110 others hurt. there are reports a woman and a man homicide bomber may be responsible for the blast that ripped through the arrival section of domodedono airport. moments before, the man was heard yelling i'll kill you all. suspicion is thrown on checan terrorists. he worked for the u.s. military and then sold our secrets to china. now a judge sentenced the former engineer for the b-2 stealth bomber behind bars for 35 years. prosecutors wanted him to get a life sentence after helping china design a cruise missile that makes chinese rockets invisible to american radar. prosecutors say he pocketed about $110,000 in that trail of u.s. loyalty. convicted al-qaida operative will be sentenced in a new york courtroom today. the former gitmo detainee faces a life sentence but get this, his lawyers are asking the judge to go easy on him claiming he was tricked into helping to kill 224 people by blowing up the u.s. embassies in africa. authorities fear we're looking at the beginning of a disturbing new trend. criminals targeting police officers for murder. 11 officers have been shot in just the past 24 hours. the latest, yesterday in st. petersburg, florida, two officers were killed while trying to serve an arrest warrant when the suspect opened fire. the suspect also dead after more than 100 shots were fired across both sides. overnight, near los angeles, a high speed chase ends in a violent crash with an innocent driver caught in between. >> oh! >> police chase a suspected drunk driver for nearly three hours through more than half a dozen towns before that crash. the driver of the other car reported to be unresponsive. but there's no update on the victim's condition. and those are your headlines. i thought in california, they changed those high speed chases but maybe that was not high speed. >> looked pretty fast to me. >> no kidding. looked bad as well. >> meanwhile, straight ahead, first lady michelle obama has invited some special guests to sit with for tonight's state of the union address. kelly wright has more on the hottest ticket in d.c. >> tonight as president obama delivers his state of the union address, he'll have some very special guests sitting next to the first lady, michelle obama as well as dr. joe biden, the wife of the president. they'll include the medical team that helped in the tucson shootings and sitting next to the first lady will be the reluctant hero, daniel hernandez who helped save the life of gabrielle giffords and he'll be joined by a doctor who was among the talented doctors and staff who treated giffords and helped her recover from the gunshot wound to her head and intensive care nurse says she's honored to be among the president's special guests. >> to have this gift extended to me, i am so gracious. i can't even explain how grateful i am. >> also joining the first lady, the green family of tucson, arizona, john and roxanna green are the parents of 11-year-old and the late christina taylor, the 9-year-old girl killed when a gunman opened fire on congresswoman gabrielle giffords. at 9 years old, christina taylor already had big plans to one day serve her country. president obama will also acknowledge guests from other walks of life such as the business community. chief justice john roberts may be a no show tonight and justice sam alito will not attend. >> kelly wright, thank you very much. you know what they refer to the president's guests, brian and gretch, when they appear in the -- alongside the first lady or in the presidential box. >> i don't know. i thought they just called them guests. >> some call them presidential props but according to "the washington post," they call them sputniks. that goes back to the early 1980's when a fella dove into the potomac jumped in to save some people who were drowning in the airplane in the potomac. nancy reagan invited him to be the first guest. a little trivia for the state of the union morning. >> oh! >> as we look at the speech today, you have to wonder why the president and what is behind the president moving to the middle on many different issues and many different appointments. if you look at his new chief of staff and if you look at who is heading as national economic council. if you see the people that has been turned over in the administration, asked to leave or suddenly decided to resign, you realize the president has shifted stances as he gets set to run for election in 2012. >> someone who has picked on this besides the three of us on this show and our contributors, bill o'reilly. here's what he thought about it>> president obama has two years to convince independent voters that he's making their lives better. if he can't do that, he's not going to be re-elected. as it stands now, if the election were held today, i believe mr. obama would be a one-term president. >> exactly right. >> why he's changing his tune. so much of the debate has been whether or not he believes within his heart these centrist feelings or is he just doing it purely to get re-elected? so a few highlights from what's going to happen tonight. i mean, he's not going to give a specific action on entitlement spending which has been a huge point of discussion over the last few months, talking about all those pensions and why many states find themselves in dire straits with regard to paying off his bills. he's not going to talk about social security. apparently no specific plan on that. >> and, you know, it will be interesting to see whether or not he talks about civility as he did in the last address that we heard. i will. and there's a republican strategist by the name of mike mckenna, he says if the president repeats his calls for a civil political discourse, it will be an "overattempt to suppress dissent." and he goes on to say these guys are the barest knuckle brawlers to sit in the white house since the nixon administration to take a lecture from them on civility, is just comical. will he do that? stay tuned. >> we'll have to say if we hear blame bush on this particular state of the union. i think last time, we kept count. so let's see if that civility will be part of the president's speech. but we are remembering back to just last year, hard to believe another year has gone by but right before that state of the union in 2010, remember when the president said that he would rather be a one term president, a good -- a good person and end up being a one term president with his policies than serve two terms. this is what he said. >> the one thing i'm clear about is i'd rather be a really good one term president than a mediocre two term president. >> there you got him. when he went into office, he had all these stances firmly in the left and now as it comes time where we're thinking about re-electing our president in a couple of years, he's shifting to the middle. maybe things didn't work so well way over on the left and in fact, we got a fox news opinion dynamics poll to show you exactly how america feels. is president obama meeting expectations? a year ago, 36% of you said he was meeting. 37% now say he's meeting. but look at the bottom number. last year, it was 50%. now, 53% of you say the president is falling below expectations in his job as commander-in-chief. >> what do you think is behind the president's move to the center? do you really believe he's moved to the center, changed stances, learning on the job or do you think he's doing it to make sure he gets re-elected and he understands that's the popular thing to do. is his heart in it? valerie jarrett, we'll ask her that question coming up at about 7:40 eastern time and that's her. she'll be on via satellite from washington. we'll be on the couch. >> in the meantime, another one of the people in president obama's team is leaving now, carol browner, she was technically the assistant to the president for energy and climate change. she has now announced that she is going to leave and that is without passing a comprehensive energy bill which was her number one goal but you remember seeing her as the face of the spokesperson from the president's office after the gulf oil spill. she did a lot of work on that. she also was responsible for trying to get that cap and trade bill passed. remember, it passed in the house but it didn't have any luck in the senate. >> that's probably why she's leaving. when the democrats control both the house and the senate and the white house, they had a pretty good shot of getting that through. she's the one who was waging the war on carbon but now with them not in control of the house, and interestingly enough, it sounds like she may not be replaced. remember, she is the essentially the climate change czar for the white house, who ironically had not read the bill up on capitol hill. watch this. >> carol, before you go, i know the bill is over 1,000 pages long. have you read it? >> i'm very familiar with this bill. we have -- >> have you read it? we have been watching this for a very long time. >> i'm sure you have an idea of it. have you read it? >> i've read major portions of it, absolutely. >> the answer no, you haven't read it. >> no, no, no, that's not fair. that's absolutely not fair. >> just asking if you read the 1,000 pages. >> i've read vast portions of it. >> well, it doesn't mean it's ok to litter. if you're an insurance company and want to find out if someone is committing fraud or taking your money, costing the american population more money because premiums go up because people are cheating the system. >> hire a private eye? >> right. rather than do that, they have another way it find out if you are indeed committing fraud on your policy. >> yet another reason to not go to social media to talk about your personal life. especially when you're not at work. so now it turns out that some of these insurance companies are looking at facebook, at your postings there to see if you're committing fraud. there's one particular example to a young woman named natalie who apparently filed for disability benefits and then her company or the insurance company saw her frolicking around town and having a good time and apparently she said she was depressed and they used those photos as a reason why she's not disabled anymore. now there's a big lawsuit erupting from that. >> you say you're disabled and running an ultramarathon across saudi arabia, that's a bit of an issue but sometimes it can be a double edged sword. you get around or these could be old pictures of you running before an injury and all of a sudden, you have to explain yourself and try to find the carbon dating to prove these pictures were from the injury. >> right. now, there are a number of attorneys who say one of the first things they do, if they take you on as a client, they say i want you to strengthen your security settings on your facebook and twitter or stuff like that or get rid of it all together. they say this is, however, the launch pad for an investigation. for instance, if they see those pictures of you, you know, doing some ultramarathon as brian mentioned or something like that, then they'll follow you for a little while to figure out whether or not you're on the go when you should be bedside. >> speaking of photos, we have incredible photos. how this woman survived a 23-story plunge thanks to a taxi cab in the right place at the right time. check out that photo. >> all right, and the president's victory of health care came at a cost during the midterm. how will he keep his promise to lower the national debt? >> former white house press secretary, that man, ari flesher tells us what spin we can expect tonight. 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? to london starts with arthritis pain... and a choice. take tylenol now, and maybe up to 8 in a day. or...choose aleve and 2 pills for a day free of pain. 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[ male announcer ] buitoni wild mushroom agnolotti. simple ingredients, artfully prepared. buitoni. create an italian masterpiece. in the refrigerated section. >> tonight is the big night, president obama will deliver his second state of the union address. a lot has changed in a year including a soaring national debt. so how will the president address those changes in his speech? here to take us behind the spin, former white house press secretary ari flescher. good to see you this morning. >> good morning. >> i know a lot of things have changed and one of the most significant things is the debt. it continues to soar out of control. let's take a look at where the debt was last year at this time when he gave the speech. $12.3 trillion and now it's $14 trillion plus. what's he gonna say about it? >> well, i don't know what he's going to say about it. i hope he makes it the emphasis of the speech because the fact is that debt is what's going to crush america's future. and we need only the president can lead on an issue this big, especially the divided congress. we need president obama to put his shoulder to the wheel and do something meaningful and big on the debt. >> we've heard that congress is going to be called to raise the debt ceiling again. what would you say about that? >> this is where we'll find out if the president got the message of the election, to stop the spending spree, don't call it investment when it's more stimulus spending and another stimulus program but to actually meanfully reduce the deficit and tackle the debt and i don't know what he is going to do but it doesn't sound like any of the indications are that he wants to dedicate his next two years to this big mission. >> right. according to people in the know, he will talk about no specific action on entitlement spending. he will talk no specifics on containing social security costs. and then, of course, we have the whole jobs situation. let's take a look at the unemployment rate. last january, when he gave the state of the union, 9.7% unemployment rate. now it's 9.4% but many people say that's relatively the same because it's fluctuated between 9.4% and 9.7%. >> the problem he has is he keeps talking about jobs and nothing happens. in his first state of the union in 2009, he said let's begin with jobs. that's where everything begins. last year, he said jobs is issue number one. for the third year in a row, he'll say the same rhetoric. the unemployment rate has never been this high and this long since the 1930's. that's the problem with unemployment. he doesn't have the solution for it, just the economic growth. i go back to entitlements. presidents need to do big things and my question is will he doodle in the margins of history when it comes to the debt and spending or will he do something about it? that's what i'd like to see president obama focus on. >> he's going to be speaking to a different audience, whether or not they're sitting next to eacher, republicans and democrats, there's going to be more republicans. let's take a look at how that changed in the last year. of course, back in 2010 in january, the house majority was democrats. now the house majority is republicans. what do you make of this idea that they're partnering up? >> i like it. i like the symbolism of it. i like the change of tone of it. don't extend it too far. they have a lot of issues to tackle. what can the president do that can attract support from the center of both parties? that's a hard thing for presidents to do. >> do you believe he has the centrist values now? do you really believe that he believes these policies he's talking about after the way he governed for the first two years? >> my view is he is very comfortable being an ideological dogmatic liberal. but he also wants to be successful. i think that drives him more than anything else especially going into a re-election year so yes, i think there are possibilities to reach grand margins are republicans especially on economic matters. the center of this country is fiscally conservative. he needs to catch that message. >> thanks. are we going out to steve and brian? >> we are. >> with the power vested in you. we'll take it, thanks, gretch. say hi to ari for me. he seems nice. top republicans cracking down on broke states. they say no bailouts and no bankruptcy. what's left? cutting out pensions and unions? stuart varney is up next. in fact, there he is. >> you're up next. >> i am indeed. >> ok. follow him. meanwhile, remember this car? now we know who owns it. and how he's trying to explain what happened to his wife. fiber one chewy bar. how'd you do that? do what? you made it taste like chocolate. it has 35% of your daily vue of fiber. tasty fiber, that's a good one! ok, umm...read her mind. [ male announcer ] fiber one chewy bars. delicious, real ingredients with no artificial flavors or preservatives. naturals from purina cat chow. share a better life. i love my grandma. i love you grandma. grandma just makes me happy. ♪ to know, know, know you grandma is the bestest. theotal package. grandpa's cooooooooool. way cool. ♪ grandpa spoils me rotten. ♪ to know, know, know you ♪ is to love... some people call us frick and frack we do finger painting. this is how grandpa and i roll. ♪ and i do pins fall ] grandma's my best friend. my best friend ever. my best friend ever. ♪ [ laughing ] [ boy laughs ] ♪ to know, know, know you after this we're gonna get ice cream. can we go get some ice cam? yeah. ♪ and i do ♪ and i do ♪ and do >> couple of quick headlines for you right now. a series of gas leaks sparking huge fires in the ohio town of fairport harbor. fire crews worked in below freezing temperatures to put out the flames. 