Transcripts For FOXNEWS FOX And Friends 20091222

but i can't get enough of brian kilmeade. move back! >> it's "fox & friends." [captioning made possible by fox news channel] captioned by the national captioning institute -- www.ncicap.org -- steve: hi, everybody. welcome it our tuesday telecast, tuesday during christmas week. glad you could join us. brian: rex ryan is in the studio, ladies and gentlemen. steve: who's rex ryan? brian: coach of the jets. that's the only guy with a jets hat on in america after that last weekend's performance. gretchen: i'm with you, joel. i feel your pain. let's get to the headlines. hopefully not a lot of pain there. in just 90 minutes, some might think it's painful. the health care reform faces the first of two critical votes. the senate is scheduled to vote on several amendments, including the abortion compromise. later this morning democrats will try to get 60 senators on board again to invoke cloture on the bill. democrats hope to send the measure to the president's desk by christmas eve, but both sides not entirely happy with the end result. in a few minutes we will break down the five things conservatives don't like about the bill and the five things liberals don't like about the bill. just weeks after four police officers are murdered at that coffee shop near seattle another horrific event. two sheriff deputies from the same county were shot responding to a domestic violence call. the deputies did manage to shoot and kill the alleged gunman. people in illinois getting a chance to voice their opinions today on whether gitmo detainees should be shipped to america's heartland. a public shearing scheduled for this afternoon. supporters will say that the move will bring badly needed jobs to the area. opponents say it poses a safety risk for residents and gives terrorists rights they don't deserve. good news for all air travelers. you won't have to sit on the runway for hours waiting for your flight to take off. the government issuing new rules for airlines to protect passengers. the airlines will have to let people off a plane if it's stuck on a tarmac for three hours. airlines also must provide food and water for passengers within two hours of being stranded, maintain operable laugh tries and provide medical attention when necessary. the new rules go into effect in 120 days. airlines that break the rules face fines of more than $27,000 per passenger. all right, brian. sit down. simon cowell calling it quits? >> something said -- shut up, bawl i can't, you're really annoying me now. you are. some precocious child. >> whoa. gretchen: simon is leaving "american idol" after next season according to his brother. cowell will reportedly focus on the show to bring its american version of "the x-factor" to the u.s. no word on who should replace the one and only simon. nobody can replace him. paula abdul left the show earlier this year being replaced by ellen degeneres. maybe simon's leaving because he misses paula. brian: the "x-factor" is number one in britain. he signed i deal he wouldn't bring it to the u.s. until next year. so why not be the owner and put paula into the "x-factor." steve: maybe it's just a clever negotiating ploy on his part to get more money out of fox. he's done it before. he'll do it again. brian: that's so diabolical. steve: let's talk about what's going on up on capitol hill. you may be wondering why the senate is scheduling all of these votes at odd times, middle of night. brian: to throw us off? steve: it has nothing to do with us. one of the rules in the senate is when you've got these cloture votes, once you call a vote you've got to wait a day and an hour before you actually have it. so they back timed everything so it leads right up to christmas eve. so with god willing hairy reid will be able to send to the president of the united states on christmas eve the president's, you know, number one domestic thing, health care. gretchen: hold on, steve! some people say this may not happen if changes are made. remember, the house has their own version of the health reform bill. it's confusing, but that one actually has a public option in it. then the senate, of course, just passed their version that doesn't have the government-run option in it. so people like joe lieberman, an independent, are saying if you make too many changes, i'm not going to support the revised bill. listen to what he had to say. >> my own sense of the senate is the same as expressed in the last few days by senators conrad, nelson and others. if significant changes are made to the senate bill in conference, it will be difficult to hold the 60 votes we now have. i have two priorities that will matter a lot to me. the first is to continue and maintain the health care reforms that will improve cost effectiveness of our health care system and help reduce the national debt. second, i hope there will be no attempt to reinsert a so-called public option in any form in the conference