october is breast cancer awareness month. keep that in mind. see you tomorrow, folks. jenna: hi everybody, thank you for joining us, i'm jenna hra*e. jon: i'm jon scott, we are here in the fox newsroom, "happening now", top box, breaking news, republicans just unveiling their plans for the nation, the details and democratic reaction, straight ahead. jenna: also the president just finishing up a speech to the united nations as protestors gear up for a major protest against iranian leader mahmoud ahmadinejad, ambassador john bolton joins us with his take. jon: in the bottom box, new details on that dramatic car chase that broke during "happening now" yesterday. a closer look at the suspects and the charges they now face. jen but we begin with president obama, speaking to the general assembly just moments ago, addressing the global economy, the threat of terror, and prospects for

peace in the middle east, saying that america seeks to resolve its differences with iran but that iran must first prove to the world that its nuclear program is for peaceful purposes. >> iran is the only part of the npt that cannot demonstrate the peaceful intentions of its nuclear program. and those actions have consequences. for u.n. security council resolution 1929, we made it clear that international law is not an empty promise. jen yuen white house correspondent mike emanuel is here in new york following the president's every move an every word, mike. what kind of strikes you about what he had to say today? >> reporter: i was struck by how much he talked about middle east peace. many american presidents have tried for middle east peace and that's been very elusive, so the president raeg making the case that we can do the same old same old when it comes to the palestinians and israel, be back here making big speeches once again, and so he spent a lot of his focus

on that. also struck me, the talk about the global economy, what he's tried to do to help rescue the global economy. obviously that's a great concern around the world. jenna: it's interesting, ahead of the protests we're expecting in new york city about iran. what do we expect to hear next from the president? he has a few speeches and a few things to take care of in new york. >> he has a key bilateral with the chinese premiere so we can expect talk about north korea to come you, the global economy. the two nations, u.s. and china, have differences sometimes over economic issues but obviously the u.s. would like to see china take a more proactive role when it comes to north korea. we'll see what happens when the cameras are rolling. jenna: how do you like being here rather than the white house? >> it's great. jenna: but the white house is nice. >> but great to be here with you! jenna: mike, thank you very much. jon: house republicans just laid out their pledge to america. gop leaders unveiling an agenda for slashing tax and government spending. they're hoping for the kind

of success newt gingrich had with the contract in america in 1994, when republicans swept the midterm elections and took control of the house and senate. shannon bream is live at the unveiling in sterling, virginia. so shannon, how is the message of today's pledge to america, how does it differ from what we heard in 1994? >> well, jon, when you look at the physical rollout, you can see the differences. back in 1994 it was on the steps the u.s. capitol, today, wee are in suburban west virginia, it's clear that republicans want it to seem like it's more collaborative. 1994, they handed out the ten points and say this has finish discussion with the american people, it's about acknowledging the things done wrong in washington and now republicans are pledging to serve the people of america. here's how congresswoman marsha blackburn put it. >> the great promise end salvation of this country has always been the power of the american people to seek

and create solutions. this pledge acknowledges that washington has gotten in the way of those solutions and that washington has made the problems worse. >> so today, they laid out the road map for turning those things around, jon. >> jon: i know that in the past democrats have always said that republicans don't have a lot of ideas, especially for the economic situation. did they put anything forward today? >> they did. you know, first they talked about the fact that hey, when republicans were in charge of the house, they did things wrong, there were issues with spending and other things but now they say it's time for everybody to get back on track, they want to go to prestimulus spending levels, they want to reign in government and with the things done with health care and all kinds of things, representative herling discussed that. take a listen. >> we will have discretionary spending, we would go to the first house

without a budget to a house with a binding budget under our pledge and we would actually cut congress' budget, at a time when families are having to cut back, small businesses are having to cut back. >> reporter: they say everyone should be sharing those responsibilities for cutting back. that was a clear point here today, jon. jon: so any reaction from democrats on that? >> as you can imagine, you know, last night when we started getting the contours and outlines of what they were going to talk about today, democrats have fired back saying in a federal pledge to america, this is more a pledge to wall street, to big business, to oil companies. we heard that from representative steny hoyer, majority leader in the house and also a spokesperson for nancy pelosi's office, the house speaker's office, said it's about giving tax cuts -- stopping tax cuts for billionaires and shipping jobs overseas. this is in a tough midterm cycle.

jon. jenna: democrats are quickly tiring back -- firing back and james clyburn, offering his own interpretation of the republican pledge. heresy, just moments ago: >> if implemented, the proposed document will visit a plague from americans. >> a plague, not a pledge. let's talk to the lead author of that pledge, congressman mccarthy, joining us live from virginia. congressman mccarthy, some comparing this with the contract of america, some calling it a plague on america, rather than a pledge. what did you -- why did you choose to call this a pledge? >> this is a pledge, this is what we will do, what we can do before we leave congress. we're calling on nancy pelosi and harry reid to bring these bills up, stop the uncertainty so business can start working again, cut the debt and cut the

spending, what's been going on, cut the regulation and reform congress, where you have something oefplt that's why we're at a small business today that hasn't even had a profit in two years. jenna: you said you want to get some of these done right now. talk directly to our viewes. there's been talk about republicans taking back the house, some of maybe republicans taking the senate but if you don't have both houses it's very difficult to get legislation through, so again, how reasonable is it, some of the pledges you're making to our viewers today? >> this is very seasonal. -- roam. this focuses on small businesses, where 80 percent of all jobs are created, gives them a 20 percent deduction so they can survive and invest, it makes sure the uncertainty is taken away so they know the tax system stays the same and goes forward, no tax increases in a recession, it takes away regulation where these agencies are putting new regulation on business, 191 of them out there, that will cost american taxpayers $100 million in business, because it first has to be roted -- voted on by

congress. >> can you do that without having the majority in both houses? >> yes we can. i will tell you, the american people we've been talking to for the last two years asked for this and when they came to talk to us we never asked what party they were afailate dollars with, they wanted jobs and take down the debt and they wanted to change washington. that cuts across all parties. this isn't about republicans, democrat, liberal, conservative. this is about the american people. jenna: but you do mention the democratic party directly in the pledge, as well as president obama, and some would suggest the rene we have this administration in place right now is the reaction of the american people to the previous republican administration. so how are you and this pledge different? >> well, first of all, i never served in the republican majority, i wasn't here. but the one thing that i have found is the american public never thought this country would go as far as they did. they want to see this country come back and make it actually strong for future generations. so many mothers and fathers

are asking will the next generation be as well off as mine and that's what we have to restore and that's what this pledge does. these are items that can be taken care of right now, be passed before we leave congress. the on thing that the democratic majority is talking about is ending early, going home and leaving the uncertainty, looming out there to the american public. jenna: there's been two criticisms of this pledge, mainly coming from the gop. one is that it's risky to be putting out there right now 40 days ahead of the mid terms because it really gives the democrats a chance to kind of pick away at your strategy. it also, according to some republicans, does not include enough references to social issues, to values. what's your response to that? >> well, these are things that can be done right now. i'd love to have the debate with any democrat on what they disagree, do they disagree that small business creates jobs? do they disagree with the idea that government spends too much? do they disagree that a bill should be put online for 72 hours and actually read before it's voted on? do they disagree that you