3,000 people forced from their homes. 15 actual homes destroyed. and today, chicago election officials start printing mayoral ballots without rahm emanuel's name on them. rahm got knocked off the ballot because he hasn't lived in chicago for the past year. rahm's lawyers are asking the illinois supreme court now to overturn the appellate court's decision. brian? steve? >> you know what? there's a guy sitting next to me who is going to answer that question. first, let's set him up. cash strapped states are trying to find a way to get out from underneath their crushing debt as you know. some have suggested that washington provides some relief but the house majority leader eric cantor says nope. >> he says "state governments have at their disposal the requisite tools to address their fiscal ills. there will be no bailout of the states, that's a part to remember. states can deal with this and have the ability to do so on their own." >> hey, stuart varney. how does this change what we're discussing 48 hours ago? >> when is a bailout not a bailout? now, eric cantor says no bailout for the states. and he runs the house that runs the money, ok? no bailout for the states. but what happens if tonight in the state of the union message from the president, he says we're going to make investments in the states in education, and in infrastructure? he's likely to say that. that's federal money going to the states, going to help them out, is that not a back door bailout? so eric cantor closes the door formally on the formal bailout. but maybe the president will open the door again tonight. that's entirely possible. >> right. we're talking fairness here. why is it one state can run their -- their economy just fine, they don't need a bailout and then other states, they run up a big bill and suddenly it's like can you help me? >> that's a huge political problem, isn't it? if the president or anybody in congress gives money to one state because they've got themselves into a mess, what are other states going to say? >> why should we in our state bail out illinois or california? or new york? >> why should taxpayers of texas or missouri or, you know, any responsible state which is fixing its own problems, why should it hand money to the taxpayers of california or the people of california who got themselves into this mess? >> i argue, stuart, there's not a chance that the president will do this. here's why. because he saw the damage that was done with the -- with the bailout of the car companies so the bailout when the -- when the stimulus package just wanted to keep state workers. >> he won't call it a bailout. it will not be called a bailout. it will be called an investment in america's future. money going -- >> that sounds good! >> can't color america that naive, can you? >> yes. >> you can? >> i can do that. >> look, look. the wall, the brick wall is getting closer and closer and a lot of states are running right at it. >> gotcha. >> we're getting closer and closer to a crunch point. it is coming. >> all right. and so is your show. 9:20 eastern time. who is your guest? >> kim strossel, star of "the wall street journal" is whether president obama is moving to the center or not. >> we'll be tube side. >> i'm sure you will. >> you're in a darkroom, gretch. >> but i need to wake up with some bright sunshine. here's what's coming up on our show. all signs point to the president gearing up for a second term. but do you remember this? >> i'd rather be a really good one term president than a mediocre two term president. >> so are the american people buying what the president is saying? we'll debate that next. then this story is unbelievable. she plunged 23 stories from a hotel and lived. because she landed sitting up on the hood of a taxi cab. and happy birthday today to alicia keyes, the singer and actress is only 30 today. what a very young woman she still is and a great singer. 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honey, i froze the car! well, a manhattan man now trying to explain -- you have to come and see this video if you're not watching the screen right now. he has to explain to his wife how their car was completely frozen over. >> it's about a foot of ice in the ground, the front tire, front right and my car was an ice sculpture. >> so peter helfer using a blow torch literally, a hammer and a chisel to rescue his audi stationwagon smashing his back window in the process. probably accidentally. it froze over after a nearby water line burst and other cars drove by. he found his frozen car after watching his favorite football team, the new york jets lose in the playoffs. >> did he break the back window? >> i read that he did. probably by accident. >> probably. keep that blow torch away from the trunk because that's where your gas is. >> absolutely. my pipes froze yesterday. i try to keep my problems away from you guys. >> you got frozen pipes? >> just the downstairs. so my brother had this great idea. blast the heat. blast the heat as high as you can and sure enough, by about 1:00, it opened everything up. >> holy cow. >> probably will have to do a down payment plan on the heating bill at the end of the month. no one had shirts on in my house. >> typical monday. >> absolutely. >> let me show you what's going on. in dixieland, there's a lot of rain. thunderstorms at times this morning all the way from arkansas down to the gulf coast and moving as you can see through portions of south central georgia at this hour. it is heading up the coast, folks. meanwhile, we do have a little -- a little bit of snow activity. i think right now, some of the heaviest and it's just flurries in connecticut at this hour moving to the north. meanwhile, as you can see, right now these are the current temperatures. we got 28 in new york city. if you're planning on freezing your stationwagon, good day to do it. better yet in caribou, maine, it's 11 below zero. that's not the wind chill. that's the air temperature. and 16 right now in minneapolis. later on today, things are going to warm up. we'll be almost 40 in new york city. it will be freezing in cleveland. and in chicago, 26 degrees. and that's a quick look at the fox travelcast for this chilly tuesday. >> and go out next hour, right? >> 7:30 i'll be outside. >> he has to go outside for the weather. got a reprieve for 6:30? >> i did. >> very good. >> but it's -- >> you guys can go outside, too! we all have coats! >> we're not the weather people. >> it's such a shame, steve. i wish i could. i wish i had notice. i would have brought a coat. >> yeah. >> for the headlines -- >> no wonder your pipes froze. >> that's true. all of them. the accused underwear bomber set to speak up in court today. umar farouk abdulmutallab has a date in court and he's chosen to speak for himself. the judge may set a trial date for this hearing. he is accused of trying to blow up a plane on christmas day in 2009 using explosives hidden in his underwear. >> genius. meanwhile, police on long island, new york, think they have a craig's list serial killer on their hands. that's because they have just identified those four female bodies found dumped on a long island beach last month. they found at least three of the four women all used craig's list to advertise their sexual services and it appears the suspect may also be hunting a certain type. the victims were all tiny under 5 feet tall and weighed about 100 pounds. >> michael jackson's doctor is expected in an l.a. court today. conrad murray plans to plead not guilty to charges of involuntary manslaughter. dr. murray's lawyers say he will not cop a plea in michael jackson's death. he wants to go to trial. he will claim that jackson gave himself the deadly dose. >> meanwhile, a woman jumps from the 23rd floor of a hotel and survives. it happened in argentina. a woman jumped 330 feet and landed on top of a taxi which broke her fall. and amazingly, saved her life. the cab driver had just gotten out of the car and would have been crushed if he didn't step away. the woman is now in the hospital with broken hips and ribs but she is alive. >> all right. let me tell you what's happening at the world of sports. some controversy after sunday's championship games. the steelers and packers, as you know, will be moving to the super bowl. but the drama involving bears quarterback jay cutler is really a hot topic in the national football league. cutler left the nfc championship game in the third quarter with a knee injury and proceeded to get bashed by players on twitter about his toughness and commitment because he seemed to be fine. now, we learn that cutler sprained his ncl in his knee. his bears teammates and coaches have defended him adding that the medical staff pulled cutler because his injury was indeed severe. he would have been questionable for the super bowl if the bears had made it. that would have been a two week waiting period. >> his own players did it and other players had twittered about saying come on, you got to play. this is a best game. both of the nfc games were the best rated playoffs since 1997. this leads up to super bowl xl , packers against the steelers. we'll be live out there beginning on friday so come down to the nfl experience. coming up on radio, between 9:00 and noon, kevin williamson will be joining us, author of politically incorrect guide to socialism. he'll be running again, former senator george allen and gretchen carlson in the final hour. gretchen, that should be fun. meanwhile, talk about fun, that's what steven is poised to do. >> here on the radio. >> when president obama takes to the podium on capitol hill tonight, all indications point to a shift to the political center. he's been way to the left and now to the center. a move being welcomed by republicans including senate majority leader mitch mcconnell. auto >> i'm happy that the president is pivoting and we all know why. let's see if he's willing to do it. if he is, i think he'll find a lot of help among republicans in congress. >> let's talk to our radio rumble from tampa, the youngest syndicated radio show host, chris makowski and from atlanta, mar martha zoeller. good morning, everybody. >> good morning. >> president is moving to the center. does he mean it? is this what you do to get re-elect ed? >> of course it's what you do to get re-elected. guess what? what politician ever says what he's really thinking. everybody sticks their finger in the air and they decide what the public mood is and then they try to respond accordingly. obama did what he had to do to get elected and he was very popular. and then what he promised didn't work out and then the election came along this past november. and then we had a whole new shift in power at the house of representatives. now he's going to shift to the center. i think the average person is not necessarily believing the republicans or the democrats, i think the american electorate is skeptical of everybody. it's like do something, show us you're doing something. get the unemployment rate down. people want jobs. >> you're right. >> whoever gets them jobs is going to win the election of 2012. that's it. >> there you go. all right, tom, martha, what do you think? >> well, i think that what happened honestly is the president realized there's no such thing as a really good one term president because by definition if you don't get re-elected, you weren't a very good president and he understands that the american people, the independents don't have faith in him anymore. so yes, political but at the same time, my listeners are saying that, hey, we need to see he's really going to do this and not just talk about it. nobody has any doubts this speech tonight is going to be fabulous. this is what he does the best. will he back it up with action? >> good question. what say you, chris? >> you know, they're talking about all these new buzz words. they mentioned it this past weekend, we're going to be investing more and doing more. my listeners are not buying into it. i'm not buying into it. last week he had an op ed in "the wall street journal" talking about getting rid of regulation, yet we're not going to talk about carbon dioxide. sorry, ok, i agree with mitch mcconnell, it's a trust but verify type moment. >> what are your listeners saying to you about what they need to hear from the president regarding jobs? you mentioned that a little while ago. >> well, it's real clear that whoever can produce jobs and lower the unemployment rate is going to be in line for the nobel peace prize with america. by the way, i want to go back to something martha said, is martha saying that george h.w. bush was not a very good president? i was surprised to hear her admit that. >> martha? >> well, i mean, certainly he was a great national securities president but he didn't get his message across on the economy. and by definition, a one term president. >> that's right. >> could not make a good president. that's right. that's right. >> on that point, tom, it sounds like that's what she's saying. >> that's what i'm saying! >> meanwhile, chris, before