saturday. >> they couldn't get a judge from arizona to sit in because an arizona judge was shot. they were all -- they were tight with him. they said we can't do it. we'll be biased and they had to pull in a judge from outside and into the courtroom goes this character. and he's -- looks even more maniacal than you can possibly imagine. it's like he's playing the role of a maniacal killer which is exactly what he seems to be. he's accused of killing six. he was asked directly, do you know you could be facing the death penalty? he said yes. his parents were not in the courtroom. but you can just see him in a tan jump suit. >> yeah, apparently, his parents and this is according to a local radio station out there. they had no idea that their son was in this kind of condition. now, apparently, the father may actually issue a statement. he has already written it. they may release it, perhaps, later on today through the sheriff. speaking of the sheriff, right now, this guy is housed in phoenix, arizona and the sheriff there. the feds have decided since joe arpaillo is a high profile guy and this guy is also very high profile detainee, they've decided to keep him in some sort of federal facility 25 miles north of the sandra day o'connor courthouse which is where he appeared yesterday. >> one of the most important facts yesterday is what political persuasion this suspect has. he's registered as an independent voter and he didn't even vote in the 2010 elections. that's very important. >> politics might not have played a role. >> probably not. i mean, as we told you yesterday, he was obsessed with gabrielle giffords, the congresswoman, since way back in 2007. so a lot of this stuff about, well, this had a lot to do with the talk that went on during the 2010 elections doesn't play into the maniacal mind of this guy. >> some people that know him came forward yesterday and was talking. this guy told a magazine the morning before he shot, friday morning or saturday at 2:00 a.m., he called and left a message on his voicemail saying hey, man, it's me, jared. we had good times. peace out, later. immediately thought he has to be behind the shootings. he also said -- would also say things like when he did go up to the congresswoman, he did say he had a problem with her. when he went up to her, he said what is government if words have no meaning? and she had no response. what do you say to something as ridiculous as that statement. >> sure, absolutely. speaking of the congresswoman, the good news yesterday was she gave the people in her hospital room a thumbs up and that caused -- that be described a party in the room. you there see the safeway on saturday arch. mike tobin is live outside university medical center in tucson with lathe latest on the congresswoman. good morning. >> lots of encouraging news from the hospital. two of the shooting victims have been discharged from the hospital. only one of the shooting victims remains in critical condition. that's congresswoman gabrielle giffords. doctors will from time to time bring her out of anesthesia. she's on a ventilator so she can't speak. she's able to communicate through simple gestures like squeezing the hand and giving the thumbs up. three days now, condition holding steady and doctors are encouraged. >> with regard to congresswoman giffords' recovery at this phase in the game, no change is good and we have no change. that is to say she's still following those basic commands. on top of that, the c.a.t. scans are showing there's no progression of that swelling. we're not out of the woods yet. that swelling can sometimes take three days or five days to maximize. but every day that goes by and we don't see an increase, we're slightly more optimistic. >> spontaneous memorials continue to pop up around tucson. candlelight and memorials here at the hospital and the office of congresswoman giffords. teddy bears where 9-year-old christinea taylor-green attended. >> thank you very much, michael. >> you spoke about the president, let's tell you a little bit about his schedule. the president and the first lady will visit arizona. it's going to happen on wednesday and the president putting aside politics right now during this tragedy. he reached out to the governor of arizona yesterday, jan brewer. despite the sort of stand-off that they've had between each other with regard to immigration. here's what jan brewer had to say yesterday. >> wanted to let me know that they were thinking of us and give me and the state of arizona his condolences. very, very cordial and concerned. told me that he would give me whatever that i needed and be sure it was investigated, that this would be investigated and followed through. sending out director mueller to head out the investigation for the f.b.i. and that he's arriving shortly and that if we needed anything to be sure to get a hold of him. >> you're looking at some of the moment of silence yesterday on the south lawn of the white house. we understand that apparently tomorrow night's program starts at 6:00. it's going to be at the mckale center at the university of arizona. they're obviously expecting a capacity crowd. the event is called "together we thrive, tucson and america." and it will pay tribute to the victims. >> compared to what other people are saying from -- on the democratic party, the president's tone has been perfect. he talks about coming together. this is the time when americans usually are at their best. he talked about -- he cited all those who took down the shooter. he went on to say the woman that knocked the magazine free and the three that knocked the guy down, the 74-year-old that tackled -- grabbed his left arm. i just think that -- and when he talked about intern who we interviewed yesterday, daniel hernandez was able to give first aid care immediately at the scene and he cited all that while sitting next to nicolas sarkozy. if you look at his remarks on saturday, he struck the perfect tone going here wednesday, canceling his big visit in saudi arabia that is recovering in a new york hospital. also a great move. >> a lot of people have said maybe this will be symbolic of how president clinton handled the oklahoma city bombing situation. if you hearken back to those times, he had a similar type of election that president obama just had, a shalacking of sorts and he used that opportunity to bring the country back together. that appears to be the way in which president obama is approaching this. however, there are other people within his party who are not approaching it that way. and are turning the blame to the republicans for this shooting happening. having happened and now we just told you this guy was a registered independent. he really had no association with the tea party or anything like that. but already, those accusations are coming out almost immediately. >> they seem so inappropriate. so inordinate when you bring up rush limbaugh and bring up everything that people might see. might be a target. might have been that they believe might have incited this man who seems by all accounts to be a psycho path, sociopath. clearly boomerang in the long run. brit hume rang in with that very response on bill o'reilly's show last night. >> in 1995, bill clinton whose party just suffered a terrible repudiation in the polls much as the democratic party has just suffered in this past election was confronted by -- with the horrible calamity of oklahoma city and many people marked his political recovery from his response to that and his response of that came in two parts. one was he went out there, he was at the service, the memorial service out there. he spoke eloquently. he acted with compassion towards the families and all who were affected by that and that was bill clinton at his best. at the same time, he attempted through various things he said to pin the blame on rush limbaugh and other spokespeople on the american right. that went exactly nowhere. it didn't resonate. it didn't affect rush limbaugh who remains to this day the king of talk radio. >> indeed and we heard two days ago from the sheriff who first brought out the whole idea, the vitriol and the right wing talk and stuff like that. he said to megyn kelly a couple of days on this channel when she queried him, did you find evidence, do you have evidence that links this guy to either party or any political ideology and the sheriff said no. no evidence. just his opinion. it will be interesting to see how much longer this runs because so many people think it's just distasteful. >> talk about some other interesting connections that have come out of this tragedy and that is sofia bush, you may know her from some tv shows, i think she's on "one tree hill." she's the second cousin of the little 9-year-old girl that died in this. she talked about the message that she wants to get out there as a result. >> incredibly important that we get back in touch with our emotions and we start being a little kinder. that the news stops being a breeding ground for violent rhetoric. it needs to change. and we're really seeing what's going to happen a lot more. you don't want to live in fear every day, you know, you don't want to have to walk through a metal detector to get into every building on the streets. but nobody should be able to walk into a public place with a gun. nobody should be able to just get a gun. things need -- things need to tighten up and get more secure, i think, overall. >> you would think that somebody who had access to google would look at this guy's background and not sell him a semiautomatic weapon knowing he was kicked out of school, kicked out of his animal shelter job which was a volunteer position. and kicked out of two schools, actually. >> you think that would have been on google, though? >> i think when you google, you might be able to pull up the fact that this guy -- >> a law enforcement data base. >> more importantly, he should have had mental health help. that will continue to be discussed for months to come. let's do some of the other because it's heading back up to the work week. >> yeah, severe weather could hit portions of the south. first, this was the scene yesterday at the big airport in atlanta. six inches of snow prompted delta airlines and airtran to scrub most flights into and out of atlanta and that southern storm is creeping its way up to the northeast. some areas expected to get a foot or more by tomorrow. steve from our affiliate down in philly joins us live. good morning to you, steve. >> well, you know, steve, last year, new york got away with having it easy and now you guys are getting hit with the harder stuff. only 4 to 7 inches expected here but look, we got piles of snow left over from friday and saturday and as you can see, we're still trying to wait for that to melt and now we're going to get a fresh coating of at least half a foot. i'm at a grocery store parking lot in philadelphia and this grocery store just opened up at 6:00 a.m. and there were people in their cars waiting for this store to open. come back over to me now. i want to show people here are having trouble finding a parking spot because we have the panic mode setting in already at 6:00 a.m. this storm not expected to even start falling here in philadelphia until about 6:00 p.m. but people think they're not going to get out of their house, i guess, until april so they need to fill up their shelves in their kitchen. gretchen, steve, brian, we talked to a guy stocking shelves inside. they were all sold out from friday and saturday's storm. they don't even have the shelves full yet and people are asking where is everything i need for this snow storm? it's ridiculous. >> indeed. my wife was at shop rite in northern new jersey yesterday, steve, and she said it was sn snowmageddon all over again. >> interesting. all right, as we've been saying, many democrats calling for a clamp down now on free speech after the arizona shooting. up next, a democrat who says it has nothing to do with that. >> and stick around for the great panel of guests on this. we have the radio rumble coming up this hour. what's america talking about? we'll find out and that will be followed by glenn beck. >> then michelle rhee, former chancellor of d.c. school has a plan to fix america schools. suzanne somers and russell simmons. how you can be rich on this tuesday morning. losing weight clicked for us when we realized we could do weight watchers online together. it was easy, it was flexible and it worked. ok -- i've got ground turkey, i've got bell peppers so he'd plug it into the recipe builder and it just pulls up tons of recipe options. laura's very compitive, whenever i was beating her in weight loss numbers -- i always was winning in percentage. i am a little competitive. together we lost 162 pounds. i don't know if you've noticed, but look at this guy. 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(announcer) resso. >> welcome back. some lawmakers want to crack down on speech. the freedom of speech after a shooting in arizona but is that really the case? talk radio news service washington, d.c. bureau chief and fox news contributor joins us to explain why the shooting has nothing to do with free speech. ellen, there are a number of people on your side of the political spectrum who have really tried to make political hay out of this. >> that's right. and it's unfortunate because anybody whose dealt with people with delusional disorders as this man clearly probably has. i mean, i haven't examined him or anything but clearly he has knows that particularly psychotic patients will often take on the themes of the dominant culture so in the 1940's, the government is putting radio waves in my head and in the 1950's, it was television. in the 1950's, it was the government thinks i'm homosexual and in the 1970's, it was they think i'm transsexual so they will pick up themes in the dominant culture but that doesn't have anything to do with it. this guy was reading from his library, of course, they're going to use some themes of the dominant culture but how many people -- how many hate mail do you get, does that mean they'll pick up the gun? the kid was psychotic or is psychotic. >> right, and the sheriff himself has admitted i'm talking about rhetoric and stuff like that. there's no evidence linking this guy -- if they would have gone into his house with a tea party t-shirt, that would be one thing. >> if we want to have a conversation about political rhetoric, that's a very different discussion. this has nothing to do with it. this was a six guy that may be using some of the words of the dominant culture in what we call in mental health word salad meaning it doesn't make any sense. it's like a big salad and it has nothing to do with political discourse. nothing, zero. and nobody in mental health -- >> trying to use this for political advantage, your message for them is? >> get a life. >> we should point out, ellen, in addition to a long and storied career in broadcasting, you were director at a psychiatric center for a while. >> i was director for a psychiatric center in new england, administrator, yes. we dealt a lot with patient like this, a lot with patients who have paranoid delusions that the government was -- a lot of patients who wrote crazy things in the word salad. >> you told me in the commercial that this case particularly reminds you if you see something, say something. >> that's right. first of all, there was a decision saying if somebody comes into a shrink and says hey, i'm going to kill somebody, there's a duty to warn. why don't we take a look at that, that kind of question and say is there a duty to warn? if this guy -- if the schools, a school went to the parents and warned them, how come we don't have a -- looking at larger and say maybe we have to do more and get a psychiatric evaluation when somebody is exhibiting threatening systems. >> the school called the cops five times and said you can't come back -- >> listen, a friend of mine's brother went and bought a gun. he was mentally retarded and schizophrenic. he went and bought a gun in virginia. we wrote a letter to the state, to the state mental health, and we got this guy an evaluation. no more guns for him. >> that's what people have to do. all right, ellen, thank you very much. >> thank you. >> that's great. all right, brian and gretch, come on in. >> all right, thanks a lot, steve. good job, ellen. last weeks these pictures of a chinese stealth fighter prompted military fears. now word it's made its maiden flight. >> then, california's new governor has a big budget problem on his hands you may have heard. stuart varney is here and talks about how that soon could become your problem no matter where you live. he's next. meet you inside. all right. >> we've got a flood. hits the road, the nose the angels start second guessing where they tread. ♪ cl 1-800-steemer to stay fit, you might also want to try lifting one of these. a unique sea salt added to over 40 campbell's condensed soups. helps us reduce sodium, but not flavor. so do a few lifts. campbell's.