised you, what you did. he was abused sexually. however, what he did was horrific here. he should be punished. the mother should be punished for leaving him alone with that 2-year-old. >> horrible situation all the way around. let us know who you agree with. and their frenldz. -- friends. joey or arthur. >> they're handshaking even. their own private kind of a handshake. they are friends! is big labor making a big push into america's classrooms, kids being taught lessons about how to negotiate a contract and writing letters to schools about budget cuts. it's happening around the couny. we'll take a look at the trouble with schools next. the number one song "out of touch" by hall & oates was the number one song. sing it. 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[ male announcer ]alf a day's worth of fiber. fiber one. >> the answer to that trivia question of the day is little richard. the winner is gary from florida. our next guest talked to some of the teachers' students, take a listen. >> for me, it makes me want -- me when i get my career or job, it makes me want to get in a union, too. i'll be protected, too. >> our next guest says this is just the beginning. joining us is the founder and ceo of education action group foundation and the author of indoctrination, how useful idiots are using our schools to subvert american exceptionalism. nice to see you this morning. what sort of criticism are you hearing about this? >> we're hearing it's not happening. it's hearing i hate teachers and that sort of thing and the reality is this is happening and the point of the book is to show parents that this is happening. >> some of the examples that you show in the book that during over the fight for collective bargaining up in wisconsin, the teachers were bringing the protests into their classrooms. how so? >> what was happening is the teachers were having a sickout so the students were going to the protests but then what the teachers were doing was they were bringing the protests back to the classroom. and so there's a teacher in madison that created a power point presentation where she showed her pictures from madison of the protests and she was actually comparing those to photos from the civil rights fights. and these were -- these were second and third graders that she was showing these to. >> furthermore in the second point you bring up, she showed in the final presentation showing governor scott walker comparing him to a white segregationist and she was showing this to second and third graders. >> exactly and it just shows there's a real agenda that's being pushed and so i encourage parents, look into what's going on in your school and if you don't like what's happening, do something about it. >> third point you bring up in the book, milwaukee teacher had students write letters to school board members to protest the budget cuts so getting the kids to basically do their dirty work for them? >> that's right and again, these were third graders that were writing letters about school budgets and this teacher from milwaukee thought it was her duty, apparently, to teach children about a school budget. i mean, they can hardly handle their piggy bank let alone a school budget. >> what do you say to those who say look, it is important to get kids to understand the value of the workplace and that all workers have a right. there's that criticism of your work. what do you say to those folks? >> absolutely. what's happening is typically the lessons need to be age appropriate. and so talking to kids in third grade about -- about school budgets, i just don't think is appropriate but the other thing that's happening is that we're seeing a real bias. it's not this balance, you know, let's look at how can we spend dollars for efficiently? it's just we need more dollars and if you don't give them to us, we'll go out and protest. >> one of the other examples in the book in california, high school students are learning how to negotiate a teacher's contract. what's wrong with that? >> what happened is we actually found this video from the california department of education. and it was in los angeles, they spend an entire week on teaching students how to negotiate a collective bargaining agreement. and so what -- their point was that they're saying, you know, these are very useful skills. this is something you need to know for your career. and when i looked into it for the book, i found that 18% of the work force is actually unionized so this in effect does not apply to 80% but that's not the point. >> the idea and point isrom others on the left get them started early, get them started young appreciating unions. kyle, great to see you this morning. interesting read. >> thanks very much. >> coming up on the show, he's calling his best performance ever. who is governor huckabee talking about? he's here to analyze his own forum from this saturday night. then from banning santa in classrooms to calling a christmas tree a holiday tree, what's happening to christmas? actor daniel baldwin here to put a capital c on christmas. he'll be here. r ] imagine facing the day with less chronic low back pain. imagine living your life with less chronic osteoarthritis pain. imagine you, with less pain. cymbalta can help. cymbalta is a non-narcotic treatment that's fda-approved to manage chronic musculoskeletal pain. one pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing of the skin or eyes. talk with your doctor about your medicines, including those for migraine, or if you have high fever, confusion and stiff muscles, to address a possible life-threatening condition. tell your doctor about alcohol use, liver disease, and before you reduce or stop taking cymbalta. dizziness or fainting may occur upon standing. side effects include nausea, dry mouth, and constipation. [ male announcer ] ask your doctor about cymbalta. imagine