actually have to have the constitutional authority listed in the bill that you introduce? i fine that hard to disagree with. but the majority in congress today led by nancy pelosi believe that. and we think the american people want this, we talked to them, we discussed it with them and we lay it out very boldly. we have ideas and we have ideas to take this country back. yeah, the light may have been dimmed a little on that shining city on the hill but we're going to recharge it. it is not going to go out on our watch. jenna: if you're part of the young guns, the next generation of republicans, do you think it's proper that congressman boehner is the lead face of your party right now? >> one thing you found in this meeting, there were a lot of new faces that you haven't seen in congress that have been working, put ing this together. leader boehner has done a great job of bringing us together. this is a microcosm across america, this isn't just congress working on this, we went to the american public. the american public has the ownership of the pledge and that's why we ask america to join with us and fight to

bring this to the floor, ask nancy pelosi to allow us to ask the vote and let us see where america stands. jenna: congressman mccarthy, they appreciate you joining us and we look forward to talking to you again soon. thank you sir. >> thank you for having me. jon: we know a lot of you are online as uch watching this. if you'd like to read the pledge to america, you can find it on our show page, fox news.com/happening now, also vote on our question of the day, we want to know what you think of this pledge, do you support it, oppose it, or if you support some but not all of it, you can cast your vote and we will check out the results later in the program. and fair and balanced, coming up in the second hour of "happening now", we will get reaction to the pledge from democratic senator bayh iron dorgan and we'll ask him if he supports the president's position on extending the bush tax cuts for just the middle class. jenna: apparently there are movements on those tax cuts today so we'll keep you up to date as we hear more. we're also watching kentucky right now and big news, rand

paul's bid for the u.s. senate. live redetails -- details, strayed ahead. >> harris is at the breaking desk with new information on a crazy and sometimes thought to be controversial car chase, harris. what do we have? >> reporter: i tell you what, jenna. we have firefighters, cops, from two of florida's largest counties, tasers involved, paramedics, a chase that ended so dramatically we brought it all together, so i asked who the heck are these guys? we've got the followup to the roundup. we've got their pictures, too. stay close.

jon: new information about that dramatic car chase in south florida. if you were with us for "happening now" yesterday you saw all of this mayhem live, sheriff's deputies chase ago car on the roads and the sidewalks of a neighborhood in miami-dade county. when they finally got this thing stopped it looked like a clown car with all the bodies piling out. harris has new information from the breaking news desk. >> reporter: my new information is made even

newer. this has just come out of the miami herald. apparently there was crystal meth that was found on one of the suspects or the car, so possibly drug use going on during this thing. that's from the miami-dade miami herald that's being reported. this crossed two counties, miami-dade and brower when it finally came to an end and now we know according to police what started it all. we thought maybe the vehicle was stolen but now we know what these guys were apparently looking for was to steal equipment from houses in a nice neighborhood. you'll remember jenna kept bringing up, this is a residential area, this is not a freeway, these guys could hurt somebody, drive up in somebody's lawn, then they went for it and you saw the houses in the background. they were looking, according to police, to take lawn equipment from houses in this neighborhood, corral springs officers started off with a chase in the toyota camera in the 4000 block of corral springs, bringing this whole thing to an end and who are the guys?

we have mug shots. lewis is 30 years old and then there were allegedly two brothers involved in this, joel and eric, you see joel's picture there, joel and eric sanudo, 18 and 19 years old, they are charged this morning and getting ready to leave for court is what i'm told to face charges. they had injuries but they were minor. they got tasered, one more than once, and we saw them hitting the ground pretty hard. that's the full story. people want to know who would do this sort of thing, what's the whole follow? now you have the followup on the roundup. back to you guys. jon: thanks! >> sure. jenna: well, we're awaiting a significant announcement in kentucky senate race, gop ran date rand paul expected to get tea backing in this race and steve brown is there, live in louisville with more. steve, who's going to back rand paul? >> reporter: we're finding out specifically about an

event coming up on saturday, where mike huckabee, former arkansas governor, current host of huckabee, which is a fox news channel show, he's going to be coming in here on saturday to campaign with rand paul. today there's going to be an endorsement announcement and the information isn't specific but it's a business group. already the u.s. chamber of commerce has come in on the side of rand paul, but this is another business group that's going to be coming in with an announcement later at 2:00 this afternoon. jenna. jenna: steve, ran paul's opponent, democrat jack conway, has been saying the poll numbers showing him behind rand paul are wrong. does he have a point there? >> reporter: he actually may have a point here. his polling internally is done in a different methodology. what he does is his poll people ask are you a registered voter, then a likely voter. usually pollsters either ask one question or the other, likely or registered, and likely is the preferred methodology by most

pollsters. conway says that kind of double secures that these are actual likely voters and in his polling it's internal polling. now, conway has been getting peppered by attack ads from groups aligning themselves with rand paul, and a lot of them have basically pinned him to barack obama and a lot of his polices as fellow democrats, and this is what jack conway had to say about that: >> what my polling is doing and what a lot of polling is actually doing, is doing it the right way, that is to say we are going to call registered voters and see who the likely voters are. >> reporter: my apologies, i tossed it the wrong sound bite, but essentially, what jack conway says is barack obama is not on the ballot, and he's going to try and make that point, and as much as his opponent and his affiliates are going to try to make the case, that jack conway is an extension of barack obama, his popularity numbers, not the highest here in kentucky.

jenna: interesting race to watch. thank you very much, steve brown for us today in louisville, kentucky. by the way, fox news is your election headquarters across all platforms, get political headlines, also breaking news, 24 hours a day. check out the log, front row seat to politics, log on to politics.blogs.fox news.com. jon onpresident obama making it clear at the up u.n. iran is running out of time its nuclear program only has peaceful purposes. ambassador john bolton on the chances that iran is actually listening to the president. and to the protestors.

jon: well, right now president obama says iran's failure to satisfy the world's demands on its nuclear program will have consequences. this comes just hours ahead

of president mahmoud ahmadinejad's turn before the world's body late dear. amid protests over the iraniano on iran leader's presence at the u.n. fox news contributor and former ambassador to the up, john bolton is with us. welcome. >> glad to be be here. jon: i've heard themes in which iran has been threatened with consequences if it doesn't comply with the world's demands. >> what was surprising to me about this speech is how little there was new in it generally or specifically on iran's nuclear weapons program. a lot of people thought this was an opportunity for the president either to make another gesture towards negotiations or to take some stronger position, but instead, it was essentially a reiteration of what he has been saying for some time, unfortunately, without having any impact on iran. jon: that suggest the white house is running out of ideas? >> i'm afraid they have run out of ideas, and in fact their real expectation at this point is that sanctions will not stop iran from getting nuclear weapons and that the consequences, we

will have a nuclear iran that will try and contain and deter. i think that's doomed to be a failure but i think that's where the administration may be. jon: what if you had been given the chance to get up to the podium today, what would you have said? >> i would have said time is just about -- has just about run out on iran and unless there's a major change in policy, abandoning their nuclear weapons program entirely, the consequences they would face would not be ones talked about in diplomatic circles but be much more forceful. i honestly think that's the only way at this point to stop the nearly inevitable outcome of an iran with nuclear weapons. jon: but the administration did succeed in getting that new round of u.n. sanctions passed three or four-months ago. is that not working? >> not really, nor are the extra sanctions adopted by the european union or the u.s. congress, countries like russia, china, turkey, venezuela, many others are still assisting iran in financial terms and in some of its other critical needs so that the sanctions themselves, while they may raise cost for iran, generally may make life more