® it's amazing what soup can do.™ the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspireby you. and we've been honored to walk with you to help you get where u want to be. ♪ because your moment is now. let nothing stand in your way. ♪ >> all right. welcome back. we got some headlines for you on this tuesday. former house majority leader tom delay promising to appeal his convictions after being sentenced yesterday. a judge gave him three years in prison. philadelphia fire crews had a busy night putting out this five alarm blaze inside an apartment complex on the city's west side despite the destruction of 90 different units, there were thankfully no reports of any injuries. all right, gretchen, brian, stew over to you. >> jerry brown unveiling his first budget and it includes $12.5 billion in spending cuts and higher taxes to close the state's massive budget gap. >> what i propose will be painful. it will take sacrifice from every sector of california but for 10 years, this state has put together its budget with gimmicks and tricks and unrealistic expectations that have pushed this state deeper and deeper into debt. >> so it's not my fault but he did want the job. stuart varney says if the budget doesn't work or is rejected california will have to ask for a bailout to avoid bankruptcy. it seems pretty bad over there and governor brown is willing to confront the problem. is there something else there? >> if you look at the budget cuts that the governor mentioned yesterday, california is going to get a taste of european-style austerity. that's how draconian these cuts are. >> let's look at some of them. >> look at that. $1.7 billion out of medical care for the poor. >> that's their medicaid. it's called medical which is the equivalent of medicaid. $1 1/2 billion out of that. $500 million, half billion each from uc and csu systems. >> what's that? >> the california state university system. and the list goes on and on & includes the elimination of all those redevelopment areas, gone. >> but stuart, this is very political because if a democrat proposes these cuts, they're most likely to accept them. yet, a republican governor there proposing these cuts and they'll think, ok, i'm not going to forward arnold schwarzenegger's agenda. >> wait a second. these cuts are coupled with $12 billion worth of continuing tax increases. ok, now the republicans in the california state legislature, they do not want these tax increases. they don't want them to stay in place. there's a question as to whether or not it will be accepted by the democrats in the unions and the hikes will be accepted by the republicans. there's no way for sure to fell if this budget will go through. >> where is california then? they got their hand up for a federal bailout saying we're the first state to do it and closely followed by illinois and new york. >> every politician in california saying no, no bailout. no bailout. but they are setting the groundwork for a bailout by saying look, for decades, we've sent more to washington than we've got back. >> you're looking at a more pe pessimistic way that jerry brown is looking at all these cuts. >> when push comes to shove, will california accept these kind of draconian cuts? look at what illinois is doing. a massive tax increase. not the same service. >> right. that's called an exit ramp right to texas. a lot of these businesses will say if you're going to increase my taxes i'm out of here. a lot of residents say i don't have to live here. i have to hit the road, too. that's the risk. that's what new york felt when they hit that millionaires tax here and that's why the democratic governor of new york with half the budget gap is sounding like a conservative republican when it comes to looking at the wealthy. >> this is a story we've been covering for a long time. the crunch is here. it is now. this is where insolvency meets the reality of state finance. that's where we're at. >> we're at a federal level, too. debt ceiling level. >> tune into varney & company today and today, who are you having on? >> look at that man, thurman thomas, football player. are they going to have a lockout next year? we'll discuss it. nfl ratings fantastic over the past weekend. >> absolutely. when a 7-9 team has a shot at the super bowl still, it's a little scary. bring that up. thanks for coming in. 27 minutes after the hour. >> let's go to steve. >> thank you very much, brian and gretch. straight ahead, politicians using the arizona shooting to further their own personal agendas. we've been talking about this. are listeners buying into that? the radio rumble is straight ahead. plus michael douglas with the surprising announcement on his cancer diagnosis. and we go live to the detroit auto show where american automakers are about to reveal the secret projects they've been working on for months. you'll get a personal look right here on "fox & friends." 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[ mucus ] new advil congestion relief. the right sinus medicine for the real problem. diabetes testing? it's all the same. nothing changes. then try this. freestyle lite® blood glucose test strip. sure, but it's not gonna-- [beep] wow. yep, that's the patented freestyle zipwik™ design. did it just-- [both] target the blood? yeah, drew it right in. the test starts fast. you need just a third the blood of one touch.® that is different. so freestyle lite test strips make testing... easy? easy. great. call or click-- we'll send you strips and a meter, free. free is good. freestyle lite test strips. call or click today. >> guess what? snow, more snow coming to new york city. new york city needs more snow like we need another kardashian. >> the kardashians are a very successful reality show in case you've missed it, steve. >> i've seen it. speaking of the reality show, the ultimate reality show moving from the deep south right up through the mid atlantic. people down south have been hammered. look at this. north carolina wound up with 12 1/2 inches of snow. tennessee, 11, alabama, baldwin, mississippi, 10. mineral bluff, georgia, 9. ok, there you have the storm that we've been tracking for the last couple of days in the mid atlantic. it's moving towards the tri-state area. see that big blob of snow in portions of the ohio valley and back through indiana and also illinois? that's going to combine later today for a great big honking snowmageddon once again. there's a winter storm warning all the way from portions of delaware right up through new england and the entire northeast for the most part is under at the very least a winter storm advisory. how much snow before it's all done? well, in some spots, we could wind up with more than a foot. here in the new york city area, anywhere from, i don't know, 6, 8, 10, 12 inches although local forecasters have it above 12 right now. stand by to find out how much snow does arrive and in the meantime, it's bitterly cold here in new york city at 6:33, it is two dozen, 24 degrees in the heart of midtown manhattan. and brian, right under the temperature, there's your coffee guy. >> really? >> hot pot of joe. >> right. that's -- steve, how much did you pay to put in the official temperature, centigrade as well as fahrenheit? >> i just put in a quarter. it's good for another two minutes. >> anyone can use it? >> it's like the laundromat. >> ok, tell whalid i said hi. it's one regular and gretchen will have cream, no sugar. >> not a problem. >> yes. >> thank you very much. >> that means he is not getting it. >> no, i'm running in the building! >> all right, get in. >> time to do a couple of headlines for your tuesday. begin with the fox news alert, looking at new video into the newsroom of the wikileaks founder julian assange. he appeared at a court in london this morning where his bail was extended until february 7th. he's trying to fight extradition to sweden where he faces sex crime charges. until the next hearing, he has to stay at his friend's house, that big old mansion in england. >> he's subject to mansion arrest. another fox news alert. within the past hour, secretary of state hillary clinton arrived in yemen for a surprise visit. the country is a fragile ally that's turning into a breeding ground for terrorists. she's expected to press yemeni leaders to crack down on extremists. the u.s. cleric that officials say inspired recent attacks against america including the fort hood shooting and attempted underwear bombing is likely hiding out in yemen. >> vice president joe biden meantime in afghanistan to get a first hand look at the war effort as the u.s. plans to withdrawing combat troops. that's going to be in july. biden visited a military training center. the program is teaching afghan recruits to fight as well as reading rights. biden met with president hamid karzai, coalition troops hope to train about 300,000 army and police officers by the end of the year. >> china's new stealth fighter has reportedly made its first test flight hours before defense secretary gates met with china's president. unconfirmed reports say the radar evasive plane flew over an airfield for 15 minutes. it looks a lot like our planes. the news suggests that china is making better than expected progress on developing a potential rival to the american f-22 raptor. currently the world's only fully operational stealth fighter. we're cutting back. they're building up. >> oscar winner michael douglas says he has beaten throat cancer in a new interview, douglas says the tumor is gone but his mouth is still dry from six months of radiation treatment. he's also trying to regain about 20 pounds that he lost. douglas' next movie, well, he's going to play the flamboyant pianist liberace. he begins shooting that movie this spring. >> college football now, the bcs national championship, number one auburn taking on number two oregon. let's go to glendale, arizona, where they played. special moment of silence for all those killed and wounded in the shooting massacre in tucson. to game now. fourth quarter, game tied. running back michael dyer gets down -- taken down around midfield after a short run. does he? his knee never touches the ground. he ended up going 37 yards. deep into ducks territory. look at it again. it is indeed the right call. >> two seconds left now, bynum comes on to win it with a 19-yard field goal. it's good. it's auburn's first national title since 1957. great game. final score was 22-19 and included a safety. gretch, you are ready to rumble. >> i am. later on, we'll talk about those outfits that the oregon players had on. i don't know about that. a lot of lawmakers calling for change following that tragedy now in tucson. congressman slaughter from new york says it shows the sec should regulate rhetoric. >> television and radio, they are owned by the people of the united states and as a condition of licensing, they are overseen by the fcc. what that says to me, either the fcc isn't working anymore and the justice department's background checks are of no use. >> but are lawmakers using the tragedy to promote their own political agenda? to find out what americans are saying, we're joined by the radio rumble of washington, d.c. and from miami, the author of consciousness he can quit, neil asbury. good morning, gentlemen. let me start with you. you heard the congresswoman. what do you think about it? >> i don't think that you can limit opinion radio or television. i think it's entirely appropriate that we have a wide spectrum of diversity and opinions on radio and television. and, you know, that's the american way, frankly. >> well, i'm glad -- i'm glad to hear that from you. i assume the other two gentlemen agree, right? jason and neil? >> look, this is the agenda on the part of some in congress for quite sometime. but if you look at american history, really, in the span of 18 years, we lost president kennedy, his brother, martin luther king was shot. a reagan was shot. gerald ford was fired upon at close range. all the while, we had the fairness doctrine so there's absolutely no empirical evidence to suggest that some sort of government de facto censorship would restrain violence. >> neil? >> it sounds to me like she's creating her own enemy list. this is sheer demagoguery. this is only targeted those she disagrees with. is she going to go after paul prudman and "the new york times" for their climate of hate piece that only promotes hate? is she going to go after president obama for his speech that if they bring knives, we bring guns. these martial metaphors have been around for many, many years and they'll continue to be here. we have plenty of laws to go after the bad guys. let's not trample our constitution and let's leave all the good people alone! >> well, and we have the sheriff down in the tucson area who immediately instead of talking about the investigative nature of the crimes that happened there on saturday, he talked about the political -- well, his political personal feelings and now it turns out that this had nothing to do with politics, what happened there. tom, what does that say about the culture in which we find ourselves? >> well, i think of it in a certain way. actually it does have something to do with politics. but not in this direct route. we have since the 1980's seen a drastic cut in social services d health services to