you, with less pain. cymbalta can help. go to cymbalta.com to learn about a free trial offer. forty years ago, he wasn't worried about retirement. he'd yet to hear of mutual funds, iras, or annuities. back then, he had something more important to do. he wasn't focused on his future but fortunately, somebody else was. at usaa we provide retirement solutions for our military, veterans and their families. from investments... to life insurance... to health care options. learn more with our free usaa retirement guide. call 877-242-usaa. >> gretchen: good morning, everyone. it's monday. december 5. i hope you had a fantastic weekend. i'm gretchen carlson. donald trump ready to make his endorsement for president. could it be he'll endorse the donald? is he really thinking about jumping into the race again? the donald sets the record straight coming up. >> steve: it just keeps getting better and better, except tore this guy, herman cain out of the race. so who will get herman cain's support? this morning we have a pretty good idea where the cain train is heading. governor mike huckabee here with some reaction very shortly. >> clayton: and unemployment still down, the economy still in shambling. sounds like a good time for a nice hawaiian vacation. want to go? at least the president thinks so. what do you think so? we'll get to the bottom of it. "fox & friends" hour three starts right now. >> you're watching "fox & friends." that's the great way to begin your day. >> steve: hey, what happened this weekend on the "fox & friends" show, because we came in this morning and we got bad news. folks usually there is a coffee religion right behind the curvy couch. it's busted on this side. what happened? >> clayton: we had the wwe come in on the weekend, you must not be watching. we had one guy slam over body slam. broke off the back. >> gretchen: that must have been when i left for church yesterday. i came in right at thend of the show. >> steve: we're going to lose the security deposit on the curchy couch. >> clayton: that's why you got to watch all four hours. >> gretchen: clayton is filling in for brian. high-tech spy plane believed to be in the hands of the enemy. iran says it shot down an unmanned american spy plane, saying it's probably the drone that veered off course and crashed last week because of mechanical problems. the one piece of good news is that the intelligence data stored in the drone is encrypted, so unlikely they can get its hands on any of our top secrets. president obama apologizing now for the nato air strike that left 24 pakinstani soldiers dead and called the president there and let him know the u.s. will conduct a full investigation. his apology comes after u.s. personnel began leaving the air base over the weekend. pakistan ordered our military off the base following the deadly attack. take a look at this incredible photo. flames engulfing a gas station convenience store. this is fairbanks, alaska. three people hospitalized with burns and back injuries. no word on what caused the blast. crews think an explosion near a checkout counter may have sparked that fire. frightening moment at a christmas concert all caught on camera. watch this. a middle school fire performing at a mall in north dakota, the risers collapsed, sending 50 feet to the ground, no one seriously hurt. the kids are performing again today. guess what? they have a brand-new set of risers. i know there will be some kids who say, i don't want to go on that top level. maybe they should just stand on the floor. >> steve: i bet that will be the safest set of risers in america today. let's bring in the governor, mike huckabee. you're in florida, right? >> i am. it's beautiful here. always is. but especially today, steve. good to be with you. >> steve: great to have you. we're going to talk a little bit about your candidates forum you hosted over the weekend. big news works days after marks donald trump will be hosting the news max debate and already newt gingrich has accepted. we had karl rove in the last hour. he said it seems inappropriate to him that donald trump should host a presidential debate given the fact he might actually run for president as an independent down the road. >> well, i think what he's saying is you tonight go and sit through a debate, moderate it of someone who says i may run against. and that makes perfect sense. and i'm not sure why so much conversation about the trump debate has so far enlisted one candidate, on another network. not sure it's even going o happen. we had all six of candidates of major proportion in our building the other night in probably what the "new york times" and l.a. times all call the most serious stancetivetive debate or forum to date with the candidates because the questions were posed by attorneys general and it was a very significant event. >> clayton: i know you thought governor rick perry did pretty well. this may have been his best debate performance in recent memory. ken cuccinelli was surprised by some of rick perry's answers, especially being able to overturn health care. what was your take? >> in style, rick perry had his best night without a doubt because the format was far more con tuesdaysive to him, it was not a free for all, each candidate had their own time, equal time. philosophies opportunity to talk to the other candidates. he was at his best this this interview style. he certainly to walk back one of the positions on how far he could go with executive orders alone and that was one of the points at which attorney general cuccinelli really pressed him hard. but overall, given the performances that he's had, i think without a doubt it was his best evening out there to date. >> gretchen: if you can, governor, because you were sitting there, even though you weren't posing the questions, you could really take it all in just like the viewer could. i'm interested, if