Transcripts For FOXNEWS FOX And Friends 20100804 : compareme

released from the spill is still in the water or on shore in the form that could possibly cause new problems but that most of the oil is a light sheen in the surface or in a dispersed form, below the surface and several scientists believe it is rapidly breaking down. jane lachen on, head of the lead agency on this report told "the times" there's no evidence of any significant concentration of oil that's not accounted for. she also emphasized that the government remains concerned about environmental damage that's already been done, especially how the oil may have affected the eggs of fish, crab and shrimp. "the times" says 17% was captured. 28% evaporated or dissolved. again, overall, 74% that has been effectively dealt with by various methods and again, this report is supposed to come out later this morning. gretchen, clayton, steve, back to you. >> all right. we'll have carol browner on our show from the obama administration to discuss this about an hour and a half from now. another fox news alert. fox news confirming a brazen attack now on iranian president mahmoud ahmadinejad overnight. a homemade grenade was launched at his convoy. it exploded just 100 yards from his car. he was not hurt. instead, the grenade exploded near a bus carrying reporters. ahmadinejad was on his way to deliver a speech which he ended up doing. iran denying that an attack even happened. a big primary night. voters picking candidates in senate and gubernatorial races in michigan, missouri and kansas. in michigan, another incumbent bites the dust. the seven term representative lost to hansen clark. in the governor's race in michigan, rick snyder took the g.o.p. nod. in missouri, robin carnahan became the democratic senate candidate and representative roy blunt took the republican race. in kansas, senator sam brownback became the republican pick for governor defeating joe heffington. republican representative joey moran are the state's senate candidates in kansas. we are learning more about the man who shot eight people to death at a beer distribution plant in connecticut and then ended up killing himself. family and friends of 34-year-old omar thornton say he complained of racial discrimination at work. >> he's had some instances at this company where he -- where he was some racial overtones there that, you know, the n word. they call him the n word and hanging nooses in the restroom. they're writing stuff on the mirror, stuff like that. >> right after the shooting, thornton allegedly called his mother saying "i killed the five racists bothering me." union reps say he never filed a racial discrimination claim against that company. sorry, charlie. the queen of soul won't be coming to your birthday party? >> ♪ sometimes it hurts >> aretha franklin canceling a performance at congressman charlie rangel's party next week after breaking two ribs in a fall. the accident forcing her to cancel two other appearances in new york as well. the 68-year-old hopes to reschedule those shows. i heard she was trying to reschedule those shows for later in the month. those are your headlines. gossip columns are going wild that maybe she didn't want to show up at charlie rangel's. >> no respect, r-e-s-p-e-c-t for r-a-n-g-e-l. >> he had a birthday in june. doesn't make sense. >> let's talk about what's going on on capitol hill. first of all, friday on our program, we had robert gibbs on and we asked him about what was news that morning and that is the fact that apparently for a couple of months, grassley of iowa had been looking at a memo, an 11 page memo 4 months old called administrative alternatives to comprehensive immigration reform and essentially what it said was there were different options they were mulling about how to get around giving status or amnesty to the millions of illegals who are in this country. robert gibbs said he didn't know anything about it. they were considering, if anything, they would go through the congress. well, now, a series of seven g.o.p. senators on the judiciary committee have written a letter to patrick leahy and said hey, pat, we have to look into this. we don't trust the administration. >> it seems interesting. we're very concerned about the options outlined in the memo and are troubled the executive branch could be engaged in an effort to inappropriately expand its authority to ensure illegal immigrants are not removed from the united states and are given access to various immigration benefits including potential green card status. issue is the white house says we draft memos all the time. memos on a regular basis, you know, and janet napolitano. >> this is from the white house. >> right. this is from the department of homeland security in saying we draft this memo on a regular basis. we have all sorts of memos in the works. >> big ideas. >> surprising that communications secretary gibbs would say we don't know about it. >> first of all, big ideas come from the top. that's the way everything works at companies, ok? that's point number one. point number two. this is shocking to me that the u.s. government or at least the administration or the department of homeland security would decide to totally go against potentially the will of the people and the way in which government works to do some sort of backdoor thing for votes. listen to what janet napolitano said about it. >> no one should ever mistake a draft memo that lists options which ultimately in departments float around and are -- and are raised at different levels for official policy or decisions. i mean, part of the process is elevating ideas and then weeding out and getting to ones that actually work. >> you bring up a great point which is doing it for votes. let me flip it around to the other side, many republicans doing the same thing for votes. this is exactly what george w. bush trade to do. he didn't get the support from republicans running for re-election. ronald reagan called for amnesty as well. didn't get the support from republicans running for re-election. granted amnesty specifically but said people who have put down roots here. it's political opportunism on both sides. >> when you have a president with the lowest approval ratings as of yet at 41%, the last thing you want is a memo to be leaked that will create a whole another firestorm and reinvigorate the races coming up in the midterms. it will reinvigorate republicans to go out and vote because it's so over the top. >> at the same time, motivate his base as well where the latinos and hispanics would say, look, this guy is out there fighting for us. so let's make sure we report to the places on that midterm day. all right. 14th amendment was added to the u.s. constitution in 1868 and part of it, it was one of the reconstruction amendments that involved -- >> anchor baby. >> i was going to give a little -- >> back to slavery actually. >> it did. one of the slavery things. due process, that's equal protection and citizen claims. one of the things is if you're in the united states and in the country illegally you're not necessarily a citizen. if you have a baby here, that baby is a citizen. and suddenly, that baby has all of the rights granted to americans even though the parents do not. >> now, joe sessions and a number of other g.o.p. congressmen coming out and saying wait a second, we have an issue with the 14th amendment and the senator tom coburn says we need to rethink this 14th amendment. >> listen to what he has to say. >> if you go back to the history of the 14th amendment, why did we take away from states the right to determine citizenship in we were worried states in the south would disenfranchise newly freed slaves. there was never an intent by our founders or if you take the readings just because you were here and had a child and here not as a resident, that your child would become a citizen. i think it's an interesting thing to look at. >> talk about planned politics, all right. this is politics at its best. you release a memo like that. we'll challenge you on the 14th amendment. >> never going to get overturned. >> this is not probably going to happen. listen, that group of politicians calling now for a congressional hearing to actually have a discussion about this, the guy who heads that up is senator patrick leahy, democrat from vermont. he says this, no, not before the elections. >> yeah oosh. >> this isn't going to be happening. >> they're not going to be taking up a 14th amendment debate before the election. >> i don't think so. here's from the other side, the national council, they said this, we fully intend to push back on these efforts. i think it's an afront to the constitution. to see this kind of challenge should give us pause to know that if we thought the court case in arizona resolved anything, we were very mistaken. that's a great point. court case in arizona resolved nothing. all it did is invigorate both sides of this very intense issue. >> one of the things that prompted the lawmakers to say we have to examine this is apparently "the washington post" did an article not long ago where it talked about how chinese women coming to this country through visas have babies and the children are citizens and say you can't get rid of me because my kid is an american citizen and they do it for money. it's very unseemly business. might not have a dialogue about changing it. this wasn't added until, what, 1868 to the u.s. constitution. maybe it's time to go ahead and re-examine it. >> big firestorm story here in new york that many people across the nation are talking about as well. that mosque that's going to be built now, it looks like, near ground zero. yesterday, the landmarks historic commission, i think that's the right term. they voted 9-0 to go ahead and say this building was not landmark status. >> unremarkable. >> in fact, the soundbite i heard said it's from an architect we know nothing about so we're not going to honor this building as a landmark place. the american center of justice is going to sue on behalf of a new york city firefighter who survived 9/11 who they say it's a front and offensive to continue to build this mosque. >> you have interesting opponents and proponents about this debate. here's what michael bloomberg had to say about it. >> this building is private property and the owners have a right to use the building as a house of worship and the government has no right whatsoever to deny that right. if it were tried, the courts would almost certainly strike it down as a violation of the u.s. constitution. rushing into those burning buildings, not one of them asked -- what god do you pray to? what beliefs do you hold? we do not honor their lives by denying the very constitutional rights they died protecting. we honor their lives by defending those rights. >> you have bloomberg who supported the right of the islamic center to build their new digs there, two blocks away from what is considered to be sacred ground. meanwhile, here's one of the 9/11 first responders reacting to the decision by the landmark commission. >> i can't express truly my feelings here on tv today but i'm hurt about it. i'm disturbed by it because, you know, go build a mosque somewhere elsewhere it's not an insult to those who perished on 9/11. >> in the meantime, another group from 9/11, families for peaceful tomorrow say this, as family members who paid the ultimate price on 9/11, we understand the grief suffered by all those who also lost loved ones. however, we cannot allow that grief to give way to tolerance and bigotry. murderers killed our loved ones on 9/11, not muslims. you have so many different points of view even from the people who were most affected from 9/11. >> let us know what you think about all of that. friends at foxnews.com. we'll be talking about that throughout the show this morning. >> straight ahead on this wednesday, department of homeland security is investigating an illegal alien who is accused of killing a nun in a drunk driving crash. but we're talking to a local official who says government officials and lawmakers should be blaming themselves. >> an overwhelming no, that's what missouri voters are saying about obama's health care plan. what does it mean for the rest of the country? will it stand up? stu varney is here to weigh in next. hi, may i help you? yes, i hear progressive has lots of discounts on car insurance. can i get in on that? are you a safe driver? yes. discount! do you own a home? yes. scount! are you going to buy online? yes! discount! isn't gettg discounts great? yes! there's no discount for agreeing with me yeah, i got carrd away. happens to me all the time. helping you save money -- now, that's progressive. call or click today. >> all right. welcome back. missouri voters overwhelmingly reject the president's health care plan. nearly 73% of voters there have supported a state ballot measure that would reject the federal mandate requiring everybody to buy health insurance or get taxed. and fined. and now a federal judge has given the green light for virginia to go ahead with a lawsuit against the federal government so is the president's health care law unravelling? stuart varney says yes. >> yes, i think it's in serious trouble. unravelling, maybe a little bit strong. but certainly heavily challenged. and i think you're in for a period of real confusion. almost chaos as to what the final outcome, what the final look of health care will be given all these challenges to it. >> unravelling, though, realistically or politically? people going to the polls to say we don't like it? but can they really change it? >> good one much it is unravelling politically more than anything else. now, there's a court challenge in virginia as steve said, got it. that a court challenge has been allowed to go forward, challenging this mandate that you've got to buy health insurance. now, that's a victory for the anti-reform people because it's going forward in court. this missouri vote, that is largely symbolic but it's heavily political because it sends a huge message to washington three months before an election. >> but, you know, as anything with this interstate commerce law and the federal government trumping any of these state regulations, the constitutional experts sort of agree that look, this thing, once it moves beyond the sort of local federal district courts is going to be stopped and squashed. >> point taken, clayton but supposing the republicans take the house in november, then what does that do to the funding of health care reform? look at the big picture. there's these legal challenge, i agree with you. it might