the mentally ill and we've seen in arizona in particular that it's a whole lot easier to get a gun with a 30-shot clip in it where it used to be until 2004, a maximum of 10. >> i don't know if those cuts apply. >> that's my point. under -- if it was widely available to people regardless of their income as it was at one time in this country, i think it's more likely when -- after a school four times said to him, you got to go see a shrink before you come into this school, that he might have. so i think that that that's really probably the larger issue here and that's become tragically a political issue and trying to roll back obama care is rolling back health care. >> jason, this sheriff basically pointed the finger at the conservative movement in this country and said it's your fault. >> it is true and it's an outrageous abuse of his position. if i were the prosecuting authorities down there, i would have considered a gag order on this guy. he's trying to taint the jury pool for crying outloud. i've never seen anything like this from a law enforcement officer at a press conference in the wake of a shooting in my life. so it was the height of irresponsibility. tom said something interesting with regard to mental health and my old friend is half right as usual. the rise of these privacy laws is behindering some of this. there's no such thing as civil commitment anymore. it's not a lack of resources. it's the fact that groups usually on the left have sort of hamstrung the authority's ability to get a handle on these rather disturbed characters. >> special interests have taken control. we spoke about that on the show yesterday. great point. neil, i'll give you the final word. >> it's hard to imagine a tragedy of this magnitude being worse than it already is. this was a crime against the american people. this is a time that we should all be united in our grief, in our mourning, in our healing process. the sheriff is a man of law. he's a man of facts. how can he say those terrible, stupid things? it's unbelievable. >> i got to go, guys. i got to go. to the three gentlemen, thanks very much and you'll have lots to talk about today. no doubt. let's talk to steve and brian and see what they're up to. >> you're a good rumbler, gretchen. straight ahead, while lawmakers not only targeting free speech, they're going after gun laws. are they too lax or not being enforced? judge andrew napolitano up next. >> with that topic. the wait is over for people waiting on a verizon iphone like my son who is holding off on an eighth grade graduation present. we'll tell you when you can get one. i think it's today. >> live to the detroit auto show with a look at the brand new car of the year, the chevy volt. the one you plug in. yep. , dog: bacon? gotta get that bacon! smokey bacon, crispy bacon, tasty bacon! where is it? where is the bacon? tv newscaster: bacon popular, story at 11. dog: yummy. crunchy. bacon. bacon. bacon. there, in that bag! mom: who wants a beggin' strip!? dog: me! i'd get it myself but i don't have thumbs! yum, yum, yum... it's beggin'! hm... i love you! i love bacon! i love you! i love bacon! i love you! beggin' strips! there's no time like beggin' time! share the fun at beggintime.com we get double miles on every purchase. so we earned a trip to vegas twice as fast! 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[ clang ] >> couple of quick headlines, hate getting the flu shot every year? researchers are edging closer to a lifetime vaccine that could offer you universal protection from many types of food strain. scientists made the discovery after finding an immune response in blood samples of those affected with h1n1. after years of speculation and rumor, verizon iphone expected to be announced today. it's going to happen at 11:00 a.m. eastern on 1/11/11 but the phone won't be available in stores until sometime next month. >> all right. gretch, congresswoman gabrielle giffords has been a strong supporter of the right to bear arms. in 2008, she issued this statement supporting a supreme court ruling that overturned a ban on handguns in d.c. "as a gun owner, i am a strong supporter of the second amendment. this is a common sense decision that reaffirms the constitutional right and arizona's tradition of owning firearms." but now, some lawmakers are calling for stricter gun laws. good idea? joined by the host of "freedom watch" andrew napolitano. >> i'm not surprised at all. we have to be wary of even morement you talked about congresswoman slaughter wanting to use the fcc to regulate speech. congressman brady from pennsylvania wants to enact legislation making it a crime to use symbols and words that could be perceived as threatening. congresswoman mccarthy and senator lautenberg wants to make it a crime to use the type of gun and type of clip that this guy used fortunately i mean, that's absurd. first of all, the constitution is what it is and our rights are there in good times and in bad. secondly, you can't make a decision that would tamper with our rights in a time of tragedy when people are emotionally moved by what happened. everyone in their right mind knows that this was a horrific, degenerate act but it was done by a madman. it wasn't done by the constitution. >> right. let's take a look at what people are saying right now. a gallup poll reveals this. do you favor stricter gun laws? in 2010, 44% agree. big change of heart there. >> you're right. but remember, the constitution protects our rights whether they're popular or not. these members of congress trying to capitalize on this tragedy do not understand that. they think they can use a moment of tragedy to advance the progressive agenda. in the case of one to restrict speech and in the case of the other to restrict freedom. >> one of the guys that ran out there and put his knee in the back of the gunman said he had a gun on me and i was going to take it out for him and protect those people in the crowd. >> might have saved lives had he done so and would have been perfectly lawful for him to have done so. >> two lawmakers including heath shuler say i'm going to, when i'm in my hometown in my district, i'll be bringing guns with me. judge, today on "freedom watch" what can we see? auto i've one of those guys and i have sheriff richard mac tell us about this sort of loopy sheriff who made matters worse on saturday afternoon with his political rhetoric. >> right. judge, congratulations on the torso promo. i usually see head shots. you got the whole torso. >> you show me work out. >> liberal blogger arianna huffington gets a visit from police on an airplane. what sparked that incident? it's the latest and greatest on new car technology. live from the detroit auto show. úú:moñ[5@ñmw ♪ sun in the sky ♪ you know how i feel i feel like jennifer hudson but with new arms, new legs, and this smile. ♪ freedom is mine ♪ and i know how i feel i'm loving weight watchers new pointsplus program and the edge it's giving me. ♪ it's a new dawn, a new day i've got even more control now. ♪ and i'm feeling good go on, join for free. weight watchers new pointsplus. because it works. >> welcome back to "fox & friends" on this tuesday. hey, the 2011 detroit auto show under way right now in the motor city. >> with the preview of what we can expect to see from the big automakers, we turn to auto expert doug browner, he's live for us in michigan. good morning to you. >> hi, good morning, gretchen. you know, this is a big show. always has been. but this year especially a lot going on and that's because the auto industry is on a huge upswing. big news yesterday out from here in detroit. that's who won the north america car and truck of the year? let's get to it. you may have seen this coming over the news. here we go! it was a big deal, the chevy volt, all electric volt winning car and truck of the year. 5,000 journalists pouring all over that car for good reason. well deserved. when you talk about truck of the year, it was this one, the ford explorer. completely redesigned by ford. this is going to be a big suv, you guys, for the years. well deserved and that award, by the way, often translates into huge sales for those companies. all right. chrysler, let's talk about the 300. better looking than me. let me get out of the way. this is the 300. it saved the company once before and this new design for the chrysler 300, officials here are hoping it will do the same for chrysler once again and that company continues to rebound. rear wheel drive $27,500 when it goes on sale this fall. actually it's on sale -- should be within the next four to six weeks. chrysler 300 and again, the iconic car, all right. moving on, buick is cool. absolutely cool. i said it. there it is. it's the third new buick in just two years. it will go on sale this fall. under $25,000. if you haven't driven a buick, you guys, you'd be amazed at how quiet they are. it's actually becoming kind of a trendy car. chevy celebrating its 100th anniversary with its car. it will go on sale this fall under $20,000. take a look at this, this is three doors but check this technology out. it's got what's called blue link so if you set the parameter in the car and your teenager, say, is driving, it the car will actually send you a text message and let you know that your teenager is driving too fast. how amazing is that? it goes on sale this summer. about 17 grand and finally the jeep compass. jeep is celebrating its 75th anniversary with this car, the mini grand cherokee. it will go on sale very shortly under 20 grand and you guys had a lot of snow as i toss it back. this thing is awesome in deep snow. we have a lot more for you. see you with more from detroit. >> indeed. i got to get that blue link thing. that would be fantastic. >> i like -- >> to track your teenager? >> just to know where they are. what they're doing. >> focus on -- >> they never call! >> in the clear. you're bringing my -- >> imagine what they'll have by the time our kids are ready to be driving. you're closer. >> video! that's what i'm thinking. >> he's one of the many radio personalities being unjustly blamed for the arizona shooting. glenn beck here with his reaction. good morning. >> good morning. >> also got a tv show. plus he's a known terrorist with american blood on his hands and now he's being welcomed back to iraq. why is this happening? 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"fox & friends" hour two for tuesday starts now. >> good morning, everyone. it is tuesday and we want to bring you the very latest developments in the case that happened in tucson. yesterday, we saw the mug shot of the alleged shooter, jared loughner. let's take a look at that. >> yeah, he's got a bruised left eye as you can see, he's got a maniacal look on his face, as you know, and he shaved his head evidently. >> charges will come later but no family at the court hearing yesterday. at the sandra day o'connor courthouse there in phoenix, arizona, although we do understand while the family is, there's a possibility that the father may release a statement through the sheriff later on today. >> and this as new evidence reveals that the alleged shooter is a registered independent who actually did not vote in the 2010 elections. >> wow, that's amazing because i heard -- if you listen to some shows, you would think he's very politically oriented. >> you would. you would have thought was a member of the tea party or something. no, indeed. he is an independent and apparently he didn't even vote. meanwhile, president obama and the first lady are heading to tucson tomorrow. the president will speak at a memorial service for the victims of the shooting rampage. he is aexpected to meet with th family of gabrielle giffords and the families of other shooting victims. he made some phone calls yesterday. mike tobin is outside of the university medical center in tucson with the latest on the congresswoman's condition. good morning to you, mike. >> good morning, steve. day three now and doctors say congresswoman gabrielle giffords is holding her own. after day three, start to get to the point where the swelling could start to subside or the risk of swelling could start to subside in her head. they say we're not out of the woods yet. remarkable nature of her horrific injuries may have played into. it the brain itself swells inside of the skull cutting off the circulation that can oftentimes kill the patient. they know now when she came into the hospital she was conscious and able to squeeze doctors' hands. they knew at that point they had a chance at saving her. >> with regard to congresswoman giffords' recovery, at this point in the game, no change is good. she still has no change. she's still following those basic commands. on top of that, the cat scans are showing shares no progression of that swelling. we're not out of the woods yet. that swelling can sometimes take three days or five days to maximize. every day that goes by and we don't see an increase, we're slightly more optimistic. >> the spontaneous memorials continue to pop up around tucson. candles and photographs here at the hospital as well as the tucson office of representative giffords. teddy bears, ribbons and roses at mesa verde elementary school where the 9-year-old attended. formal memorials are planned. the planned visit, as you mentioned from the president and first lady. back to you in new york. >> all right, mr. tobin in tucson, thank you very much. >> the rest of your headlines and we begin with an extreme weather alert. mother nature dumped some messy mixes of snow, ice and freezing rain, paralyzing the south. this is atlanta. four inch, thick sheets of ice forced interstate 20 to completely close down. those who ventured out had to turn around and drive the wrong way down the road. >> have you gone the wrong way down the highway before? >> no, i was real nervous about that. i was like man, i hope nothing is coming. >> and the brutal winter weather not over yet. remember, new york city just two weeks ago, the same storm expected to hit the northeast tonight. bringing along another foot of snow. and shocking new video from australia, a 26 foot high tidal wave surges through the small town here washing away everything in its path. homes, cars and even an airplane. dozens had to be rescued. 10 people have been killed. 