report. that would mean that i would not be able to support the report, and i want to support it. brian: al franken has sustained the sound bite there so i acquiesce to him. joe lieberman says i don't want any public option. it was anthony weiner who said if we have this buy-in into medicare at 55, that's even a better move to get to us my goal, a single payer system. that prompted joe lieberman to do what he did. also, joe lieberman is the blocking dummy. there's like 12 other moderate democrats who are going to do the same thing just joe lieberman is taking the heat. let's see the senate side and see what conservatives hate about it and what liberals hate about it. first off it raises $500 billion in new taxes and fees. that is not a positive. penalties for not buying insurance that doesn't seem constitutional or american to some. and those penalties are -- could be, you pay a fine or you don't pay the fine, you don't get insurance and you go to jail. steve: also, conservatives are not very happy about the fact that there's no indication that costs will fall in the future. plus, it does provide insurance for illegal aliens. gretchen: i thought joe wilson said -- brian: you lie! steve: what it does -- we've talked about this in the past. what you could do is if you are in this country illegally, you would be able to buy insurance. gretchen: and it also doesn't crack down on frivolous lawsuits. something that erks conservatives. here's the catch. liberals also don't like this plan. so people are scratching their heads going, wait a minute, what the heck are we doing? the liberals hate no-government run option as brian pointed out, people like anthony weiner that it doesn't cover abortion. you'd have to write a separate check for that. insurance not entirely free for the poor. that you can't purchase drugs for canada. many people argue drugs are cheaper across the border. and that it's not big enough to crack down on private insurers. brian: just so many people to carve out. senator leahy gets $600 million. every state wants it to give me something. steve: we're going to talk later on about what's going on with ben nelson who is the senator from nebraska and the governor of that state. remember, nebraska got that special deal where forever the federal government will pay their medicare because what happened was the governor out there wrote a letter to nelson and said, you know what? if you pass this, that's another one of those darn unfunded federal mandates and we're running out of money. so he says he might give it back. there's a lot of other details regarding that. we're going to fill new later on. gretchen: let's talk about our favorite russian leader. who is it? medved deaf? no. it's vladimir putin because he goes shirtless. guess what else he's doing now. brian: that's why i love him. gretchen: that's why i love him. check out those pecs and whatever else you call those things. there he is. steve: the guy's a nudist. gretchen: i like it he's willing to take a chance. anyway, he's now volunteering for the russian judo team this guy is 57 years old, by the way. he apparently has a black belt in judo and he's taken on teams -- you don't call it in the ring. on the mat? brian: he shows up at the gym and the first guy he throws around is a teen. then bigger guys. he says, i'll help out the team any way i can. the thing is, when you go in and the russian leader there the former president -- steve: the most powerful man in russia. brian: the former communist leader who wants to bring russia back to its glory days when he comes in and grabs you, even if you could toss him, do you? you do not. you let him throw you around. absolutely. especially if you're a teen. steve: sure. if you are going golfing with your boss, you lose. brian: you always lose. gretchen: you do? [laughing] steve: hello? gretchen: sorry. i'm just competitive. not working that way. sorry. brian: to they even need a tmz in russia with vladimir putin? does he just call them up, come here, i'm taking my shirt off and wrestling a tiger? gretchen: you say it's commonplace protocol when you acquiesce to -- brian: absolutely. gretchen: and for the teen to acquiesce yes, sir to the 57-year-old? steve: i have never gone golfing with my boss. i just know that that happens all the time. people go out with the boss and the boss wins. keep in mind, this is the national team of russia. these guys are 30 years younger. and even though putin last year did come out with a judo d.v.d. called "let's learn judo with vladimir putin" -- [laughing] gretchen: i want that as a stocking stuffer. steve: there is a real good possibility that those youngins let the older guy flip him. brian: and we're the only show to do three minutes on lieberman even four on putin. gretchen: thank goodness. more of those shirtless photos, please. brian: really? gretchen: yeah. brian: good news for guys out there. he waxes. there's no hair on that man. gretchen: ok. steve: he's coming after something. gretchen: at 6:00 a.m. what better to look at than that? steve: i can think of a couple of things. gretchen: i'm a woman. can you be too fat to take a sobriety test if you are pulled over? one man says yup. will it work in court? a fair and balanced debate ahead. steve: and democratic congressman alan gray son no stranger to outlandish comments. >> if you get sick, america, the republican health care plan is this. die quickly. that's right. the republicans want you to die quickly. steve: now one florida woman is saying my congressman is nuts but grayson wants her behind bars? she'll join us next. brian: and an under water fourth of july fireworks show. that's how scientists describe this volcano found in the pacific ocean. we'll be talking to the lead scientist who pioneered that miraculous video. steve: that's hot. brian: 14 minutes past the hour. citibank hacked by a russian cyber gang that stole tens of millions of dollars. "the wall street journal" reports that the f.b.i. says the attack was discovered over the summer. citigroup says there was no security breach, no customer losses and no bank losses. let's get to the bottom of that. remember the oscar winning movie "reignman?" >> -- "rain man." >> you don't want to hit. he doesn't want to hit. hit me. >> doesn't want to hit. >> he doesn't want to hit. >> hit me. hit me. >> don't. you took my queen, ray. brian: the dustin hoffman character has died. he was autistic but had an amazing memory. pete died of a heart attack. he was just 58 years old. gretchen: this story may steam you. could you fail a sobriety test for being too fat? well, one man from north hampton, new hampshire, eventually beat the rap with an unusual defense. he claimed he was too fat to pass the field sobriety test that he failed when he was pulled over. the criminal defense attorney and karl mcdonald, the madd manager and former state trooper, join us for this debate. good morning to both of you, gentlemen. >> good morning, gretchen. >> good morning. gretchen: mr. dirken, you are a defense attorney. you believe that this is a just and fair and, i don't know, reasonable excuse -- i guess we should say -- for something to not have to take a sobriety test, that they're too fat? >> that's not exactly correct. this is a test when applied to people who are grossly overweight is designed for failure. it's biased against overweight people. but it's not a technicality as one may presume. it's really something about fairness. it's about an officer who should be following her train organize his training when applying field sobriety testing. it's about recognizing the limitations of any particular d.w.i. detection tool in this case -- gretchen: i'll try to stay away from the legalese here. how is it biased? how is a sobriety test biased to somebody who's obese? >> not every field sobriety test is biased against people who are obese but two in particular that are part of the battery of standardized field sobriety testing, the one-leg stand and the walk and turn are both coordination and balance testing. the national highway transportation safety administration who are proponents of these tests admits in their own training manuals, at least in regard to the one-leg stabbed, people who have balance problems and specifically included people who are more than 50 pounds overweight, have difficulty performing the test. gretchen: ok. i want to get mr. mcdonald in here because you have an amazing point of view here, sir. not only have you conducted hundreds of these field sobriety tests as a state trooper, you also lost your child to a drunk driver. >> that's correct. that's correct. gretchen: obviously you do not feel that this is a good move for people. how do you see it? tell me in your own words. how do you see this happening for obese people? is it an excuse or, in fact, bias towards them? >> i think it's an excuse and it's an attempt on the defense to take a look at the minutia of field sobriety test and these particular two tests, the walk and turn and the one-leg stand test when, in fact, field sobriety testing begins anytime an officer walks up to a car and observes anything about the driver. it's not just focused on these tests. the whole circumstances are taken into consideration to determine whether or not somebody's safe to continue down the road after the officers had contact with them. not necessarily to arrest that person for drunk driving. gretchen: let me ask you this. what should they test obese people for then? if they don't use these eight indicators? >> the burden of proof with any prosecution is on the state. the front line is anyone doing the investigation so there are many things an officer can do in a d.w.i. investigation which would later, if found until the investigation, be used as part of the prosecution. that can include -- there are a number of things. one is, first and foremost, the vehicle operation. is there any weaving or