not go forward that far. there's a political challenge as represented by missouri. that's a real challenge and now you've gotten an electoral challenge maybe after november which would -- it could strangle the funding of medical reform to go forward. >> that's the key. even though it's passed, unless the congress goes ahead and says ok, here's a big pile of dough, some parts of it can be targeted. that's what republicans are talking about doing. >> that's exactly what may happen if the republicans take the house in november so you've got multiple challenges. that's why i say, you don't know how these challenges are going to work out but you are in for a period of confusion and may i say chaos in health care. >> confusion right now? >> yes, we do. >> we did a story once about a hotline where people are calling and they have no clue what health care is all about. >> it's not getting more popular. it's getting more unpopular with voters. >> all right. catch varney today, "varney & company" i had the pleasure of being with stu yesterday as a guest host. it was a lot of fun. you don't want to miss it. >> the ratings went straight up, gretchen. >> yeah, right. thanks. see you later today. coming up on the show, an illegal immigrant accused of killing a nun in a drunk driving crash. he was released from custody by the feds. did they drop the ball? up next, a county official who says he did. >> superman saves the day. how he rescued the family with foreclosure. >> welcome back here to "fox & friends." some headlines for you. minnesota governor tim pawlenty wants to make english the official language of his state. he's proposing the change one week after the small community enacted the rule claiming it helped save money by eliminating translation services. and the author of the rolling stone article that ended the career of general stanley mcchrystal being denied permission to rejoin u.s. troops in afghanistan. i wonder why. the pentagon says hastings can no longer be trusted to respect the rules of reporting. there are your headlines. gretchen? >> thank you. the secretary of homeland security, janet napolitano now getting involved in the death of a nun killed by an alleged drunk driver. that driver, an illegal immigrant who has been arrested twice before for drunk driving. now, napolitano ordering an investigation into why the man was released before being deported. joining me now, cory stewart, chairman of the board of supervise or for prince william county in virginia. he has been fighting for stronger federal involvement in immigration enforcement. good morning to you, mr. stewart. >> good morning, gretchen. >> this quote that you said to the producers really got my attention. he killed a nun, that's a perfect example of what's wrong with immigration enforcement in this country. expound on that? >> every single day, our law enforcement officers are risking their lives to apprehend illegal immigrants who commit crimes. every single day, federal officials turn around and release those same criminal illegal aliens back into the communities instead of deporting them. people need to understand the federal government is deliberately releasing criminal illegal aliens back into the neighborhoods rather than deporting them. >> you say the word deliberately. why do you believe it's deliberate? >> because congress for years has underfunded immigration enforcement to the extent that immigration enforcement doesn't even have the funds to deport an illegal alien who has committed a crime. the only time they actually deport somebody from the united states is if they've committed a violent felony. if it's a d.u.i., it's other crimes, it can be a whole list of crimes like in this case and they still won't deport this sleaze bag. it's disgusting. >> here's a guy who has been arrested twice for drunk driving. i don't know what happened to you and me if that had happened to us but it wouldn't be good and number two, is it really funding or is it politics? >> well, it's a little bit of both, you know, it's congress especially the democrats in congress and the president who do not want to anger their left wing allies, all these far left groups and so they don't provide enough funds to immigration and customs enforcement for detention center space for illegal aliens or to deport them. they're simply letting them go right back into the neighborhoods. >> secretary napolitano said this and then i'll get to the d.h. s. statement as well. in another interview, he said he was in removal proceedings. the only problem is they released him during that time. she went on to say why were the removal proceedings taking so long? i do not have the results of that but i will get them. here's the d.h.s. statement that we got to "fox & friends." d.h.s. regrets the tragic loss of life in prince william county this weekend. secretary napolitano has ordered an immediate review into the circumstances leading to this individual being released. but here's the issue, mr. stewart. i mean, investigation is fine and dandy but this nun is dead. >> that's right. you know what? they're going to try to blame this on some low level official at d.h.s. as a mistake. it's not a mistake. this is d.h.s. policy this, the administration's policy to release illegal aliens that commit crimes back into the neighbors and not to deport them. this is not a mistake. no investigation is necessary. it is their policy. it is their policy to release these people back into the neighborhoods instead of deporting them. >> all right. very interesting discussion. cory stewart, a fellow minnesotan, thanks for joining me this morning. >> thank you. >> this money is supposed to help create jobs. right? that's what we were told. why are more than a million bucks being used to study dancing? the other ways the government may be wasting your money just ahead. we're familiar with the show "jersey shore." get ready for a christian version called "the jesus shore"? we'll explain. but first, happy birthday to president barack obama. he turns 49 today. happy b-day. ♪ [ male announcer ] what if clean sheet day became clean sheet week? new ultra downy april fresh has scent pearls that give you a whole week of freshness with just one wash. ♪ and ultra downy april fresh lets you climb in to more freshness for 7 days than this other fabric softener after 2 days. so why settle? get more. feel more. ♪ [ instrumental: uphey, max. 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[ barks ] long live your buddy. oh, max! long live your dog. purina puppy chow and purina dog chow. >> house speaker nancy pelosi said when it comes to cleaning up the government, the democrats have drained the swamp. yeah. problem with that, you know what's left after you drain the swamp. snakes! snakes everywhere! >> funny stuff. nothing worse than snakes on a plane. >> or in washington. >> no kidding. plenty of them. >> and washington was built on a swamp. pretty easy to find a swamp. >> foggy bottom, indeed. >> yesterday, the treasury secretary tim geitner, easy for me to say, had an op ed in "the new york times" called "welcome to the recovery" because good news, america, we are in recovery. really? ok, we know they're having a six-week summer of recovery to the administration is but yesterday, a couple of u.s. senators, mccain and coburn released a document with a list of 100 projects from the stimulus program that just was a waste. absolutely a waste. >> they called it summertime blues at least for all of us taxpayers who have given our sweat and tears to -- money to the government and here's wra it ended up. let's take a look at some of them. for service to replace windows in a closed visitors center at mount saint helen's. >> dance software to learn how to dance. $762,000 went to that. >> all right. brian would need that. i don't know about your dancing skills are but he would need that. how about this? $6 $62 million. it wasn't a bridge to nowhere. it was a tunnel to nowhere in pittsburgh that the governor said was a waste of money. >> governor rendell was against that. >> $1.the million for ant research. i know research, squash them. >> $308 million for a joint clean energy venture with b.p. b.p. -- >> that was in california. >> how about $90,000 to replace a new sidewalk that leads to a ditch in oklahoma. >> $39.7 million to upgrade political offices in topeka, kansas and the list goes on and on. >> of course, secretary gibbs responding to this had some comments about it and he said, look, this is very good washington speak because we identify, we're not saying that all these reports are legit but there are a few he says they've identified the white house basically 10 of them. if you take the 10 out, there are still 90 that are legitimate. here's what he had to say. take a listen. >> acknowledgment that the project might not be -- >> i think there was acknowledgment on their part in pulling a couple of their projects out of their report that weren't ultimately recovery projects. i think this has much more to do with politics. >> you think it's a credible report? >> from what i've read, no. >> he says it's not credible. tom coburn, the senator from oklahoma begs to differ. >> there's no question the stimulus bill has had a positive effect on the economy to a certain degree. what our criticism is, it could have a far greater effect. when the special i.g. for this admits there's going to be $50 billion in fraud out of this bill, and that we highlight things that we think are stupid and inappropriate, it is normal that we're going to give criticism. >> interesting thing is that senator coburn started that particular bit right there by saying, yes, i agree, the stimulus did do some good. you know, so if you really want to blame politics as gibbs did, well, coburn played both sides of the fence there. he said yeah, i do believe the stimulus worked but let's pay attention to the waste, too, and i think many americans would like to know what exactly that waste is. especially in these economic tim times. >> sure. that was the whole intent of recovery.gov where joe biden was going to keep an eye on things. mr. biden should have left both eyes open, there was some trouble. >> specifically trying to create or save 3 million jobs that the administration still says but can't point to job growth. >> impossible metric to prove unfortunately for them. >> senator coburn will be joining us 7:45 eastern time for more on summertime blues. president obama will try to drum up support with labor leaders ahead of the november elections. he's joining forces with afl-cio president urging union leaders to step up support for dems across the country. the president will give a speech to members in washington later today and try to convince them his party can revive the economy and create jobs if given more time. clayton? >> well, the department of justice is threatening to go after arizona sheriff for refusing to cooperate with a civil rights organization. the feds are considering a lawsuit against his office alleging him of unconstitutional searches and seizures. he said he would not cooperate with the inquiry when it began more than a year ago. >> story you saw first on "fox & friends." a man arrested for silently praying outside of a planned parenthood in chicago. >> i never said anything to any of the people entering. as i said before, i never said anything to the planned parenthood volunteers. at the time, i was praying the rosary which is not at all threatening type of prayer. >> well, this morning, those charges against joe holland dropped. he was arrested for disorderly conduct for the bubble ordinance. it keeps people from being within eight feet. >> bret favre is about to retire for the third time and apparently, he really, really means it this time. sources close to the 40-year-old quarterback say favre will tell the vikings he's ready to call it quits despite the option to rejoin a team of super bowl contenders. neither favre nor the vikings confirm the report. if he does leave, bret will have thrown more touchdowns and interceptions than any other player in nfl history. >> that is a sad day for me as a purple people eater fan. >> i don't want to see him retire. i think he was so close. come on, like a first down. >> one game away from the super bowl. >> think about those fans, too. all right. i'd love to see him stick around. i'd love to see "jersey shore" stick around. one of my favorite shows, steve. i have it set on the d.v.r. and don't miss an episode of snooki every week. >> i thought you liked the situation. >> i like the situation, too, but i think snooki is more entertaining. >> listen. because it is so widely popular, even though keep in mind last -- all of this hubbub drummed up from five episodes last year. just a five episode run and right now, they're in the midst of their new season. and now it has -- the jersey shore has prompted a couple of faith-based organizations in the tom river area of new jersey. not far from jersey shore central to have a jesus shore concert this past monday featuring christian music. >> everyone is getting on the bandwagon. the governor said he's not entirely sure that the jersey shore was a good move for his state but a lot of people jumping on board. there's the crowd for the jesus shore concert. >> very good marketing idea. i thought they were going to say they were going to have a jesus shore show made out of the concert. >> but it doesn't look like there was a tremendous amount of people there. >> what's that look like? >> it was there at -- what the show looked like? >> i'm trying to picture what that show would look like. >> i don't know, they came up with jersey shore. maybe in the after the show for today, you'll tell us your thoughts. >> the show itself was not very well attended as you saw and one of the problems could be the fact that they had this big concert on a monday. >> on a monday morning at like 8:00 a.m. >> yeah. note to the organizers, maybe on a weekend, there at seaside heights which is where the first episode and the first season of "jersey shore" was shot. that would be a big crowd. >> good point. a little update for you this morning, this is a little bit of a mystery. play around with us. we want to know from you this morning whether or not clayton, our guest host, looks better in red or white. frankly, he looks like a "star trek" character in both of those. >> that's a red smock. >> anyway, he chose to wear both red and white today as you can see in his tie ensemble but in this photo right here, what does he look better in? red or white shirt? we'll explain later why we're asking you. put in your