78 others are still missing from the devastating flood. you're looking at new video now of a fire responsible for killing washington lobbyist and a former capitol hill aide. the 37-year-old mother of three apparently became trapped in a burning b.m.w. in a garage believed to be a part of her capitol hill home. the cause of the fire is under investigation. liberal blogger arianna huffington escorted off a plane in a hough? she was escorted from a united airlines jet after she got into a heated argument over her blackberry use. huffington reportedly refused the captain's command for passengers to turn off their electronic devices and kept chatting and texting. another passenger was upset and the fight got so loud, they were both questioned by investigators but not arrested. and those are your headlines. for the first time on an airplane over the christmas break, actually the flight attendant came on after she had asked people to turn off their electronic devices and said there are still four phones on and two other electronic devices on this airplane. can they monitor that actually? i know. i thought it was a pretty good bluff. >> good bluff. >> the voice you heard, the opinions you heard of glenn beck. >> yes. >> we're not going to just talk about cell phones. welcome back from vacation. >> thank you. >> you're back. we're back with a vengeance. the carnage over the weekend certainly went on to your show yesterday. were you shocked to see the sheriff down there blame the political rhetoric and rancor for the lunatic? >> here's what i was shocked at. even the president, nobody, i didn't see anybody stand up and say, enough is enough. this is a shooting, it is a tragic shooting. it is a mad man, let's stop using this for political purposes. >> it's unbelievable. >> it happened right away. >> it's again, it's dividing us even more. before we even had the name of the shooter, we had the sheriff out giving us all the facts of his opinion. >> sure. the president, don't you think he was relatively even keeled? >> it's not his place to be -- i don't think there's a place to be even keeled on this. this is a crazy man and even if it was somebody who was politically motivated, that's a personal choice and it's an act of a mad man. it's called terror. and all americans are against terror. i don't care if you're a republican or an independent or a democrat. we're against terror. i don't care if you're doing it under the name of allah or george washington or karl marx. no terror. >> it started with the sheriff. the nation looked to the sheriff, someone who has been doing it for decades out there. they were looking for answers and started talking about the right wing rhetoric. we're thinking there must be evidence. there is no evidence. it's a gut feeling that he has. he was on last night on abc. he said this -- listen. >> i don't think there's any doubt about that at all. i think the entire neighborhood where they lived was aware. >> so he was talking about whether or not he was actually disturbed. last night, he seems to be changing his tune a little bit and admitting he's mentally ill. >> there's zero evidence, there's zero evidence. i put -- >> that we know of. >> i pointed out last night, almost everything this guy has in his record, everything he's got going for him, karl marx and meinkampf big for him. he believes that george bush blew up the world trade center. those three things are things that i've said, look, these kinds of people are going to start coming out and they're going to start doing crazy things. i'm not blaming the left for this or blaming the 9/11 truthers. i'm not blaming out of it. the facts, while he has at in his past, the facts show he was a mad man period. >> i know you don't watch much of the channel that you used to work on but i heard this and watched it. bill maher equated you and what you have to this shooter and i was stunned by that. there was no follow-up question with their so-called premiere journalist. >> i'm not even going to respond anymore because it's so transparent -- it's sad. it's really sad. we are sitting here looking at things that could destroy the republic. we had a girl on saturday, she was born on 9/11, 2001. she was born in terror. and she dies in terror. now, why don't we look maybe and try to turn her death into something meaningful and maybe we can learn something that we rejected terror on 9/11 and we stood together, republicans and independents and democrats as americans. and we said we don't believe in terror. that's not the american way. and maybe we use her death and her life, her birth and her death and we look at that and say, maybe we should learn a lesson. the reason why 9/11 happened is because we were playing politics. >> you could do that. we could do that. but you can't stop what else is happening. >> you know what, brian? i was -- i was really naive and foolish two years ago. i really thought if i could get on and make the case for the american people and i could -- i could show, expose what's going on, things would change. you know what? you can't change washington. you can't change a country. you can't change a world. you can only change yourself. that's it. and if you change yourself, your family will change. and the country will change and the world will change. >> so do you ever believe that violence has any part of a protest? >> no. no, i don't. period. i don't -- look, you know, francis fox piven won't answer that question that way. well, it depends on whether it's part of a big strategy. ploward and piven is the collapse the system strategy and it was inspired, the reason they had that idea is francis fox piven and her husband saw on television the watts riots where 3,000 people were arrested. 1,000 were injured. what? 50 were killed. 36 were killed? that was the inspiration and now, right now, she's giving speeches where she says well, now, i don't like violence unless it's part of your bigger strategy. and she's saying embrace your anger and rise up. you do have people, inspiring people or asking people to be violent. >> it wasn't -- >> it wasn't just the sheriff. it was now louise slaughter, the congresswoman from new york who says we should clamp down on the fcc which means your radio show. >> you know what? that's great, louise. let's clamp down on out of control violent speech. would you consider -- well, if the republicans bring a knife, we're going to bring a gun. >> right. >> that's barack obama. now, do we clamp down on that speech or do we accept that we're living, breathing, thinking human beings and we can understand the difference here. >> i know you're excited about this book "the seven wonders that will change your life." that's now out. you teamed up with keith ablow for this. >> yeah. again, i go back to the idea that change yourself. you know, last week, i came on and i -- i started talking about we're going to leave. we're going to -- i'm tired of waiting for leadership. and it's time for people to take the next step and that is stop playing the political game. stop looking for the answers from politics. they will follow you. they've already done it. they will follow you when you lead. and you're going to be faced with some tough choices because there are crazy people and there are people that want violence in the country. i'm not one of them. and last night, i put together a challenge to barack obama to sarah palin, to everyone in the media, sign it. sign it. you reject violence from all sides. it has no place in america. let's see who signs it. >> we'll listen to you on the radio and watch you tonight. >> welcome back from vacation. >> thank you very much. >> coming up, he's a known terrorist with american blood on his hands and now he's being welcomed back to iraq? huh? how did that happen? and what is the obama administration saying about it? details straight ahead. >> police in hot water over the way they stopped this crazed driver. a pregnant woman with another baby in the back seat. did they go too far? we'll report, you decide. hi, anne. how are you doing? hi, evelyn. i know it's been a difficult time since your mom passed away. yeah. i miss her a lot, but i'm okay. wow. that was fast. this is the check i've been waiting for. mom had a guaranteed acceptance life insurance policy through the colonial penn program, and this will really help with the cost of her final expenses. they have been so helpful and supportive during this time. maybe i should give them a call. i really could use some more life insurance. is it affordable? it costs less t that's pretty affordable, huh? less than 35 cents a day? that's less than the cost of a postage stamp. so, you said it was guaranteed acceptance? yes. it's permanent coverage with guaranteed acceptance for people ages 50 to 85. there's no medical exam or health questions. you can't be turned down because of your health. it fit right into mom's budget and gave her added peace of mind. you should give them a call or look them up online at cpdirect.com. i definitely could use more coverage. i think i will give them a call. man: are you between the ages of 50 and 85? or know someone who is? do you think that quality insurance at an affordable rate is out of your reach? for less than 35 cents a day, you can get guaranteed acceptance life insurance through the colonial penn program. you cannot be turned down because of your health. there are no health questions or medical exam. your rate will never go up, and your benefit will never go down due to age-- guaranteed! these days, the average cost of a funeral is over $7300, and social security pays a death benefit of just $255. don't leave a burden for your loved ones. since 1994, over 6 million people have called about this quality insurance. there's no risk or obligation. call about the colonial penn program now. you'll be glad you did. >> welcome back, everyone. surprise visit to afghanistan from vice president joe biden. this as the u.s. military is beefing up its combat presence there ahead of the troop draw down. what was really the plan for afghanistan? and are we still on track to pull out a substantial number of troops in july? pete is the executive director of vets for freedom and getting ready to deploy to afghanistan. also served in iraq. pete, welcome back. >> thanks, brian. >> what are your thoughts about general petraeus and the vice president meeting up because they're very different when they talk about a draw down in july. vice president biden looks forward to it. general petraeus essentially to paraphrase doesn't think it can happen. >> i think it's always good when high level leaders visits troops on the ground. i hope he gets it straight from the mouth of guys pulling the trigger of what's happening. it's a key indication of who has the upper hand in this debate. general petraeus wants to double down on the gains we made. counter surgerien sis are won by improving the security situation first. en he understands that. vice president biden says he wants a substantial draw down. there's a definite conflict there and the rhetoric you see coming out of the white house here in the weeks following his visit will indicate, you know, who kind of won that debate and whether or not we'll be committing substantially going forward. >> pete, everyone focuses on what kind of message is that to al-qaida. what kind of message is to that karzai's government? what about the message it gives to our troops in the field. no one lives to fight a war. they want to know they have a shot at winning that war. is that correct? >> you're absolutely correct. it shows a huge signal to our troops if we shift from this 2011 deadline to conditions on the ground or focusing on 2014, it tells our guys, it tells the enemy, it tells the afghan people all the important elements that we're focused on winning. we're focused on succeeding and that's what our troops want to hear. they don't want to hear about political deadlines. >> in 2005-2006, you were in iraq. now, we understand al-sadr is coming back to iraq to play a role in that government. dealt him in in order to get power. how do you feel about him coming back? >> well, i mean i think any soldier would say that i wish we would have taken him out in 2004 and 2005 when we had the chance. when there was a warrant out for his arrest, or for him to be killed. he was a bad actor and got a lot of american blood on his hand from his militia. there's no doubt we wish we could have back some of those things from the early days in iraq. at the end of the day, if the government is going to welcome his people into the political progress and welcome him back, that's how you win a counterinsurgency, you co-opt formerly hostile forces and find a way to bring that country together. we hold our nose but at the end of the day, that's how things happen on the battlefields. >> hard to imagine someone not doing as much as you're doing for this country. with vets of freedom, going to iraq and back to afghanistan, thanks so much for your firsthand insight and for what you do for us in the show. >> thanks for having me on, brian. thanks. >> no problem. we change gears. one school district ordering parents to attend a meeting or their kids will be punished. so has the school gone too far? next, a mom who was at that meeting last night? and also ahead, nasa was created to help america win the space race. why was one employee handing over -- handing over secrets to south korea? are we in danger? 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(announcer) progresso. you gotta taste this soup. the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspireby you. and we've been honored to walk with you to help you get where u want to be. ♪ because your moment is now. let nothing stand in your way. ♪ >> glad you're finally up. now your news by the numbers. first 7,000. that's how many jobs ford says it will end in the u.s. by the end of the year. it's the only american car company that did not take bailout money. 400, that's how many people have volunteered to go on a one way mission to mars. the journal of -- i almost said cosmotology. cosomology asked for volunteers after learning that people could be ready to colonize the red planet in 20 years. no specific trip details are set. i'm investing in condos. that's how much playboy enterprises is reportedly worth now that founder hugh heffner has reached a deal to buy back the company and take "playboy" private. that's good news, steve, right? >> it is indeed. parents of students in a massachusetts high school are up in arms after they were forced to attend a mandatory meeting on drug and alcohol abuse last night. attend the event or your child will be penalized and not allowed. >> dr. judith bevis was one those who attended the meeting last night and joins us live with the latest. good morning. >> hi, gretchen. >> never heard of this before, that it had to be a mandatory meeting, that you show up and learn about a new policy, right, about kids and drugs and alcohol. >> yes, and we, you know, the thing is a mandatory meeting, something as a mom says that's not right. there's something wrong here and it turns out what was wrong was the policy. let me tell you what the policy is. the policy asserts the right of the school to take control of your child 365 days a year from the time they graduate eighth grade until they graduate high school. 