swerving? is the operator grie driving at night without their headlights on. then there's the interaction with the suspect. do they have red and glassy eye? do they have the odor of alcohol? have they admitted to consuming beer or alcohol? gretchen: i want to get mr. mcdonald in here because i'm running out of time does this make officers' job more difficult to figure out who's driving drunk on the road? >> no. i think what it does is offers an incorrect view of the criminal justice system to the public. i'd hate to have your viewers think that they can get away with drunk driving because they might be obese. that is not the case. there's plenty of tests and interactions with the officers to find out who's sober and who's intoxicated. gretchen: ok. all right. john durkin and karl mcdonald, thank you for a very interesting debate. >> thank you, gretchen. >> thank you. gretchen: democratic congressman alan grayson not making many friends. >> if you get sick, america, the republican health care plan is this. die quickly. that's right. gretchen: one woman is pushing back but grayson wants her thrown in the slammer? she joins us next. then the thief probably thought this 93-year-old woman would be an easy target. he thought wrong. that story also coming up. brian: florida democratic congressman alan grayson making some unforgettable comments recently. remember? >> the republican health care plan is this. die quickly. i apologize to the dead and their families that we haven't voted sooner to end this holocaust in america. >> you've called linda a -- >> you're going to have to make an appointment with our press secretary. >> situations like this is stfu. steve: l.o.l. well, those comments pushed one woman down in florida to create a website to raise funds against grayson. grayson is so angry he's trying to press charges. brian: angie is the founder of that website, mycongressmanisnuts.com. what prompted to you take such action? >> well, i was born and raised in this district. i'm from orlando. i'm actually second generation orlando. and i am embarrassed to be represented in washington by congressman grayson. several of my friends are so we decided to start an organization and launch a website to expos him for what he is and have one concise area where people can go for information about this congressman and what he is about. it's been very interesting. it certainly has gotten more attention than we ever thought it would have. steve: sure. his website is congressmanwithguts which has raised something like $500,000. yours is mycongressmanisnuts and you're also trying to raise money. here's the scary part. he has asked the attorney general of the united states of america to investigate you and potentially throw new jail or fine you or something because you've come up with this -- one of his complaints is your website is mycongressmanisnuts and he technically is not your congressman because you do in the live in that district. >> well, technically, this is the united states of america. a member of congress represents all of us no matter where we live. but he's right in my backyard. the other people who are part of this official committee, you know, with federal -- we're a federal pack. there's three people. the other two people are -- they do actually reside in his district. so if he had bothered to do a public records' request he would have realized the majority of folks involved with this are residents of his district. brian: you have about 164 donors, about $8,000 raised. if he's watching right now -- and i know he's a big fan of the show. what is your message to him? >> to get in touch with his district. this district is not a left wing -- you know, left wing rock star district that he's trying to portray it to be. he's so interested in just pursuing his own agenda, his own personal agenda that he's not representing this district at all. steve: on her website i see you can get a free bumper sticker i think there are a lot of people -- >> yes. i have one with me. brian: look at that. >> yes. steve: thank you very much for joining us. we're going to keep track of what happens to you. >> great. thank you very much. brian: i just don't know. who's a bigger threat, angie or -- i'd rather the attorney general focus on k.s.m. is that all right? steve: there is that pesky first amendment thing getting in the way for him. straight ahead what investigators found inside brittany murphy's house that could shed light on how she died. brian: iran's president ahmadinejad says his country has nothing to hide when it comes to his nuclear program. more of what he said and the questions he asked. steve: and for the first time ever scientists explore -- find exploding lava 4,000 feet under water. brian: told you. steve: what's that about? the scientist will be here to tell us about this incredible discovery straight ahead on a tuesday. brian: i've been claiming this for years. now i have proof. one word turns innovative design