difficult or not affecting the nuclear program. jon: what is your sense about the power behind ahmadinejad? he is the public face of that country, and yet, he is in some trouble at home, isn't he? >> well, you know, human ambition and conflict extends even in regimes like this, but i think what's happening, in fact, secretary of state clinton has said this recently, publicly, the regime is increasingly a military dictatorship with theocratic overturns. it's no longer a group of mullahs running the country, it's much more the revolutionary guard of which ahmadinejad is an alum nis. jon: is he in charge? >> i don't think he's the sole power. he is obviously one of the top ones. there are a number of people who have powers, more of an uneasy, collective leadership, but as i say, a leadership that's backed by the military. jon: ambassador john bolton, thank you very much. jenna: a lot of news to get to today but we have some crazy video to though you -- to show you now a. flaming

bull festival in spain, bulls running around with sticks attached to his horn, this is in catalonia, the same region that it was outlawed haas summer. lawmakers say they didn't want to autolaw a customs-old customs in this cenry, so there goes the bulls. jon: the staffing shuffle at the white house could be getting bigger. there's word that one of bin laden's closest advisers might be preparing to leave the west wing, this follows a pair of departures from the white house economic team. a live report on who, next. important phone call i made.

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you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. jon: a fox news alert and the fda will allow the popular diabetes drug avandia to stay on the market. back in july an fda advisory panel voted to keep avandia on the market, but recommended additional restrictions on concerns the drug could increase the risks of heart attacks in some patients. the drug also has been linked to strokes, and some observers said the fact this was on the market showed the fda is simply a broken organization. but all of that has been put aside at least for now with some additional restrictions. avandia will be allowed to stay on the market and be made available to those patients who use it for treatment of diabetes. jenna: well, president obama may

soon have to fill more big jobs at the white house. chief of staff rahm emanuel and senior adviser david axlerod are expected to announce they're leaving. this follows the departures of three key members of the president's economic team. we find jim angle in washington with more on this story. jim, a lot of people leave as they get into an administration one or two years in, so how unusual is it to see this type of exodus, i guess, from the white house? >> reporter: well, jenna, in one sense it is not. the white house is a pressure cooker, so people burn out. of course, that happens even quicker when things are not going well and you're looking at big losses in the midterm elections. karl rove who served for several years in the bush white house says the departures are not a big surprise. >> the average tenure of a senior white house aide is about 18 months, so the fact that he's lost, already lost rogers and romer, he's already lost orszag, the head of the cbo, apparently

going to lose larry sommers, this is not unusual. and there are going to be more. >> reporter: david axlerod is leaving next year, it makes a lot of sense because he'd be running the president's re-election campaign. better not to do that from the white house. axle rod e-mailed to say i'll be here well into 2011. at some point i'll reeve to work -- leave to work on reelect. you also have several people in the national security field including defense secretary robert gates who are planning to leave as well. jenna? jenna: no secret it's a tough job market out there, jim, a lot of people need work. if these folks leave, who do you think the president picks to replace them? >> >> reporter: well there are lots of choices. since he's looking at losing the house to republican control and even his own supporters are expressing disenchantment, the question is what kind of person does he look for, and what does that say about his policy intentions? a lot of democrats are now saying the white house needs to

shift from academic economic advisers and bring in some people from the business community, people who might give the president different advice about how to create jobs. several former ceos are getting mentioned including richard parsons, long-time ceo of time warner and other companies, a moderate republican who also worked for vice president rockefeller way back when. and remember, jenna, what happened when president bill clinton faced a republican congress. he shifted policies and said the era of big government is over. president obama came in basically saying the era of big government is back. the question will be whether personnel departures mean a shift in policies as well. it's clearly an opportunity for a shift in policy, but only if the president is so inclined. jenna: we'll see what happens. musical chairs, jim. thank you so much, jim angle in d.c. jon: happening right now, a number of small businesses expressing fears they will be hurt if the bush tax cuts expire. some say the higher taxes mean they won't be able to open more

stores and hire more workers. elizabeth macdonald is speaking with one small business ceo in new york who apparently feels this way. liz? >> reporter: hi, jenna and jon, yeah. two-thirds of the job growth in the last decade under this country came under the bush tax cuts, and we're here now, though, with the ceo of hardy soup in manhattan. he says he's worried that letting those tax cuts expire will hurt his company. what happened here when it came to job growth? >> small businesses tend to be big creators of jobs. we tripled the number of jobs over the last decade as we grew in our company, and the bush tax cuts enable us to retain more cash in the company to grow the business and open more locations and hire more people. >> reporter: over 310 economists just wrote a letter to congress yesterday saying, look, if you let the bush tax cuts expire, it'll be anti-stimulus, it'll have a

damaging impact on economic growth. do you agree with that letter? >> it's completely correct, and the reason is most small and medium-sized businesses are taxed at the individual level in america. and, therefore, if the bush tax cuts expire, any business which makes more than a quarter a million a year will have to pay, effectively, the individuals who own that company will pay for tax and deprive the companies of more business -- >> reporter: all right. the democrats in congress and the white house have been say, look, only 3% of all taxpayers will be affected by the bush tax cuts going away for the upper bracket. do you agree with that? is. >> i think that's completely incorrect. it's a cyclical distortion. it affects 3% of taxpayers, but it affects 50% of the income that's reported by small and medium-sized businesses, and it's that income that's going to be taxed at a higher rate, and those businesses -- like my company -- will have less cash available to grow. >> reporter: jon, we want to come back to you.

did you have a question? jon: we're good, elizabeth. we're going to have to run, but thanks for that live report. >> reporter: okay, sure. they're wishing you well. back to you guys. jenna: well, first lady michelle obama set to speak in a few hours at the u.n. in new york city, and we're going to be seeing a lot more of the first lady over the next six weeks as she hits the campaign trail for democratic candidates across this country. molly henneberg is watching this live in d.c., so, molly, where's the first lady headed? >> reporter: hi, jenna. she'll be stumping mostly for incumbent democrats in key races, seats the democrats must hold in november. she'll start about mid october going to wisconsin for russ feingold, illinois for alexisy newel yus. for colorado senator michael bennett, washington senator patty murray, house speaker

nancy pelosi and california senator barbara boxer. a spokesperson for the first lady says, quote, she's campaigning to advocate, to rally voters behind specific candidates based on what we can do to build a better be future. she comes to us as a mom. finish >> reporter: it's not unusual for first ladies to campaign for senators or representatives. for example, laura bush did it as well. jenna? jenna: well, molly, what do we expect exactly for the tone to be coming from the first lady? do we expect her to go on the attack against republicans. >> reporter: no. political analysts say that's traditionally not what first ladies do, nor is it what candidates want a first lady to do. sabato says, quote, the first lady doesn't do hard core partisan politics, she says nice things about the candidate she's with. it also gives gop candidates a chance to suggest their opponent

isn't doing well enough on his or her own. in fact, a spokesperson for carly fiorina in california says, quote, national democrats are clearly so nervous about californians distaste for barbara boxer and her nearly three three-decade career of supporting job-killing policies that they're forced to send in reinforcements to try to salvage the only job boxer cares about; her own. the boxer campaign counters that that it's, quote, thrilled to, quote, urge californians to go to the polls. back to you. jenna: we'll see the effect on election day, molly. thank you so much. jon: "happening now," do you know your health care bill of rights? part of the president's new law goes into effect today. could mean big changes for you and your family. dr. mark segal is here to tell us what you need to know right now. and check this out. we're going to show you the back of a truck. that is what's left of a light

aircraft after it crashed. and that's the pilot standing there next to it. how did this guy survive? finish you know, fresh green beans lose half their vitamin c in a week. so, you can eat them right here... or eat green giant beans at home... ...frozen within 8 hours to lock in nutrients. up to you. [ green giant ] ho ho ho ♪ green giant.