6 and the policy says if your child in any circumstance that they have defined violates rules about drugs and alcohol and tobacco, they can punish your child and how are they going to punish their child? they'll take you out of extracurriculars for up to a year. now, at that point, my psychologist brain kicked in and said this isn't right. >> well, doctor, you've got to admit, you know, i understand the frustration. drugs and alcohol are a terrible problem at a lot of american schools and so they -- you know, reading into this, they figured, ok, let's make sure all the parents show up so that everybody knows what we're trying to do. did they make it clear that parents who were not there were going to have their children penalized? >> you know, the point is we have to move beyond the mandatory. the mandatory is just an example of the coercive nature of the policy. the issue is the policy and i think that we got to experience last night what it felt like to be coerced. and as example, what the policy is going to do is coerce our kids. so what i'm concerned is the practical. first off, you have the good kids that are going to get immediately caught having a beer because the kids that are really smart, they know how to run when they see the police raid coming and the troubled kids will immediately be kicked out of extracurriculars and become more and more isolated and alienated. i'm a psychologist. i deal with the most troubled kids in the state of massachusetts and the policy that we want to have in our school bring kids in, bring kids in, care about them. reach out to them. talk about them. and i'm very concerned that the policies that they put forth in massachusetts is downright dangerous. it alienates kids from authority. >> it's interesting because it's happening in my community in connecticut and it's probably happening all across the country. i have to get in a statement from the superintendent of schools. we are having this meeting as part of an education piece so people understand they can partner with us to keep our children safe. >> i don't know many children who think of the police as their partner. when i was a kid, we were taught don't trust anyone over 30. i think kids pretty much feel the samemethe same way. >> think about the policy in that school that bothers me is that it's year round and you can get in trouble at your house and that would affect you on the sports team. that seems -- that seems a little intense. >> you know, absolutely, you know, steve, there are all kinds of civil liberty issues here. but the thing that i'm really concerned about is creating an atmosphere where kids are alienated from the school and they're turned away. right now we have going on nationally, we have a young man who had developed a murderous rage and when we listen to his story, he was a drug abuser, he was a loner and he was allowed to have this feathering rage and when he lashed out, he lashed out against authority figures. he didn't lash out against rush. he didn't lash out at fox. he's not listening to talk radio. he's mad because years ago, some cop pulled him over. some principal suspended him from school. >> probably mentally ill on top of that. we appreciate your comments this morning. unfortunately, we're out of time right now. thank you for joining us. >> thank you very much. >> yeah, what do you think about this particular policy at schools in massachusetts? e-mail us right now, friends at foxnews.com. >> brand new video this morning as wikileaks founder julian assange walks into court. live report of what's happening inside. >> one of the latest e-mails sent by gabrielle giffords' the congresswoman before she was shot and it offers incredible insight into her fears. the man who received that e-mail is here to explain. >> and check this out, a pregnant mom on the run with her other baby in the back seat of that car. but it's police who got in trouble when this chase came to an end. we'll show you more. back in two minutes. úñ? [ male announcer ] blue-blooded. cold. [ clock ticking ] happy anniversary. [ male announcer ] what happened to luxury? ♪ where did all the personality go? ♪ the gusto? the glamour? we believe you can have it all. luxury with lightning in its veins. ♪ charismatic. daring. derivative of nothing. ♪ this is what fuels us. the reason we're not satisfied with blue-blooded ordinary... and demand red-blooded extraordinary. this is why we don't just make luxury cars. we make cadillacs. ♪ >> welcome back. we've got a fox news alert for you this morning. wikileaks founder julian assange returning to a london courtroom as he continues to fight extradition. sweden wants him. greg palcot is live with the latest details. good morning. >> hey, steve. yeah, wikileaks founder assange back in court. ironically one usually reserved for terror suspects. yeah, it was a short hearing in advance of a bigger one next month regarding that possible extradition to sweden for those sex abuse charges. afterwards, assange claimed that his work with wikileaks would continue in his words unabated. he said he's going to step up the publishing of that latest batch of secret documents from the state department file. he's been out on bail for nearly a month. kind of in a house arrest situation at a place outside of london. good taste, steve, guys, never been assange's strength and in a press release that he just put out, he tries to draw parallels between himself and the reporting around the shooting of congresswoman giffords. he says he's been the target of what he called unprecedented violent rhetoric from u.s. politicians and media personality. it has in the last couple of days been revealed that justice department officials are going after his twitter accounts. himself and others relating to wikileaks. apparently, justice is trying to build up some kind of espionage case against him. dealing specifically with the release of those documents. finally, he has been claiming, assange has been claiming that his business around the wikileaks venture has been suffering but he personally, apparently not suffering when it comes to his wallet. in the last couple of weeks, it's been revealed that he has a book deal worth about a million and a half smackaroos. >> interesting information. >> the guy that has all the leaks doesn't like the leaks as well. thank you. my heart goes out to him. >> really does. now the rest of the headlines. another fox news alert. secretary of state hillary clinton arriving in yemen for a surprise visit. the country is a fragile ally turning into a breeding ground for terrorists. clinton is expected to press yemeni leaders to crack down on extremists. a u.s.-born cleric who officials say inspired recent attacks against america including the fort hood shooter and attempted underwear bombing is likely hiding out at yemen, the ancestral home of the bin ladens. >> former nasa worker charged with illegally sending military technology to south korea. the feds say the man who lives near cleveland shipped infrared camera technology to south korea without the proper license and he's been charged with filing a false tax return, for not reporting income he made from the shipments. the technology used for spotting items in space is not considered a weapon but more of a preventative tool. >> former house majority leader tom delay promising to seal his convictions after being sentenced to prison time late yesterday. a judge gave him three years behind bars rejecting his defense that his money laundering trial had been politically motive ated. he's free on bail during his appeal. >> check out this jennings, missouri, police officer forced to resign after violating a forced poly during this car chase. the suspect, a 23-year-old pregnant woman. she leads cops through town with a 1-year-old in the back seat. the issue was that officer david hawk fired three shots at her tires during the pursuit. according to department rules, an officer can only shoot at a moving car if his life is in jeopardy. wow. all right. brian, talk about the big national championship last night and what the heck was on the legs of the oregon players? >> i like oregon's uniforms, you know, gretch. more on that in the after show, perhaps. college football, bcs championship game. a defense battle no one expected really. let's go to arizona and appropriately, there was a moment of silence held for those killed and wounded in the massacre in tucson and to the game, fourth quarter, it was tied. auburn running back michael dyer gets taken down, right? wrong. his knee does not touch. therefore, running through, he does. going deep into ducks territory. 37 yards. look at it again. you make the call. does his knee touch? it rolls on the body. two seconds left now, you'll see it. wes bynum comes in. 19 yard field goal. can you say national championship? first one for the tigers since 1957. final score was 22-19. that's cam. at halftime at last night's game, a very special surprise for families of some troops serving in iraq. >> ladies and gentlemen, please welcome all the way from iraq, your troops! >> look at that, a reunion was sponsored by tositos and the uso. it arranged them to go to the gulf to play football. we covered that against some lucky service members. all right, something back to the game now, less important, nfl where the jets head coach rex ryan is saying this weekend's playoff matchup is not about the quarterbacks or the guys in the trenches but about the head coaches. listen. >> this week, this is about bill belichek vs. rex ryan. it's personal, it's about him against myself. and that's what it's going to come down to. >> really? he sponlded with this quote. i might have a little quickness on him. he's probably got a little more strength. i don't think you'll see either of us make any blocks or runs, throws or catches. meanwhile, ryan and the jets were blown out in their last visit to foxboro, 45-3. he was out coached. here's someone that was never outcoached when he was coaching intramural soccer, steve doocy. >> the producer said i look like pepe la pew, do you agree? >> no. i think you have a lawsuit. >> are you going to be using the bank temperature and centigrade as well as fahrenheit? >> take a look. right now in new york city, we have gained a degree. it is 25 at 7:38 in midtown manhattan. >> wow! >> meanwhile, there's a big storm coming and let's take a look at the radar and the satellite and you got it right there. as you can see, that storm is scooting up towards the south. they really in dixieland got hammered with 6 to 12 inches in some spots. through portions of virginia today, they could wind up with an inch or two. that particular storm not quite as powerful as it will be later today. when the storm that is, as you can see right now, moving through portions of illinois, indiana and ohio when they combine tonight in the tri-state area, a lot of snow. next map will show you what we've got in store later on today. look at this, the winter storm warning has been issued all the way from porpgss of delaware, right up through new england as well. stand by, people. it is going to be a rough one tonight. i think we got another map that shows you some other stuff and this is the future radar by tomorrow, at 6:00 a.m., the storm as you can see all the way from new york right up through portions of new england. and in fact, some spots of new england could wind up with up to a foot and a half of snow. in western massachusetts right now with a preview of what's to come up there. good morning. >> good morning to you. tomorrow, i don't know if it's going to be very good but you see these big piles of salt behind me, they're going to be laid out on all the roads here in massachusetts. we're expecting 17 inches of snow. the same thing we expected on december 26th. take a look at the video. some of this -- well i should say most of this snow is still here and it hasn't melted yet and people are preparing pretty much the same way they did the day after christmas but the big difference is we're not on vacation anymore. so people got to go to work tomorrow. kids got to go to school. they probably won't because we're supposed to be getting a foot and a half. another big thing people are happy about, though, when this storm comes in, it's going to be low tide. extremely low tide. so we don't have to worry about that coastal flooding like we did last time. also, this snow, though, is going to be a lot heavier so people got to get outside and excuse me, shovel, more often. but a foot and a half here in new england, if you check in with me tomorrow, i'll be out here in the snow. live in weston. >> thanks very much for that report. coming up on our show, our next guest received one of the final e-mails sent by congresswoman gabrielle giffords before she was shot. what it says and offers incredible insights into her fears. joins us live next. >> successful school reformer michelle rhee is getting back to work. next on her radar, abolishing teacher tenure. the former d.c. schools chancellor is here live. anks to the venture card from capital o, we get double miles on every purchase. so we earned a trip to new orlns twice as fast! bebebebebebaaa! we get double miles every time we e our card, no matter what we're buying. i'll take it. and since double miles add up fast, we can bring the whole gang. fire! 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[ male announcer ] get the venture card from capital one. moey magazine' be rewards card if you aim to rack up airline mis. what's in your wallet? bebebebebaaa! >> welcome back. in a second that we pop up the prompter, i'll tell you what's coming up next on the show. if we pop that in right now, that will certainly be entertaining. we're talking about -- pop in the teleprompter and happy to tell you what's going on. if not, i'll ad lib and that could lead to misinformation. all right, bell city salary scandal continues to be -- does anyone want to take this upstairs? i think you'll be more successful. >> i'll take it over for you, brian. >> good. three current and former city officials accused of stealing millions from the city of bell city want the city to pay their legal fees. they claim the city should pay because the misconduct they're accused of occurred when they were in office. also, two japanese men arrested at los angeles international airport after they were caught smuggling 55 exotic turtles into the country. the animals were sealed inside snack boxes of cookies and crackers. both men were charged with violating the endangered species act. meantime, an e-mail sent by congresswoman gabrielle giffords hours before the shooting is offering now insight into her thinking. last friday night, giffords wrote to kentucky secretary of state tray grayson so congratulate him on his new post at harvard. in that e-mail, giffords writes this. after you get settled, i would love to talk about what we can do to promote centrism in moderation. i am one of only 12 dems left in the district and need to figure out how to tone the rhetoric down. with me is the congresswoman's friend, the secretary of state in kentucky. about to take the post at harvard. good morning to you. >> good morning. >> good morning. >> you met gabby back in 2005. and -- >> yeah, we did. we did. >> you had this conversation before with her, right? even though you were a republican and she's a democrat, you were in agreement on the centrist point of view as far as talk. >> talk and tone, yeah, gabby and i have disagreed on lots of issues but never let that interfere with our friendship and we felt that more people ought to, you know, tone down the rhetoric a little bit and try to focus on solutions and we had talked about this over the years and so when she put it in the e-mail, i wasn't really surprised and was really looking forward and am looking forward to having that conversation with her. >> uh-huh. had