votes right now at foxnews.com. >> in the red, benedicting monk smock or the clinique smock. >> e-mail us, red or white and indicate whether you're male or female because it's all related. >> don't try to weigh the study one way or the other, steve. >> all right. we've been telling you about this all week. the man accused of murdering 13 people at fort hood down in texas still getting paid by the military but there's a problem. no bank will hold his money. is that illegal? is it fair? that straight ahead. >> then at the age of 60, most people are looking to take it easy. maybe even retire. not the guy you're about to meet. guess what? he decided to join the army. yep. his story is straight ahead. >> he's in green and cameo. zv@ñ >> couple of quick headlines for you. blackberry challenging the iphone to a thumb fight now. the company just unveiled the torch which has both a touch screen like the iphone and a slideout keyboard. important to me. intended to make long-time users happy. it goes on sale next week starting at 200 bucks but it's with at&t. and a family facing foreclosure saved by superman? they found a rare comic book in the basement worth $250,000. the bank is allowing the family to remain in the home until the auction. clayton? >> that's a first appearance of superman, gretchen. thank you. this guy could be considered superman physician. dory gilbert always wanted to serve his country. when his son joined the marines, it renewed the interest he had many years ago. now at the age of 60, he is a lieutenant colonel in the army and wants to be deployed to afghanistan. the lieutenant colonel joins us this morning and we welcome you and thank you very much for your service this morning. welcome to "fox & friends." >> thank you. it's a pleasure to be with you. >> what made you decide you wanted to join the army after all these years? after a successful -- successful private practice? >> well, two reasons. the first is i believe that our young men and women who volunteer to defend our freedoms are entitled to the best possible medical care that we can provide as a nation. i thought well, with my experience, i would like to be part of that team that provides that excellent medical care. >> i think the -- >> the other reason is -- >> i think a lot of americans probably didn't realize the extended age most of the time for most army jobs is 42 years old. but for medical jobs, it's 60? >> that's correct. the army needs physicians and so they will -- they will look at individuals over the age of 40 up to the age of 60 so i applied at age 59 and with the help of my civilian recruiter, trish green in st. louis and major bruce brinston in orange county, they were able to guide me through the process. they made the process very easy for me. and without them, it would -- you know, it would have been very difficult. so having, you know, the support of the recruiters made it doable. >> now, we were just look at some video now. you say easy but i don't know that i'm buying that because you're having to do sit-ups and all kinds of pushups. you'd have to be able to do 27 sit-ups in two minutes. 18 pushups in two minutes. what was it like getting ready for that? were you -- you look like a fit guy. were you already ready for that? >> well, the first time i got down on the floor and i did 15 sit-ups and hurt my back. >> sounds like me. >> yeah. but now, i'm able -- i'm able to do about 65 sit-ups in two minutes. i can do 80, 85 pushups in two minutes and i can run two miles in about, oh, 16 minutes. it didn't start out that way. >> put me to shame, sir. when i think about this, i can't do four pushups and you can do that many, 80 pushups. that's incredible. your son no stranger to this kind of service. your younger son is a lance corporal in the marine corps and going to be going to afghanistan next year, as i understand. >> yes, sir. he is going to be deployed to afghanistan in april of 2011. and we are very proud of kevin. he's our youngest son and he joined the marine corps in august of 2009. and he is now stationed at camp pendleton in california. >> you also, i understand, want to be deployed to afghanistan. why? i have to ask you, would you want to be deployed into one of the most dangerous zones in the world right now? >> well, that's my dream. my dream is to get over to afghanistan and help take care of our servicemen and servicewomen who have volunteered to fight for our country. i'm not really concerned about the danger. i don't think the army puts their physicians in harm's way, if possible. but it's where i want to be. i want to be part of the team that is helping our servicemen and women. >> if any american wants to go and see what an incredible service that our medical physicians who are in the field do for our country, they should go check out at one of the great, great series. it was on hbo a number of years ago "band of brothers" and see the episode of the battle of the bulge where you guys literally risked your lives on a front line basis to help those men and women who serve. thank you so much, lieutenant colonel. we appreciate you joining us this morning. true hero. >> it was my pleasure, sir. thank you for having me. >> thank you. >> coming up on the show, major nidal hassan is accused of murdering 13 people at fort hood. ready for this? he's not only still collecting an army paycheck, he wants you to feel sorry for him. then she asked her congressman a simple question and the answer sparked a firestorm. woman who got pete stark to admit the government can do pretty much whatever it wants. joining us live next. a waffle iron? nooo. i could have saved this one. ♪ call 1-800-steemer it's tough to get enough servings of vegetables every day if you don't always like the taste of them. good thing v8 v-fusion juice gives you a serving of vegetables hidden by a serving of fruit. v8. what's your number? it's harder my doto build bone densityge... with calcium and vitamin d alone. he recommends citracal plus bone density builder... the only calcium supplement with genistein found in nature in soy and proven to significantly build bone density. citracal. or...ok. how about one large slice while jogging in place followed by eight celery... mmm raspberry cheesecake... wow, and you've lost weight! oh yeah! [ female announcer ] yoplait light. 30 delicis flavors all around 100 calories each. >> he is accused of murdering 13 people at fort hood. not only is nidal hasan still getting a paycheck from the military, $6,000 a month but wants you to feel sorry for him. he has no place to put his money after the bank of america dropped him as a customer. and no other bank will take him on. >> joining us now, the deputy general counsel for the independent bankers association of texas, shannon phillips. good morning to you, mr. phillips. >> good morning. how are you doing this morning sf>> we're doing fine. a lot of our viewers are stunned to find out that he's actually still receiving a paycheck, $6,000 a month from taxpayers' dollars but he's innocent until proven guilty. i guess that makes sense. issue here today is whether or not he can find a bank to actually deposit that money. and in the area in which he is staying right now, apparently the answer is no, right? >> right. first, i want to say our thoughts and prayers go out to the families and friends of victims and, you know, in comparison to that, this issue is very small. but, you know, right, the -- the bank has the right to refuse service to someone if they have -- if they have a reason to think that that person has, you know, done something. usually what you see is something inside the bank where they've had repeated overdrafts or maybe there's suspicious activity going on in the account, you know, something like that. >> sure. >> this is where somebody is a bad customer, a bad consumer but this guy is somebody, sir, who killed 13 people and for some of these banks in the area, those were probably some of their customers who wound up dead. but what's unusual is -- >> absolutely. >> and perhaps one bank would say, ok, we're not going to have you as a customer but for him to be black balled by all the banks, that seems extraordinary. >> you know, it is extraordinary. and i can't say that i've ever seen something like this happen but at the same time, i can't understand it. you know, this isn't a guilt or innocence kind of thing. in fact, when banks do close accounts, you know, the folks that they're closing the accounts of, they supposed to have not found guilty of anything generally. someone could threaten violence or perform an act of violence against a customer or someone else in the bank, the bank doesn't have to wait to take them to trial. >> the bank can do anything they want to. it's a private business. >> unless it's discriminating against an entire group of people. >> well, exactly. i agree completely with that. you cannot discriminate on the basis of race, sex, religion and, you know, the other protective basis but that's not what i believe is being alleged here. >> let's take a look at the statement from john gallagan, attorney for nidal hasan. it's a testament to the discriminatory environment that exists towards my client in the fort bell county community. he's presumed to be innocent. he hasn't been found guilty to any offense. he's never, to the best of my knowledge, violated any requirements established by any bank. how would you respond to that mr. phillips? >> bank of america, i don't know why they closed his account. i have to say that first and foremost. there could have been something that happened. bank of america can't speak to that because of privacy issues and mr. hasan's attorney has not spoken to that. either he doesn't know or hasn't said why. so, you know, we don't know -- we don't know why the account was closed but as far as discrimination, they're not discriminating against a class of people. i don't believe that some class that mr. hasan would belong to, that bank of america has closed all those accounts. >> ok. thank you very much for telling us about the story of nidal hasan and doesn't have any banking activities down there in texas. >> the obama administration continues to blame it all on bush. that plan could backfire. laura ingrham weighs in on the top of the hour. 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[ male announcer ] have a heart to heart with your doctor about your risk. and about lipitor. that's why we're investing one million dollars every hour... to improve our technology and your safety. it's an investment that's hpetoyota earn multiple top safety pick awards for 2010 bthe insurance institute for highway safety. no other brand has won more. these top safety picks, and all our new safety innovations are available at toyota.com/safety. >> a new report says that 75% of the oil is gone. but the administration is still concerned the president's energy advisor carol browner joins us live to explain. >> meanwhile, senator john mccain calling out the president for blaming president bush all the time. >> he can keep beating it, no matter what it is. blame it on bush. he can keep that up. the american people will hold him accountable this november. >> why senator mccain says the blame game will backfire for mr. obama. >> and which one of these colors makes me look more attractive? in the red "star trek" smock or the white clinique. "fox & friends" begins right now. >> hi, everybody. i'm huey lewis. stand by for the news. >> while you were changing 50 diapers overnight because of a newborn at home. >> no, it's for myself. >> you have the ability to also wear both white and red in your current ensemble. >> that's the kind of planning i do for america. >> i had no idea. i just grabbed it off the shelf. i saw steve was wearing blue. i said i can't wear blue. >> clayton is pioneering this whole news through clothes initiative which is great and we should point out, clayton is in today for brian who will be back in a couple of days. >> he will. we start now with a fox news alert. u.s. government is expected to announce today that 3/4 of the oil from that massive spill in the gulf is already gone. a new study claims that the oil has either evaporated, dispersed or being captured in the days since that leak was capped off. you're looking at a before and after shot of the oil and lack of it from above. b.p. announced earlier this morning that its effort to cap the blown out well is going extremely well. static kill project is well under way and all signs point to success. and another fox news alert for you. iran now refuting this morning's reported grenade attack on president mahmoud ahmadinejad saying it was just a firecracker. arab tv and a conservative iranian web site both reported homemade grenade was tossed at ahmadinejad's convoy as it drove to a stadium. some injuries and an arrest were reported at the site of the explosion, it was 100 yards from the president's vehicle. the report set off a wave of confusing rumors all over tehran. but the iranian government now says absolutely nothing unusual happened but you can't always believe them. we are learning more about the man who shot eight people to death at a beer distribution plant in connecticut before turning the gun on himself. family and friends of 34-year-old omar thornton say he complained of racial discrimination at work. >> there was some racial overtones there, they're writing stuff on the mirror, stuff like that. >> thornton's mother says her son called her and said i killed the five racists bothering me. union reps claim he never filed a racial discrimination complaint against the company. new york city landmarks commission clearing the way now for construction on the mosque at ground zero. but the american center for law and justice will challenge, that is, the panel's decision in state court later today. others who oppose the mosque include former alaska governor sarah palin and former house speaker newt gingrich. new york mayor michael bloomberg supports the project saying if he forced the mosque out, it would be like handing the terrorists a victory. those are the headlines. >> look who is on the curvy couch, the great laura ingram. she's exhausted because last night she was on the steven cobair program. >> battle scars. >> let's talk a little bit about this. that's the fact that yesterday, in the state of missouri, the show me state, they effectively said show me where it says that the federal government can mandate that i buy something, if not there, 70% of missourians said we want that thrown out. >> by a 3-1 margin. this is the bellwether. if anything was a bellwether, this