jon: new next hour, we have the latest information on the worst fire in colorado's history. will the former firefighter who started the inferno face criminal charges? new questions about security at america's ports. a new report says millions of your tax dollars are going to projects that won't make our country any safer. you will not believe the price tag. and move over trier is tops, look at this beautiful guy. fifteen horns on his head, and he's only one brand new dinosaur species just discovered out west. we'll talk to the scientists who found them and show you some more really cool pictures. jenna: well, the doctor is in, and it's a good thing because today the patients' bill of

rights, i should say, goes into effect. this is part of the sweeping health care law president obama signed exactly six months ago, and that's why dr. mark segal's with us, he's a member of the a-team, the medical a-team. dr. segal, what happens today? what changes today for everybody as far as health care? >> well, for the most part nothing major changes, and also the president is selling this like you're getting a free gift, and i want to warn people if they offer you a free laptop, look at the fine print. see if it's something you can really get because some of the changes are actually consumer protections, but others aren't going to work for a lot of people. jenna: so give us a few of them that go into effect right now. >> the first one is prevention. they're going to take away your co-pay for mammograms, kohl not cobies, vaccines. i'm all for that, i think that's a great thing. but what's going to be accepted or not? right today a study came out suggesting that mammograms may not keep you alive longer in the long run, so there's going to be

a big debate about whether to do them on the. also, will physicians continue to get the same amount for a colonoscopy? if we have a flock of more patients coming to get the procedure, there may not be the availability for it. jenna: gray area about how preventive care will actually be distinguished by some of these insurance companies. >> and in the doctor's office. jenna: talk to us about parents being able to keep children on their health care for a lot longer, up to the age of 26, right? how does that change any -- i mean, as a parent do you just call in today and suddenly your 26-year-old is covered? >> some of my patients have been doing that, and saying, hey, the insurance company can't cover them yet. if this person has a job that will offer insurance, you can't get it -- jenna: even if you don't want it. >> that's right. and if you've never been on your parents' policy, you can't now decide. this is for people who were covered as children who got dropped off when they reached a certain age but want to get back

on but don't have a job -- you see all the proviso? jenna: i was reading there is some talk that maybe insurance companies are just not going to offer insurance to children if they don't want to. is that a possibility here? >> that's scary, and that's actually happening in some states. a couple of insurance companies have actually decided to get rid of their child-only policies anticipating that they don't want to have to cover kids with pre-existing conditions because it's too expensive. it's so expensive, they're going to end up having to raise premiums. jenna: the final thing is this emergency room part of this patient's bill of rights. what is that about, your treatment if you suddenly have an emergency and have to go to the er? >> jenna, good and bad. they can't block you from using out of network payments. in other words, whatever insurance you have, you go to the er, and they're going to take it. that's very good except for one thing: ers are already overcrowded, there's 10% less ers than there were ten years ago. all my brethren are say, i've

got too many patients coming in. more and more are coming in. they'll go to the er, we may not be able to take care of them. jenna: just to get an overview, if any of our viewers are interested in any part of this, is it as simple as calling their insurance company and asking about it? are they going to get a straight answer? >> it's a great point. i think calling your insurance company is the only thing you can do, and i think you'll get a straight answer for your insurance company. but as the changes start to come this and more and more, hopefully, they'll be more universal. jenna: consumers have to be smart about it. >> absolutely. ask your physician, maybe he'll know too. jenna: well, dr. segal, thanks for joining us. jon? jon: well, he crashed his small homemade plane flipping it over and over again, and all he remembers is waking up in the field. george gibbony can fit all of the pieces of what used to be a thunder mustang in the back of a truck. he says he remembers hitting the

wing tip the first final time, but that's about it. >> something internally in the engine broke, and i knew immediately. so i climbed to trade my air speed for altitude, got about a couple thousand feet above the ground, and then the engine quit completely. i'll fly again. i don't know whether i'll race again. there might be some resistance on the home front, so to speak. [laughter] jon: yeah. you see, george wants to fly again, but his wife? she is not so sure after she rushed to the scene of his crash and saw all those little bitty pieces of what used to be his airplane. jenna: you could understand that. i'm talking to a pilot, jon scott's always going to want to fly. jon: yes. jenna: here's a look at the dow, everybody, up about 14 points. something important happened today as it does every thursday,

we get a look at those new jobless claims, the amount of americans filing for unemployment in a given week, and guess what? they're up. this is the first time in five weeks increasing by about 12,000 over last week, and analysts say once again this shows jobs remain scarce. well, homeland security issuing a frightening warning on home grown terror threats like the massacre at fort hood, texas, last year. what is al-qaeda's new strategy and how will the u.s. respond? we're going to tackle those questions. also, you've heard of drug-sniffing k-9s, now we're going to show you what these dogs are looking for in our country's prisons. adam houseley has this incredible story straight ahead. my nasal allergies are ruining our camping trip.

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jon: homeland security secretary janet napolitano with a chilling warning to congress. in testimony she says we can expect an increase in home grown terror plots and that al-qaeda is recruiting more and more americans to try to carry out attacks right here on u.s. soil. things like the fort hood shootings in the texas and the failed car bombing in times square. let's talk about it with a terrorism expert. neil livingston is chairman and chief executive, i should say, of executive action. neil. this had, this testimony from the homeland security secretary had a lot of people sitting up and taking notice. you said it's just sort of a restatement of old news. >> it really is. i mean, you didn't have to be sherlock holmes to figure out we've had an increased number of terrorist plots and attacks over the past 18-24 months in the united states and that these weren't orchestrated from abroad, but rather were carried out by either lone wolves or jackals as we call them, single

individuals who become radicalized over the internet or small groups of people who may have become also radicalized by clerics in this country. so this is what has been going on for several years now, and the government's finally publicly acknowledging it. jon: faisal shahzad, the guy accused of trying to set off that suv bomb in new york's times square, the feeling is that he had a little bit of training from overseas, but he had maybe more inspiration than he had ability? >> that's right. and he was the exception in the having any training overseas. and he certainly was not very proficient in bomb building. these are not master terrorists that have spent several years up in the mountains of afghanistan and on the pakistani border learning their trade. more often than not it's someone like major hassan who becomes radicalized, goes out and buys a weapon and takes it to fort hood

and starts shooting people. jon: in a strange way should we feel better that they're not talking about more 9/11-style attack with thousands of casualties? >> well, i think they should be careful in that regard too. yes, we're going to see a lot more of these individual terrorist attacks which are going to be rather small, low level. they're still going to be very serious, but at the same time we know that some of the foreign jihadist organizations are spending 24/7, if you will, trying to figure out how to carry out a raid logical attack in the united states, a chemical or biological attack or another major plane attack. and we know that they have repeatedly tried to get things going in terms of seizing aircraft or blowing up aircraft. that's still their number one priority. jon: so what do we do? >> well, we have to have two levels of security in this regard. first of all, we're doing a lot of good things abroad. al-qaeda and pakistan -- in pakistan is weaker than it has

ever been be. but at the same time -- and we have a lot of tools that we're using overseas to deal with terrorism. the problem is we don't have corresponding tools always to deal with domestic terrorism because we have certain constitutional protections and so on that make it more difficult to collect intelligence the way we do abroad. so we're going to need more, more informants and more help from the muslim community in the united states. we're going to need to have more phone taps and eavesdropping here. there's going to be a lot of things like that that are going to be controversial. jon: yeah. neil livingston, thank you. >> thank you. jenna: the clock is ticking on the bush tax cuts. what will congress do? it's a huge issue as midterms do. we're going to ask democratic senator byron dorgan about that just ahead. and with tour to tune in this weekend, chris wallace will have an exclusive interview with house minority leader john boehner. you certainly do not want to