we get to what your audience is saying about jobs and the economy, the president's five pillars or his recipe for jobs and the nobel peace prize as tom just said, going to talk about innovation and education, infrastructure which means we're going to have to spend some more dough on bridges and stuff like that, deficit reduction and government reform. chris? >> didn't we just do this? >> correct me if i'm wrong, aren't we supposed to just invest in all these various different things and we already have a stimulus package. if we want more jobs, we're going to have to -- the government is going to give it away. it's like humpy dumpty, if the government gets out of the way and allows capital to flow to the places that will actually use it correctly, we won't run into all these problems. government's investing in solar power plants in massachusetts that are closing down. in california, that are closing down. government has a bunch of bureaucrats. since when are they good at deciding what investments are right and what investments are wrong? >> good point. >> you have to have deficit reduction. you have to get regulations out of the way and the government has to stop picking winners and let the free market do its thing. >> all right. we're going to all be watching to see what the president has to say tonight. you can see it here live on the fox newschannel. chris and martha and tom, great radio rumble. thank you very much. >> thanks, guys. >> thank you. >> all right, meanwhile, two people over on the couch, brian and also gretchen. >> thank you, steve. good job, nice rumble. meanwhile -- >> yesterday, we showed you this spectacular crash. a man nearly escaped death with a last second swerve right here! yep, there he got it. he's here to tell us about his incredible talent that saved his life. >> and -- >> supreme court justice elena kagan had to report for jury duty. wait until you hear who got called next. this one even above her pay grade. >> i can't wait! hey, lawrence, my parents want to talk to you. oh. about what? uh, they don't really think you're an exchange student. what? they think you're a businessman, using our house to meet new clients in china. for reals, player? [ woman saks chinese ] they overheard a phone call. speaks chinese ] something about shipping with fedex to shanghai. and then you opened a bottle of champagne. that was for a science project. [ man and woman speaking chinese ] i'm late for..occer... rehearsal. [ man speaks chinese ] you and i are cool? i'll be home by curfew. [ male announcer ] we understand.® you need a partner who can help you go global. fedex. you need a partner who can help you go global. so we set out to discoverat to bthe nutritional sciencee. in some of nature's best ingredients. that's how we created purina one with smartblend. nutritionally optimized with real salmon, wholesome grains, and essential anoxidants for strong muscles, vital energy, a healthy immune system, and a real difference in your cat. purina one with smartblend. discover what one can do. >> 45 minutes after the top of the hour. couple of quick headlines for you. be prepared to pay more for your big mac. mcdonald's is looking to increase the price of some their menu items to deal with the cost of cheese, chicken and beef. elena kagan had to show up for jury duty. guess who is next? joe biden. he was dismissed around lunch time along with the rest of the jury pool. if they had a case, they would pick the vice president. i don't know, why don't you ask the judge? >> i will, if we have time. we have a big agenda. jared loughner making his second court appearance and pleading not guilty to federal attempted assassination charges for the shooting of congresswoman giffords and her aides. loughner will be charged with murder for the other victims at a later date. but it may take years before this case is over. why? fox news senior judicial analyst and host of "freedom watch" judge napolitano here to explain why. judge, why so long? >> there are so many issues that have to be resolved before they can ever get to a jury. that the appearance yesterday which was the second, you'll see, maybe hundreds of these before you actually have to get to a jury. yesterday's appearance was in phoenix, the government said let's go back to tucson. the defense said let's go to san diego where the judge is from. there will be a battle for weeks over where he can get a fair trial. then the decision has to be made as who is going to charge him with the other crimes. for example, was it a federal crime to murder judge roll? if judge roll was there in his official capacity as a judge and if loughner was trying to prevent him from executing his official duties, then that's a federal crime. if judge roll just happened to be there and loughner did not have him in his sights and happened to kill him, that's a state crime. it will take a long time to sort all of this out. the government actually has a little leg up here, though. they've assigned 250 f.b.i. agents to investigate what happened. that is about 10 times the number of people normally investigated -- normally assigned to investigate a murder of this nature. >> now, judge, why don't they just cut a deal? will they save the country some money to cut a deal? >> yes. remember, that is what happened with the unabomber, the evidence of his murderous rampage was indisputed and they cut a deal. deal would be life in prison without parole would have to be cut twice with the federal government -- >> meanwhile, on the side note, he showed up giggling and he's trying to get poised for an insanity plea. >> either he really is insane and doesn't know he's in a courtroom or it's an act. >> i want to find out what's on your show tonight. >> christie noem, the hot new freshman member of congress is going to tell us why the president's state of the union address is just a pep rally. >> when you say hot, you mean exciting, intellectual lawmaker. >> and good looker, too. >> ok. i'm trying to save the guy's career. >> you want to come on set -- >> i'm thinking about it. >> thanks, judge. >> meanwhile, coming up straight ahead, the driver narrowly escaped death, yes, as a semi, you're about to see, came barrelling across the highway. there's more to the story like why he had dash cam in the first place. you'll find out from him. got 10 minutes, can you save your marriage? that's all you need. you can save everything. ♪ it's a new day i'm loving weight watchers new pointsplus program and the edge it's giving me. ♪ and i'm feeling good go on, join for free. weight watchers new pointsplus. because it works. weight watchers new pointsplus. funny thing about vegetables... they fill you up without filling you out. yes! v8 juice gives you three of your five daily servings of vegetables. that's what i'm talking about! v8. what's your number? it's your fault. naturally, blame the mucus. well, i can't breathe. did you try of course. blowing your nose? 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[ mucus ] new advil congestion relief. the right sinus medicine for the real problem. >> video is scary as it gets. an out of control truck swerving across the lanes of a highway and smashing through the concrete median right there. as you can see, the truck just misses another driver who is lucky to be alive. >> and that driver's dashboard camera actually recorded the whole thing as you can see. matthew joins us this morning to share his incredible story. good morning to you, matthew. >> hello, how are you? >> doing just fine. so i understand that you had just recently put in a dash cam in your car. why? >> well, few things. i guess i just generally love gadgets and the other reason, i was in an accident before where just having a camera would have made the whole process a lot easier with my insurance. >> sure. matthew, as we look at this video and you saw it live. when you saw that truck coming towards you, what was going on in your head? >> well, not a whole heck of a lot. time just slowed down for me, the whole process seemed to take about 30 seconds and i swear i could see every little piece of debris on the hood of the car and it really didn't seem like much at the time. only after the fact i really just kind of -- i mean, sorry for the profanity but i had just kind of had a realization, did i just survive that? >> yeah. >> no kidding. i'm sure a lot of people would have that feeling if they were around to have that feeling after this. and one of the reasons that you are around here and alive today is because you play a whole heck of a lot of video games and a lot of them are car racing video games so there's a positive in playing so many video games? >> well, i mean, as a kid, how else are you supposed to learn the mechanics of a car? you can't have a driver's license and i kind of give credit to the racing games that i used to play. you really pick up the mechanics of a car at a young early age. >> as we look at it, i could see how it almost looks like a movie or like a video game with it coming forward at you. you've just -- that's just amazing. was there anybody in the car with you? >> my wife was with me in the car at the time. >> what did she say? >> well, in the video, she asked me if i was ok and i kind of irritatingly responded yes, i'm fine. of course i'm here with you. i just avoided the apocalypse. >> no kidding. >> it's amazing that nobody was hurt. in this accident. >> i know. it was truly a blessing. >> what do you credit that to? >> well, i credit that to quick responses and the good driving of everyone involved because if someone wasn't paying attention and got into an accident, you know, i could have hit someone else's car or someone else could have hit my car. >> you're lucky to be alive. >> thank you. yes, i did go to church on sunday to thank god for what happened there. >> i would, too. that is an amazing story. we're glad that you and your wife are a-ok. joining us today from toronto, matthew, thank you very much, sir. >> thank you. >> that's some good driving. >> and now, i guess, i won't feel so bad when my little son wants to play video games all the time. maybe it comes in handy. >> as long as it's a car driving game and not some crazy light saber. >> yeah. >> exactly. >> next on our rundown, he's the guy that steered g.m. and chrysler through bankruptcy. what does he think about bailing out bankrupt states now? what you hear may be a big surprise. >> you're about to see a whole lot less of president obama on shows like that one. that story is top of the hour. 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"fox & friends" hour two for a tuesday starting right now. >> the difference a year makes. state of the union coming up tonight, hours away. you got to be watching it here. when the president drafted the speech and approached the speech, he probably listed on one side all the differences between last year and this year. it is dramatic. >> yeah, and we found that paper and we're going to blow it up and show folks the differences. >> fantastic. >> would you like that? >> not the state of the union. the altered state of the union. so let's go back in the way back machine to look at one year ago today, vs. what the president faces today. >> all right. so the first thing, of course, is the make-up of the congress. specifically, the house. because back in january of 2010, the house majority, of course, was democratic and now the republicans have the majority in the house and they have more seats in the senate as well but not the majority. >> they'll be so mingled up, it's going to be hard to tell who's got more. when it comes to approval ratings not much of a difference. this surprises me. surprised me the approval rating isn't further down than this. >> it's rebounded recently. >> it's up around 50% then and now it's around 47%. some polls have them over 50. >> let's talk about the unemployment rate in this country. one year ago, it stood at 9.7%. now it's at 9.4%. however, that does not factor in underemployment which in this country is close to 20%. >> of course, what's on the forefront of many people's minds, the debt. and the debt ceiling they may be voting on in a couple of months. the national debt only $12.3 trillion and now, i say tongue in cheek, only $14 trillion and growing exponentially every day. >> you remember this, the health care was number one on the president's agenda. that was the thing he was talking about, diane sawyer when he said i'd rather be a really good one term president than two term. now patient protection and affordable health care act signed into law, that's now official and the other thing underlying all this, will the president bring up the fact there is a repeal done and pass the through the house and will he address the fact that i'm willing and open to make my hallmark passage better? >> i bet he does. take a victory lap. >> i'll put an autographed copy of "pinheads & patriots" autographed by steve. >> put o'reilly in the mix. >> one of the ways that the president was swept into office, he promised to get us out of the war. which war? a year ago when it comes to afghanistan, we had 71,000 troops in afghanistan. now we've got 97,000. last year, we had 151,000 troops in iraq. that number is down to 47,000. nonetheless, we have a lot of men and women in uniform in harm's way. >> to the president's credit, he is going to be talking about the military and saying we got to do more for the physical and psychological well being as they come home. >> going to get more specifics on his speech when we speak to one of his top advisors, valerie jarrett joining us live at 7:40 a.m., eastern standard time. something else that could change in the upcoming year, of course, the president is going to get a lot of face time tonight with his state of the union speech and he's had a lot of face time over the last two years. what i mean by that is he's been on tv shows so many different kinds of tv shows, many of these shows for the first time a president has visited them like "the view", etc., guess what? now they're saying in 2011 and 2012, we're going to see less of the president on television. >> one of the writers for "the new york did a column today where he talked about the president of the united states has a lot of exposure. the first year, 90 appearances on shows like that one. the jay leno show. >> david letterman. >> david letterman. >> "the view". name a president and you could go back as far as truman. when is the last president who went on myth busters? >> not really. i don't think truman was tempted for a while. few things he couldn't figure out. >> the problem, this writer says, when you do all those shows, maybe you don't look quite so presidential. so ramping up to his complete re-election effort, probably going to see less of him in less presidential venues. >> it won't be barack, your facebook friend anymore. he said that was too much the image. when they saw him in tucson looking presidential and showing liter leadership and inspiration, that's what he should be doing. what was the president's first round of advisors thinking saying that was a good idea. >> it came from the fact that he had so much of the young vote in this country and they thought by appealing to the young vote through some of those shows