referendum on obama care was devastating and i know you're going to hear people spinning it all throughout the day. oh, this doesn't really have any far reaching repercussions because this is a state issue and all the tea party people whipping up. this is about turnout. this is profound. this law hasn't gone into effect yet and we're finding out about all these ticking time bombs within the 2,700 plus pages. we're finding out that they're creating all these agencies. so many agencies that the congressional research service says you can't calculate it because the mandate is so broad and so ill defined. >> and the c.b.o. came out afterwards and said hey, it's going to cost more than we actually estimate. >> which is all we've talked about before and many people predicted. >> so if the state referendum in missouri doesn't have the teeth to supersede the federal government, you think it has political ramifications? >> i do. i think this empowers i call it the america movie across the country. there's a revolt going on against this power grab. it's a massive power grab of decision making away from the people and it's starting to have major ripple effects. i think missouri will be incredibly significant and i think it's going to empower other people and actually excite the base of the republican party a lot. >> you may be right. president obama waking up this morning with his lowest approval rating. >> happy birthday, by the way. >> i'm so disappointed i wasn't invited to this whole soire. >> we'll get to that in a minute. one person can wear the red, that will be the president. senators wanting answers about this department of homeland security memo being worked on and whether or not this would grant amnesty to illegal immigrants. secretary gibbs said he didn't know anything about it. >> he's like senator schultz. i know nothing! remember hogan's heroes? this is a sign that this administration is trying to conceive of all these ways to do end runs around the voters and around the congress. they don't want a big slap down on i mmigration. they don't want a big debate. i don't care what they say. this is not binding. this is a predecisional memo. i used to work at two federal departments, the education department and transportation department. these memos aren't just written in the specificity for which this was written for people that like to work. >> it comes from the top down, right? >> but also, but also, what bothers me about it is not necessarily what it actually says, it's the fact that they were going to do it behind congress' back. >> of course. yeah, this is doing an end run for one of the biggest transformations for america society. legalizing millions of people, you may be for or against it, but the country should have a say in it. you have to stand up for the legislative process. if you're a democrat and are confident about this, take it before the america people and argue it. i have no problem with that. >> republicans are arguing we want to know pour about this. here's senator david viter, republican from louisiana talking about the memos. they want to know more. >> i'd like to hear that they're completely disavowing all those proposals in that detailed 11 page memo. the fact that you have senior lawyers in the administration figuring out how to completely frustrate the law. they call it deferred action. they actually talk about protecting folks who are in this country illegally. that is very, very worrisome. >> so what according to this memo, what they were trying to do was trying to figure a way to end run congress. don't go through congress. let's just do through -- >> deferred action. >> exactly. >> it all sounds -- oh, it's going to be deferred action. when you find something here illegal or know they're here illegally, don't do anything about it. that's what they do with barack obama's aunt in boston, they never did anything and suddenly, she gets asylum, you know, it's wild. this is done, again, people in this country have to understand this. this is a massive change to the american system of government. if this is allowed to happen. >> that would be. the way in which that would happen, that would be a massive change. >> they don't have the consent of the governed on this issue. if they do it this way, all bets are off for the way people consider government in the united states of america. slippery slope towards i'm sorry, i don't know it sounds hyperbolic but toward more of a dictatorial rule than democratic rule. >> mr. gibbs was here on friday and had this to say. >> white house doesn't support amnesty and those who support comprehensive immigration reform don't support amnesty either. we need to figure out how we're going to secure our borders, deal with those that are here but do it in a comprehensive way and do it at a federal level. as frustrated as arizonians are and we understand that, we can't have a patchwork of immigration laws throughout each of the 50 states. >> you want to support amnesty? >> he doesn't support amnesty. this is the line -- what we heard from president bush. of course they support legalization and they have made it clear, they don't want these enforcement mechanisms put in place or enforced by the federal government or the state government. that's why they're suing arizona. if they were for enforcement, they would have credibility on this but they don't have any credibility on the enforcement issue. >> senator john mccain -- >> nice segue. that was seamless. >> she's good. she's going to get a good book plug in a second. john mccain was harkening back to the fact that barack obama has for the last year and a half blamed george bush for everything. everything. that's going to haunt him come november. listen to this. >> compared to what has taken place since president obama has come into the presidency. look, he can keep beating a biob, no matter what it is. blame it on bush, he can keep that up. american people will hold him accountable in winter, not an administration that went into power a year and a half ago. >> i want you to put on your liberal advisor hat. >> can we do that? >> focused on -- >> out of your comfort zone for a minute. i want you to go out of your comfort zone in a minute. if you're -- he can't really hang his hat on any agenda item that's been successful, that the american people are supportive of. >> you're not buying the $3 million? >> isn't this the most resourceful well for them to tap right now which is to go back to 2008 and blame it on bush? >> i don't think they don't have anything else. i think they're exactly right. what are they gonna say? afghanistan is going well. most people don't think it is. the economy is turning around and even their treasury secretary said employment will go up before it goes down. nobody is buying the efficacy of these proposals so what is he going to do? he was really good on the campaign trail in 2008 and trying to take the jacket off and be in the shirt sleeve. >> trying not to talk about jobs. >> he's trying to reset and say, look, our car was in a ditch when i came into power. we don't want to go back in that ditch. problem is most people would rather be driving the car than driving this whole edsall they're trying to force. >> maybe turn of events in 18 months. let's get through the study that we -- this is really hard news, we got to get to it. which is what are women more attracted to? a man in white or red? or just "star trek" in general. the unofficial vote total at least on twitter was red overwhelmingly they like. >> really? >> that's shocking! and according to this study, it supports that. this study looked at successful individuals and it turns out people are more attracted to the success that red gives off. >> well, apparently it is just women. it involves just women and from the university of rochester. women view men in red as high -- higher in status. more likely to make more money, more likely to climb the social ladder. so somebody wear red. >> where do i come in on this conversation? i prefer both. i like it when you wear the chartreuse and i like when you do the plaid thing. that evokes a sense of power and confidence. only you, clayton can carry it off. red is sort of a strong color. it's a strong, confident. >> a pop. >> and green. >> we knew that on gretchen, of course. >> i hope we didn't spend a lot of money on that study. i think we knew that. let's talk about the book "obama diaries" doing your last book signing. >> out in huntington, long island. >> i want to know, this cover throws me off. how did you get into the oval office? >> the salahis got into the white house. desiree rogers and i are like this. she got me in. >> great to see you, absolutely. >> great to have you on the couch. >> remember, salmon color, stay with it. >> delicious. >> her question got a congressman to reveal his true feelings about big government. watch this. >> ask if they can do anything. >> the federal government can do almost anything in this country. >> the woman who challenged representative pete stark joins us next in a fox news exclusive. >> she was tied up by a burglar in her own home. wait until you hear how she called for help. she used her toes and a laptop. 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[ male announcer ] no one really wants plaque left on their teeth. but ordinary manual brushes can leave up to 50% of plaque behind. that's why you want an oral-b power brush. inspired by dental tools, they clean away plaque in ways a manual brush can't. for that dentist-smooth, clean feeling every day. fight plaque with real power. oral-b power. >> welcome back, everyone. congressman pete stark taken to task about big government control at a town hall meeting in california by a concerned citizen. >> how can this law be constitutional? but more importantly than that, if they can do this, what can't they? >> is your answer they can do anything? >> the federal government, yes, can and do most anything in this country. >> oh! >> now -- >> is that what the united states is supposed to be all about? joining me now for a "fox & friends" exclusive is kimberly corpsus, the woman who challenged congressman stark at that town hall. >> good morning, how are you? >> i'm doing just fine. we see this video come out from a few days ago and we were like, what did he just say? that the federal government can do whatever it wants? what was your reaction when posed that question and got that response? >> well, quite honestly, i was -- i was fairly shocked that he made the tactical error of coming out and admitting that. especially when he knew that the golden gate minutemen were there recording him but, you know, either the man was just confused and accidentally said what he -- what we know they're all really thinking or, you know, he just doesn't really care what we think and he's willing to just admit that they have no respect for the constraints that are contained in the constitution and they're going to do whatever the heck they want to do. i was pretty surprised. >> he said some other controversial things in the past at town hall meetings. i know you became interested in all of this when you went to a town hall meeting last summer during the whole health care debate. you are a lawyer. you're also a mom. why is this so important to you? >> oh, i have three small boys. i have 2-year-old twins and a 5-year-old boy and i am just -- i am devastated what's been happening in this country. we're getting so far down the road to collectivism and away from freedom and i'm going to get choked about it but i think about how i was raised and the america i grew up in even 30 years ago and my boys, the way things are looking right now, my boys are already under water hundreds of thousands of dollars because the debt of this federal government and the way that they're going, they're just going to take away all their liberties and it scares me to death. so i'm fighting for my boys. >> you must have been heartened to a certain degree when you heard the rest of the crowd boo his response. what was it like to be in the room? >> well, it was -- it was pretty validating to be in the room quite honestly. quite honestly, i think that representative stark only had about 10 people there that looked like they were supportive of him at all. and the rest of us were on a mission. he kept wanting to talk about his agenda and what he want to say to us and we kept dragging it back and saying we want to talk about these issues. you work for us and you need to answer to us and he did some of his usual stark stuff. you know, he just was nonresponsive and dismisssive and he just came right out and said what he really thinks. >> that's why it's important for people no matter how they feel to go to the polls, i guess. kimberly corpus, thanks for being our guest today in a "fox & friends" exclusive. >> thank you very much. >> school textbook praising islam? tucker carlson is here next to propose a potential propaganda in your kids' books. you thought she was the richest woman in the world, right? it turns out oprah is running way over budget. details on the money troubles straight ahead. ♪ [ male announcer ] there is nothing more profound than hope. it is the promise that compels us to make the journey from wonder to discovery. the science of chemistry, our guide. the human element, our conscience. and to make this journey, we have become the new order of hunters and gatherers. finding answers in the elements. and a way forward illuminated by hope. >> time for your news by the numbers. first, 100 million dollars. that's how much discovery communications has set aside for oprah's new tv network. she's already used up $75 million of the $100 million so discovery said she's over budget. sorry, oprah. next $76. starting tomorrow, that's how much a one day park pass will cost you at disneyland. $76. last time it was $72. and finally, $56 million. that's how much money sandra bullock earned in the past year making her the highest paid actress in tinseltown. clayton, over to you. >> thanks, steve. well, are special interest groups hijacking our children's education? a former texas school board member claims there's increasing evidence that shows textbooks are biased against american culture especially on matters of religion. where the islamic faith receives praise and the christian faith is attacked. will this pro islam propaganda ever be put to an end? tucker carlson is the follower of "the daily caller" and a fox news contributor. he's been following this story and joins us live from washington. >> good morning. >> the number of textbooks over the years are supporting islam over christianity? is it pretty overt? >> it's pretty overt. there have been a number of studies on this, the largest was done by an educational expert called gilbert sewell a couple of years ago and showed consistently that textbooks down played unattractive elements of islam while highlighting those of christianity. high school textbooks, highlighting the brutality of the christian crusaders against their islam foes and say virtually nothing about the president of islam by violence throughout the mediterranean region, of course, in the middle ages. islam just sort of spread voluntarily which is not historically accurate at all. yeah, there's a clear effort to white wash history on this question. >> let's take a look and get specific on the screen right now is the world history book. patterns of interaction from 1999, mcdougal press. what's this about? >> this is just basically a by the numbers analysis of how christianity, islam have been treated. 