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jenna: hi, everybody. thanks for joining us this hour, i'm jenna lee. jon: and i'm jon scott. a massive protest just getting underway outside the united nations. take a look. protesters blasting the iranian regime and president ahmadinejad. some familiar faces expected including one of the guests from our last hour, former u.s. ambassador to the u.n., john bolton. all this as we await president ahmadinejad's speech to the general assembly a few hours from now. eric shawn is live outside the u.n., tell us about what's happening today, eric. >> reporter: jon, this it is the largest anti-ahmadinejad rally we have ever seen outside the united nations, upwards of a thousand people denouncing him and his iranian regime.

and when he arrives here, he'll be greated by -- greeted by loud chants. the rally organizers say that there are protesters from up to 40 states including hawaii who are criticizing the iranian regime calling on them to fully cooperate with the u.n. on the iranian nuclear issue and criticizing them for the crackdown during the elections. among those who will speak, ambassador john bolton and former new york city mayor rudolph giuliani. president obama addressed the general assembly here this morning, and he zeroed in this on the eye iranian issue. he said the iranians must show the program is for a peaceful purpose, and the president yet genre affirmed the willingness to negotiate and said iran needs to sit down at the table and negotiate about its nuclear ambitions. >> let me be clear once more, the united states and the

international community seek a resolution to our differences with iran, and the door remains open to diplomacy should iran choose to walk through it. but the iranian government must demonstrate a clear and credible commitment and confirm to the world the peaceful intent of its nuclear program. >> reporter: the president also discussed iraq and afghanistan, and he focused much of his speech on middle east peace. he called for the creation of an independent palestinian state giving that a timeline of just one year. saying there must be middle middle east peace with two independent nations, israel and palestine, side by side. jon? jon: as i mentioned earlier, the iranian president, ahmadinejad, speaks in a couple of hours. what are we expecting him to say? >> reporter: that he will, and he will likely defend his nation's disputed nuclear program, criticizing the united nations and the international

atomic energy industry. his nation has barred two inspectors, so that has caused a lot of friction, and he will likely criticize the united states and the west for his view that they are cracking down unfairly on iran. iran, as you know, has always said the nuclear program is only for peaceful purposes. what we should look out for this afternoon is if the u.s. delegation will walk out or not attend ahmadinejad's speech. for the very first time in memory just two days ago, day before yesterday, the u.s. diplomats and delegates stayed in their seats as ahmadinejad addressed the world summit on global poverty, probably because that issue had to deal with global poverty and not international/national security issues. usually, the u.s. delegation on the sends a low-level note taker. that is the ultimate diplomatic snub here at the united nations, so we will have to see if the u.s. delegation is in their seats this afternoon. it will be very telling if they are not, and even more telling

if they leave in the middle of ahmadinejad's speech. by the way, the eye ray yang foreign -- iranian foreign minister did attend the president's speech this morning. jon: meantime, the protests go on. eric shawn, thanks. jenna: new democratic reaction to the gop pledge to america. as we await a decision from senate democrats on whether they'll hold a vote on extending the bush tax cuts. a lot going on in d.c. will this happen before the november elections? senator byron dorgan is our guest today. senator gore can, what -- dorgan, what's your reaction to this pledge to america? >> well, i haven't read all of the pledge, of course. i hope the pledge is that we all can work together finally instead of being republicans and democrats where we represent a congress that can answer the call the americans want answered to try to put the country back on track. you know, we've had precious little cooperation, as you know,

on anything in the last congress and the last couple of years. so american people expect better and deserve better from both political parties. jenna: and both parties there also seems to be disagreement within as well. we're taking a look at the middle class tax cuts, and one of the things that's come up over the last couple days is some comments coming from the democrats that apparentlily they -- potentially, they want to extend the bush tax cuts for the middle class permanently. are you onboard with that? >> i'm not, actually. here's what i would like to do. i think it's important to extend the middle class tax cuts. i would do it for a couple of years and then make a judgment about where the economy is and where we go from there. even when you just extend the middle income tax cuts, all taxpayers including those above the $250,000 will have their tax rates cut because you're adjusting the rates in the first $250,000 for everybody. jenna: i see what you're saying. so if i'm a millionaire, i get the tax cut up to $250,000.

>> that's correct. jenna: something that always needs to be made clear. thank you for that. one of the things it brings up as well, though, is that $250,000 mark. we had congressman mcman from staten island, new york, come and join us last week, and he said, hey, in my district you could be a firefighter and a teacher, work overtime, make $250,000 and still be living paycheck to paycheck. so where do we get that $250,000 mark? where does that come from? >> well, it's an arbitrary number, there's no question about that. but, you know, the fact is we have a $13 trillion debt. the question is, how are we going to cut some spending, how are we going to get some additional revenue in order to address this unbelievable indebtedness? if you go beyond the 250,000 and do the extension of the tax cuts, it costs nearly a trillion dollars over the next ten years with interest, and i think we ought to be more cautious and conservative in the way we do this. jenna: yeah. it's interesting to see that cost even if it's just for the

top percentage points. there's also estimates if you extend the tax cuts for everybody for ten years, it's even higher than that. it brings up a broader question for some of our viewers, though, which is this: you know, if you're an american couple and you're making underneath that mark of $250,000 and you're a entrepreneur, so you're getting a tax break, what's the incentive for working hard, getting promoted and making more money if you know you're going to get slapped with more taxes? >> well, you'll get a tax break as well even if you exceed the $250,000 as i just described. and i think all of us want to have an environment here in this country in which people can invest and start small businesses to grow and be successful. the way to do that is create an economy that's expanding, and you don't do that by running up more debt on top of a $13 trillion debt. my point is let's give the american people some confidence that we finally, at long last, can wrestle to the ground this federal budget deficit and turn it around. so that means tightening our belt, cutting spending.

it also means trying to find additional revenue. jenna: the wrestling analogy probably a pretty good one considering everything that's going on in the house and senate. whats the likelihood, you think, about getting a vote on these tax cuts before the midterm elections? >> well, senator reid and senator mcconnell have been talking about the schedule to try to determine will this happen within the next week or so, or will it happen during the lame duck session? we know now that the congress is going to be in session in december. there is no question in my mind that these tax cuts are going to be extended. the question is when. it'll be before the end of the year, and the question is, what is extended? is it all of it or just up to $250,000? i mean, i think those questions need to be answered, but they certainly will be answered before the end of the year. jenna: are you saying you're going to work up until christmas eve, christmas day like health care? >> i hope not. that was christmas eve day, as you know. you know, look, i wish we could all decide, you know what? this country's in trouble, needs help.