she spoken to you via e-mail or on the phone about fears about her life? i know from talking to other people that she did express that she was receiving threats. >> not about that and most of the times we would talk over the years, we would wish each other well over election time and talk about the races and that sort of thing and encourage each other. she never expressed concern about fear or anything like that about her life or well being. >> what were her ideas as a democrat in a g.o.p. district and one of the very few blue dogs that survived the election in november. what were her suggestions to you about how you could accomplish kind of toning down the rhetoric? >> over the years, what we talked about is being successful at your constituents and citizens, you know, that's something -- being a face, being approachable. also trying to not just, you know, demonize the other side. there's been a lot of reports that you've seen where she's talked about how even in the caucus and the democrats that she would always say hey, wait, this is a good person or this person has a good idea here so trying to find, you know, that commonality or that good in that person rather than always looking at somebody that disagrees with you as the enemy. >> it's interesting. we found out on the friday before the shooting she was a republican at one point in her life and then she became a centrist democrat. i want to get your opinion on the blame game that took place. immediately the sheriff in tucson before we knew the suspect's name was blaming the right wing talk show hosts and things like that for these shootings. is that different from what you're talking about with gabby? >> yeah, it is. and i think both sides -- what we're talking about with gabby is something that's been a problem over the last few years. it's not a republican, democrat thing or liberal, conservative but we do -- i think we ought to take this opportunity to talk about how we can dial it down a little bit. i don't think it had anything to do with this specific shooting based on what i know. i was disappointed to see it politicized right off the bat and both sides were doing it on tv, radio and internet. let's tone it down and focus on solutions. that's what gabby would want. when she's recovered, i think that's what she'll want to do. >> it's good to speak with one of her friends. good luck on your new job. >> thanks. i appreciate it. >> coming up on the show, she took on teachers unions and made it a national issue. now former d.c. schools chancellor has another project, abolish teacher tenure? she's on her way into the studio to explain. michael douglas speaking out with a surprising announcement on her cancer diagnosis. on this day in history, the number one song on this day in 1970 -- "rain drops keep falling on my head." can getting enough vegetables make you feel good? oh, yeah. v8 juice gives you 3 of your 5 daily servings of vegetables. v8. what's your number? >> she is now trying to reform america's education. one classroom at a time. from taking on teachers unions to getting rid of tenure, michelle rhee wants to put students first. she is joining us right now and she's actually the founder and c.e.o. of her group that she founded not too long ago called students first. good morning to you. >> good morning. >> i got the e-mail from student first and you got an agenda. >> that means you're a member. >> i am. >> yes, we released our policy agenda yesterday. we're very excited about it. we've gotten really good feedback. what we wanted to do was outline four legislators, four people who are running school districts, policymakers, the kinds of laws and policies that need to be in place in order for really aggressive school reform to take hold. >> where do we start? >> well, we start with making sure that we are treating teachers like the professionals that they are and valuing them for their impact on student achievement. we also start with making sure that parents and families are empowered with real choices and real information. and then last we want to make sure that taxpayer dollars are spent wisely and that we're not wasting those especially in the tough fiscal time. >> you know what? it seems like such a no brainer. why haven't bedoing it that way for a long time? >> i think rather than looking back and saying why haven't we done this? rather, we should look forward because right now, interestingly enough, with the fiscal crisis that we're in the middle of, it's an opportunity for us to completely reorient ourselves to what matters most and, you know, the recent results that showed america is really far behind compared to our international counterparts. that combined with the -- with the fiscal situation, i think, is a real opportunity for us. >> we spend so much money on educating every child in this country and yet, the results are not very promising. one of the things i know you want to do is examine teacher tenure. it simply does not work. there are a lot of really good teachers out there who you would like to pay a lot more money but the unions won't let you. >> that's one of the things that we talk about. the fact that many of the teachers contracts prohibit us from paying the most highly effective teachers more money. you want to retain those people. you want to incent them so you have to, you know, recognize and reward their work so you want to pay them more and at the same time, you want to make sure that -- that you are not providing tenure protections for ineffective teachers to stay in the classroom. you actually have to have both sides. >> how do you get rid of tenure? because the union is powerful. >> the union is powerful. but we believe that the american people who are -- who want to represent the interests of children are -- can actually be more powerful. so what we're saying is first of all, no teacher should be -- should ever be afraid of being fired because of discriminatory reasons for arbitrarily or anything like that. we want to make sure that that doesn't happen. b but at the same time, when we think about who in the public education system deserves protection, it has to be the children, not the adults. >> i hear the argument from the teachers union, we're fighting hard to get this union contract. we are fighting for the student. that's what they say! >> well, i mean, here's -- >> they're fighting for their teachers. they're fighting for their members. >> that's their job! right? i mean, we can't begrudge the teachers union for, you know, protecting their members because that's what they're supposed to do. i think part of the issue and part of what students first aims to do is make sure there's a voice at the table that represents the kids. >> no kidding. there is now. it's called students first. michelle rhee is the top -- the big banana over there. what's the web site if people would like to join? >> www.studentsfirst.org and we encourage everyone to sign up to become a member. >> very nice to see you live in the studio today. >> thanks. >> all right. it's about 3 1/2 minutes before the top of the hour. when we come back, the arizona sheriff says everybody knew that jared loughner had problems but then, why does he keep blaming political rhetoric for the shooting? laura ingraham is going to weigh in next. you'll want to hear her. and the town you're looking at about to get a foot of snow. but right now, it's underwater. what is going on? we will take you there to pennsylvania live. you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be be they're delicio crunchy usters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about your fiber too. i have for a while. ok, carl. why don't you care about her fiber? hey carl. 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"fox & friends" starts right now. >> steve: welcome to "fox & friends" for this tuesday. if you're writing a check today, today is the easiest day of the year to write a check because when you do the date, it's 1/11/11. >> brian: really? >> gretchen: also good luck day. if you think of ones all in success. the rest of the headline, we start with the severe weather alert. mother nature dumps a messy mix of snow, ice and freezing rain, paralyzing the south. in atlanta, how much did they get? four-inch thick sheets of ice forced interstate 20 to completely close down. those who ventured out said they should have thought otherwise. >> i've seen some cars that are getting stuck. it's pretty bad. i mean, probably it would have saved me a lot of money to walk instead of get in the car. >> gretchen: the brutal winter weather isn't over yet. remember new york city just two weeks ago? the same storm expected to hit the northeast tonight, bringing along another foot of snow. all right. you're looking at a live picture in philly. major water main break. not too deep right now. but they're expecting snow on top of this now new mess. we'll keep you posted. live pictures out of philly. new video out of queens, australia where the flooding has gone from bad to worse. this parking garage, cars are all over the place after the industrial beams gave way. the number of people missing continues to rise. it's now at 78. at least ten people have been killed. officials estimate the ultimate cost of the flooding could be as high as $5 billion. new video of the fire responsible for killing washington lobbyist and former capitol hill aide ashley turton. the 37-year-old mother of three became trapped in a burning bmw in a garage believed to be part her capitol hill home. the cause of the fire is under investigation. moments ago michael douglas making a surprising announcement on his cancer diagnosis. douglas says he has beaten throat cancer. in a new interview, he says the tumor is completely gone, his mouth is still dry from six months of radiation treatment. he's also trying to regain the 20 pounds he lost. he says his battle gave him a new appreciation for life. >> the affection from my family, from my friends, and from my fans hit me at a much deeper level than i would have ever have imagined before. >> gretchen: douglas already planning to give back -- get back to work. his next movie, he'll play the flam point pianist, liberace. >> steve: the very latest on the tragedy in tucson. accused shooter jared loughner could face the death penalty on five federal counts, including two counts of murder. his family was not present at yesterday's hearing in phoenix and has remained silent. but a neighbor has told a radio station that his father has prepared a statement and may break his silence soon, releasing it through the sheriff. there is word loughner is a registered independent and did not vote in the november election. so he's independent and apathetic apparently. >> brian: wow, that's interesting. congresswoman gabrielle giffords, who was shot in the head, doctors say she can respond to verbal commands and gave a thumbs up. they say the swelling in her brain stabilized, but caution that she's not out of the woods yet and the next few days are crucial. she also moved her toes and held up two fingers. >> gretchen: president obama and the first lady planning to leave for tucson tomorrow where they'll speak at a public memorial service. wendell goaler is live at the white house with all of the details. good morning to you, wendell. >> steve: good morning. the president will travel to tucson to remember the victims of saturday's shooting tragedy and try and lift the spirits of the community and of the country. like the congress, the president has canceled pretty much any event he had scheduled this week that might be seen in a political context. he had planned to go to new york today to talk about the economy. that trip will be rescheduled. the president and first lady joined the staff of the white house on the south lawn yesterday at 11:00 o'clock to remember the victims of the shootings with a moment of silence. mr. obama has spoken on the phone with most of the relatives of the victim, including congresswoman gabrielle giffords' husband, the families of judge john roll, and nine-year-old christina taylor greene and with two of the heros who wrestled down the gunman. the calls will continue. in pennsylvania avenue, lawmakers at the capitol and their staffs observed a moment of silence yesterday at the same time. the house had planned to try and repeal the health reform bill today. that vote, too, will be rescheduled. in a photo op with french president sarkozy yesterday, president obama made clear now is not the time for recriminations about partisan bickering. >> right now the main thing we're doing is to offer our thoughts and prayers to those who have been impacted and making sure that we're joining together and pulling together as a country and as president of the united states, but also as a father, obviously i'm spending a lot of time just thinking about the families and reaching out to them. >> the president says his goal is both to speak to our loss and to how out of this tragedy we can come together as a stronger nation. gretchen. >> gretchen: wendell goaler live at the white house. thanks very much for that update. it's time to bring in laura ingraham to get her thoughts. we have not spoken to you since the tucson tragedy on saturday. good morning to you. >> good to see you. >> gretchen: let's talk a little about what has happened with regard to the rhetoric. we've discussed on this show that right away the sheriff down in tucson was talking about political ramifications instead of the actual investigation before we even knew who the suspect was. what are your thoughts? >> gretchen, first of all, i want to say your interview yesterday with the mother of that poor nine-year-old girl who was killed, that moment on television, i think all of us who watched it, that was the kind of moment that we need to take away from this. the loss of a child, parents in grief, a nation obviously in mourning. that was a moment in my mind. to take us away from that and try to extrapolate into, well, this is about the rhetoric or this is about glenn beck or rush limbaugh or any of us radio talk show hosts really seems to be transparent and outrageous. and unfortunately, it doesn't seem all that surprising to all of us who have been documenting how many in politic, mostly on the left, use these crisis to make political headway or to advance an agenda or to demonize their political opposition. >> steve: sure. it was extraordinary that the whole planet, laura, was looking to the sheriff for guidance and what they were discovering and then he brings up, you know, all this rhetoric has caused problems and you expected him to come out and say, i've got all this evidence we found. nothing. he's got no evidence so far. >> yeah. he's an elected official. he happens to be a democrat. i'm not trying to make more of that than there is. i think one thing we have to think about is that everyone who got out there in the hours and minutes even after this horrific act and tried to make this a point about america, really, the people who listened to talk radio or watch fox news or like rush limbaugh or went to a tea party or town hall meeting, that's what they really did. they were at the time