i just say the candidates name, if you could give me maybe a one sentence summation of how you thought they did. congresswoman michelle bachmann. >> she handled herself well, although i think that the problem she had was asking for a federal union law that would trump state law. >> gretchen: okay. rick santorum. >> rick santorum provided one of the most brilliant and i think formidable answers on regard of why family life and family structure is important to the federal government and to the federal budget that i've ever heard. >> gretchen: newt gingrich. >> newt gingrich was always, as he is, brilliant in his ability to articulate, in this case, the idea of the community boards and linking them to juries so that the viewer could say, yeah, i understand that. that makes sense to me. i thought that was brilliant response to a very tough question. >> gretchen: ron paul. >> well, ron paul took a position that -- when the attorneys general pressed him on would he get rid of social security, medicare and medicaid, all of us sat back when essentially said yes, that that would be his goal, to get rid of them all. i just cannot imagine that that would be a very popular platform going into a general election. >> gretchen: mitt romney. >> mitt romney has performed flawlessly in all of the forums and debates and i thought he did so the other night. maybe one of the most important answers that he gave was absolute clarity on the issue of hydraulic tracking, which is a process to get natural gas and oil out of the ground. at times it's a controversial proposal. he never flinched or waiverred and he made it clear he supports using all of america's energy resources and i thought that was great moment for him. >> clayton: you think governor huntsman regrets not being there? >> he should. i cannot imagine why he missed this because here is a guy stuck off in the wings of the stage at every one of the debates, given little time, and he complained it didn't have enough stance. there was nothing but substance saturday night. there was no raise your hand, what to you think about evolution? these were sub tantive questions posed by people who were elected republicans who asked very significant, deep, thoughtful about the constitution, federalism. i don't know what he had going, but i think he basically ruined his best chance to articulate who he is and i don't see a good future for his campaign. >> steve: it was a terrific format with each candidate right there with the spotlight on them and they got to talk for ten minutes each. somebody who didn't make it because he dropped out earlier on saturday, herman cain. the news this morning, sir, is apparently later today, there is a story out of the fox affiliate down in atlanta, herman cain is probably going to endorse newt gingrich. how much is that going to help him and in particular, in iowa? >> well, every endorsement is important just because it brings attention. very few people ever vote for someone because another candidate said they should. although this is good news for newt gingrich. and i think it's logical. they're both atlanta-based candidates and so it would be very, very difficult, i think it would be heart for cain to explain why he would support someone who was not newt gingrich. they've participated in the lincoln-douglas debate in houston. they're friends. this makes perfect sense. and i'm confident newt gingrich very much welcomes the endorsement by herman cain today. >> gretchen: all right. so what should herman cain do with all that campaign cash? remember, governor, he didn't raise that much from the time he announced until october 1. but up until the sexual harass ment accusations came out, he did raise a lot of money. >> that's something he has to consider. at least proportionately back to the contributors because they gave to a presidential campaign. he should give the donors the option of saying, i can give you back 50%, the rest we're going -- he'll have a lot of expenses just to close out a campaign. you don't just walk away and shut it down. but after that, i think that's an option. if they say no, keep it. then he can turn it into a think tank or advocacy organization, but i believe the honorable thing is always to say, look, i quit. so here is an option for you to have at least part of the money back that you gave. so maybe you can give it to another candidate. >> steve: all right. governor mike huckabee joining us from florida, are you the only guy in a sport coat on the beach? don't you have, i don't know -- >> yeah. >> steve: speedo. >> let me assure you, as soon as this interview is over, this sport coat gets lost. i can tell you that right now. >> gretchen: let's leave it at that. governor huckabee, always great to see you. if i don't see you before marks merry christmas. >> steve: next time a tank top. >> murray christmas to you. >> clayton: coming up on the show, he signed newt gingrich's contract with america back in the 1990s, so why is former maryland governor now helping mitt romney's campaign? he's here next. >> steve: and all the other reindeer used to laugh and call him names. one psychologist says we should stop showing kids rudolph, the movie. is it really turning children into bullies? your e-mail on the topic pouring in. we'll share them shortly. i was taking a multivitamin... but my needs changed... i wanted support for my heart... and now i get it from centrum specialist heart. new centrum specialist vision... helps keep my eyes healthy. centrum specialist energy... helps me keep up with them. centrum specialist prenatal... supports my child's growth and development. new centrum specialt is a complete multivitamin that gives me all the benefits of centrum. plus additional support... 