we all want to work together and find a way to lift america. we can do that. jenna: we appreciate your sentiments today, senator. thank you for joining us, senator dorgan, of north dakota. >> thanks. jenna: we have also been talking a lot about the republicans' pledge to america. it was just unveiled this morning. we now a lot of -- know a lot of you were online. read the entire pledge at foxnews.com/happening now, and there's also a question there. we're really curious about what you guys have to say. thousands of you have already voted on this, and we're asking if you support the pledge or if you oppose it, or if you support some of it but not all of it. we're making you into a politician. if you haven't done so, there's still time to cast your vote, and we're going to check out the results later in the program. jon? jon: well, you don't need us to tell you jobs are scarce out there, and new figures bear that out. take a look. first claims, initial claims for unemployment in this country jumping 12,000 last year to a --

last week to a seasonally-adjusted 465,000. that's the first time in five weeks that number has increased. i'm at the business assignment desk here with adam shapiro. explain something to me, because that looks like a bad number to me, but wall street actually likes this? >> reporter: well, they don't like that headline number, but the dow's up right now, and one of the reasons are when you get into the details, there are trends which some people call good. the four-week moving average of that number is down. it's heading in the right direction, claims falling by about 3200. and then continuing claims fell by 48,000. jon, formerly 489,000 americans receiving unemployment benefits, and no one should read into in the sigh of relief for the recession which supposedly ended in 2009. wall street likes it because the trend is going in the right direction. jon: if you've got 4.5 million people unemployed, that's an awful lot of earning power that didn't doing anything.

>> reporter: and that's the problem. wall street will react when we get another metric which gives them reason to start falling off. but when you have continuing claims fall, that's a positive. jon: it just goes to show why so many people are so skeptical of that federal board that announced a couple of days ago that the recession ended last june? >> it's an academic board. it sounds like the old soviet politboro. they said that june 2009 we entered into consecutive growth. but you don't see that growth reflected in jobs. this has been a jobless recovery, and that is a problem because we're not used to that in the post-world war ii era. jon: everybody, you can go out and spend money. the recession is over, right? jenna: maybe your money, jon. jon: you want to spend my money? jenna: it's always fun to spend other people's money. the district attorney called it corruption on steroids. town leaders in a massive pay scandal now behind bars. new details on their

jaw-dropping salaries and how they hid the truth for so long. plus our very own adam houseley is behind bars? adam? >> reporter: yeah, jenna. you're getting an exclusive look right now inside donovan state prison here in california. when we come back from break, you're going to see this dog, scout, and his handler go into a cell and search live for cell phones, a problem plaguing prisons nationwide. that story's coming up next on fox.

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jenna: we've talked a lot about efforts to crack down on illegal cell phones being smuggled into prisons all over this country, and today we're taking a look inside one prison where guards are using trained dogs to sniff out the problem. adam houseley's reporting live inside a prison in san diego. hey, adam. >> reporter: hey, jenna. you're looking live inside of donovan state prison here in california. this is an opportunity you don't get a chance to do very often, that is see inside a prison. and this dog, scout, and his

handler are going to go right now into cell 122 to search for cell phones. in the meantime, the warden is standing with me. warden, this is a significant problem in our prisons. >> absolutely. statewide the introduction of concerns into a prison environment -- cell phones into a prison environment are a public safety crisis, and we will use any type of intel, targeted searches as well as the k-9s as one of the tools to help us detect these cell phones. >> reporter: and this dog, scout, has been trained for a month, and they've determined there's a specific chemical that can be found. he's looking for cell phones, tobacco and illicit drugs, right? >> that is correct. scout came from kentucky, both of his parents are k-9 police force in kentucky, and he's been with the handler for about two months now. since august 15th we have discovered 52 cell phones. a number of those are to the credit of scout and as well as the staff doing regular targeted searches. >> reporter: and august 15th is when scout was brought here.

sixteen dogs right now, they'd love to have more. what's the big deal, some might say. we're seeing hits called out, business being done by drug dealers. >> absolutely. inmates can plan escapes in the community and that, obviously, is a public as well as employee inmate crisis. >> reporter: we've just been told they found tobacco in there which is illegal in california. they didn't find illicit drugs in this one or a cell phones but they still found tobacco which is a problem here. >> absolutely. they use that to barter, cell phones, of course, is our main target. cell phones can go up to $500 in a prison environment, so it's an ongoing warfare. the dogs claim the climate that we're able to work on. they put us on the offensive, and the inmates become defensive in terms of hiding the cell phones. >> reporter: once again, scout is trained for a month, and you can see him over here. when he leaves here, he'll go

back to being a normal dog, but when he comes into a prison, he knows he's here to work. i'm going to ask the officer one question, how long is he allowed to work before, basically, he's not available anymore, the smell kind of goes away? >> about 30-45 minutes. >> reporter: so you can't go through the entire prison, so you have to detect certain areas each day? >> we're doing, like, even sets. just keep on going about 15-20 minutes of rest each time. >> reporter: all right. jenna, it's a major problem in california prisons and prisons across the country. cell phones are being used and, again, they only have two dogs here, and they've found already 52 you said? 52 cell phones in just a little bit more than a month. imagine if they could go through all these cells what they would find. jenna: scout looks like he's working really hard. adam, we just saw you on a boat, jumps out of a helicopter. how is it inside a prison? >> reporter: you know, it's

eerie. i've been in jails or out in the yard, but to be inside, you go through significant security. we have a number of officers over here that have come with us, so it is definitely a different feeling inside here, that's for sure, jenna. jenna: and definitely when you're in there to work, not to stay. >> reporter: absolutely. yes. no plans on staying. [laughter] jenna: adam houseley, thanks for that great story. we appreciate it. jon: give scout a chance to rest his nose. the gop issued its pledge to america a couple hours ago, but what went on behind the scenes? an inside look at some of the infighting the tv cameras did not pick up. during the break we also want to know what you think about this pledge to america that's just been rolled out. log on to foxnews.com/happening now. take part in our online poll. as jenna said, thousands have voted already. we'd like to get some more. and a little bit later on, a huge dinosaur discovery right