into revolutionary performance. one word makes the difference between defining the mission and accomplishing the mission. one word makes the difference in defending our nation and the cause of freedom. how... is the word that makes all the difference. gretchen: time for your "shot of the morning." come and look at this. it comes from burlington, kentucky. neighbor there's are falling, literally, for this local christmas display, rushing to help what looks like a stranded decorator hanging on to the roof. oh my goodness. this is such a bad prank. it's actually a mannequin. still, some neighbors aren't laughing. they've called police and want it taken down because they say it's too distracting. the homeowner says she's not taking it down because it's funny. brian: it is funny. it doesn't have anything to do with the spirit of the season though. gretchen: it doesn't. steve: a lot of people do decorate their houses and put themselves in huge peril by doing it. brian: i think it's funny. gretchen: it's funny. i just hope the police aren't wasting a whole heck of a lot of time on calls about people concerned about the poor guy hanging from the lights. that's what i'm going to get you for christmas next year. brian: get me a dummy. now to the headlines. the autopsy on brittany murphy done but questions remain. officials say she died of narlg causes after suffer from flu-like symptoms for days before she died. that does not rule out drug use. a vartd of prescription pills found. tmz reports murphy's body did not appear unusually thin. her mom said she was diabetic. toology teflts are not expected for at least four weeks. murphy had a will levering everything to her mom. gretchen: today could be the day that an american father wins his battle to bring his son home from brazil. brazil's chief justice expected to rule on the case of sean goldman today after delay willing the decision. the justice could overrule a lower court allowing the 9-year-old to go home to new jersey with his father, david. sean was taken to brazil by his mother when she remarried. he has remained with his step-father since his mother died last year. steve: meanwhile, president obama will meet with representatives of a dozen small and community banks at the white house today. they're going to be talking about the economy, getting lending moving again, and financial regulations. the meeting comes just a week after the president met with leaders of america's top banks. brian: we have new video of that snowball fight in washington, d.c. when a cop confronted a crowd. look at the spot shadow. the detective is son desk duty after drawing his weapon. washington, d.c.'s police chief says the act totally inappropriate it all startedded when a snowball fight broke out on a street during saturday's snowstorm. the off-duty detective drew his gun, confronted the crowd, pushing some people back. other uniformed officers were called in to calm things down. the other could face further discipline. steve: i think his hummer was hit by a snowball. that's why he got out of the vehicle. brian: got a short fuse. gretchen: a 93-year-old woman fights off a purse snatcher. corps neem i can't says the suspect was waiting for her when she got home. he tried to grab her purse but she was too strong. the strap broke and the thief lost his grip. >> i feel sure that he must have followed me from the grocery store because i walk with a cane. you know, i don't look very strong. i guess he thought, well, now's my chance. gretchen: she managed to outtug the purse snatcher but fell to the ground, scraping her arm and her hand. the suspect took off. police say they are working to find the man. way to go corps kneel i can't. steve: hang him up on the top floor of her house on the outside. gretchen: good idea. steve: what's that? brian: put up decorations. steve: this is what's going on on this tuesday before christmas. we've got some snowfalling in chicagoland back through portions of indiana at this hour. it's moving into the ohio valley where it's kind of a slippery go. at 34 minutes after the top. for the most part it is nice and dry across the eastern third of the united states and down south there are once again today some scattered showers all the way from washington and oregon down through today, through southern california. the current temperatures as you step out to go to school or as you go to work today, 20 in caribou, maine. we have 30 in cleveland. we have 40 in memphis. do i hear 50? it's actually warmer today in dallas than it is in tampa. for the most part temperatures are going to be a little on the chilly side to start things right down through the mid-atlantic. eventually later today raleigh almost 50. almost 60 in atlanta. 