that that would continue through the midterm elections and then the young didn't really show up for that election so they may have a bit of a quandary as to who they're going after. the independents or the young vote coming up in 2012. >> whoopi, or is it going to be barbra? let's find out. >> name dropper. >> yesterday, rahm emanuel got some really bad news. he left the white house, great job as chief of staff to run for mayor of chicago. >> how's that going? >> they have this thing called the residency requirement, right? they require you actually to be a resident of chicago for a year. yesterday, by a vote of 2-1, a state appellate court judges said who is he fooling? he didn't live here. you can go ahead and appeal it, mr. emanuel. we're going to say we're not eligible. dick morris thought this was funny last night on hannity. >> is there anybody in the united states who thinks that the chief of staff to the president of the united states doesn't live in the white house? he lives in chicago? you got to be kidding me! he's trying to sell the idea that he lives in chicago when obviously his job was in washington. >> but he's -- >> one of his arguments is and the lower court said ok and the appellate court said no and now the chicago -- excuse me, the illinois state supreme court will ultimately probably rule in his favor. but here's the thing, what he says -- what i did for the white house is almost like serving in the military. so you should look at my service there as service in the military. he kind of stood by that, who he rented his house to is get out. >> they have to move quickly with this because the ballot, they're voting, i think, in the primary february 22nd. >> yeah. >> early voting starts next week. >> so if he's not on the ballot, then you got to -- >> one month from today. >> there could be a whole bunch of snafus if he's not on that initial ballot. >> some people are saying maybe we could write him in. no, if you're not eligible, you cannot be eligible if you do not meet residency requirements, you cannot -- >> if they determine after the fact that he is eligible, they might consider those write-ins. >> it is going to the supreme court of illinois and it is illinois and i was reading on the blogs today, they don't put it past from the illinois supreme court from overruling and he mights actually be on the ballot. stand by for that. >> ok. now to the headlines and stand by for this. we have a fox news alert. new surveillance video at the moment those bombs went off inside one of moscow's airports leaving 35 people dead. 110 others hurt. there are reports that a woman and man homicide bomber may be responsible for the blast that ripped through the arrival section of domodedovo airport. moments before the explosion, the man was heard screaming "i'll kill you all". right now, suspicion is being thrown on checan separate is who have waged a reign of terror including twin subway bombings last year. president obama's top advisor on energy and climate change says she's stepping down. carol browner will leave the white house as republicans in congress prepare to take on the administration over global warming and its response to the gulf oil spill. no decision has been made on whether she will be replaced or if the position will simply disappear. convicted al-qaida operative will be sentenced in a new york courtroom today. the former gitmo detainee faces a life sentence. but get this, his lawyers are asking the judge to go easy on him because ghalani claims he was tricked in helping to kill 240 people by blowing up the u.s. embassies in africa. an iraqi immigrant accused in the so-called honor killing for allegedly running down and killing his own daughter now says the whole thing was an accident. a lawyer for the man now claims his client ran his daughter over with his jeep because he was too busy trying to spit on the woman walking next to her. prosecutors aren't buying that excuse. they say he killed his daughter because he believed she was too westernized and disgrace to the family. near los angeles, a high speed chase ends in a violent crash with an innocent driver caught in between. >> oh! oh, he just tced. >> police chased the suspected drunk driver for nearly three hours through half a dozen towns before he crashed. the driver of the car in critical condition. after the crash, he fought with police before he was taken into custody. >> that's awful! >> those are your headlines. >> give me 10 minutes, i'll give you a happy life. >> really? >> i'll give you a happy marriage. that's all you need. 10 minutes. >> you're not alone in that. there's a marriage expert, woman by the named of terry arbuck. she said set aside 10 minutes for a happy and productive 10 minutes of conversation with your spouse. we've all seen a husband and wife sitting in a restaurant, they never talk at all during the course of a meal. this particular person says that it is not unusual for people who have been married for a very long time to maybe only chat three minutes during the course of an hour face to face. she says fix it. >> her nickname for you is spouse. that usually shows a bit of a wall between you. >> i'm sure we all lead busy lives as so many of our viewers do and i can really -- i can say that this -- i believe in this study because, you know, with the busy life and kids at home and both of you working, and you get home, well, here's one of the recommendations. meet alone, the kids will be fine, put them somewhere for 10 minutes, get a glass of wine, get a beer, maybe some snacks and don't -- here's a really great piece of advice. avoid the old competition couples play about who had the worst day. instead, talk positively with each other. i have to say that i -- i do that one. so sorry, honey. i do that one. >> because you always say you had the worst day? >> that's a natural habit for a lot of people. but i'm being honest. >> so now i'm going to take this little piece of paper home. and i'm going to live by it. >> right. that's good. >> i'm going to take a review for the state of the union home. we all have different -- >> i'm sure dawn will love that. how romantic. >> five steps to take your marriage from good to great. it doesn't count if you talk about your kids. if you're together and you're going yeah, by the way, i left one kid at home, which one was it? that doesn't count. >> sure. do you think this is a good idea? do you have another way to keep the romance alive? e-mail us right now, friends at foxnews.com. real smart friend of mine said the secret to a happy marriage, separate bathrooms. >> bathrooms. >> separate bathrooms. >> really? sounds like a plumber. >> all right. >> you could have used them yesterday. >> on that note, let's talk about bankruptcy. should bankrupt states get a bailout from the feds? the man who helped the government steer gm and chrysler out of bankruptcy is here next. and what he says might surprise you. >> and distracted while walking? certain states teaming up to make this illegal. is government regulation really the solution? we're going to report and you will decide. >> a chicago court just ruled a couple of hours ago that former white house chief of staff rahm emanuel cannot run for mayor of chicago. yeah. however, according to chicago law, emanuel is still perfectly free to purchase the position. ♪ ♪ work, work all week long ♪ punching that clock from dusk till dawn ♪ ♪ countin' the days till friday night ♪ ♪ that's when all the conditions are right for a good time ♪ [ male announcer ] advanced technology thatel provide cleaner air, cleer water, and helps make all of us more energy efficient is something the whole world can get in step with. [ static ] ♪ i need a good time [ male announcer ] ecomagination from ge. it's technology that makes the world work. >> states are drowning in debt. and now some policymakers are working behind the scenes frantically to try to find a way that would allow states to escape crushing financial burdens such as big public pensions promised to retired workers. well, one option being considered is restructuring bankruptcy just like the kind used to save american automakers but is that a good idea for the states? joining us right now is gary wilson, former senior advisor to president obama on his auto task force. good morning to you, harry. >> good morning. >> so we read at the end of last week, in "the new york times," this great big story about how number of states are considering something that would be akin to chapter 9. it would allow states to declare some form of bankruptcy, have some sort of a judge figure out, ok, we're going to let you get out from underneath all of these great, big pension burdens. is that a good idea? >> well, there's no doubt we have massive financial problems at the state level, new york included. but the -- the real question is how do you best deal with it. i don't think the bankruptcy is a panacea that the states are looking for. it doesn't make sense. we need political statehouses to make the tough decisions. >> that's the key right there. there are certain states in this union like virginia, they've actually got a surplus. >> that's right. >> you have states like illinois and they are drowning in a sea of red ink. >> right. and i think the real problem for us as american taxpayers is this. you're going to have a host of states. california, illinois, that don't have responsible governors and legislators and aren't going to deal with their problems and come to washington and congress said the right thing about ruling out bailouts. how do we deal with it? there will be a huge fallout in the municipal bond market that can threaten our economy. and i think the real question for congress is laying the groundwork now, one forcing disclosure and transparency around state financial issues and two, creating a mechanism to deal with states that doesn't include a bailout that forces them to make tough decisions. >> speaking of the tough decisions, don't look to congress for help because eric can'tor yesterday had a statement about state bailouts and we can put it up on the screen. i'm going to tell you essentially what it says is no bailout from the feds. >> right, i think that's a great message to send. people need to understand that so they start forcing the decision at the state level without looking for money from washington. >> what should washington do? nothing or let them worry about it at the state level? >> i think it's two important things. one is they force disclosure. a lot of things are hidden by government counting standards that people aren't aware of. if the federal government forced greater disclosure and transparency, the markets will become aware and they'll become self-correcting. you can create the beginnings of a resolution authority that would basically weigh in on states that come in. not provide capital but force the positions. >> so now, you're saying, no bailout for states. however, with the car companies, they got a bailout and you were on the auto task force. >> that's right and the reason i joined is i felt it was clear both the bush administration and obama administration was going to provide capital to the companies and i wanted to see it be done right. i led the general motors turn around, as well as the chrysler deal. that's the reason i felt comfortable with that. one, it was a once in a 75 year situation. >> yeah, but we're not going to get all the money back from gm, it doesn't sound like. >> if we had waited to stop, we would have. >> they jumped the gun. >> right. the reason they did that, they wanted to get out as fast as possible which is a good goal but the reality is had they waited, they would have been able to get back all their money. >> no kidding. all right, harry wilson, real pleasure. thank you very much. >> thank you. >> we'll be talking shortly about the president's plan for the economy and the state of the union address this morning 7:40 eastern time with that woman, special advisor to the president, valerie jarrett. stay tuned for that. meanwhile, guess what's backing up traffic in missouri. dozens of hogs make a break for it during the rush hour. they've gone hog wild. then how the tea party is taking its latest fight to teasing. >> we can't afford people like jeffrey immelt running ge. >> could a corporate bigwig be doubling as an advisor to the president? one woman behind those ads is here next to state her case. ♪ it's a new day i'm loving weight watchers new pointsplus program and the edge it's giving me. ♪ and i'm feeling good go on, join for free. weight watchers new pointsplus. because it works. 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. ♪ ♪ spread a little something to remember ♪ ♪ spread a little joy and see ♪ need a little happiness to be ♪ ♪ living the life with me >> general electric ceo jeffrey immelt is heading president obama's council on jobs and competitiveness. >> but two conservative groups say immelt's appointment is a bow down to big business and signals a questionable partnership, freedom works and the free enterprise project teamed up to launch this ad. >> so why is the best of who we are being led the way it is by ge ceo jeffrey immelt. under immelt's leadership, ge settled twice and he passed the plan that fw e benefited and had ge borrow $16 billion from the federal reserve. he's championed president obama's cap and trade energy policy that would cause energy costs to skyrocket. he sold ge technology to some of our worst enemies and allowed verbal attacks on patriotic americans. american innovation doesn't need a handout and in a world of too big to fail, we the people can't afford jeffrey immelt running ge. >> senior fellow and fox news contributor is a member of both groups. behind the ad and she's here to explain why immelt is a bad choice. >> you pretty much said it in that 30 second spot. are you surprised that there hasn't been more blowback because of his appointment? >> there's more blowback to come i'm sure. the reason why the national center of public policy research and freedom works put this commercial together, to educate the american public to say that jeffrey immelt is for big business and big government. this is the worst choice that president obama could have made for his council. this is wrong on so many levels. financially, morally and ethically. not too long ago, ge was selling infrastructure equipment to iran. lot of people don't realize that. they also sought a bailout because they were able to get billions of dollars from the federal reserve for a loan to prop up their company. it's a horrible choice. >> and it's so funny, danine, when this choice happened at the end of last week, many people in the business community said this is a wonderful choice because it makes it look as if the president is reaching out to big business again and maybe even the chamber of commerce, you know, been saying this is a good choice. >> this is all triangulation. we have to keep in mind that the chamber of commerce, they get a lot of money from ge and so they're not going to be so headstrong on going against this pick and the other thing to keep in mind is ge, they're on the green bandwagon. obama is pushing for, you know, energy regulation and for cap and trade, for example. so ge sells windmills. they sell solar panels. >> solar panels. >> so this is, you know, what they're polluting. >> yeah. >> also, i think it's important to point out as charles gasparino today and just jarred my memory, do you remember when evidently jeffrey immelt met with cnbc talent and producers and said maybe we're being too critical with the president of the united states after he got the bailout for his financial service arm. >> i questioned him to that very point during one of the shareholder meetings last year and i asked him, are you, you know, squeezing your talent paraphrasing to not come out so hard against president obama? no, not at all. i don't tell them what to do. >> ge used to own nbc and now comcast does. one quick follow or to end it, you would want who in that position? >> i could see john huntsman sr. in that position. he is someone who has built his chemical company up from the ground and is the multibillion dollar company and one thing i want to mention is for viewers to look at the ads, sign the petition urging jeff immelt to resign at bigbusinesswatch.org. we'll take these names to the next shareholder meeting urging him to resign. if he doesn't, we'll go to the board members next. >> very interesting, deneen, thank you. >> thanks. straight ahead, the president adopting some republican ideas for tonight's state of the union address. for more, here's steve doocy. >> yes, brian, the president adopting some republican ideas for tonight's state of the union address. is he making an honest attempt to move to the middle or is he trying to get re-elected? we're going to ask senior advisor to the president, valerie jarrett. she joins us in 10 minutes. plus, remember the distracted walker who fell into the fountain? 