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jenna: well, lots of reaction on the gop's pledge to america. we want to dig a little deeper into this as well, so we've got capitol hill senior producer chad ingram on the phone. also chris die carwall is in washington. chad, all things having to do with congress. you know about everybody there in those hallways. what would you say the is the

reaction so far? >> generally, it's been positive but, remember, this is the party that sometimes has been depicted as the party of no, so having a a menu of five specific areas gives them something to be for. there are some republicans, though, who are skeptical. one republican i spoke with described this in a noncontroversial framework. he wanted specifics, he wanted to know which items would be converted directly into legislation. another was critical of the national security portion of the document. he says it never once references achieving victory in afghanistan or says the u.s. will win the war on terror. democrats, obviously, abhor this document. in 1994 democrats didn't think the gop would win the elections, but jim clyburn predicts that could be very different this year. >> i don't recall that we had an opposition strategy before. some of us did call the contract a contract on america, but that's not anything that we

developed. i can tell you we are going to develop a very rigorous response to this platform. jenna: okay. so the response is coming, chad, as congressman clyburn just mentioned. you, of course, mentioned the contract with america. newt gingrich brought that out in 1994. you covered that as well. how would you compare the two? there's a lot of comparisons being made between both documents. >> fundamentally, this is a pledge. not a contract, a pledge is something short of that. in 1994 republicans bought an ad in tv guide e enumerating the tn points in the contract and asked people to post it next to their tv screens. they said this way you can check off how we're doing in the first 100 days. in 1994 republicans, you know, were charging toward here, and they've been very artful this time around to try to draw illusions to that time 16 years ago. in fact, if you watch the tape of the rollout of the contract, you hear much of the same

rhetoric today. anger in the electorate, only one party was listening and the other not, but there's truly only one parallel the republicans need to make, and to them it's capturing the house. they do that, people won't care whether it's a contract or a pledge. jenna: that's a good point. and we have to wait until the elections to find that out. chad, thank you so much for joining us with that expertise. we appreciate it very much. we're going to go to chris now, he's the politics editor, digital editor. and, chris, you know, it's interesting to make that comparison to 1994 because something wasn't around during 1994, and that something was the tea party. we haven't really tackled that yet, but there's a lot of rhetoric in the pledge to america that seems like very familiar to what the tea party is saying. what do you think about that? >> well, you know, when you see lines in this document that refer to the founding fathers, and when you see that there's a measure in there that says that all measures have to be at the timessed for their constitutionality -- tests for their constitutionality, you

definitely get the sense that the republican party is reaching out and trying to absorb all of this tremendous energy that the tea party brings to bear on the political process this year. and they're probably smart to do that because when you get right down to it, the tea party is the largest manifestation of something that's going on underneath which is people are fed up with washington. jenna: talk to us a little about the process. you've been speaking to some of your sources in d.c. about this pledge and how it came about. we were promised it right after labor day. it took a little longer than that. was there a problem or conflict or things that needed to be worked out between some of these authors? >> well, jenna, you know, the favorite saying in washington is it's complicated, and this one sure was complicated. you break it down and, basically, there was a first question: should they do anything at all? there were a lot of people in the republican party who said don't say anything. the democrats are doing enough damage to themselves, they're unpopular right now. get out of the way, and all you have to do is be on the ballot, and it's going to work.

the minority leader, john boehner, on the other hand, said we've got to do this, and we've got to push forward. and as chad pointed out, there were plenty of people inside the republican caucus that wanted this to be a thousand-page document, that wanted every policy point to be enumerated. so they had to fight through that process. but what's interesting, jenna, is after you get through the whole process and you have everybody onboard, social conservatives have a big rally in washington at the values voter summit over the weekend. mike pence wins the presidential straw poll, and he comes back to the house on monday and says, hey, i've heard the will of the people, and the will of the people is to talk about social issues. and it threw everything into a top hat all of a sudden, and they had to do an 11th hour negotiation to work this through so they could keep the focus where it had been all the along which was on economic, fiscal issues. jenna: so then the big question is, how effective is this? let's just use a baseball

analogy. i know we're almost at the end of the season, but let's just go ahead. sometimes you get on base because, you know, you hit a line drive to center field. other times, you know, you get hit by a pitch, you bunt, someone makes an error, you still get on base but, you know, it wasn't like hitting a line drive. how would you describe the republicans? are they on base can with this? how would you say? >> well, i'd say this is spring training. right now they're making sure everybody knows what the plays are, they know what the signs from the third base coach are. they haven't gotten out of the dugout yet, but the most important thing -- to torture your analogy -- is this works to unify the party so they say, okay, we agree this is what we're going to talk about. most importantly here, it tells tea party voters and people fed up with the establishment, okay, okay, we're listening. we hear you. we promise we're going to try and act right now. jenna: all right, chris, thank you so much. appreciate your insights, as

always. by the way, everybody, stay on top of all the latest political developments with fox news america election headquarters iphone ap. go to foxnews.com, find a link on the fox spotlight section of the home page. you also have the power play written by chris as well. download the ap at any time on foxnews.com. jon: good thing to have. there are new allegations of government waste that could lead to a false sense of security in this country. one watchdog group says the government has spent hundreds of millions of your tax dollars to prevent nuclear devices from entering our ports. and guess what? it's not working. also, in west virginia democrats are blindsided. a potentially huge upset for the gop in that state come november. a live report on the latest drama. sears bonus days are here!

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homeland security was warned repeatedly the technology was pushed too fast. at one project in the ports it was designed to screen cargo containers for nuclear materials. the equipment was too big into the cargo lanes. senator susan collins, the ranking member of the homeland security committee says is smacks of incompetence. >> the first thing would be done that the department would talk to the agency that is going to use the equipment, to find out what would work. in this case millions of dollars was wasted because one office did not talk to another office about what was needed. >> reporter: and senator collins says congress was also misled in her opinion. this program got stalled in the research and sveltement phase in 2007 yet homeland security asked for money in the budget to fund buying in 2009 and 2010. to give you some context

this, is a project spages both the bush and obama administration, jenna. jenna: on going. what is the response from homeland security? is there anymore comments they have on this? >> reporter: homeland security official told fox that the department in no way misled congress over this project. it is called the cars project. their statement reads in part, the domestic nuclear detection officer, dndo held multiple briefing with the relevant congressional commit tee members and staff but the status of the technology program including cargo advanced automated radiograph if i system or caars to congress aprized of developments and changes. in addition when homeland security asked for the money in 2009 and 2010 their requests were accurate based on information they had at this time. but the bottom line nearly half a billion dollars was wasted on these two projects nine years after 9/11. jenna: that is hard to wall owe especially during a recession. thank you very much,

catherine herridge in d.c.. >>reporter: you're welcome. jon: now from america's election headquarters is a massachusetts-style upset in the making in west virgina? there's a surprisingly tight race for the seat held by democratic senator robert bid for decades. the democratic governor there, joe manchin is head-to-head against republican businessman john racy. chief political correspondent carl cameron live in sistersville, west virgina. it has been a democratic seat for decades. what is different this time around? >> reporter: joe manchin was thought to be virtual shoe-in. a very popular democratic governor in this state. he faces a problem not in his republican rival, mostly in president barack obama and democrats agenda in washington. while manchin is popular here for his work as governor of west virgina, the national agenda for

democrats got him into trouble. the republican is trying to put the obama agenda around his neck. he argues that joe manchin is no moderate to conservative democrat. when i gets to washington he will been like them. >> if walks like a duck and squawks like a duck, and nine times out of 10 it is a duck. this governor supports the obama care. a governor that support stimulus. a governor that brought obama's cap-and-trade to west virgina. >> really quite remarkable because when you talk to joe manchin about his positions how he feels about the obama agenda he is very critical. he argues that he has been a staunch opponent of cap-and-trade legislation, the climate change bill in congress. that he now thinks much of health care reform should be repealed though he was never actually a straight up opponent of it. he supported the stimulus but now he is talking very critical about them because of how unpopular obama is in this state. jon: i know governor manchin

very popular in that state. high approval ratings among voters. why isn't he walking away with this? >> reporter: hugely popular. his favorability, job approval favorability are up in the high '60s. he ran into this dilemma where inch after robert byrd died he could have appointed somebody or held a special election. accelerated his own time table. now though folks in west virginia trust joe manchin as their governor, even democrats are expressing some concern, conservative democrats once he gets into the u.s. senate were he to be elected he would be ultimately be driven by the herd. harry reid and democratic leadership would require him to vote for the obama agenda. that is the principle problem. west virgina politics is handshake type business. they're afraid once he is in washington they i will be too far from being able to sheikh his hand and know what he is thinking. jon: carl cameron in sistersville, west virgina.