248 to islamic beliefs and what i mentioned a second ago, the emphasis on christian misbehavior and a white washing of the same -- members of the islamic movement. jihads are never defined in any textbook as having any confrontations. it's considered a struggle for righteousness which is only part of the definition. >> of course it is. we have this world history book, "connection to the day" from apprentice. whaet the deal with this textbook? >> you can see again, the discrepancy with the way that christianity is treated and the way islam is treated. interestingly here, this is a theme you see in a lot of the textbooks islam presents it as a liberating force of women. that seems ironic, of course. in textbook after textbook, islam is described as a liberating force, that gave women's rights it didn't have. >> they're going against the texas immigration code that need to be fair and open to all. th is this a breaking of the code? >> trust me, this is not news from anywhere. this has been going on a long time. these curricula are under rault constantly by multicultural groups, many of them really bend the curriculum to our will. it's a shame hopefully it will stop. coming up on the show, new government report claims that 75% of the leaked oil in the gulf is gone, vanished. the top energy advisor is going to join us live next and the parties overfill with democrats not willing to attend his birthday party. wait until you hear their other allegations. tied up and attacked from her own home. she called for help by texting with her toes. check out big savings during the bass pro shops fall hunting classic like bass pro shops. your adventure starts here. hi. wwhere we build eachit all stof our customers a better banking experience. hey, let's talk small business. there is some very sophisticated stuff in here. we have everything from business checking, to loans for expansion. there's even a regions cashcor analysis. but one of the best things is the personalized advice you'll get from a regions business expert. hey, mary. hi, mike. thanks. she really understands business. is your small business ready for something better? switch to regions. >> welcome back, everyone. b.p. says the static kill has been achieved in the gulf and a new government report claims 74% of the oil in the gulf has evaporated or simply been eliminated. scientists say b.p. could face an additional $20 billion in penalties for gross negligence. white house climate advisor carol browner joins us with the very latest. good morning to you. >> good morning. >> so the white house finally has a positive day. 100 days after this traumatic spill where you can come out and say, look, 75% of this oil has disappeared and on top of that, it looks like the static kill worked. >> there has been good news in the last couple of days. the static kill is obviously making sure the oil remains in. we remain focused on that in the next 10 to 14 days. in the meantime, what the scientists are telling us is the vast majority of the oil has been cleaned. it's been captured. it's been skimmed. it's been burned. mother nature has done its part and i think, you know, this is a testament to the response that we launch. it's the largest environmental response in the history of our country. almost 7,000 vessels, more than 40,000 people working down there to get this oil under control to clean up the beaches. we have some work we'll continue to do. we're not leaving. we're not going anywhere. in fact, i'm going down there today to florida. but there is some good news today. >> there is some good news and not to diminish that but scientists were also telling us in the early days of this spill and even as many as 40 days into it, there were these giant plumes of oil dozens of miles across they were having difficulty accounting for and they're seeing the oxygenation of the water and fish bubbling to the top. can the scientists you're relying on be relied upon to give you the information of 75% of this oil missing this morning? >> this was not just government scientists. it was our leading scientists but academic scientists from outside of the government looking at what's happened. doing some very, very careful analysis. these are preliminary analysis. we want to make them available as we've done throughout this situation. they'll continue to study it but i think what we can say to the people of the gulf is they will see less and less oil coming ashore. they're already seeing less and what comes ashore will be pretty weathered. tarballs that can be cleaned up and we'll work with the communities to make sure it's cleaned up as quickly as possible. >> miss browner, one of the great things that they've used to get rid of the oil are these disperseants. do you know how many gallons were used down there? i'm sure the government does know because they had to give the ok for it. >> there were a lot of disperseants used early on but then there was a directive to significantly reduce the use. 72%. >> in total, how many -- how many gallons or how many pounds of dispersants have been used down there? >> they were using them both aerial initially which was stopped very, very early on and then the -- i think the number was over a million gallons. we'll make sure you have a proper number but what's important to understand is when the scientists went back and look at what happened to the oil and what the vast majority was gone, disperseants did play a role but did not play as big a role as people thought. pie chart, you'll see about 8% was treated through that. >> the concern is what the health effects may be of all those dispersants now that have been put into the ocean. what will be done to assuage the concerns and the rest of the country? >> we'll continue to monitor. we've been monitoring from beginning. they're seeing no increase in toxicity. the seafood is being monitored. fisheries are reopening but only after a full study of the area to ensure the safety. i'm looking forward to enjoying some florida seafood tonight when i get to panama city. we're going -- we take this seriously. we're going to be at this for a very long time. we're not going anywhere. >> one of the concerns about whether or not something may be going away is at the end of the november, that is when the government mandated a moratorium on deep shore drilling will be drifted on november 30th but there is a report this morning in "the washington post" saying this may be lifted early and that the government is considering lifting this off-shore drilling ban early, easy for me to say. what do you say to that this morning? >> what the president has said from the beginning is we needed to take a pause. we've taken a pause. three issues we need to understand. one is how to ensure the safety of these drilling operations. how would we contain it if there was another spill? finally, how would we clean it up? we've also learned a lot. we'll look at all those things. if it's appropriate to end it early, we will do so but not until we have answers to these very important questions. >> there's no politics involved in this? because the president came under immense pressure about the job loss down there by continuing to file this moratorium even when the white house lost in court. what you're saying to us today there were no political pressure to coincidentally talk about lifting this ban on the moratorium the same day that you're making a big news announcement about the oil spill being 75% evaporated. >> this isn't about politics. this is about our environment. this is about our gulf coast communities and this is about the people of the gulf. this is making sure first of all that b.p. is held accountable. secondly, that we ensure that this doesn't happen again. and that's what it's been about from the beginning. getting this well dead. getting it closed. holding -- making sure b.p. is responsible for what they did and getting this cleaned up. that's what we've been focused on. this is not about politics. >> good news is it is not leaking into the gulf anymore and 75% of it apparently gone. carol browner, the white house energy and climate advisor, thank you very much for joining us today from the white house. thank you. >> meanwhile, her boss, president obama today will try to drum up support with labor leaders ahead of the november elections. he is joining forces, the president is with the afl-cio president urging union leaders to step up support for democrats across the country. the president will try to convince them his party can revive the economy and create jobs if given more time. many unions have expressed frustration with the administration's very slow pace on job growth. >> new reports out this morning warn that computer hackers may be trying to take control of u.s. power plants. security experts uncovered secret software designed to target power grid computers. they could potentially open doors, gates or control other components of some of america's largest power plants. steve? >> meanwhile, some are skipping out on the disgraced congressman's birthday bash. carolyn ma reasony will be attending to a family matter and representative mike mcmahan has a prior engagement. he can't go. the birthday fundraiser, fundraiser is scheduled to take place next wednesday at the fifth avenue plaza hotel. the price to dine with rang fell between $200 and $2500. listen to this, a georgia woman tied to her bed by an armed burglar is able to call for help using only her toes. 39-year-old amy windham told police in atlanta that an incruder tied her to bed but left her feet free. she was able to grab a laptop and send her boy frfriend a message. >> i had with my other toe, the power cord. my big toe was too big to hit individual keys. >> despite her quick question and incredible challenge. the burglar has not been caught. >> she happened to have a pedicure right before. >> no. >> i think she knew her feet would be on television so she went out to a manicure spot. >> all right. >> i wouldn't be so lucky if my toes came into action. >> she's ambidextrous. >> she is and lucky and very talented overhaul in the state of missouri. voters will yesterday overwhelmingly have approved prop c, a measure that exempts the state from the new federal law requiring everybody to buy health insurance or bei fined. steve has details. good morning. >> good morning. the vote here in the state of missouri wasn't really even close. we're talking about approximately a tsplit between voters. it does appear that republicans cast far more primary ballots than democrats. it was believed that this particular proposition was much more attractive to republicans than democrats. therefore, it kind of settling the question that who was motivated out to pass this? it's in all areas of the state, it appears, except the most pronounced democratic strong holds in the state of missouri, that would be kansas city and st. louis. >> and steve, are they already talking about a legal challenge whether or not prop c would be constitutional? >> there are plenty of folks that were proponents, fans of, if you will, of prop c that they were saying they were looking forward to a legal battle. i mean, this seems to run square into the -- the supremacy clause of the constitution which states that federal law is the supreme law of the land. so a legal battle is anticipated depending on who you talk to. this is a slam dunk juan way or the other. >> over 70% in this passed by over 70%, this wasn't all tea party people. these were to quote the front page of "the new york times" today, these were regular people as well. >> yeah, you need to keep in context, too, the president's job approval numbers here in the state of missouri which is actually below the national average and they're not quite very good on the national average. the aapproval numbers run in between the upper 30's to low 40's. so the president is not getting particularly a thumbs up from missouri. he narrowed lost in 2008 with 4,000 with three million cast. this overwhelmingly went the other way. >> not the kind of birthday present the president wanted. >> i wonder if they will finish the other side of the argument. >> something else that might bug you and you. two million bucks in stimulus money to study aunts! bugs, aunts scla get it. that's one of the gems the senator found buried in their southern blues report. here's next with much more. >> sikt votes for each person. happened in one town to help minorities win elections. well.e gotten by without aflac! is that different from health insurance? 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>> we're doing well. it sounds, though, the democrats not happy with your study of these projects this morning saying you guys are just playing some election year politics right now. with all of this stimulus money and you guys should be truthful and say you know what? this stuff has worked. what do you say to them? >> well, this is the third report over the last year. we've now listed 300 projects, 16 -- almost $16 billion worth of stupidity. look, anybody that spends $600 billion on our economy is going to have an impact. we recognize that. what we're saying is this -- is this is an example of what's wrong with washington. and a failed stimulus program that has us coasting now rather than growing because it didn't put money that would give the american children who are going to pay for this program the greatest bang for the buck. >> right. >> instead, we did stupid projects, spent money we didn't have on things we absolutely don't need instead of driving productivity and driving job creation and using priorities. >> and who would be surprised actually, senator, because there is so much waste going on in the government? only thing is people are paying attention to it now because everyone's pocketbooks are tighter! people don't have jobs and people are looking for money. now, i want you to listen to what robert gibbs said yesterday because he basically said that your report didn't mean much. listen to this. >> acknowledgment that most projects might not be -- >> i think there was an acknowledgment on their part in pulling a couple of their projects out of their report that weren't ultimately recovery projects. i think this has much more to do with politics. >> do you think the crowd there report? >> from what i've read, no. >> he doesn't think your report is credible. 