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now you get a cleanser with scope freshness. ♪ new fixodent plus scope ingredients. ♪ cleans...kills germs that cause denture odors... and provides your dentures with the freshness of scope. ♪ new fixodent cleanser plus scope ingredients. the world's fastest production sedan, you consider everything. like, at 190 miles p hour... even a simple raindrop becomes a powerful fce. the cadillac cts-v. every detail built for speed and performance, right down to the windshield wipers. we don't just make luxury cars, we make cadillacs. ♪ >> president obama will give his state of the union speech tomorrow night. he'll talk about creating jobs through five pillars, innovation, education, infrastructure, deficit reduction and reforming government. as opposed to his last five-step plan, bailout, bailout, bailout, bailout, bailout. >> maybe it will be called something different, though, tonight. so beware. you're not going to probably hear the word bailout but you might hear a different term. >> investment? >> spending. >> maybe. >> meanwhile, headlines means headlines. new video out of mexico where a group of gunmen opened fire during a packed soccer match. it happened in juarez, the country's most violent border town. seven people killed including one of the soccer players who could be seen lying face down on the field. the massacre came on the same day that secretary of state hillary clinton visited mexico and praised the country's government for battling drug-related violence. >> all right, extreme cold weather has claimed the life of a 14-year-old boy in alaska. he apparently froze to death while walking home from a friend's house in the village in southwestern -- southwestern alaska. it was reportedly 50 degrees below zero with winds blowing over 70 miles per hour. >> the man accused of trying to blow up a plane with explosives hidden in his underwear gets his chance to speak up in court today. umar farouk abdulmutallab has been ordered to show up at a pretrial conference in detroit. so far, he plans on defending himself. but his court-appointed attorney will be on standby. a federal judge is expected to set a trial date at today's hearing. a nigerian national accused of trying to blow up that flight from amsterdam to detroit on christmas day 2009 using explosives hidden in his underwear. >> abortion opponents in new jersey have a rising -- rising star on their side. he is governor chris christie who broke his silence on social issues and emphatically told the crowd that he is pro life. >> i will continue to stand with you and be strong but most importantly, stand with each and every one of those precious human lives. >> christie who says he changed his views after hearing the heartbeat of his unborn daughter is the state's first pro life governor in decades and has come under fire from state democrats. rallies were held in trenton and around the nation on the 30th anniversary of the roe vs. wade decision. >> talk about road hogs. crews shutting down this missouri highway after a truck full of pigs flipped over. about 40 pigs going hog wild all over the road until crews came in to corral them. all the little piggies were eventually caught. the driver of the tractor-trailer was not hurt. >> good thing for that. let's talk about the bears' aftermath in that football game. >> everybody is talking about the quarterback that didn't finish the game. how hurt was bears quarterback jay cutler. he's the talk of the nfl at this hour after cutler left the nfc championship game in the third quarter with a knee injury. didn't have crutches. didn't have an ice pack. people thought, can he play? cutler proceeded to get bashed by players on twitter about his toughness and commitment. now, we're learning that cutler sprained his mcl in his knees and bears teammates and coaches have defended him ordering the medical staff to be pulled. some of them burned cutler's jerseys in anger. while the cutler defense played excellent in game, limiting the packers to 14 offensive points but the offense sputtered and lost. they lost 21-14. had to use their third string quarterback. meanwhile, quarterfinals of the australian open played far away from here. into our newsroom, this is third seeded player from serbia. that sets up a huge semifinal clash between he and roger fedderer in the semifinals. he beat fedderer in the semis of last year's open. rafael nadal plays the quarterfinal match, that will be tomorrow. everyone wants to see fedderer play nidal. coming up on our show, kevin williamson joins us, jennifer griffin and former senator george allen wants to be the next senator from virginia and gretchen will be joining us. where are you now? >> i'm not on the radio. i'm actually outside on the plaza taking a look at the weather where currently it is extraordinarily 20 degrees warmer today than yesterday. meanwhile, let's take a look at the satellite and radar, we've slapped them together. look at that big storm. we got a big storm moving through dixieland at this hour. it is going to produce a big snow event for the most part. big storm tomorrow but right now, it's all rain. right now, we do have some flurry activity here in new york city and new england as well. current temperatures, 28 in new york city. but look at caribou, maine, they didn't get the memo that it was supposed to be a lot warmer today. it's still 11 degrees below zero, though. 15 above zero in minneapolis. 39 currently in dallas. about the same for atlanta and 65 in tampa. next map shows you the current readings coast to coast and as you can see, right now, it looks like the daytime high will be 39. cleveland and the ohio valley going for a high around freezing as well. out in texas, probably 52 the daytime high in dallas/fort worth and that's a quick look at the fox travelcast, gretch and brian. >> all right. let's talk about this. you know when people walk around with headphones on and they've got their ipod and they're running or they're walking and they're listening to the music, can you believe -- >> arrest them! >> in two states, it might become illegal to do that. new york and arkansas because they say the distraction is dangerous! >> come on! >> and remember, hey, remember that video we showed last week where the person was walking through the mall and they seemed to be distracted and they kerplunk right into that fountain. there she is right there. now she's talking about suing. auto athere's some people outside our world headquarters right now. good morning. >> good morning. >> what's your name? >> ashley and -- >> jan. >> i saw you on your cell phone. >> i'm texting my dad. >> really? >> do you do a lot of texting? >> all the time! >> you might be breaking the law in new york city. >> i'm breaking the law in michigan. >> how? >> because you're not supposed to text when you're doing anything else. >> wow, there's a law in michigan already. >> i could injure you you, right? >> that's exactly right. >> exactly! >> well, don't then. >> i won't! >> all right. you think that -- ok, there's aa law on the books in michigan. do you think it's a good idea? >> yes, i do. >> why did you just do? >> because i wasn't moving. >> so if you're standing still -- >> you can do it. >> but if you are walking like towards broadway and texting, that would be trouble. >> yes. >> you could get hurt. >> that's already on the books in michigan? >> that's what she says. >> come on, that would be so arbitrary. so if you were like half way through a stride, it's illegal but if you're standing still, it's not? >> how about this, tell the truth, gretchen, they say you could have one earphone in and the other one out. >> please. how are they going to police that? >> right. do you ever -- do you have an ipod? >> no, i don't. just text. >> just text. or you listen to the radio or your wife? >> yeah. >> all right. good. >> i wonder if anybody -- let me ask this guy right here, he doesn't look like an ipod guy. hi, excuse me. can i ask you a question? >> sure. >> do you have an ipod? >> i do. i recommend it for patients. i deal with visually impaired patients and because you can enlarge things and it has a higher contrast, it's much better than the kindle was, let's say. >> very good. we were talking about this new thing where in new york they may come up with a law and arkansas as well where if you're distracted by texting on a cell phone or something like that or with the ipod, you might be cited. >> well, i have to -- i have to agree with that. >> all right. >> even though it does have many good things, not that. >> take care. >> thank you very much. >> steve -- >> i'm thinking he's a doctor. >> from now on, we have to do a preinterview, i think. >> we came up with -- with two two guests, we came up with interesting things. one, the ipod has therapeutic uses and number two, the girl in the cute pink hat says it's already against the law in michigan to do that. >> along with the optional chin strap. >> absolutely. very thorough. >> good job. >> what are they doing with cars now? you know that most states, i think, it's illegal or many to talk on your cell phone or text while you're driving. so now there could be a new cell phone feature that actually stops phones from working while you are driving. so is that a good idea? listen to this. >> depends on the cost, yeah, i would say it's worth it. >> i've done it that way. i don't know if you'd really need it. i would expect if he takes the responsibility of a cell phone to be an adult about it and to care about others on the road. >> good question. question of the times. i feel like you're a street reporter out breaking the story. let me ask this guy. somebody waiting for a car. hi. morning. hey, do you think it's a good idea because a lot of people text and it's dangerous while they're driving that if you had this device, it would -- your car would disable the phone so you couldn't -- it automatically goes to voice mail and stuff like that? >> absolutely. >> you do? >> absolutely. absolutely. >> he said absolutely, steve. >> these people texting are like when they go on the -- in the car. >> yeah. >> it's very dangerous. >> that's right. >> rather than texting and driving, they need a driver like you to take them places. >> right. >> steve, don't harass deneen's read home. >> if somebody is looking for the car 561 from first corporate sedan, he's standing by. what's your name? >> my name is doug. >> nice to meet you, sir. >> ok, good enough. >> i think it was don. >> hope he doesn't get -- >> come back in before you alienate all of our viewers. >> all right. >> we got to go. here's what's coming up on our show. is president obama making the move to the center or looking towards 2012? we'll ask senior advisor to the president, valerie jarrett. she's next. >> bret michaels not having a good time. he's in the hospital recovering from heart surgery. hon? um, almost ready. 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[ male announcer ] every day thousands of people are switching from tylenol advil. to len more and get youspecial offer, go to takeadvil.com. take action. take advil. >> couple of quick headlines for you now. rock store bret michaels in a phoenix hospital recovering from a special surgery to repair a hole in his heart. michaels was here on "fox & friends" a few weeks ago telling us doctors found the heart damage last year after he suffered that brain hemorrhage. also this, do you have trouble remembering things? well, take a nap, apparently. german researchers found the best way to remember a newly learned fact is to go to sleep. that's because the brain is at rest and is less likely to get distracted and lose the new memory. i guess that's why kids study well into the night and then sleep, right? >> i think so. all right. 