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[ male announcer ] new centrum specialist helps make nutrition possible. okay... uhh. the bad news, it's probably totaled. the good news is, you don't have to pay your deducble. with vanishing deductible from nationwide insurance, you got $100 off for every year of safe driving, so now your deductible is zero. the other good news ? i held on to your coffee. wow. ♪ nationwide is on your side ( laughing ) it's actually a pretty good day whenou consider. that's great. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm. great grains. the whole whole grain cereal. >> gretchen: our next guest signed newt gingrich's contract with america in 1994 when he was a congressman. he tells me with two caveats. now he's supporting mitt romney's run for the white house. joining me is chair of mitt romney's maryland campaign and author, former maryland governor and former congressman. >> as promised, i brought you your own coffee. >> gretchen: thank you very much. i'll keep it in my hands. you signed contract of america. you were a newt gingrich supporter. >> well, we all signed it. i was there freshman class. he was a great leader for the time. i loved him. you're not going to hear me say anything bad about newt. the big brain thing is accurate. he's a smart guy. the issue is who to best win the presidency, who is going to be the best nominee? obviously managerial issue, you've seen senator cool burn's out there. some of that is in my clarks by the way. the other thing is appeal to moderate, independents, women, newt has had that problem over the years. the general breakdown has not been good over the years. men like him, but women less so. i'm talk being independent, maybe left leaning issues suburban women really at issue in presidential races. the women who decide pennsylvania, michigan, wisconsin, missouri, nevada, new mexico. so in any event, newt has come out of nowhere. he's very bright. he's an intellect. but i do believe mitt on the managial and electability front and terrific candidate, if you sat him down, they're not going -- there are not going to be a lot of differences on the major issues of the day. >> gretchen: mitt romney has been the white house target, though, for a long time. >> tells you something, doesn't it? >> gretchen: it does. and some democratic pundits on this show have said they fear mitt romney most. but i want to you listen to robert gibbs who used to be the spokesperson for the president. listen to him. >> he's a political gymnast of the highest order. he will say virtually anything to get elected to any office. the one thing that is certain in this republican primary, if you don't like where mitt romney is today, just wait until tomorrow. it's a little bit like the weather. >> gretchen: wow. i think they thought out those lines before they had gibbs say them. >> that's the road map. you will see that mantra in the course of the campaign. that will be the democratic attack line. it's begun. but to mitt's advantage and the democrats have begun to attack him so early, it's road map for him as well. he knows what they're going to hit him on of the he'll be prepared. >> gretchen: he know what is other republican also hit him on. >> this is not new stuff. >> gretchen: flip flipping. >> he survived pretty well. he's been first or second in sop of the primary seasons. >> gretchen: so mitt romney did that super view with our own bret baier last week and he didn't like the interview. he thought it was overaggressive and then on "fox & friends" a couple of days later and we had a chance to have him clarify his position on that, as well as whether or not he would now step up the attacks against newt gingrich. here is what he said. >> we're going to be balloting up until the final moment to make sure we're successful and i hope i'm the nominee because i think i can get america back from those that want to change this country and i can get america back to work as well. but i wish newt gingrich the best. he'll run his campaign. i'll run mine and may the best person win. >> gretchen: this is the day after governor christie, who also endorsed mitt h gone and did a semi attack on gingrich. you think it will stay this way? >> mitt is a high road guy. as long as he's where he is in the poll, that's just mitt. that's what i like about him. he's a classy guy. people like him. what you saw there is the reason he's a likely -- i think he'll be the republican nominee. that's the reason, by the way, the obama white house has focused on him, because he has a likeability fact. >> gretchen: look at the vote in iowa. you have gingrich and ron paul second, and then you have mitt romney. what do you make of that? >> he was never going to be number one in iowa. he'd love to be, but as long as he's in the top two or top three, i saw the giuliani thing play out, very similar. i think new hampshire, he'll be competitive, competitive in south carolina. after that in my view, he'll run the table. >> gretchen: very interesting. you heard from the governor, who has a new book out, talking about the country in general and getting back to old traditional values. good to see you. >> great to see you. >> gretchen: from banning santa in classrooms to calling the christmas tree a holiday tree, what's happening to christmas? actor daniel baldwin is putting a capital c on christmas. that's next. unemployment still down and economy still? shambles. so is now the right time for a 17-day vacation? the president will do that over christmas. but what do you think? let us know the other office devices? they don't get me. they're all like, "hey, brother, doesn't it bother you that no one notices you?" and i'm like, "doesn't it bother you you're not reliable?" and they say, "shut up!" and i'm like, "you shut up." in business, it's all about reliability. 'cause these guys aren't just hitting "print." they're hitting "dream." so that's what i do. i print dreams, baby. [whispering] big dreams. ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. somebody didn't book with travelocity, with 24/7 customer support to help move them to theool daddy promised! look at me, i'm swimming! somebody, get her a pony! [ female announcer ] the travelocity guarantee. from the price to the room to the trip you'll never roam alone. >> steve: quick monday morning headlines. new video of julian assange, the wikileaks guy, celebrating a victory in court today. the founder of wikileaks was told he could appeal his extradition to sweden to britain's supreme court over sexual assault allegations. he's considered armed and dangerous after escaping from a new hampshire prison. police believe he is hiding out in the state of maine. he was behind bars for armed robbery. now he's out. >> gretchen: i love that. >> clayton: ginnier bread cookie jumping out. from a texas school district banning santa claus and gifts, to rhode island holiday tree, the war on christmas in full seen. our next guest is putting a capital c in christmas. >> steve: daniel baldwin joins us live here in the curvy couch. good morning to you. >> good morning. >> steve: we've been talking for the last week, you know, over the last couple of years, people have started noticing there seems to be an assault, a war on christmas. they're trying to get rid of christmas, replace it with holiday. for instance, up in new hampshire, governor chaffey says that's not a christmas tree. that is a holiday tree. >> gretchen: rhode island. >> steve: rhode island. >> i think that christmas is getting a ho, ho, hosed. what does it matter? this country was founded on believing in what it is that you participate in and if somebody wants to celebrate hanukkah, let them hell brought hanukkah. if you want to celebrate christmas and have a tree out, who cares? >> gretchen: everyone needs to be politically correct now. right? that's the society we live in. >> yeah. i think certainly if you're hanging something from the christmas tree, an ornament that is offensive to a religion or sect, then that should be sanctioned. but you're just hanging garland. >> steve: but if you're hanging something on a tree a couple weeks before christmas, that's a christmas tree. right? >> but let it be a christmas tree. i think we'll be all right with that. >> clayton: you're in this movie out now dvd called "christmas with a capital c." what's it about? >> my character is a lawyer from los angeles who originally was from a small town in alaska. he comes back some 20 years later and he's supposed to be the happening rich guy who got away and did well. and ted mcguinnly's character is the mayor of this up to and he's my arch rival. he got the girl and i come back and decide i'm going to challenge their right to have a nativity scene on government property. as an attorney, i take it to the federal government and prosecutors and judge in alaska and i'm trying to build my stature up because my plan is to eventually run for mayor against him. it's a bit of a scrooge story because it turns out that i have no money. i left los angeles shamed and i'm living in my parents' home, which has no furniture. and it's ted's daughter's character that sees throughout window of the house when she comes up to bringly cookies that i'm living in shams. >> clayton: you brought a clip with you? >> yes, i did. >> clayton: let's take a look. >> as the mayor, you are bound to follow the letter of the law, my friend. trust me, i'm an expert on this. >> you can not preach your religion. >> i'm still a citizen and as a citizen, i have a first amendment right to express my own beliefs. >> but you do not have the right to spend the taxpayers' money to promulgate them. >> gretchen: all right. it looks fantastic. so you can get that on dvd now. there is a big headline in the paper today. i don't know if you caught it. your brother, alec baldwin, who everyone pretty much knows as a staunch democrat, could he be endorsing mitt romney? if romney is the nominee, of two get behind him and support that person to be president and give him constructive criticism. what's up with alec? >> i believe he's lulling us into a false sense. >> clayton: he's duping you? this didn't come up at thanksgiving dinner? >> no, no. i find it hard to believe that alec is going to back a republican. with that said, i think whoever gets elected, tenning on what side of the aisle they stand on, as american, we need to get behind our president. >> steve: that's interesting, because that's pretty much what your brother's representatives told the "new york post." he said, he's not a romney supporter, but he machine whoever wins the election, the congress has to get behind that person and we need to end the obstructionist partisanship in washington, d.c. >> whether we commit to things that we all believe in, it's similar to the war. these are our kids, men and women that are fighting this war. whatever your opinion about the war is, put it aside. we're there. let's support our kids and get them home safely. >> steve: real pleasure. the movie is called "christmas with a capital c." >> gretchen: you look nice and fit. >> i lost 50 pounds. >> gretchen: congratulations. he went from living on the streets to making six figures. occupy wall street protesters working a job on wall street? the man who hired her coming up next. >> steve: and a professor says santa claus is a bully, picking on poor roux -- rudolph, and it sends a poor message. really? we're going to report. ousted. >> gretchen: here is injure shot of the morning. on friday we watched rick reichmuth repel down a building with yankees general manager. they were practicing for the heights and lights show last night in stanford, connecticut. so here is rick last night. you're not going o recognize him 'cause look, he's dressed up as an elf. >> steve: and it's dark. >> gretchen: he successfully scaled the 22 story landmark building