10 things were erroneous. were those 10 part of the 100 you exposed yesterday? >> well, what they had was a draft and we always get it out there acorrode of time and so we're not perfect either but the fact is, i think, two of them were inaccurate. they were changed. and you know, there's thousands to put in a report. we put the ones that are kind of humorous in the ones that are treatme treatme experiencing it. >> mr. gibbs knows i don't mess around when it comes to stealing money from our kids and grandkids. if he wants to defend this kind of stuff, that's exactly -- this isn't political. it's too serious to be political now, guys. we're $13.4 trillion in debt and growing. and this is the kind of waste that people are sick and tired of. if in fact we're gonna have a stimulus, let's have one that fixes some of the 283,000 bridges that are broken in this country rather than waste it on stupidity. >> yeah. >> and millions of dollars on international fire ant research. senator tom coburn, we appreciate you joining us this morning. thanks so much. >> you're welcome. good to be with you. >> good to see you. a judge promoting his own agenda giving certain candidates six votes in order to promote diversity. is that fair? we're debating it next. >> in 1979, donna summer had the number one hit in america "bad girls". >> oh, my goodness, that one is so good. it's tough to get enough servings of vegetables every day if you don't always like the taste of them. good thing v8 v-fusion juice gives you a serving of vegetables hidden by a serving of fruit. [woof woof] v8. what's your number? >> a town in new york state holding an unusual election where residents were allowed to cast six votes and they could use all six for the same candidate if they chose. and apparently, a lot of them did. this system was ordered by a federal judge to boost minority representation. get more minorities elected in. randolph mclaughlin was instrumental in making this process happen. his client filed a complaint years ago with the department of justice that led to the voting rights lawsuit and the judge's ruling. and bart didden won a seat on the board due to the town's new voting practice but doesn't think it's such a good idea and they both join us live. bart, you think this thing there in portchester where everybody who votes gets six votes, it worked to your benefit because you were elected but you think it's nuts. >> i do, steve. i used it for my advantage because i ran as an independent candidate even though i'm a registered conservative and i had to overcome voter apathy. 70% of the people don't vote. >> right. >> those that do, some don't understand the candidates so they come in and vote their party line that they're registered to as an independent, i had to overcome all that and the cumulative voting was the only way i could see that i could stand a chance at winning. >> sure. randolph, he mentioned voter apathy. this particular town, half the residents are hispanic and hispanic has never been elected before because a lot of whites voters -- the voters were mainly white who showed up. and whites were elected. >> well, the -- what the judge found was that not only were whites showing up to vote but they were voting against hispanic preferred candidates. let's be straight forward. mr. didden was the most successful candidate in this election. he got more votes than anybody else. so in that sense, the cumulative voting method benefited him. he was able to get his voters out. >> isn't the key, if the hispanics want to be elected, they should get the vote out. that's just how politics works. >> in an at large system, what the voting rights act says, it's very straight forward. at large system where whites refuse over time to vote for hispanic candidates, the system has to be changed. that's all the judge did here. >> ok. so now, bart, you're part of the system where everybody gets six votes. congratulations. >> well, thanks. but i don't think that hispanics vote against whites. i walk the streets, knocked on hundreds of doors and i spoke to everyone. i didn't play games by -- >> the key is voter turnout. you got to get everybody to turn out and if half the town doesn't turn out, that's a problem. great debate today. thank you very much for joining us live. >> thank you very much. >> thanks, guys. >> all right. straight ahead, the document was supposed to be a secret. directions on how the president could bypass congress to give amnesty to illegals. this morning, the secretary of homeland security responds. then a stunning statement by a congressman. if an army private charged with leaking classified materials to wikileaks is found guilty he should be executed. i'll parkhis in a spot reserved for me. it's got 26,000 miles on it now, but i'm gonna take it to a thousand million. 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[ female announcer ] kids who don't eat breakfast may not be getting the nutrition they need to keep their bodies strong. a nutritious start to the day is essential. that's why carnation instant breakfast essentials supplies the nutrients of a balanced breakfast. so kids get the protein and calcium they need to help build strong muscles and healthy bones. ♪ carnation instant breakfast essentials. good nutrition from the start. delicious, real ingredients with no artificial flavors or preservatives. naturals from purina cat chow. share a better life. >> gretchen: hope you're having a fantastic wednesday, august 4, 2010. a fox news alert, while you were sleeping, guess what? success in the gulf. bp's static kill appears to be working and a new report says 75% of the oil now gone. is there a political motive behind the release of this good news? we'll report and you decide. >> steve: meanwhile, enforcing illegal immigration going to extremes. there is talk of changing the u.s. constitution. the senators behind the plan and why it is gaining support straight ahead. >> dave: and he's charged with leaking secret war documents to the web site wikileaks. now a congressman is calling for his execution? "fox & friends" starts right now. >> i'm debbie phelps, and you are watching "fox & friends." >> steve: thank you very much. now there is somebody who made many very large breakfasts because remember when michael phelps was winning all the gold medals, he was consuming 6,000-calorie has day. >> dave: that's what i eat and i don't work out. >> gretchen: we had one of our staff members eat that 6,000-calorie breakfast during the show one day. i was getting ill watching him. but he made it and then he went out for lunch. >> dave: and he won a gold medal >> gretchen: fox news alert because as i said in the lead in, bp declares the static kill procedure has been a success. on a through quarters of the oil in the gulf is already gone. adam shapiro joins us now live from louisiana. adam, finally some good news coming out of the gulf. right? >> it is good news, but not the end of the story. let me bring you up to date on the headlines, but also what's happening. this is one of those staging areas where bp has several different things going on. these are the vessels of opportunity, they call them, the men and women who go out into the marshes and actually clean the oil. you can see some people getting ready to go out. this way, even though that noaa report, they leaked a copy of this report to the "new york times" saying basically 75% of the oil has either been collected, burned or evaporated. but there is still oil out there t. that's why they've got all the boom in place and different command centers throughout the gulf coast. the big news overnight was bp said they had indeed succeeded in their static kill. essentially what they've done is heavy drilling mud. it's a heavier liquid pushed the oil back down into the reservoir below the surface, below the bottom of the gulf of mexico. what they have to do now is determine if they're going to inject cement into that well and then even then it's not done. mid august those relief wells they're drilling will intercept this well and once and for all they'll inject cement and kill it so we don't have to come back to louisiana on this story. the story is not over because there is still thousands of people trying to get their livelihoods reestablished, get their money from bp. carol browner from the white house was on your show this morning talking about these issues. here is what she said. >> this isn't about politics. this is about our environment, this is about our gulf coast communities and this is about the people of the gulf. this is making sure, first of all, that bp is held accountable. secondly, that we insure that this doesn't happen again. that's what it's been about from the beginning. getting this well dead and closed, making sure bp is responsible for what they did, and getting this cleaned up. that's what we've been focused on. this is not about politics. >> again, i want to show you that the clean-up efforts here, you can see people still going out -- they'll tell you, there is oil out there despite the reports from the government that most of the oil has essentially burned off or been collected or at least evaporated. that pretty much wraps it up for now. we're here all day and as soon as bp makes a decision about the cement, we'll let you know. >> gretchen: thanks, adam. the reason we asked carol browner about the political question is because by happenstance, the government saying they may lift the six-month moratorium they had on offshore drilling and was that political pressure because so many jobs have been lost as a result. >> dave: and there is an election coming up. >> gretchen: good point. refuting the grenade attack on president ahmadinejab, telling one news agency, it was just a fire cracker. arab tv and conservative iranian web site reported a home made grenade was tossed at his convoy as it drove to a stadium. ahmadinejab was reportedly not injured. we are learning more about the gunman behind the massacre in a beer distribution plant in connecticut. family and friends of 34-year-old omar thornton say he complained of racial discrimination at work. >> he's had some instances at this company where he was, some racial overtone there is with the n word, hanging nooses in the restroom, writing stuff on the mirror, stuff like that. >> gretchen: right after the shooting before he kild himself, he allegedly called his mother, saying, quote, i killed the five racists bothering me. nine people died in this shooting, including the gunman. union officials say there are no records that thornton filed any complaints of racial discrimination. new polling in connecticut shows republican senate candidate linda mcmahon cutting into the lead of democrat richard blumenthal ahead of next week's primary. a survey of registered voters shows blumenthal had the lead still 50 to 40. two weeks ago it was 54 to 37. blumenthal claimed he served his country in vietnam, but did not. coming up tomorrow, a "fox & friends" exclusive. linda mcmain will join us live on the curvy couch. those are your headlines. >> dave: congress may be on recess away from washington, away from the dreaded swa, but that hasn't stopped them from doing a lot of letter writing on their vacation because something has emerged. a memo from the department of homeland security, which is causing a stir in washington, even though they're home. this memo could go around congress to point to the obama administration is looking to provide amnesty to illegal immigrants without getting congressional approval. >> steve: how handy. so the department of homeland security secretary, janet napolitano, was asked about this. what's up with that? and she is trying to make it clear. look, this never got upstairs. this was worked out by staffers at the lower level. it was addressed to somebody, but never sent to the guy who heads up the u.s. citizenship and immigration services, which is a division of homeland security. anyway, i think we've got a sound bite of her trying to say, look, this was not at the white house. this was down here low level people talking about it. >> no one should ever mistake a draft memo that lists options which ultimately in departments float around and are raised at different levels for official policy or decisions. part of the process is elevating ideas and then weeding out and getting the ones that actually work. >> gretchen: not really. come on, if you work in a company, you know that that kind of a fire storm idea is not something that a low level employee just decides to draft a memo about, unless there is some sort of thought process or approval that's gone on from above. now seven senate judiciary commit republicans drafted this letter to the chair of that committee. patrick leahy from vermont. we're concerned about the options outlined and are troubled that the executive branch could be engaged in an effort to inappropriately expand its authority to insure illegal immigrants are not removed from the united states and given access to benefit, including potential green card status. very interesting. >> steve: the white house says in the form of robert gibbs, says, look, we are not interested in amnesty. he said that on this program. he said that they would like the full congress to work on comprehensive immigration control and reform. >> dave: republicans want congress to work on some other form of constitutional control. that being the 14th amendment to the united states constitution, basically the anchored baby amendment. that's where a lot of republican congressmen now coming forward saying, we should rethink the 14th amendment, which was put in place after the civil war to insure the southern states wouldn't count out -- due process. so if they were born here, the slaves had babies and they were born in the united states, that they wouldn't be considered not citizens of the united states. >> steve: so you've got this amendment that was added to