>> reporter: you bet. >> a crossing the wire tremors shaking a building or buildings in chile capital city of santiago according to reuters. chile has been the site of very massive destructive earthquakes over the past couple months. we'll see if we get anymore information on this. here is story we have to tell you families b. there is chile. santiago in the middle of ground. a major city. tremors reported. no word on actual earthquake or how powerful it might be. developments as we get them. here we have a story on families a massive recall for a popular brand of baby formula. you're not going to believe what they're finding inside this product. it will shock you. the contaminated brand is next. plus an update on the worst fire in colorado's history. why the person who may have started it won't face any charges. all those stories straight ahead.

>> i'm megyn kelly. have we got a packed show for you today. jimmy carter take as shot at fox news. desperate attempt to stay relevant or was it something more? steven coll bear is testifying on -- colbert on capitol hill in character. waste of tax dollars, anyone? major news in a the department of justice scandal a whistle-blower says the doj is corrupt. one doj lawyer who can allegedly back that up is about to speak out publicly under oath over the doj's objections. and, cop finds out his 14-year-old daughter is having sex with a 15-year-old boy. what he does next to that boy now has the cop facing criminal charges that is in today's kelly's court. see you at to have the hour. jenna: a massive recall just issued for the powdered version of an infant formula. the maker similac. listen to this.

the product may be contaminated by beetles or larva. that is what could be in the infant formula, this powdered version. a about five million containers are included in the recall. the liquid version by the way is not included. if you want more information, go to straight to fox new newshealth.com. jon: new information for you on the most destructive wildfire in colorado history. the boulder county district attorney saying he will not fire charges against a volunteer firefighter who is believed to have started the thing. harris is on it from the breaking news desk desk. >> we knew who did it. dozens of homeowners waited to see if he would pay a harsh penalty. now we know he will go scott-free. here is why. 71-year-old george barros said he was burping items in a pit on his property in the four-mile canyon area. he thought he doused the flames. three days later, they got reignited. and blew because of some high winds, blew off into the area setting many homes

afire. 166 homes destroyed!. but now, the prosecutor saying, you know what? we can't prove his mental state. we can't prove he really meant to set a fire. apparently, that is what would have to happen if they wanted to get an arson conviction. prosecutors would have to prove george fera acted recklessly on purpose that is the legal him. -- hitch. meanwhile of the 166 homes that burned his house was one of those as well. he definitely feels the impact of all this devastation. 6400 square, rather, 6400 acres of trees and brush destroyed along with those homes in the four-mile canyon fire. we remember the flames. we remember the heartache of all of this now we know the man at the hart of it, really started it, never denied it, cooperated all along won't pay a hash penalty all along because they can't prove he meant so do it.

jon: because he didn't face criminal charges he may end up with civil court around almost certainly well. >> the money. he is 71 years old. as i read he was volunteer fire department for the local fire department. probably not a whole lot of income to go after. you're right he could see civil penalties could come in the meantime though no criminal penalties. jon: just a horrible, horrible accident. >> a lot of loss there. jon: harris faulkner. thanks. >> sure. jenna: we have some severe weather in the forecast for folks in the upper midwest and central plains. you don't want to miss this janice dean in the fox weather center with a live update for us. plus an amazing discovery in utah. new dinosaurs unearthed on america's lost continent. you don't want to miss that.

just discovered in southern utah. one has a crown of 15 horns plus even bigger dinosaur with five horns. talk about it with scott sampson. dinosaur paleontologist at utah museum of natural history. how did they find these things, scott? >> they're found in grand staircase escalante monument in southern utah. it is a rugged area. we have people wandering around looking for these things. when we find them. cover them up with plastic and burlap and use hell cop tefrs to airlift them out. jon: volunteer scott richardson, found two of the same skull, right?

two different individuals of the same species and species never found before? >> that's right. we have two new species that are brand new and scott richardson is volunteer. pail len technology is one of few sciences where volunteers make an incredible contribution to the science as a whole. jon: the one he found is there at the bottom. i call it cost mowceratop. >> the fax that it has 15 horns projecting from its head. jon: look like a bad hair day. what are the horns are for? >> it used to be thought the horns on triceratops and other dinosaurs were used to fend off predators. we think they're more like peacock feathers or antlers of deer or horns of bison. used to attract mates and intimidate rifles of the same species. jon: part of the puzzle here, first of all you've got two

new species you didn't know you had before. but part of the puzzle you had so many dinosaurs apparently living in this part of what's now utah. >> right. 75, 76 million years ago north america was basically cut into two land masses by a shallow seaway went from the arctic ocean to the gulf of mexico. these dinosaurs were living on a sliver of land what is now western north america w he have a whole new assemblage of a dozen dinosaurs coming out of utah. what is really amazing to us they're different species than dinosaurs found just a thousand miles to the north in montana and alberta. jon: it is a great discovery. i'm sure you're excited to have them there in utah. scott sampson. thank you. >> thank you very much, jon, appreciate it. jenna: new information now out of the middle east. following an outbreak of violence there. right now security in jerusalem extremely tight after clashes between

palestinianians and israelis. this comes after the president obama urged the international community to rally for peace in the region in a speech just made at a speech at the u.n. we have the latest. leland? >> reporter: jenna i want to show you some damage out here. check out this car. the wind shield smashed in. the windows gone. the roof smashed down. this is one of the lucky cars because the protesters didn't torch. set the scene. entrance to the one of the palestinian neighborhoods. the wall of the old city. riot police there. water cannon is there to try to disperse protesters they were able to keep the peace today. there is a real fear if this peace process fails, what we saw yesterday will just be the beginning. it was a real and very dangerous riot. 20 people hurt. a lot of rocks thrown. a lot of scars torched. it all began when an israeli security guard killed a palestinian who was here. the funeral procession then

turned into this really huge riot t was awfully dangerous to be out in. and officials on both sides of the official says this underscores how important it is to have a peace agreement coming through in the next little while. the big test comes, jenna, in 72 hours when the settlement freeze, building of settlements by the israelis on the west bank, expires and palestinians say if that is extended they're walking away from the table. jenna: that is a important 72 hours. leland vitter on a important story in jerusalem them today. thank you, leland. jon: national security experts warn after new threat from al qaeda and a suspected crook finds himself in a squeeze and this one is getting tighter by the second.

jon: now to why you can run but you just can't hide, at least not in a trash bin, security guards at a walmart in ohio suspected james biaranzo of trying to steal 1000 bucks worth of merchandise, when police moved in, he took off but hid in a dumpster. trouble is, it was garbage day and soon dispatch got a call from the suspect himself. >> i'm in the tprarb truck, it just compacted me! jon: police chased the truck down and tried to get the guy out. it didn't work. they ended up having to dump the load, with the suspect inside. he tum bled out and an ambulance rushed him to the hospital, he's in critical condition, is expected to refer, but when he does, he's -- to recover, but when he does he's going to face all kinds of charges. jenna: we had 6000 people vote on the poll question of the