not doing anything but throwing good section of this country under the bus and that's the message the world got from this. not the heroism of all these people on the scene or the grief of families, but that america is producing this type of killer. that's not america. this is a man who was deranged. we all know now a little bit more about his past. we'll learn more. this is not about america or our rhetoric. this is about one individual and people who frankly either looked the other way or were afraid to act out of fear of lawsuits or fear of their own political correctness or sensitivities to act against him. that's it. >> brian: if you want to know how political this was, ask the people who were in his college classroom. they thought they were going to be victims. ask the woman who said, he peered in her window and stared at her for 30 minutes. she thought she was going to be a victim. had nothing to do with politics and the president had a great tone on saturday, but i think his party has abandoned him and taken this angry tone from here on in. brit hume weighed in last night on whether his party is going to hurt the president. >> terrific. >> in 1995, bill clinton, whose party had just suffered a terrible repudiation in the polls much as the democratic party just suffered in this past election, was confronted with the horrible calamity in oklahoma city. and many people mark his political recovery from his response to that and his response to that came in two parts. one was he went out there, he was at the service, the memorial service out there. he spoke eloquently. he acted with compassion toward the families and all who were affected by that. that was bill clinton at his best. at the same time, he attempted through various things he said and others said to pin the blame on rush limbaugh and other spokespeople on the american right. that went exactly nowhere. it didn't resonate. it didn't affect rush limbaugh who remains to this day the king of talk radio. >> brian: laura? >> as usual, brit hume is right and i'll also add to that by saying president obama's tone yesterday, i thought was quite good. it was taking it away from politics. i hope as people complain on the left that george bush is using 9-11, i would hope that president obama could pick up the phone and talk to some of his own parties' leaders and tell them the same thing. don't use this to advance a political agenda and i hope that at the memorial service and in the days and weeks that follow, we don't take this and try to push for well, maybe we shouldn't repeal health care reform, or this incident shows us that we need to work together and everyone needs to really get along. no. the country sees itself slipping away economically, culturally, morally, and perhaps if china has its way, militarily. that's what the country is upset about. >> gretchen: before you go, i want to make sure we get in who his defense attorney is going to be. loughner. judy clark. she has represented infamous people before. the unabomber, the 9-11 conspirator, eric rudolph, the serial bomber during the olympics. susan smith, who drowned her two sons in 1994 in south carolina. now she's hooking up with loughner. your thoughts? >> well, she has quite a client list there. there is a professional core out there among my former profession of lawyers who this is their life work and they find this redeeming. it's hard for us to say oh, how could you represent? in our country, everybody gets a defense and this is what she does. i think she's had a very limited success in her defense of these people and obviously we're going to see how she handles this. but this is our system of law. he gets a defense and it doesn't surprise me that it's judy clark stepping up. >> steve: all right. laura, thank you very much for joining us. >> good to see you. >> steve: we'll see you next week. >> brian: coming up, can a clamp down on guns really prevent another attack like the one we witnessed over the weekend in arizona? the sheriff who led the investigation at virginia tech here with a few ideas. >> gretchen: it was one of the few memories she had left, the wife and mother of three soldiers devastated when her american flag goes missing. wait until you see how the stars and stripes prevail. >> steve: and we still have lots more show to go. suzanne somers is joining us. the detroit auto show. and russell simmons joins us to tell you how you can be rich. >> steve: details continue to unfold in the tragic story of the tucson shooting, one of the things we do know now is that the alleged shooter, 22-year-old jared loughner purchased his gun legally. now some in congress are trying to push new gun laws and other restrictions. but others are saying that guns in the right hands actually help save lives. like joe zamudio, who helped subdue the tucson gunman on the show yesterday. >> i go everywhere with it. i feel like i could protect myself better if i carry one and i feel i can protect people around me and i was lucky enough to have an opportunity to help people yesterday, or the day before. i'm sorry. >> brian: joe, would you say that this reinforces your decision to carry a gun? >> oh, yeah. i mean, i don't even know if i'll go through an airport again 'cause i can't take it with me. >> steve: so he had a gun and he had it legally and he was ready to use it. but can cities really stop these kinds of shootings from happening by clamping down on gun rights? edgar is the former deputy director of the atf and just hired by new york city mayor michael bloomberg and he is new york city's sheriff. good morning to you, sheriff. >> good morning to you. >> steve: you also investigated the shooting at virginia tech university as well. so we know you've done a lot of thinking about this. this guy, loughner, bought the gun legally, followed all the rules. >> that's correct. it indicates he went to a federal forms licensee and filled out the form that an individual needs to fill out in order to purchase a gun from federal farms license. but there is one question on the form which asks, are you a drug user? all indications and preliminary investigations show he was a drug user. so you have to ask -- if he had answered the question correctly, could that have, in fact, prohibited him from obtaining the gun because the ffl could have asked a question and we don't know. so i'm sure it's a self-reporting question and i'm sure he didn't answer it accurately. >> steve: so he lied and he got it. shouldn't there be some database or something like that where the person who is selling him the gun types it in and up pops this paraphernalia infraction or something like that, because he did have one. >> well, there are the instant criminal check, which is one of the requirements when you do purchase a gun through an ffl. but there are many gaps. that's one of the problems we have is there are a lot of gaps with the data that's available that may not be linked in to the f.b.i.'s instant criminal background check. >> steve: we've got so many gun laws already on the books and the problem is just enforcing them and making sure that people do everything as they're supposed to. what would you like to see done? >> i think one of the things is have an adult conversation on responsible gun ownership. i think the mayor -- >> steve: how can you have a responsible conversation with a crazy person? >> i think we have to set aside the activities and the actions of this young man on saturday and ask ourselves the broader issue, that gun ownership should be a responsible act and we need to look at that and have consistent laws across the board. right now each state has different laws regarding gun ownership. >> steve: with this particular guy, we understand that apparently he was called to the campus five times by people who were worried about him being crazy and they said, you can't come back until you have a mental evaluation. you would think that would be a gigantic red flag, sheriff. >> absolutely. i think there were some indicators that should have helped to stop this tragedy 'cause this is an american tragedy. and the mayors against illegal guns is trying to have that adult conversation. >> steve: it's great having a conversation with you. >> thank you. >> steve: welcome to town. >> thank you very much. >> steve: the town you're looking at right now is about to get a foot of snow. but as you can see, it's under water in some spots. what's going on? we'll take you there live and how do you fight fat after 40? we'll ask suzanne somers. she looks great. she's got the secret to staying 50 forever. quick headlines. vice president joe biden making a surprise visit to afghanistan. he got a firsthand look at our military training facility where afghan recruits are learning to fight as well as read and write. not necessarily in that order. he also met with karzai and other coalition officials. after years of speculation, the verizon iphone is expected to be announced today. it will happen at 11:00 a.m. eastern time. the phone won't be available in stores until sometime next month. gretch? >> gretchen: thanks a lot. she's an actress, singer, comedienne, lecture you are and best selling author. but we can't help but remember her as the character kristy snow on the hit show "threes company" and has a new book out called "sexy forever. how to fight fat after 40." who doesn't want to learn about that if you're 40? joining us is suzanne somers. great to see you. >> thank you. you, too. >> gretchen: i love the title of this book. that gets your attention. how to fight fat after 40, that's a big problem for women. >> right. the most asked question on the internet. how do i lose fat after 40? at 40, everything starts changing and women in particular saying, i don't know. i'm not eating, i eat salads. so i found the missing link. >> gretchen: which is? >> you have to understand that there are a bunch of things happening to your body. your hormones are fluctuating. when they're imbalanced, you put on weight. when you have food intolerances or food allergies, which most people don't realize, and there are bodily things that will indicate what's going on with you, i have found out, i took appear allergy test, and it's a specific one, so you need to try the one in this book that i was allergic to eggs. i gave up eggs and after two weeks, i lost ten pounds. >> gretchen: i know. giving up egg, which are fattening, especially if you eat the egg whites. that's fascinating. >> and gluten intolerance. there used to be 80 different strains of wheat. now they're messing with our food. they've been engineered down to five strains of wheat because they're heartier. but the gluten content is so high that if you're even the slightest bit sensitive, you are reactive to it and it puts on a lot of weight. when i sit in restaurants, i kind of look at people and go, oh, they've got a gluten intolerance or thyroid problem. >> gretchen: you survived cancer, so you became your own clinician. i want to make sure i get through your three phase weight loss plan. 30 day detox. >> because it's like the toxins that we're exposed to. 80,000 on a regular basis. 200 before you finish your morning ritual. it's like a closet. you know when you have too many clothes and you can't fit more but you still buy more. what do you do? you have to enlarge the closet? so the body is like that. it has no way to get rid of toxins, so it stores them in the fat. the more toxins you take in, the more fat. >> gretchen: the weight loss phase is to avoid sugar, chemicals, processed foods. i always tell people that the one thing i remember from one of your first books, is shop the perimeter. >> that's where all the real food is. you can pluck it, milk it. you said that to me before. >> gretchen: i love that. always in my head. number three, the lifestyle phase of sexy forever is what? >> being sexy forever. if you're not healthy, you're not sexual and one of the great things about finding this whole key to hormonal balance is that part of life gets really great. >> gretchen: wow! there is hope for after 40! >> also there are tips in here like a kind of powder you can get that will stop calories and carbohydrate absorption. there are more diets out there than anything and 65% of all americans are overweight. so it's not working. this will keep you sexy forever. you just have to clean out your toxins. you got to balance your hormones, find your food allergies and then find out what's wrong with your gut and probioticses are a big part of that. >> gretchen: always great to see you. thank you so much. >> thank you. >> gretchen: let's go to steve and brian. >> steve: thanks, gretch. >> brian: coming up, in all new low, westborough baptist church's plan to protest the funeral of this nine-year-old girl killed in the arizona shootings. but some angels already coming to the rescue. >> steve: then new footage from the shooting being revealed. including the man who gave his life to save his high school sweetheart. >> brian: live from the detroit auto show with the coolest cars you can drive home today and what's coming up in the future? >> steve: welcome back to "fox & friends" for this tuesday. president obama and first lady michelle will head to tucson tomorrow where they will speak in a public memorial service for the victims of the arizona shooting. there you can see them yesterday at 11:00 o'clock in the morning observing a moment of silence on the south law of the white house. meanwhile, there is new information about the condition of congresswoman gabrielle giffords. mike tobin is live outside the medical center with the very latest. we've got good news in the form of a thumbs up. >> right. good news in the form of a thumbs up. but that kind of has happened all along. she's been able to give thumbs up, squeeze hands to show she is alert, that she has the ability to communicate and shows the left side of her brain is functioning. no real changes in her condition overnight as she continues to fight for her life. but no real changes is exactly what doctors were hoping for. >> the next few days, we want her to continue doing what she's doing and even if we don't come out here with glowing reports of progress, that's good. that's good that she's holding her own. i know that's frustrating for everyone, the family, the doctors, all her well wishers and for her, but that's the nature of neurologic injury. >> the memorials continue to pop up and grow here at the hospital with candles, photographs, other trainkets, as well as the tucson office of gabrielle giffords. teddy bears, ribbons and roses at the school where nine-year-old christina greene attended. the husband of gabrielle giffords has been here at the hospital all along. we've only heard from him one time and he gave a message of thanks to all the people from tucson and all across the country for this tremendous outpouring of support. steve? >> steve: all right. mike, we thank you very much for the live report from arizona. >> gretchen: we talked to you before about that crazy organization, the westborough baptist church and how they go and picket funerals of fallen service members and they were going to do it at elizabeth edwards' funeral. now