the constitution in the 1860s. that was passed, the original drafting of the constitution, so why not go back and rethink because times have changed? here is senator tom coburn talking about rethinking the whole rights of babies born in this country to illegals. >> if you go back to the history of the 14th amendment, why was it passed? why did we take away from the states the right to determine citizenship and give it to the federal government? it was because we were worried states in the south would disenfranchise newly freed slaves. there was never an intent by our founders nor if you take a reading, that just because you were here and had a child born here and you were here not as a resident that your child would become a citizen. i think it's an interesting thing to look at. >> dave: it's an election season. >> gretchen: it's such a hot potato political thing. no doubt this is coming out of the whole arizona situation because people there were upset in support of jan brewer. they got upset when that ruling came down a couple weeks ago that said they really couldn't use that law. so this is going to continue, folks, i think, until we finally get immigration reform, what is it is in this country. national council of laraza, they don't agree. they say we fully intend to push back on these efforts. it's an affront to the constitution. to see this kind of challenge should give us all pause to know if we thought the court case in arizona resolved anything, we were mistaken. >> steve: meanwhile, patrick leahy, who heads up that committee that would hold the hearings, he was asked, are you going to have hearings on the topic? and he answered no. not before the election. shocking. >> gretchen: let's talk about the wikileaks fallout because that army private first class bradley manning, he is currently being held right now, although not officially charged with the wikileaks situation. he has been charged with a different offense from leaking a video a few months ago. now congressman mike rogers, a republican from michigan, actually believes that something really bad should happen to manning if, in fact, he is convicted. here is what he thinks. >> we know for a fact that people will likely be killed because of this information being disclosed. that's pretty serious. i would absolutely, if they won't charge him with treason, they ought to charge him with murder. >> isn't treason in a time of war a capital crime? >> yes. i would support it 100%. >> steve: you know, pfc manning, if he did leak these particular documents to the wikileaks people, he probably should have thought this through because if he were convicted of something, issue and by the way, we're trying to do a tv show over here. >> gretchen: the political panel is getting all excited for the next segment. >> steve: he should have thought this through. treason, aiding and abetting the enemy are very damning charges against anybody. >> gretchen: his defense, they've already leaked, will be that he felt he was helping the country. that will be the other side of the coin. >> dave: the other side of the coin, in addition, is that this is all procedural stuff. this is 91,000 documents and pages of just procedural stuff that really won't have any sort of impact. >> steve: but if the government can prove that some of the information contained in that leaked information led to the death of an american service person, that kid is in big trouble. >> dave: absolutely. >> gretchen: coming up on the show, the journalist who ended general mccrystal's career wants to report on the front lines. should he be allowed? we'll tell what you the military decided. >> steve: then check out this new poll. 84% of americans think the country is going in the wrong direction. 64% of our elected officials think it's going in the right direction. our noisy political panel is going to weigh in on the disconnect coming up next on "fox & friends." # >> gretchen: check out this new poll that shows 84% of americans believe the country is going in the wrong direction. compare that to politicians, what do they think? only 67% of them think the country is going in the right direction. so that's 151 point difference much what's up with the disconnect? joining us, a democratic candidate for u.s. congress, brad thorpe, political thriller writer, and david polluck, democratic strategist and former u.s. campaigner for barak obama. correct? >> that's correct. >> gretchen: good morning to you all. >> good morning. >> gretchen: we see this poll and we see this massive split in what members of congress think about the way in which the country is going and what actually the american people think. we've been talking a lot about that, david, with regard to the president and what the polls say about some of his policies and what actually he continues to do. how do you rationalize this disconnect? >> look, clearly the country has been head hadding in the wrong direction for a while and barak obama has been there a year and a half trying to turn things around. it will take time and we're seeing some of the results. if you look at this poll, first of all, we don't know what the wording is. it's hard to react to it. but we have to see whether or not the people think that the country is actually going in the wrong direction now or whether it's the politician's fault. >> gretchen: brad, it sounds like -- david is byob, blame it on bush. >> this is crazy. this doesn't have to deal with how polls are worded, it doesn't have to deal with, well, let's give people time to see how barak obama is doing. they jammed through the stimulus bill, the health care reform -- >> what would have happened if we didn't have the stimulus bill? >> how many job have been created or saved? it's a bogus number. >> do you know what would have happened in new york state? unemployment would not go above 8% is what we were told and look where we are now. >> gretchen: let me bring you in. >> i don't think it's about barak obama. it's about congress. people are so sick and tired of the politicians in new york and in albany. >> gretchen: wait a minute, you don't think barak obama can be thrown into that mix? his approval rating at 41% today. >> i don't think congress has done its job and i think people, the people are more concerned with keeping their jobs and they're sacrificing their integrity instead of fighting for measures. >> gretchen: you're going up against an incumbent and the elections were held in three states yesterday and the incumbents lost. kilpatrick lost. >> yes. people want new ideas and they want new leadership. they want democracy back to the people. they want people who will fight for them. they haven't seen the type of changes that they need to see in the economy. we have record unemployment in my district. double digit unemployment. we don't have a long-term vision coming out of congress on how to fix that. >> gretchen: another topic, this is what it will be, the mosque near ground zero gets the green light despite opposition. so does a memorial to the victims of 9-11 at the mosque make the location okay? then a nun is killed by an alleged drunk driver. police say the driver, an illegal immigrant who has two other d.u.i arrests. now homeland security is launching their own investigation, but are they actually to blame? why did they let him go beforeum that accident? >> gretchen: welcome back. that controversial mosque proposed to be built at ground zero got one step closer. backers of the project are trying to offer an olive branch to 9-11 families by including a memorial on site. but is that enough or should they just move the mosque somewhere completely different? we're back with our guests. brad thor, political thriller writer, and david polluck, former new york campaign chair for the obama campaign. let me start with you, brad, because you are hot under the collar. >> i am very hot. >> gretchen: you could care less if they do a memorial. you don't care what they do. it should not be there. >> it's like rearranging deck chairs on the queen mary. we would never allow a japanese friendship center to be built at pearl harbor. the founding fathers would not have allowed a statue to king george. islam insists are always saying respect us and riot. well, we bend over backwards and change justice to not insult muslims. for once, for once in the public area, let's see islam give something back to the rest of the world. we always bend over backwards for them. let's see them do something. they can move the mosque somewhere else. we're not saying don't build the mosque. we're saying it's inappropriate. >> gretchen: i gave the enology in the break, what if you tried to build a church in saudi arabia, that wouldn't fly. and david, you said what? >> there is a difference between the two. i understand and agree with a lot of your points. i'm uncomfortable by this location and i empathize with people who are upset by it. the question ultimately comes down to, does the federal government or the state government actually intervene where it place of worship is. >> we agree that they have the right to do it. but we're saying is it the right thing to do. it's not what are the rights. >> gretchen: she wrote an op ed on this thing. your thoughts? >> i think mayor bloomberg said it the best. when you let popular sentiment prevail, the terrorists prevail. this is a nation built on religious tolerance. we are a country of respect and religious freedom. and i think we lose our values when we, again, cave to popular sentiment. >> the first war we fought outside the united states, we went to war with islam, thomas jefferson. the founding fathers did not intend for the first amendment to protect a political ideology that wants to rip apart what the first amendment is. >> the republicans have used this issue politically. newt gingrich and sarah palin are raising campaign contributions based on that. that's wrong. >> all your examples, whether it's japan or king george, they're not religious examples. it's the difference here (. >> there going to be a synagogue and a church in there? >> gretchen: there is much made in the last couple years about how christianity gets the bum rap here in america when 70 some percent of all americans are christian. so would you all agree then that christianity should get the same fair shake when -- we debate that every week on this show. >> absolutely. >> this isn't a question about government being able to say yes or no. i agree, the first amendment does protect their right to do this and i wouldn't argue with the right. what i'm saying is, is it the right thing? islam is always demanding we be sensitive to them. >> gretchen: david, since you're in favor, do you have any problem where the funding is coming from? >> i'm not in favor of it. i said i understand why. >> gretchen: but do you have any problem with where the funding is coming from and any connections to terrorist organizations? allegedly. >> i think everybody should be vetted. i think we need to make sure none of the fund something coming from any terrorist organization. >> gretchen: how would we do that? >> i think we need a process. >> gretchen: who will do that? >> i think this is where the community board can get involved. >> gretchen: the controversy continues. what a great discussion. thank you all for being here. >> thank you. >> gretchen: coming up, with the job market down and the midterm election weeks away, the president desperately trying to win back union support. his plea on behalf of the democratic party next. should the government allow that rolling stone reporter back into afghanistan to follow our troops again? and they're calling them the wal-mart of weed? what? massive marijuana factories in california, we're going to be joined by the man behind the plan. why he thinks this could save the state's economy. >> steve: welcome back. we're delighted you would join us. in two hours, president obama will address labor leaders in washington. in an effort to gain union support for democrats ahead of november's midterm election. molly henneberg is joining us right now from the white house where it is noisy usually about this time. we'll try to hear her. >> good morning, steve. president obama will be speaking to the executive committee of the afl-cio today. that group has a meeting here in washington. the president is trying to keep that key element of the democratic base in the democratic column come midterm election time. the president and other democrats have counted on and are counting on unions to provide money and votes. he'll likely talk about the administration's efforts to get people back to work and count his accomplishments, for example, on the new health care legislation. but unions have not been completely happy with the obama administration. they want a government-run health insurance plan in the health care legislation. it wasn't there. and they want the employee free choice act, or card check, as businesses call it, to pass. that makes it easier for workers to unionize. so far, stalled in congress. to keep the rank and file in the democratic camp, the head of the afl-cio, told union leadership on tuesday, quote, we need to tell our union brothers and sisters we know you're angry. we know you're frustrated. we know we haven't achieved everything we worked for, but we made progress and we have to keep it going. president obama, who is celebrating his 49th birthday today, likely will tell the afl christian cio leadership to, quote, look forward and not look backwards, as he told a democratic fund-raiser on monday. steve, back to you. >> steve: monicathank you very . >> gretchen: voters make their primary picks, choosing senate and gubernatorial candidates in michigan, missouri and kansas. in michigan, another incumbent goes down, representative carol lynn cheeks kilpatrick lost. in the governor's race in michigan, rick snyder took the gop nod, while verge vanero won. carnahan became the senate candidate and roy blunt took the republican race. in kansas, senator brownbeck became the republican pick for governor, defeating joan heavyington. lisa johnson and republican representative moran are the state's senate candidates. clayton? >> an investigation now coming from the top into the release of an illegal immigrant suspected of killing a virginia nun in a drunk driving crash. president obama's secretary of homeland security, janet napolitano, is asking why police released the suspect, carlos montano, considering he's in the country illegally. officials say regulation in washington is partly to blame. >> congress for years has divide immigration enforcement to where