in front of thousands of people and he did it -- there he is! nice tights, rick. nice rappeling form. >> clayton: nice he got that gig because he actually owned those tights 'cause he has them at home. >> gretchen: really? >> clayton: yeah. >> gretchen: look, he's fighting it out with the grinch. >> steve: just like we saw on our program. as scary as it is during our program with the sun up, it's got to be a multiplier effect to have it in total darkness. that's cool. >> clayton: listen to this, the occupy wall street movement is getting cold out there now. >> steve: it is. >> clayton: and a lot of the people saying, they're going to stick it out because it's getting cold out there and we got a little portable heater set up. but with all the arrests that happened and the people being tied up with their hands, put those plastic things around their wrist, they've been taken away, maybe they've been put in prison overnight as a result of being out there, some of these folks say they may need therapy to deal with all of these issues. >> gretchen: therapy? like posttraumatic occupy therapy? >> clayton: exactly. >> steve: queue the world's smallest violin. meanwhile, take a look at the cover of the new york post today. zoom in right here. here is an occupy wall street woman who has been hired on wall street for 15 days, she was down at zuccotti park and holding that sign, ask me for my resume. somebody who asked her for her resume is wayne kaufman, the chief market analyst for john storms financial and he joins us on the phone right now. good morning to you. >> good morning. >> steve: okay. first of all, you walked by this gal a couple of days. what caused you to ask for the resume? >> just open mindedness, curiousity. i was going down to zuccotti park two or three times a week after the whole thing began. i was very interested in it and i would go down there and gauge some of the scheme find out what they're all about, if they really knew what was going on. this was a saturday afternoon. i had been in the office. i had a meeting with tom, our ceo, and afterward, i went down there and i saw her. it was very crowded that day. i just was curious. i took her resume and i read it, was very impresssive. i contacted hervey i can't e-mail the -- via e-mail the next day and asked her if she would be interested in coming in and she did. >> gretchen: imagine, the erie, because she's down there protesting against exactly who you are, wayne. >> well, it is ironic, because intelligent people, i think, are open minded and just like i was open minded to speaking to the people there and taking her resume, she was equally open minded. she's very, very smart young woman and she understood what my vision for her in my research department was. she thought she would give it a try and i think now that she's been here for three weeks, i think she can see a very nice path for her in the future. >> clayton: initially, though, she was disappointed that you couldn't pay her more. after all, she does have a ph.d. how did she shake that and get over that? either out of work or make less money than she wanted? >> i think that it was less money than she wanted and it was a departure for me because typically i hire financial students out of school, young people who have masters degree in finance, that type of thing. but with her specialty in biomedical science, i thought this would be a very interesting way for us to get a better insight into some of these early stage biotech companyies that financial people just really can't figure out. >> gretchen: it might be a win-win for both of you. i was posing earlier in the show, wayne, that i'd love to see where this goes ten years from now, because i bet this will be a good thing maybe for the both of you, but especially for her. i bet she won't be too upset with that initial salary down the road. >> i think that the trajectory for her career path that i outlined for her, i think that she is really into that. her few weeks here, she's fit right in. politically, she's a little different than i am, but -- and that has made for some interesting office conversation at times. but i really do believe that she's going to have a very successful career on wall street as a biotech analyst. >> steve: her name is tracy poster and now she's working to become a certified financial analyst. so she sounds like she's on the road. wayne, we thank you for joining us on this busy monday morning. >> you're welcome. >> steve: thank you very much. >> gretchen: that is a great story. president obama has announced he will be taking a vacation over the christmas holidays and he's going to go back to hawaii and, of course, he spent part of his childhood there. now he'll spend 17 days there. is that the right amount of time for the president of the united states to go on vacation? >> clayton: or is it too long? we asked dana perino about that, former press secretary for george w. bush. and of course, president bush has dealt with those same sorts of questions. so she thinks it's all about perception and politics, does it come at this right time. take a listen. >> but i love they announce this on a friday night so in the morning, we are got the jobs numbers and they were like, whoa, 9% to 8.6, ourork is done here. we are going for a little vacation. i thought it was a joke. i thought it was maybe a typeo that the president always works. they set up the command room. it's all about perception. hawaii, if you're going to places like that, for 17 days, you are asking for trouble. >> steve: sure. the president himself has said that maybe congress shouldn't take off over the holidays. christmas holidays if they haven't done things like the payroll tax extension and stuff like that. and none the less, the president signed up for 17 days. he hops on board air force one. what do you think about that? is that appropriate? meantime, 22 minutes before the top of the hour. new video of vice president joe biden in greece today. he met with the new prime minister and jokingly offered the financially devastated country a massive bailout at our expense. hilarious. as for his economic message to europe, biden said, quote, hang in there. thanks, joe. >> clayton: the president of oklahoma state university says an army of security guards couldn't have stopped this chaotic scene from happening. 