15 minutes before the top of the hour. tonight, president obama will give his much anticipated state of the union address with indicators that the president will propose measures to reduce the surging deficit while calling for more investments into the economy. that's the preview. >> uh-huh. for more on the preview, joining us right now from the white house, we've got special advisor to the president, senior advisor valerie jarrett. good morning to you. >> good morning to you all. how are you guys doing? >> we're doing great. >> good. >> so this particular study, did the president do a lot of the writing himself. >> yes, he did. he spent a great deal of time on it as he has on his previous state of the union. it's a once in a year opportunity for the president to speak directly to the american people about the future of our country and tonight is going to be all about winning the future so yes, he wanted to make sure that it really represented his best thinking of how the course that we chart ahead. >> miss jarrett, will there be any bold statements? because by all accounts, it's kind of -- sometimes these speeches can be and it's not just republican or democrat, sometimes they can be kind of boring. let's be honest. will there be -- >> i don't think this will be boring at all. i think it will be fascinating because it really lays forward and i think the american people are very curious. we've just been through a very, very difficult time and we're now beginning to see signs of real progress. and so the president will outline those five basic pillars that he will be embracing in order to move us forward so innovation, we are a country that's known for our inventions and our ability to be creative and entrepreneural spirit. he's going to talk about the importance of education so that when we are innovative and we create the new technologies for the future, our children are going to be equipped to compete in a global marketplace. we know we're no longer competing just with people within our own neighborhood, we're competing with people around the world for good jobs here in america. he's going to focus on the importance of infrastructure. companies when they're making decisions about where to look, they're going to look at the infrastructure and whether or not it's conducive to investment and growth. he's going to speak very clearly about what we need to do to streamline the federal budget. everyone around the country is having to tighten their belts and we need to look at our programs in a very hard and disciplined way. get rid of programs that do not work but yet, strategically invest in ways it's going to stimulate growth and jobs and then finally, and very importantly, he's going to speak about the importance of bringing down our federal deficit, behaving responsibly and getting it under control. >> that's interesting. and i also understand he's going to bring up the military, salute the families and talk about their needs but valerie, i've had a chance to read two lengthy articles about the first two years in the president's administration. one in "the new york times" magazine and one i think it was in "the new yorker" and they talk about the president being isolated and bringing in specialists like david gergen and dow to give them input and there were a half dozen cabinet members who claim the president never even spoke to him for over a year and a half. did you feel personally responsible that the president was that isolate thed for the f two years? >> i think part of the challenges that he faced when he came in banks in a free fall, people losing their savings overnight, he had to really focus with his economic team on getting our recovery under way. and he has often said the white house is a bubble. and it was hard for him to break out because of the magnitude of the challenges that he faced. and he missed being able to talk to a wide range of people. he missed being able to travel around our country and sitting in a diner and talking to people and hearing about the challenges and so yeah -- yes -- >> i'm talking about his own people. >> he's certainly had numerous cabinet meetings but the focus was on the economy. and so the focus in the cabinet that he met with every day, for example, tim geitner and larry summers, were in every single day because of the magnitude of the challenges. we're now in a different position. we're now looking towards the future. we've had 12 months of private sector job growth. >> right. >> he has -- >> valerie, you are in a different position because now from the left, from the political left, the president is moving to the center. >> the president isn't moving left, right or center. >> he's moving to the center. >> every day since the president has been in office -- well, i'm telling you -- i'm telling you what i think. that every day since he's been in office, he has focused on what the challenges at hand were that face the american people. the challenges that we face in the first two years are different from the challenges ahead. so, for example, we know that the long term sustainable growth of our economy rests with the private sector. that's why he appointed jeff immelt to chair his new council on jobs and competitiveness. who better than jeff -- an icon to help advise the president on what we need to do to grow our economy and create jobs? >> sure. >> great that he's going to be more pro business because the first two years, not so much. we're out of time right now. valerie jarrett, thank you very much. we'll be watching the president tonight live on fox. >> i hope everyone tunes in. it will be a great speech. >> all right. thank you. >> 9:00 eastern. >> right. >> and bret baier will have the wrapup, too, followed by greta and sean. it's the american dream come true for one man but now the government is swooping in to take it away. wait until you hear the reason why. >> number one song in america in 1989, phil collins. ever wish vegetables didn't taste so vegetably? well, v8 v-fusion juice gives you a full serving of vegetables, plus a full serving of fruit. but it just tastes like fruit. v8. what's your number? but my doctor told me that most calcium supplements... aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. citracal. nah. we have something else. but if you're hurt and miss work does it pay cash like aflac does? 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[ male announcer ] there's aflac and there's everything else. visit aflac.com for an agent or quote. aflac! >> it sounds like another government attack on small business owners. new york city is classifying buildings as a blight on the community in order to seize them through eminent domain. even though a judge recently attacked the city's move, the courts say it's all legal. something our next guest has learned the hard way multiple times. we're joined now by evan who operates a small business. and we reached out to the new york appellate court state division and they refused to comment on this case. good morning to you. >> you own this business and built it from the ground up the last 38 years. then what happens? >> just another government suppression that we're experiencing. it's a very unfair and unfortunate thing to have to live with. >> so the government came to you and said because of blight, because we don't like the way in which your neighborhood looks which we're seeing right now, your neighborhood, we're going to take your business away because we want to build a $700 million project there. >> that's one of the flimsy excuses they used. they have others. they don't have very good legs to stand on. unfortunately, they have the government muscle behind them. which we have no power to compete against. you got the courts which are unreliable at best as we can see. there's no integrity there. and there's no one to turn to. what could you do? you're basically stuck. they could have built this across the street. they built a whole one square block with pathmark there. they could have built the same thing there. >> uh-huh. you are not the only business in this situation. you say that the whole strip of businesses on your street facing the same dilemma. >> yes, there's a dry cleaning wholesale operation there. there's a carpet store. beauty parlor, major car repair. and the gas station. the city just put it in a hummer dealership, now they're going to take the gas station away. where are you going to feed these monsters? >> where do you stand now? what recourse do you have? >> move to another planet. >> which is not an option. so what you're saying is that you grow up in this country thinking you can believe in the courts to help you and in your case, you're just a small business owner who has nowhere to turn. >> right. it's basically a farce. because the courts are obviously manipulated by bigger interests. and you have absolutely no control as a small business. >> well, continued success in your fight against this. evan blum, thanks for sharing your story. >> have you heard about this? kids snorting bath salts to get some sort of high? we'll talk to a father who lost his son to this disturbing new trend and insurance companies are signing on to your facebook page to find ways to cut their coverage. stay tuned for that. 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( announcer ) don't take boniva if you have problems with your esophagus, low blood calcium, severe kidney disease, or can't sit or stand for at least one hour. follow dosing instructions carefully. stop taking boniva and tell your doctor if you have difficult or painful swallowing, chest pain or severe or continuing heartburn, as these may be signs of serious upper digestive problems. if jaw problems or severe bone, joint, and/or muscle pain develop, tell your doctor. ask your doctor if boniva can help you stop losing and start reversing. and join the myboniva program. join today and get a free month of boniva at myboniva.com, or call 1-877-287-9140. >> gretchen: good morning, hope you're having great tuesday. it's january 25. i'm gretchen carlson. all signs point to president obama gearing up for a second term, but what happened to this spot? >> i would rather be a really good one-term president than a immediate ochre two term president. >> gretchen: will the american people buy what he sells in tonight's state of the union address? we'll debate it for you. >> steve: major changes also underway hyped the scenes as another member of the president's staff prepares to call it quits. will advisors mean a new agenda? >> brian: have you said this, quote, honey, i froze the car? now the driver trying to find out what's left under the ice. we'll show you how and check out his back window. "fox & friends" starts right now. >> steve: hail to the chief. welcome aboard. just 13 hours from right now, the president of the united states will go to the well of the house for the state of the union. i bet he starts by saying the state of the union is good. >> brian: better. maybe better. of all the speeches they give, do you think you get nervous for something like this? >> gretchen: probably. always good have to have a little adrenaline mix. >> brian: he can't even say those are my friends and those are my enemies. >> gretchen: a fox news alert. new surveillance video from the moment bombs exploded one of moscow's airports. it killed 35 people. 110 other people were hurt. there are reports now that it was two homicide bomber, a woman and a man. the blasts ripped through the arrival section of the airport. moments before the explosion, the man was heard screaming apparently, i'll kill you all. right now suspicion being thrown on chechen separatists who waged a campaign of terror against russia, including twin homicide bombings on the moscow subway last year. he worked for the u.s. military, then he sold our secrets to china. now a judge sentenced the former engineer for the b 2 stealth bomb tore 32 years behind bars. prosecutors wanted him to get a life sentence after helping china design a cruise missile that makes chinese rockets invisible to american radar. prosecutors say he pocketed $110,000 in the betrayal of u.s. loyalty. this afternoon, the accused underwear bomber will be in court where he's set to speak up. umar farouk abdulmutallab, who plans on defending himself, has a pretrial conference in detroit. he's been ordered to show up and speak for himself if he chooses not to use his stand by attorney. the judge may set a trial date. he is accused of trying to blow up the amsterdam to detroit flight on christmas day back in 2009 using explosives hidden in his underwear. a high-speed chase ends in a violent crash with an innocent driver caught in between. >> oh! he tced. >> gretchen: police in california chased the suspected drunk driver for nearly three hours through more than half a dozen towns before that crash ultimately happened. the driver of the other car now in critical condition. after the crash, he fought with police, the suspect did, not the driver of the other car. before being cuffed. we heard brian say this a few minutes ago, how many times have you said this? honey, i froze the car. a manhattan man now trying to explain to his wife just how that happened. >> there is about a foot of ice in and around the front tire, front right and back tire. my car was an ice cube. >> gretchen: what's he doing to get out of that mess? using a blow torch, hammer, a chisel. the car froze over after a nearby water line burst, then other cars drove through the puddle, splashing water on it. he saw it after watching the new york jets lose on sunday night. those are your headlines. >> brian: frozen out of the super bowl. >> steve: i have the same problem with my garbage cans. right underneath the gutter, that much ice to open the lid. i can't. >> gretchen: you have to be iron man to do that. >> brian: have peter move home to help you. >> steve: i'm burying it in the backyard. >> brian: a lot of buds about the best list for the survey the union. kelly wright there. he would be part of it if he was on the list. he has all the details about who will be there. he's live at the white house right on the outside. hey, kelly. >> good morning to you. unlike that frozen car we just saw, it will be a hot and heavy list attending the state of the union address, including members of the medical team from those tucson shootings. they will be joining the first lady, seated next to her, as well as dr. joe biden, who is the wife of the vice president, will be daniel hernandez, reluctant hero who helped save the life of gabrielle giffords. he'll be joined by dr. peter rhee, among the doctors and the medical team who treated giffords and helped her recover from the gunshot wound to her head. intensive care nurse says she's honored to be among the president's special guests tonight. >> to have this gift extended to me, i am so gracious. i can't even explain how grateful i am. >> also joining the guest tonight, john and roxanne green, the parents of 11-year-old dallas, as well as the late christina taylor. the nine-year-old was killed during the tucson shootings. even at her young age, many knew that christina was beginning to make her plans to one day serve her country. president obama will also acknowledge guests from other walks of life tonight, particularly members from the business community. one question remains is how many of the supreme court justice also attend. we do not know if chief justice john roberts will attend or not. we do know that judge justice sam alito will not attend. he's in hawaii. justice salina will not attend. last year, the justices were offended by remarks that the president made, criticizing them for the decision they made for giving campaign spending or greater campaign spending to corporations and unions. should be a great night tonight watching the state of the union address. we'll all be there, as will you, brian. >> brian: yes, i'll thereby in my mind and in my living room watching on my flat screen. the most interesting thing, when everyone says state of the union, same old thing, i'm fascinated by the mixed audience. >> gretchen: you said one way to heat up the room is that you'll bring a copy of the speech home for your wife. >> brian: how is that going on the e-mail? >> gretchen: some psychologists are writing in saying it's amazing brian is still married. >> brian: they're writing in. >> steve: kelly highlighted some of the guests tonight up in the gallery. there is an interesting bit of state of the union trivia in the "washington post" today. they say that the nickname at the white house for the people who are the guests, not props, they call them skutniks. the reason they call them that, back in 1981, lenny is one of the brave people who dove into the potomac river to save people on board that airplane that crashed into the potomac. and shortly thereafter, president ronald reagan invited him to be his guest at the state of the union and that is why to this day they call the presidential guests skutnicks. >> brian: we also have on