it doesn't have the funds to deport an illegal alien who commit add crime. the only time they do that is if they've commit add violent felony. >> the department of homeland security released a statement saying they regret the loss and napolitano expect has full review of the release. >> steve: check out this video. twin water spouts forming near the miami area. no one was injured. there were no damages, but really cool pictures at the top of your screen. >> like a floating cow. >> steve: utterly ridiculous. we have a little rain across the northern central plains, a little action down portions of florida and widely scattered stuff from the mid atlantic up through portions of the northeast. that's your travel cast. >> gretchen: thank you. the government has rejected michael hastings' request to be imbedded with troops in afghanistan. you remember wrote the rolling stone article that helped end general mccrystal's career. the pentagon says he can no longer be trusted to respect the rules of reporting. mccrystal was forced to resign his post in afghanistan after slamming obama administration officials during the interview with hastings. >> steve: meanwhile, take a look at this. going to pot. it's like costco for pot. oakland, california approving a plan to build four large factory marijuana farms for what they claim are economic reasons. oakland would become the first city in the nation to authorize wholesale pot cultivation. the guy who proposed the plan, entrepreneur jeff wilcox. he joins us live this morning from san francisco. good morning to you, jeff. >> good morning, thank you for having me on. >> steve: tell me why this is a good idea where you would have this gigantic pot farm. >> it's a good idea for a lot of reasons. one, cannabis is in our community and it's been here for a long time. it's a management issue. oakland needs the tax dollars. oakland needs the job stilt haitian. so the city was real behind this. >> steve: does oakland need the moniker of the pot capital of the free world? >> i think oakland has taken the first step and they're committed to manage this correctly. we already have legal medical cannabis in california since 1996. and that's been going well for oakland. >> steve: if you had a great big pot farm -- and how big would it be? >> my property is approximately seven acres and about 170,000 square feet. like oakland, there is a lot of unused industrial property that goes wasted and sits for a long time. this is an opportunity for oakland. >> steve: let me ask you about this. the reason i asked about this scale and the size is i know with the medical dispenserries out there, medical marijuana dispenserries out there, because you do have cash and you have a lot of pot. some of these operators have been murdered and robbed and stuff like that. what sort of security are you looking at? are you looking at a great big fence around this place? >> the site is very secure. the security comes from actually some of the local law enforcement with some of their insights on how to do this. so really security, what we're trying to do is take the cash out of this and make it a legitimate industry. >> steve: jeff, i want to you listen to a fellow from out in your neck of the woods, bishop ron allen, former drug addict and he thinks that the council passing this measure is a enclosessal mistake. listen to this. >> the city council has become drug lords. it's amazing they want to now cultivate, package and distribute marijuana. it seems to me that this is the same thing that the mexican cartels are doing. is it any wonder why oakland is the murder capital of the state of california? >> steve: okay. there is the bishop. jeff, what do you have to say to that? >> i disagree with him. what oakland is trying to do is to manage this problem correctly. we've had a war on drugs for a long time. it's not succeeding. so oakland is really looking at taxing and regulating this and doing it properly. >> steve: i don't know if so far it has been done properly when -- i know the california police chief's task force on marijuana came out with a report last year and i'm sure you've seen it. all we have to compare it to right now, what you're proposing, are these dispenserries that have been set up across the state. they attribute these dispenserries for robberies, money laundering, murder, operations have been tied to organized crime, gangs and stuff like that. so so far, it doesn't sound like it's working. >> i disagree. it is working. but if you look at what happened back in chicago during prohibition with al capone, that was a real mess. we've got a similar situation. this could be managed better. >> steve: yeah. i guess so. but -- >> the current situation isn't working. >> steve: you know, the current situation out there, jeff, is the fact that pretty much anybody could go to a shady -- out in california, could go to a shady guy who is one of these dispenserries saying, you know, i've got a headache and i could really use some pot. the next thing you know, he'll wind up with a prescription for that stuff and he'll get it. that doesn't seem like that's the way it's supposed to work. >> no, it doesn't. i agree. that's why i think we should call an ace an ace. you need to really clean this up. one thing that proposition 19 will do for california is to give a state's rights where we can actually do things and follow them correctly per the state's laws. >> steve: all right. it's great to hear your perspective. jeff wilcox, the president of agrimed in the oakland, california area. thank you very much for joining us live. >> thank you. >> steve: what do you think? do you think it's a good idea or do you also worry, like bishop allen does, that oakland will become the biggest -- the city people will wind up becoming the biggest drug lords lords in ame? >> gretchen: the only thing i think is the idea that we'd be talking about growing pot to save the economy in california is unbelievable. who would have thought we would have come to that in 2010? >> yeah, or taxing soda. e-mail us. coming up, he's an american who declared holy war on our country, the president may have even approved his killing, his execution. now the c.i.a. could be forced to call off its search for anwar al al-awlaki because of a request by his family and the aclu. does this man have any rights? peter johnson, jr. is here with his analysis. >> gretchen: governor pawlenty wants english to be the official language in minnesota. it's all about the economy, he says. why he thinks it can save his state big bucks. >> gretchen: couple headlines. minnesota governor tim pawlenty wants to make english the official language of his state. he's proposing the change one week after the small community enacted the rule, claiming it helped save money by eliminating translation services. they already have 19 kids and the dugar family is ready to go public this morning. no way. saying they're ready for child number 20. michelle told radar on-line, that would be wonderful. the family of arkansas is currently shooting the fifth season of their tlc reality show. that is a fertile myrtle. clayton? >> clayton: no thank you. i can barely handle one. listen to this. three of the 9-11 hijackers attended his sermons. he exchanged e-mails with the fort hood shooter and allegedly met with the christmas day bomber. the south government wants anwar al al-awlaki dead and has him on their hit list. but his father and human rights attorneys think otherwise and are suing to get him off that list. does the accused have any rights at all? let's ask one man who knows that answer. fox news legal analyst peter johnson, jr. shares his insights. >> good to see you. >> clayton: this guy, you listen to this guy's sermons, he's off the reservation. and he's on the list as a terrorist. does he have any rights at all legally? >> well, we have killed american citizens in the past in this country in drone attacks who we have considered to be terrorists. >> clayton: americans? >> americans have been killed in the middle east as a result of their terroristic activities and reportedly mr. al al-awlaki, the cleric, who is now recognized leader of al-qaeda of the arabian peninsula is targeted for death and allegedly the president has authorized his death. now his family has retained the aclu and the center for constitutional rights to go into court and say to a court, listen, in spite of what my son has said about jihad, and let's see what he said about jihad did she it did she. >> clayton: here is what he has said. this is one of his audio taped messages. he said i could not reconcile between living in the united states and being a muslim and i eventually came to the conclusion that jihad against america is binding upon myself. >> so, we have statements from this man with regard to jihad and so they want to go into a federal court and say, in spied of jihad and in fight of fort hood and in spite of christmas day and other associations, in spite of 9-11, he has a constitutional right as an american not to be killed by a drone attack in yemen. >> clayton: do they have a right, aclu saying targeting americans for execution without due process while at the same time obstructing lawyer's ability to challenge that policy is fundamentally unamerican and libertarians would say the same thing. >> i don't know if libertarians would say the same thing. they say a lot of things. but if you believe the foreign policy of the united states, if you believe that the war powers of the president, if you believe that the president of the chief executive of the united states should be guarded and guided by the rules of arbitration, by the rules of small claims court, by the rules of hiding behind the constitution when you're an avowed jihaddist, an enemy of the united states that somehow you can go into the federal court and say, i need protection for my son, you're violating his constitutional rights, even though he has explicitly and reportedly and repeatedly said that americans should be killed, that he believes in that, that he's been part examine parcel of associations with people who have allegedly done that, if that person is worthy of federal court protection, then the constitution should be shredded and it will be shredded, in spite of what libertarians say. the constitution is not a document to protect people who need to destroy us. >> clayton: i think i get your bottom line. you wouldn't defend this guy, if someone -- >> personally i wouldn't. but you have to make that determination as a lawyer. we defend people who are very often guilty, who have a right to a defense. but we're not talking about a criminal charge. that's the difference. we're talking about someone who is an enemy of the state and the conduct of the president should and is protected under the state secrets privilege, under the president's ability to conduct war as a commander in chief and a bunch of other protections. so in my mind, this is a phony lawsuit. this is an offensive lawsuit. the aclu, which i think is a great organization for a lot of people and a lot of people are underprotected should butt out. this is about americans living and dying. >> clayton: peter johnson, jr., always great to see you. >> good to see you. congratulations on the new baby. >> clayton: thank you very much. coming up, mlb all star darryl strawberry is live on the plaza showing off his skills. first, let's check in with martha mccallum for what's on at the top of the hour. >> hey there. thank you very much. we have the battle over the new york mosque. deborah burlingame's brother was the pilot of the flight that went into the pentagon. she joins us with what she will do now to continue that fight. the president's poll numbers hit a new low. spirit airlines says there is one thing you'll never have to pay for on their flight, when bill and i join you. >> steve: we're outside right now because former baseball all star darryl strawberry is stepping up to the plate. the key word plate this week. he's got his own restaurant. strawberry sports grill, it opens tomorrow and the legendary darryl strawberry joins us this morning. good morning to you. >> good morning. how are you doing? >> steve: you've been to the plate many, many times. now you'll serve up clean ones. >> this is a good one. we've got the strawberry burgers, double burgers with chopped brisket that goes in the middle? >> steve: chopped brisket? >> yeah. you put it in the middle here. >> steve: is this one of your favorites? >> this is the strawberry burger because it has to do with my foundation. part of the proceeds go to the darryl strawberry foundation for children affected with autism 123-4820% of all the burgers you sell, proceeds go to the darryl strawberry for autism. >> gretchen: the other big thing if people want to check out the sports grill that will be opening in new york today, is that you have tons of memorabilia there, too. this is like going to a museum. >> it is like a museum. it's a wonderful place. state of the art, all the great baseball sports of new york, football sports. hall of fames, it's a great memorabilia place. the atmosphere is a great place for people, families to come with kids. >> steve: so what you're saying is, where families come, you want strawberries to become effectively the new cheers, where everybody knows your name. come on, let's go to strawberries! >> why not? it's right in queens, by the train. i mean, it's a great atmosphere. 16 platinum tv's. of course, we know football season is coming up. we've got "fox & friends," everybody. it's probably on "fox & friends" right now. >> gretchen: before you go, we've seen you, but not since george steinbrenner passed away. i know that you always thanked him for giving you a second shot. what are your memories of him now? >> like a father figure. a man that's a true icon in the city, who truly cared about his people and the most important thing is was winning. i think that's why my life went in the direction it's gone in because the impact he had on my life. >> clayton: this is cooking on the grill? >> it's a burger cooking. let me grab it off the grill. >> gretchen: clayton is going to say good-bye to your burger. >> that's a big burger. you put a little sauce on top of it. some onions on it. >> steve: that looks good. >> you go to work and -- >> gretchen: the final product, right when we return. >> steve: darryl strawberry will be on the after the show show. >> gretchen: he was just inducted into the new york mets hall of fame. we'll talk about that and his new restaurant after this. see you tomorrow.

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