12 people were hurt when fans stormed the field after the school's football team beet rival oklahoma. one sdent has been upgrade to do guarded but stable condition. eight others hospitalized. two have broken ankles as a result. somebody fell 15 feet. students tore down goal posts and weren't cleared off for 45 minutes after the game. >> gretchen: it's a amazing when you see what happened here. check out this car, slamming into a restaurant in san diego, california. the driver accidentally hit the gas pedal and struck a person who was just leaving the restaurant. look at that. incredibly, that person walked away with only minor injuries. two other people were hurt. it's unknown if the driver will be cited. >> steve: meanwhile, all the other reindeer accused to laugh and call him names. remember? >> stop calling me names! >> rudolph the red nosed reindeer. >> donor, you should be ashamed of yourself! what a pity. he had a nice takeoff, too. >> steve: poor rudolph. now one professor thinks we should stop showing children the rudolph movie because it teaches the children how to bully. that professor, george giuliani, joined us earlier on "fox & friends." >> we just saw where rudolph is being treated very, very badly. and that should never happen and tell them to go home and he bullies them and mocks them and the other kids start mocking him. that should never happen. >> steve: he also takes issue with several words used in the movie, like misfit. he has rewritten the classic story in a new book. >> gretchen: your e-mails poured in on that. we have a lot of twitters on that. thanks for that response. the latest polls have newt gingrich up and romney slightly down. and even more than ever before. now that cape is out, everything could soon change. jason wright is up next with his new political derby ranking. >> clayton: the man who used to run medicare and medicaid sounding the alarm, suggesting we may need more health care regulation. peter johnson, jr. is here with his prescription for truth. my doctor told me calcium is best absorbed in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously releases calcium plus d for the efcient absorption my body needs. citracal. you noticed! these clothes are too big, so i'm donating them. how'd you do it? 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[ laughs ] [ male announcer ] ask your doctor if chantix is right for you. >> gretchen: 44 minutes after the top of the hour. a couple headlines. the suspected al-qaeda wannabe will have to wait another month to find out if a grand jury will indict him. and all eyes on madonna come super bowl sunday. she's set to take the stage at lucas oil stadium during the big half time show. the game taking place february 5 in indianapolis. all right. i can think of a couple of her tunes that maybe i wouldn't say this early in the morning. >> clayton: remember the black eyed peas last year? big shakeup over the weekend in the race for the gop presidential nomination. herman cain suspended his campaign and is now expected to endorse newt gingrich later today. so what does all this mean for the horse race? here with his power ranking, the editor, political derby.com, jason wright. nice to see think morning. welcome. >> good morning, sir. >> clayton: let's break down the latest political derby rankings. number 1 at the top of your list, i guess this is no surprise, newt gingrich. >> yeah. there is newt at the top. pretty interesting if you look where he was six or eight months ago. he is surging in iowa and make up some ground in mitt's backyard in new hampshire and mitt romney really for the first time seeing a slippage in his numbers. withstood everyone else taking their shot at the front but now for the first time, you're seeing him down four or five points. >> clayton: it's not much mitt is doing. it's just that gingrich is surging so much? >> well, you have seen a four or five-point slippage in mitt's numbers. it's not probably significant over the long haul, but certain loo newt up now in our composite, he's at 36%. that's the biggest lead anyone has had in a while. >> clayton: i notice in the middle of this horse race right now, there is an empty horse and two candidates behind that empty horse. what in the world? >> yeah. that's right. we really think there is nobody in third place right now. i took a little bit of heat when i talked about this. some of my own guys say, look, ron paul has got to be in third. ear is my answer to that. here is a guy, ron paul, who has been running for president so long that during his fir campaign, being invite to do a lincoln-douglas debatement being invite to do a lincoln-douglas debate. the guy has been running for so long and here he has this ceiling. i know he's doing well in iowa. he could actually pull off a win in iowa. it's true. but i think right now, this is a two-man race. >> clayton: wow. michelle bachmann not on your list nor jon huntsman. and in fifth place, rick perry. think where he was a few months ago. >> yeah. if he had maybe not been so arrogant, had quite the swagger early on as he had -- he seems very relaxed in the trail right now. i think this horse could have maybe made another run at the top. but he's done. >> clayton: unbelievable. allall right. let's look at the composite. looking at all of these guys, a lot of different polls from around the country right now. what do we see when they look at