20's and 30's throughout the northeast in new england and the northern plains. and 60's all the way across much of texas, the gulf coast states and florida as well. chilly though in washington, d.c., brian. brian: and it was last night a frigid monday night outside the nation's capital. but football players like that stuff. the redskins took on the giants. they were the host. tom coughlin and the giants would get exactly what they needed, playing some of their best football since maybe september? ahmad bradshaw had two touchdowns. eli manning looked fantastic, threw for three more. the giants embarrassed washington 45-12. new york trails dallas and green bay by one game for a playoff spot. they have the tiebreakers against dallas. for the first time in history a race car driver has been named a.p.'s athlete of the year. the honor goes to jimmie johnson. why? because does he our show. johnson just won his fourth straight nascar cup title. no one's done that before. you may remember he talked about the big win on "fox & friends." >> i'm so excited and so proud of what we've done as a race team. my career has gone off in a direction i never thought it would, but i'm excited and enjoying it. all the hard work has paid off. brian: yes, i wouldn't be surprised if he mentioned us in his acceptance speech. roger federer finished second. usain bolt finished third. he's fast. congratulations to the wildcats. why? they've become the first college basketball team ever to reach 2,000 wins. the early wins were done in black and white. the wildcats reached the milestone with an 88-44 route of drexel. kentucky's all-time record is a whopping 2,000 wins, 634 losses, 35 losses. in the show after the show we'll show every one. by the way, they remain undefeated this year. as you think about it to yourself, what's coming up at 9:00 on the radio show, amongst our guests on "brian & the judge" joe trippy and bill crystal. joe trippy was in charge of howard dean's march to the presidency. steve: excellent. gretchen: you can ask him about howard dean not liking the health care reform. brian: exactly. gretchen: in the meantime, diane sawyer took over "world news tonight" last night on abc for charlie gibson. she kick it had off with an exclusive interview with the eye iranian leader mahmoud ahmadinejad. here's the thing. she presented to him a document that basically proves that iran has detailed plans to test this knew reason to initiate -- neutron initiator. what is this? it's apparently one of the final components needed for a nuclear bomb. here's what ahmadinejad had to say when posed with that question. >> may i try a yes or no question? >> to what question? >> will you say to the american people, tonight, that iran will never weaponnize nuclear materiel? >> we have got a saying in iran which says, how many times shall i repeat the same thing? you should say something only once. we have said once that we don't want nuclear bombs. we don't accept it. finished. steve: there's the interview she did with him in copenhagen. brian: they accuse us of american forgery. steve: regarding that document that she was going, well, mr. president,tive right here. oh, come on, the americans are good at making stuff up. brian: they asked good questions. do you think -- he asked diane sawyer, do you think barack obama should have gotten the nobel peace prize? what's with this carrot and stick thing? why sanction? pull the stick. gretchen: the interesting thing is when you see an interview like that with ahmadinejad, you might wonder whether or not it's a good idea to sit down with him and negotiate anything because how can you negotiate with a nut? you just can't. everything he says is pretty much false. i don't know how you can negotiate with someone who's that ridiculous. steve: i wonder if somebody in iran will get the website mypresidentisanut like the one in florida. so diane sawyer kicked off. she was not, obviously, the first woman to helm an evening newscast because katie couric had that honor. brian: didn't barbara walters cohost, too, and connie chung? co-anchor? steve: exactly. the reviews pretty good this morning. it's interesting how many people actually still watch those 22 minutes of the evening newscasts on the broadcast networks. not so many. brian: here's the thing. it's not going to be quirky and personality driven like "good morning america." it's going to be more serious. only a certain amount of time, did you notice, on the death of that starlet where "good morning america" might make a big deal of it. gretchen: by the way, it's her 64th birthday. let me just say, she looks fabulous. happy birthday, diane sawyer. brian: absolutely. steve: a u.s. army commander in iraq who prohibited pregnant soldiers from his rank is backtracking. we'll tell what you he's saying today. gretchen: and congress is still waiting to see congressman charlie rangel's tax returns. it's only been 15 months since they launched an investigation. we'll talk to a congressman who's leading a new charge now to rangle the democrat. brian: he's a texan that's not giving up. who said this? e-mail us with the right answer and you could win some fox goodies. bass pro sho of