they say they'll do it for victims of this tucson tragedy. but thanks to some sane people who live in the area, they're forming something called the angel action and they'll respond to the protesters in a very nonviolent, very peaceful way as angels. >> steve: yeah. apparently somebody came up with this idea. we can protect the family if we have these people with these great big angel wings actually at the funeral. so they've got these angel wings that are 8 by 10 feet tall and they'll surround the family and keep kooks from westborough from disrupting things. here is a group of counterprotesters responding to the fact that westborough baptist church is heading to tucson. >> i think our job is to allow the family to grieve properly and for us to uphold the respect that the family deserves. >> can you respond to that in kind with yelling or picketing or violence or anger or threatening to bash their heads in with a bat, everything people is feeling, react on that. we only serve to make them stronger. >> steve: yeah. >> brian: you kind of are torn between this. every time you give this baptist church some publicity, they seem to want more of it. >> steve: they take it to a new low. >> brian: there is nothing more low than protest a nine-year-old's funeral. >> gretchen: so sick. >> brian: again, we're talk being them. there is some odd connection with those who were at tucson, arizona. gwyneth paltrow, who is related, she finds out, although she never met her in person, to congresswoman giffords. and now sofia bush, an actress, who is the second cousin of that nine-year-old victim. bush talked about the message that she took from the attack. >> i think it's incredibly important that we get back in touch with our emotions in society and that we start being a little kinder, that the news stops being a breeding ground for violent rhetoric. it needs to change and we're really seeing what's going to happen a lot more. you don't want to live in fear every day. you know, you don't want to have to walk through a metal detector to get into every building on the street. but nobody should be able to walk into a public place with a gun. nobody should be able to just get a gun. things need to tighten up and get more secure overall. >> brian: i mean, us toning down the rhetoric has -- that might be something she thinks is important, but has nothing to do with the suspect who has a long history, from the time he was in 11th grade, of being a danger. >> gretchen: she was probably listening to some of the other rhetoric going on after this shooting situation happened on saturday where people were already placing the blame on certain different political groups. which she says, there was a good points, this guy was nuts. >> steve: you can't outsmart crazy. meanwhile, shortly after the tragedy in tucson, we highlight a lot about gabby giffords and the judge. we didn't really talk much about the other victims because we didn't know much about them. now there is personal stories coming out. from the beginning we gave you the name, dorwin stoddard was killed. we told you he worked at a church where he was helping to rebuild and remodel it. but as it turns out, it's also a love story because when the shooting started, he pulled his wife to the ground and jumped on her and she was shot four times in the legs. he was shot in the head and died. but his body shielding her body saved her life. she is expected to recover. >> brian: these two spent all their time, according to friends, helping out other people, helping the homeless, helping the poor, and he was handy, a retired construction worker. if there was a project that needed to be done for the church or in the church, he was the one everybody called. they were high school sweethearts who married somebody else, then their spouses sadly passed away and they reunited and were inseparable. during the time he was shot and they were being transported to the hospital, she kept talking to him, but he was unable to respond, breathing heavy obviously in a lot of pain. >> gretchen: tragic story to read about those final minutes with him. but what an act of heroism in saving the woman he loved. let's bring you some of the other headlines. a look at a water main break in philly where flooding engulfed at least eight city blocks at 5th and thompson streets, if you're familiar with philly. no word on what caused the water main to burst. hopefully it will be cleared up quickly because pladelphia will expect eight-inches or more of snow tonight. >> steve: meanwhile, new video from london where wikileaks founder julian assange made a court appearance. the hearing was brief and assange was ordered back to court on february 7. a judge says he is allowed to stay at a mansion of a friend in eastern england while sweden tries to extradite him on those sex crime charges. >> gretchen: american flag stolen from an elderly woman's yard near orlando. it had been flying in her yard for 25 years. it's one of the few mementos she has of her grandsons who are currently serving in the military and her late husband, who served in the navy during world war ii. lucky for her, the theft also upset local sheriff's deputies who were called to the scene. they pitched in and got her a brand-new flag and went to her house for a formal flag raising ceremony. >> we're here to serve and it feels nice to be able to do that service and provide that. and you go a little beyond, but it didn't take a lot of time and we're able to put a smile on somebody's face. >> beautiful thing, isn't it? you look at it and say, i'm at peace. >> gretchen: wow. all them will be honored with a commendation this morning and millie will be there to thank them. brian? >> brian: the 2011 detroit auto show is underway in the motor city with a preview of what we can expect to see from the auto makers and maybe on a lot near you, we turn to auto expert doug brown, live in michigan. hey, doug. >> hey, good morning, brian. a lot to talk about, including a lot of real high-tech cars, hybrids and such. let's get right to it. all new from ford, check this out. this is the focus, but it's fully electric. the first time that ford put an electric power plant. it's going to come to sale in new york late 2011. no price yet. but this thing can recharge in three to four hours and you can manage the recharging right through your smart phone. how cool is that? also from ford, a crossover type utility vehicle that fits up to seven. ford says they're all about energy, which means you're going to be able to pick from a hybrid, plug in hybrid -- i love how you kick it open -- or a full electric. that's what this company wants to get the message on. that being ford. they're all about alternative energy. from smart, you've seen these cars on the road. this is the smart ford 2 electric drive. they'll release this in 2012. about $599 a month. but i'm kind of thinking around manhattan, this might be a good option. it will have a 98-mile range. they'll plug it in and lease them only. look for these in 2012. here is one for you, brian. this is from porsche. a 918 rsr, check it out, a hybrid. a hybrid race car. 757 horsepower. that will get you home in a hurry. no word yet on whether they'll build it. but traditionally, porsche tends to build their concepts. hybrid race car, who would have thunk it? we'll go ahead and toss it right back to you, brian, as you take a final look at that car. >> brian: what car are you driving home today? do you know yet? >> i have to walk. i'm not allowed to drive any cars. >> gretchen: bummer. >> steve: those cars would be great in new york, but today you need snow chains. >> brian: it turns out to be the winter where we don't plow. so i think you'll only use four wheel drive. >> gretchen: coming up on the show, a sheriff in arizona placing the blame from the shooting on the media. but what about his role? did he miss the warning signs? peter johnson, jr. is next. >> steve: welcome back. check out these numbers. a foot or more of snow expected to fall along the east coast. this is the same storm that buried atlanta under seven inches of snow and there is still airport trouble down there. they've had trouble throughout the deep south. tacoma perry from our affiliate in atlanta is live at the airport where things -- are planes going to be able to take off today? >> well, that's a complicated question. the short answer is yes. but how many and which flights, that's what we don't know. but take a look at this. this is ice. this is more of what we're dealing with now, not just the snow. this is about an inch thick. this is covering all of the highways, all of the interstates and at some point was covering the runways. that's why yesterday delta canceled about 1400 flights. in all, about 2,000, if you count sunday night flight cancellations. also in an unprecedented move, air tran canceled every flight leaving and coming in to the airport. this was the world's busiest airport. now not so much. if you go inside, actually it looks more like a hotel 'cause you have stranded passengers sleeping wherever they can with the airport issues blanket. we have a couple of categories of passengers. you have some that are stranded because they can't leave. you have some that are here, they're home, but they can't get to their homes because the roadways are iced over. we've got stories of university students trying to get back to the spring semester that can't quite get there because there is no transportation that will take them there. it's really, really been a crippling for the atlanta metro area. we're just not used to this type of snow. georgia department of transportation, they have been doing all they can to plow the roads, but nothing seems to be helping. so for now, we've been telling people, if you have a flight leaving or coming in, you want to check before you leave home. we're telling everyone, stay off the roads. but for now, i'm here at atlanta international airport. back to you guys. >> steve: thank you. brian, over to you. >> brian: since the shooting in arizona, former teachers and classmates have come forward about alleged killer jared loughner. listen. >> obvious lack of stability in him. none of us really knew what it was and we weren't going to ask him what it was 'cause -- yeah. he made people feel uncomfortable. he made people feel threatened. a lot of people didn't feel safe around him. >> brian: so many red flags, why wasn't this killing spree prevented? fox legal analyst peter johnson, jr. has been tracking the story for us. first thing, i wonder if it will come out soon that the sheriff did know about this guy, that he was unstable. five incidents at a local community college. >> the issue is did he know or should he have known? the college was well aware of it and under arizona know, they had the capacity as a responsible person to go to the police and say, this person is a danger to himself and to others in the community. they said that apparently in a letter to him and to his parents and said he's not coming back to school unless he has a psychiatric evaluation. but they didn't take the next step to have him involuntary examined in a hospital. that's a failing. another failing here, and i think it goes directly to the sheriff is it's incredible that there was not a sheriff's deputy at this government-sponsored event in a strip mall in front of the safeway. for the sheriff to say, well, no one told us about this, there is an obligation on local law enforcement and law enforcement across the country is glad and happy and obligated to be involved with insuring that there is proper security at any scene where there is a congressman or u.s. senator. it appears to me and it appears to one state representative, jack harper, in the state of arizona from surprise, that they dropped the ball. they dropped the ball big time in that regard. the other issue is why hasn't arizona sent about 115,000 records of mentally ill people to the federal government for the federal gun control check? i'm not suggesting that we impose new sanctions on arizona, but why hasn't arizona sent 100,000 records of mentally ill people. is this alleged assailant part of those records? >> brian: those are two questions, you got to come back tomorrow. you have two issues that have to be pursued. peter johnson, jr., thanks. our next guest is super rich, but says it's not about money. russell simmons here with the secret. first let's check in with martha mccallum and find out what's on her show. >> good morning to you. when the president goes to arizona tomorrow, the question arising now, what will he say? how will he put all of this into any kind of context? will the word tolerance be raised and in what way? a lot of big questions this morning. we'll also talk to a young man who knew jared loughner very well, coming up when we join you at the top of the hour. # >> brian: he may be worth hundreds of millions of dollars. but russell simmons, you don't need material things and money to be happy. >> gretchen: it's all in his new book "super rich, a guide to having it all." he joins us this morning. good morning. >> good morning. >> gretchen: you see that title, but your message inside is how you're rich as a person. >> i think that's the basis of any other kind of success. in other words, if you operate from a place of abundance and you are attractive, there is that, too. but the idea that happiness comes from the inside and all the distractions on the outside are frivolous and could be pushed aside. if you operate from that space, then you become this hard worker, this giver, your work itself becomes prayer and that's attractive. >> brian: and you credit a lot of that to yoga, when you started getting very spiritual through yoga and you get very specific. but one thing that told you a lot, i understand, is when you got the check, the huge check by selling def jam records. you didn't feel like that was an all-time high moment for you. >> not at all. no think there is any payment that really inspires you the way actually giving. >> brian: you never have to work again after that! >> if you don't work, what do you do? i wake up every morning and i go to work and i enjoy it. we're here as servants and when we recognize that and enjoy your work, there is really no payment. there is nothing they can pay you. i think that it's interesting because lots of people are anxiety filled and in my book, the first chapter we talked about redefining rich. jesus taught two sermon, one for the masses that said, if you went to work and you had this focus, that you would get a return. romans, they paid them tax, they were anxiety filled. his disciples he just said, keep your head down. god will provide. and that in such a way that it was a promise to trade, but more promise to give. i think we're here as givers. >> steve: we want to continue the conversation with you. you going anywhere? >> no. >> steve: he's going to be on the couch with us in two minutes. hope you'll stick around. right back. >> steve: before we go, give us one little nugget, a moment of zen from your book. >> i think the idea that we're here as servants and to be a good giver and the truth is, for people, they need