these lines here? >> let me make a quick point on herman cain. you'll still see we're including herman cain because anybody that does an average that pulls him out at this point, it's just not good data. we don't have any national poll that reflect the news from saturday that he is suspending his campaign and we don't know yet, it's complete guesswork to say where herman cain supporters will go. we think and a i think a lot of pundits agree most will end up with newt gingrich. but right now we don't know. so we're keeping him in for now until we get fresh data that suggests where his people will go. >> clayton: yeah. gingrich way up at the top there. jason, i understand you have a birthday wish. >> that's right. breaking news from my lovely daughter, she turns 16 tomorrow. if you're watching, guess what, you're not getting a car. >> clayton: keep her off the road for another few more years, jason. great to see you. have a great week. >> thanks. >> clayton: coming up on the show, the man who president obama picked to run medicare and medicaid now stepping down and blowing the whistle on waste. you've got to hear this. but first, let's check in with hemmer. what's coming up at the top of the hour? >> do you think oakley thought she was going orgeat a car? >> clayton: maybe she did. maybe if i watch i'll get a car. >> good morning to you. governor jon huntsman did not attend that forum over the weekend. he is here live and we'll talk to him. is herman cain about to endorse? washington is about to break the bank. details on that ahead. and does iran have its hands on a specialized american-made drone? martha and i will see new ten minutes on "america's newsroom." call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm. great grains. the whole whole grain cereal. ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. >> steve: prescription for truth. the guy in charge of medicare and medicaid for the past 17 months has stepped down, but not before taking a few parting shots at what he called a high level of waste. dr. donald berwick says his agency has regulations that didn't benefit patients and that the new health care law is too complex for the man on the street. but he added, quote, we are a nation headed for much more healing and a much safer care. there is a moon shot here, but somehow we have now put together that story in a way that's compelling. if it's a moon shot, why is it we do it in the first place? joining us is fox news legal analyst, peter johnson, jr. >> i'm looking for john glenn to begin us on the path. if it's a moon shot, it's a long shot at this point and unfortunately, let me just compliment dr. berwick for serving. we need people to serve. but on the same point, we have to understand what he stands for. he stands for, as a proponent of the british, a single payer system. he stands for the notion that there is, in fact, and there must be rationing in our system. he -- he had the controversy about how the rationing should be done and that probably the government is a better person as opposed to insurance companies to do it. but he was there 17 months. the president decided not to bring him forward for confirmation in the united states senate where he knew he would not get confirmation. and what the good doctor has decided after 17 months is basically two things: that physicians overtreat patients in america and number two, is that there is too many regulations. but steve, we have to understand that there are now thousands and thousands, by some count, maybe 20,000 when we're done, new regulations as a result of obamacare. and so he says there is too many old regulations that are burdening the system that are costing us money and that are insuring that people don't get the health care that they need. >> steve: wait a minute! he helped write it! >> the king of regulation has said, listen, i've been in washington for 17 months. it's a very difficult thing. there's a lot of stake holders. most of them like me, but there is too much regulation and there is too much waste. well, we know there is too much regulation. >> steve: sure. >> that's why a lot of people have complained about the individual mandate. >> steve: exactly right. plus they're talking, he says there could be a quarter of a trillion dollars worth of waste every year. >> we've heard about waste, fraud and abuse, waste, fraud and abuse. it's been the mantra in congress of the it was one of the things the president talked about early on in terms of selling the american public on obamacare. with you i have a hard time and i looked very carefully, and i can continue to look very carefully to say, listen, we've cut 300 million, we've cut a billion, we've cut 4 billion from waste, fraud and abuse. we're not seeing those announcements. we're not seeing those announcements about taking wasteful doctors out of the system or taking on corrupt providers of medical care. that's not happening. we hear the mantra, we hear it's an issue, but we haven't seen in 17 months, i believe, an effective dealing with that. so what we have now is the man who has brought in obamacare, leaving without senate confirmation and leaving with more questions than answers about what he has implemented. he put his finger on what most americans have already put their finger on, too much regulation, too much cost, too much money, too much taxes. and already impeericcally, observatively, we're paying 3 or 4% and sometimes more based on the new regulations that dr. berwick helped oversee. >> steve: now the whole mess is heading to the supreme court. >> it absolutely is. >> steve: peter johnson, jr. >> have a good week. >> steve: great analysis. we're going to roll from new york in two minutes. put down that remote. we'll be right back. ♪ [ man ] we've been in the business over the course of four centuries. 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