the list medal of honor winner. remember he was here? sergeant giunta. and also somebody else. sergeant mohavier. >> gretchen: so those are the special guests. what exactly will the president say? we spoke to one of his top advisors, valerie jarrett, and here was her response. >> i think part of the challenge that he faced when he came in was the economy and the free fall, the banks on the verge of collapse, with 401(k) evaporating, people losing their savings overnight. he had to really focus with his economic team on getting our recovery underway. he has often said the white house is a bubble and it was hard for him to break out because of the magnitude of the challenges he faced and he missed being able to talk to a wide range of people. he missed being able to travel around our country and sitting in a dining room talking to people and hearing about the challenges. >> brian: i'm talking about his own people. >> he certainly had numerous cabinet meetings and -- but the focus was on the economy and so the focus on the cabinet that he met with every day, for example, tim geithner and larry summers were in every single day because of the magnitude of the challenges. we're now in a different position. we're now looking towards the future. we've had 12 months of private sector job growth. >> brian: and my question was, did issue she personally responsible that the president was isolated from his own staff, this according to two articles, from two sympathetic writers. >> steve: what did larry summers say about six months ago? >> brian: larry summers evidently expressed, according to one report, expressed to a member of the business community, i'm so frustrated, i cannot get this administration to reach out to the business community and be more friendly. >> gretchen: he's not there anymore. let's talk about somebody else who is leaving the administration and that is the energy czar, carol browner. she, of course, was there to try and push through cap and trade. she was successful in the house, but the senate said no go on that. she was also front and center during the gulf oil spill. but now she is stepping down as well and you have to wonder if some of these other czar positions that people in those position, if they will also step down, especially those who tend to be a little bit more to the left than the new centrist attitude that president obama seems to have now. >> steve: well, unlike gibbs and axelrod, who are both leaving the white house, browner probably will not be replaced because her portfolio is getting the cap and trade passed. it was effective in the house, but not the senate. now with many more republicans in the house than in the senate, it's just not going to go anywhere. she was on our program talking about cap and trade and we asked her tough questions about whether or not she would threaten the bill. before you go, i know the bill is over 1,000 pages long. have you read it? >> i'm very familiar with this bill. >> steve: have you read it. >> we have been watching this program for a long time. >> steve: i'm sure you have an idea, but have you read it? >> i've read major portions of it. absolutely. >> steve: so the answer no, you haven't read it. but you read a big chunk of it? >> no, no. that's not fair. that's absolutely not fair. >> steve: i'm asking you if you read the 1,000 pages. >> i read vast portions of it. >> brian: it all comes down to who wrote it. that's a complete circle. >> steve: and who read it. >> brian: straight ahead, kids snorting bath salts to get high. the new warning from a father who lost his son doing just that. >> gretchen: pizza maker for president? before you poke fun, stay tuned. one of america's most successful businessmen herman cain, here next. [ male announcer ] take an italian masterpiece home. excuse me. buitoni? [ male announcer ] buitoni wild mushroom agnolotti. simple ingredients, artfully prepared. buitoni. create an italian masterpiece. in the refrigerated section. >> brian: white house press secretary robert gibbs making it clear, jobs and the economy will take center stage tonight at the president's state of the union address. >> i think you'll hear the president, as we've discussed, speak -- spend most of his time talking about the economy, talking about the challenges that we face, both in the short-term, in terms of doing whatever we can to help create jobs, and the mold yum and long-term, to continue working on the issues like competitiveness and innovation and insuring that in the medium and long-term, we get our fiscal house in order. >> brian: talk being government spending. will that create job as soon as joining me is the ceo and radio talk show host, outstanding businessman and possible presidential candidate, herman cain. welcome back. >> thanks, happy to be here. >> brian: first off, we hear these terms you and know them well as a businessman, investment, spending, as opposed to cuts. where do you stand? >> well, i think it's just smoke and mirror, brian. we've heard this rhetoric a year ago about jobs and the economy. they talk about competitiveness. the way to get this economy going and to stimulate jobs is to provide what i call direct stimulus. the president is probably going to make a great speech. 50% of the american people are going to swoon and be swept away. the other 50% of the people are going to be asking where is the beef? because he's been saying these same things for two years and yet we have not gotten great results. we continue to get great speeches, but the american people are saying, where are the results? and unfortunately, many of the proposals, many of the policies have simply not worked. and the american people have awakened to that. >> brian: some would say that by his shakeup of almost everybody in the staff, not named valerie jarrett. he's virtually herman cain and others are right. >> well, you know that bubble she talked about? >> brian: yep. >> that bubble is a result from a managial structure standpoint of three dozen czar, 15 cabinet heads, that structure, brian, is what put him in that bubble and wouldn't allow him to focus on is he working on the right problems. is he setting the right priorities for the nation and congress. did he surround himself with the right people and is he making the right progress. that's what leaders do. and unfortunately, it wasn't in last year's state of the union speech and unfortunately, i don't expect it to be in the state of the union speech tonight. >> brian: i want to bring up the other side and talk to you about your presidential run, which could be happening. what do you say to others who say the defense department brought us so much and nasa has brought us so much and they are government run. what's wrong with government? >> well, you have to separate out the defense department and our military because that's one of the best run functions of the government. they are doing it right. and i believe that we should continue to put a big priority there because the world is not safer. you get the impression from this administration that they want to continue to weaken our national security when we ought to be strengthening our national security because the world is not safer. now, when you get to all of the other functions and all of the other agencies, i believe that we need some serious, what i call horizontal cuts and deep cuts. we are not going to bring down the national debt swimming around the edges. we've got to identify whole programs. >> brian: you ran in 2004. now we have a straw poll coming out of new hampshire. you formed an exploratory committee to possibly run. mitt romney is on top, followed by others. do any of those names intimidate you not to run? >> absolutely not. you know, in football, you got to have a strong ground game. i think i have a better ground game today as a exploratory candidate than a lot of people realize. but no, that doesn't intimidate me because i think what the american people are going to see in me if i make the final decision to run, is a problem solver. not a politician. i happen to believe, brian, that the american people have an appetite for a proven problem solver running for president and not just another politician. >> brian: your resume speaks volumes. thanks so much. i look forward to getting your review of the president's speech tonight. see you soon. >> happy to be do. >> brian: gretch, tell me what's coming up. >> gretchen: all right. kids getting high from bath salts now? a father who lost his son to this disturbing trend has a message every parent needs to hear next. then your e-mails are pouring in about this story. states ready to make what this woman is doing against the law. we're talking about texting and walking and sometimes falling into pools. that's coming up. [ male announcer ] to the 5:00 a. scholar. 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. ♪ >> gretchen: a new lethal drug that's gaining popularity. it may be something you would never suspect. we're talking about bath salts being snorted now, smoked or injected by kids trying to get high. the salts sold legally can cause hallucination sos severe that the user can take his or her own life. that is what happened to 21-year-old dickey sanders. his father, dr. richard sanders, joins me now. good morning to you, doctor. and i'm so sorry for the loss of your son. >> good morning. >> gretchen: we're seeing a picture of him right here. >> good morning, gretchen. >> gretchen: i know this happened recently and parents have so many things to worry about in this day and age. you are a physician yourself. did you ever in your wildest dreams think your son would be snorting or taking bath salts? >> no, i didn't. what really concerned me was that once my son did this product, we became mostly a family and physician's family involved in the surveillance of this product and we just realized that there was a massive campaign to produce this product over the counter at convenience stores in the local covington area. >> gretchen: so all over the u.s., these bath salts are being sold legally with names like ivory wave, white lightning and hurricane charley. i just bring that to the attention so parents will know what these substances are. you say, and you're a physician, when kids take these, that they then go into some sort of hallucination. that's what happened to your son and then sometimes they commit suicide, which is what happened. >> that is correct. the compounds are organic chemicals that are manufactured overseas, which is thought to be india or china. organic compound is shipped to this country, then mixed with an inorganic salt here and manufactured and sold at convenience stores locally. the subject now banned. it was sold generally under the counter or had to be asked for and was labeled as a product that you had to be 18 years of age or older to even purchase and it had a salt packet at a local hamburger outlet. >> gretchen: so tell me what happened specifically with your son then when you knew he was abusing this drug. >> my son used this chemical for the first time in his life and called me soon thereafter, experiencing severe psychiatric manifestations of this chemical in that he developed an altered speech pattern, very disturbing, followed by episodes of psychosis with hallucinations and evidence of illusions with an acute psychosis with delirium and severe paranoia. this continued to the fourth day of use. when i stayed with him literally for the last 12 to 14 hours of his life, we want to sleep with him, holding him in bed and awoke the next morning, having been away for no more than a couple of hours, and found him dead on our floor, in our home. >> gretchen: he had taken his own life at that point? >> he had taken his own life at that point. >> gretchen: i know now, doctor, that you are speaking out because you want to help other parents and you're also speaking to the governor in your own state to try and get this substance to be banned. what kind of progress have you made? >> we have done extremely well. soon after my son's death, i spoke with two honorable judges in the state of louisiana who referred me to the district attorney of our parish, walter reed, who took the bull by the horns and brought this to the governor's attention in association with our physician surveillance through lsu toxicology and emergency room departments in our local area, we were able to document issues concerning the use of this product and along with a 57% poison control hot line phone call issues in the country where 57% of our state was receiving poison control calls on this drug, more so than any other area in the country, we were concerned and the governor was concerned enough to perform an executive order and had the substance banned and classified as a schedule 1 narcotic and that there would never be any medicinal use of this product ever in the state of louisiana. >> gretchen: i know you've been successful in louisiana. now mississippi this week looking to ban it, as well as the state of kentucky. dr. sanders, so sorry for the loss of your son and i certainly hope you can help other parents who may know nothing about this at all. thank you so much. >> we'll continue the campaign. thank you. >> gretchen: let's go out to steve. >> steve: thank you very much. police now certain they have another craigslist serial killer on their hands. the chilling reason why coming up next. last week, supreme court justice elena kagan had to report for jury duty. but an even bigger politician found himself next in line. then your e-mails are pouring in about this story, states ready to make this -- what this woman is doing illegal. we're talking about walking and texting. does the government really need to hold our hand on this? 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[ female announcer ] join for free today. weight watchers online. finally, losing weight clicks. >> steve: we wonder if it's ever going to stop snowing. live from the streets of the avenue of the americas at 33 minutes after the top of the hour, it is snowing in the heart of midtown manhattan. meanwhile, let's jump all the way across to the other side of the country, that is the stage inside the kodak theater in los angeles where in the next ten minutes, they're about to announce the 2011 oscar nominees. >> gretchen: i love this time of year because usually i haven't seen hardly any of the movies, so then it breaks it down for me and tells me which ones i should go out and actually see. and the dresses. >> brian: one movie to see "the tourist." >> gretchen: actually, i unfortunately saw that one. sorry, angelina. >> brian: i was thinking "the fighter." >> steve: it's very good. the people in hollywood say it's between two big films. we'll find out. "the king's speech," which is very, very good and the my space movie called the "social network." >> gretchen: i saw that one. that was really good. "black swan," a little too much of a psychological thriller for me. >> brian: really? >> gretchen: i stopped going to horror films in my 20s because it was too painful to sit like this through the whole thing. that's i did in "black swan." >> brian: i'm anti-tutu. >> steve: meanwhile, about 25 minutes before the top of the hour. speaking of hollywood, michael jackson's doctor expected in an l.a. courtroom later today. conrad murray plans to plead not guilty to charges of involuntary manslaughter. his lawyers say he will not cop a plea in the death. he wants to go to trial, claiming jackson gave himself the deadly dose of the drug. >> gretchen: ghailani will be sentenced in a new york courtroom today. he's the former gitmo detainee who will face a life sentence. but his lawyers are asking the judge to go easy on him because ghailani claims he was tricked into killing 224 people by blowing up the u.s. embassies in africa. >> brian: he was exonerated on 224 charges. police on long island thin they have a craigslist serial killer because they've identified the female bodies that were dumped on a beach right there last month. they found at least three of the four women used craigslist to advertise for sexual services and it appears the suspect may also be hunting a certain type of escort. the victims were all petite, under 5' tall. >> steve: women may have another reason to quit smoking. we already know it causes lung cancer, heart attacks and can cause strokes as well. now a new study by the world health organization claims smoking may also increase a woman's risk for breast cancer. women with a history of smoking were 6% more likely to develop breast cancer. >> gretchen: a woman jumped from the 23rd floor of a hotel and she survived. check out this picture. it happened in argentina. she fell 330 feet before landing on top of a taxi, which broke her fall and ultimately saved her life. get this, the cab driver had just gotten out of the car or he would have been crushed, too, if he hadn't stepped away. that woman now in the hospital with broken hips and ribs and i'm assuming she intended to jump or was this an accident? we don't know. >> steve: i don't know if we know. >> gretchen: she's a lucky woman, she gets a second chance if she was intending that. >> steve: the states of new york and also arkansas are talking about perhaps ticketing walkers. we're not talking about texting drivers. we're talking about walkers who are texting. we showed you that video last week of the woman at the mall. she was texting, apparently somebody at her church, and was not paying attention where she went and fell in the fountain. now she may sue. now it looks as if you could get a ticket if you're walking while distracted. >> brian: here is the thing, they say 12% of the nation's fatalities are from pedestrians and feel as though pedestrians who are distracted get killed, so they want to stop you from living your life. so now we understand you can't text and drive. makes total sense. talking on the phone and drive, i can understand you get distracted. maybe we're not allowed to talk to our passengers, that's something else. but how about this? how you can't walk even on the walk? >> steve: or have an ipod in. >> brian: i run with said sets on. am i going to get a ticket? >> gretchen: let's be honest. i'm not in agreement with the law. but let's be honest. if you're driving and on a narrow road and somebody is running, you really sometimes don't like that. right? i don't, when i'm driving, i'm like, oh, i hope i can get around this corner. if they have the head phones in, then they can't hear you. so i understand the danger of it, but to take away the right -- how would you ever police this because one of the laws says you could have one bud in your ear and the other one not in your ear. so the police officer will have to be looking to see? it's funny. >> brian: i got a 25-dollar ticket for day dreaming. >> steve: one of the problems in new york city is when you're driving through these streets, oftentimes you'll be driving, you have the green light, you're driving, driving, somebody just walks in front of you. they're either texting or on the phone or got the ipod. so i can completely understand. >> brian: don't we have a steering wheel to avoid those people who are distracted? we can't focus on walking. we got to be able -- >> steve: the person who is walking needs to be responsible. also it sounds as if there is this new cell phone feature where if you are -- it can tell whether or not your driving a car. and if you are driving, it automatically sends incoming calls into your in box. >> brian: it's the same thing you have in cars, if you have a movie, once the car goes into drive, it disappears. >> gretchen: how does that know whether or not you have in the head set, which is legal? i got you. >> brian: you mean the blue tooth? >> exactly. how does the a p, p know that? we don't know. here are different points on the idea. >> depends on the cost, yeah. >> i don't know if he would need it. i would expect him if he takes the responsibility of a cell phone to be an adult about it and care about others on the road. >> steve: there you go. what did you think? laurie in ohio e-mailed us this, if you ban or make any gadget inoperable in a car, why stop with cell phones? take out the car radio, the cd player, gps units and tvs for your kids. you just can't start. >> brian: or take out the kids. >> steve: we can't stop with one gadget. >> gretchen: candy says this, what's next? the government will continue to protect ourselves from ourselves? who protects us from them? that's pretty deep for this early in the morning, but i get your point. >> brian: pete in ohio, can someone sponsor legislation to prevent my wife from telling me how to drive? that's great. >> steve: she's helping you out for your own good. we mentioned a moment ago the facebook movie, "social network" could win oscar nods later this morning out in hollywood. now it turns out sounds like insurance companies are going to your facebook site and looking at your pictures. for instance, if you are on disability and you got a bad back problem, and there you are hoisting a keg of beer to last weekend's party, don't be surprised if somebody from the insurance company comes and says, you're not disabled. what are you doing? >> gretchen: that's exactly what happened to one woman and now she's suing because she was off disability for depression and had pictures smiling. just smiling on her facebook page and the insurance company stopped paying the disability. >> brian: like 15% of the all the insurance claims are fraud, so people are getting desperate. sometimes you send private detectives to tape. why not follow on facebook and you should be smarter than that. be honest. 19 minutes before the top of the hour. i can't wait to tell you what's coming up straight ahead. now nobody gets out of jury duty. first it was elena kagan. there is the shot of her. wait until you hear who got called this time. he's even higher up on the political food chain. >> steve: that's right. then live to los angeles, the oscar nods are underway. we've got all the details in moments. well-being. we're all striving for it. purina cat chow helps you nurture it in your cat with a full family of excellent nutrition and helpful resources. purina cat chow. share a better life. >> brian: glad you're still up. eighof the largest airlines in the u.s. are set to earn a record $5 billion by the end of 2011. how did they do it? by grounding plane, eliminating flights, jacking up fares and nickel and typing you. you know the answer to that. then first supreme court justice elena kagan had to show up for jury duty. remember? now it's joe biden's turn. he showed up at a delaware courthouse. he was dismissed around lunchtime. steve? >> steve: thank you very much, brian. jack lalane was a fitness guru and nutritional expert and entrepreneur and american icon. and so much more. peter johnson, jr. is here to share his message on why jack lalane really mattered. peter? >> he does. when i heard he passed away, i started watching his old exercise shows. it was hard to stop watching. it became obvious if i followed his advice, i could be stronger and live longer. anything in life is possible if you make it happen, he said. and he proved it for 96 years with a collective pat on our american backs. his simple message that if god didn't make it, man shouldn't eat it, helped make him an american legend. he warned us that we were killing ourselves with a knife in the fork with sugar and pesticides long before the fashion. wearing a super hero jump suit with as little as a kitchen chair and elastic cord and his dog, he stretched and pumped his way into our american psyche and our hearts. we got to know the rare public man who lived what he preached, who was what he ate, and he amazed us when at age 70, he swam a mile wearing shackles and towing one row boat for every year of his life. we mirrored his moves in front of the tv and we were sustained by his uniquely optimistic american viewpoint. a message from a man as wide as he was tall, that pride, self discipline, and truth were the dna of human success. you see, he gave hope to the pooped out, as he called them. he said, when i get serious, i get very serious. pull your gut in and straight am up. whether do finger pushups or preaching juice for all, he used his unique physical strength not to boast, but to motivate, to promote self confidence and not shame. as a guest in our homes, jack la lane never expressed disappoint even at our inability to meet his standards. i met the great lalanne once and he said what he often said, i can't die. it would ruin my image. it turns out it was the only thing that jack lalanne was ever wrong about. >> so please, let's get back the way nature intended us, with a smile on our face and enjoy all the wonderful things we have in this great land of ours. let's appreciate it 24 hours a day. i'm going to help you help yourself. come on. >> jack lalanne. peter johnson, very nicely said. all right, next up, live to hollywood where the nominees of this year's academy awards. first, let's check in with mr. bill hemmer for a preview of what happens in 12 minute. >> jack lalanne always made people feel good, every time he talked and i know he was with us so many times. there are major developments in the war on terror. two accused suspects are in court today. details on both in a moment. some republicans say they can cut 2 1/2 trillion dollars starting today. oh, really? trillion. we'll talk to the man behind that plan and a stunning new survey that said the cost of heart disease is set to triple in america. that's enough to give you heart trouble to start with. we'll see you in ten minutes at the top of these me a sec. anotr person calling for her grandmother. she thinks it's her soup huh? hour. >> brian: just moments ago, the 2011 has cover nominations were announced. >> gretchen: we go live to dominic patton in los angeles. good morning to you, dominic. >> good morning, how are you. >> gretchen: we're doing fine. we want to get all the latest news. so let's talk about the best picture nomination. i understand you think it's a nail biter, between which two films? >> i mean, look, it looked up until recently, the "social network," it looked like they pretty much had a ronald reagan landslide. they swept the critics awards, golden globes and then the producers guild award happened this weekend and the king -- "the king's speech," that took the big prize. now we have a real race. >> steve: and also factoring in there the movie that brian loved "the fighter." >> that's a great film. you won't hear any argument from me. and in any other year, it would be a total tko. but against "the king's speech" and "social network," you have the best of what the academy and hollywood can offer, good main stream film, strong stories, and a real deference in generation and approach. the younger generation see the "social network" as a film of our time. the older generation see inspiration in "the king's speech" that transcends any time. >> brian: let's talk about the hosts. james franco, who will be nominated. so he's going to be host. it will be a little odd, isn't it? >> i think it's great. i think the academy is moving future forward here. it's extremely rare that you have a host as a nominee like you have with jimmy franco. but he can act anything and do anything. i i'd say being host is the only job that jimmy hasn't had this year and anne is true hollywood glamour. >> gretchen: he was in "127 hours" the real life story of the climber who cut his arm off. let's talk about the predictions that you got right. christian bale, i understand. >> well, christian bale is, to me, it's a no question. christian is going to take the best supporting actor when, just like his former "dark knight" co-star did a couple years ago. our awards call him a steve pawns. besides a couple ones he missed, we were surprised that the cohen brothers got direct director for "true grit,," he got a sweet prediction. it looks like an interesting race. this is the year where hollywood will show the rest of america the kind of good films that they can make, the strong films they can make and this interesting enough, these are popular films. not going to see a repeat of the "hurt locker" where very few people saw it. >> steve: you mentioned "true grit," they wound up with ten. "the king's speech" got a dozen. one movie that got snubbed is "inception." >> i wonder about this. christopher nolan, one of the great directors ever our time, it was surprising a couple years ago when a film as successful as "the dark knight" did not get a nomination or win. it tells you more about hollywood than they're overlooking these films. "inception" was a tremendous success and it was a film of really something of hollywood showing a different look at film making, a forward look, good stars, good story, and yet, christopher didn't get it. surprising. "inception" itself got a best picture nomination. but christopher nolan, that was a mistake on the academy's part. >> brian: tell me about supporting actress. >> well, i'm really surprised here, but i got to think it's going to go to amy adams for "the fighter." it might clean up in the supporting actor and actress mom knee category. amy was fantastic. absolute lie fantastic. so if she doesn't take that prize, i'm going to demand a recount. >> gretchen: any other big surprise as soon as. >> i mean, the thing i would say here that really to look forward to is look at what happens next. tonight is a state of the union and politics are in the air. but nobody plays sharp elbow politics as much as as they do in hollywood. the producer of "social network" and the producer of "the king's speech", they are locked in. we have the director's guild on friday and screen actors on sunday. it's about to become a tight race. >> steve: who will win the super bowl? >> none of my predictions are so perfect. i want to see how president obama gets through tonight. let's talk about one battle after another. super bowl, we'll all be watching. >> steve: dominic, thank you for joining us live. >> thank you, guys. >> gretchen: more "fox & friends" just two minutes away. everyone has someone to go heart healthy for. who's your someone? campbell's healthy request can help. low cholesterol, zero grams trans fat, and a healthy level of sodium. it's amazing what soup can do. because they have 20% more calcium per chew than viactiv or for the delicious flavors like chocolate truffle and vanilla creme? mmm. -mmm. -mmm. 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