great last minute gift ideas like redhead printed knit shirts for only $14.94. and redhead chamois shirts for just $19.94. and there's still time to get your gifts by christmas at basspro.com with our free shipping upgrade through december 23rd. steve: the u.s. commander in charge of the troops in iraq is defending his decision to prohibit pregnancy in the ranks. the major general says female soldiers are invaluable, especially since many hold high impact jobs. the new order is a punishable offense meant to prevent losing soldiers at a time when troops are stretched thinly. so far four soldiers have become pregnant since he took command. meanwhile, note that texting and driving is a dangerous combination. but now there are some cold, hard facts. researchers at the university of utah say text messaging drivers are six times more likely to get into an accident. they say texting and driving is even more dangerous than talking on a cell phone when behind the wheel. researchers study drivers between the ages of 19 eighth 23. brian? brian: i won't do it. you scared me straight. show me your tax returns. that's one one law makers is asking chairman charlie rangel to do and has been asking for a while. an ethics panel opened a probe about a year ago about his failure to recover the and pay taxes on his income. but still nothing. and there's more discretions, indiscretions i should add. now texas congressman john carter wants to know what the hold up is all about. he joins us right now from austin. congressman, it's not just the tax returns. you're talking about $500,000 unreported assets, a house opened up investigation into trips to the caribbean, about four rent stabilized apartments in new york that eliseed and no one knew -- that he leased and no one knew about. where is this investigation at? >> ghaiz question. that's a good question. that's kind of the $64,000 question. where is it at? we've heard a lot of people have been subpoenaed, depositioned taken, an unprecedented release by the ethics committee about the work that's been done. but it's ongoing and it's about a year and a half now since this all started. and the real issue is, lay everything out on the table and show us what's happened here. this is important. brian: obviously you've been fighting the fight to find out if the man who's writing our tax rules and regulations is in fact, clean. nothing's happening. what could stop the stalemate? would it only be the speaker? >> we have to keep raising the issue. we can do a resolution askin to resign as the chairman until this i shall jew resolved. the real issue is has he been treated differently than the average tax payer? he didn't pay taxes for over 10 years and yet no penalties and interests were assessed. i had a call from a young man here in texas who owed taxes for three different years and it was $1,100 worth of taxes and his penalties and interests were $15,000. now, that's not fair. mr. rangel shouldn't be treated differently from that young laboring boy. brian: have you had a chance to talk to him face-to-face? he knows your quest. he knows you just want to have a chance to look under the hood. so far he has said i get called on this investigation to begin with. so what does he say when you see him and talk to him? >> he doesn't visit with me anymore. does he speak to me and i speak to him. i have no animosity against mr. rangel. other than i don't think that anyone should be treated unfairly by our tax code. and if he gets one privilege, then we all ought to get that privilege. brian: right now he's not only doing that he's cracking down. his proposal was to crack down on the tax cheats and tbling additional -- bring in additional revenue. in the big picture, here in new york he's being challenged locally. would it be an opponent on the democratic side that might demand that congressman rangel, who's been -- who's had this position for decades step aside or come clean? >> well, i expect him to have an opponent on the republican side and on the democratic side. and i think that those issues are issues that would be at issue in a campaign. he ought to have to answer to those questions. brian: and the speaker of the house is so far standing firm. congressman, did you say with the shooting at forthood and with the health care debate it's been a distraction but this is now front and center. it will be curious to see what happens after the holidays. thanks so much. >> you bet. thank you. brian: straight ahead, check out these amazing pictures from 4,000 feet below the ocean. up next, the lead scientist who discovered it. then, the atheists are at it again. this morning you'll hear how the group is defending these ads. you don't want to miss this. . gretchen: well, there have been a lot of interesting responses to this question. who said this quote of the day? the answer, sarah jessica parker talking about miley cyrus who has a small cameo in the sex in the city sequel. the winner ken smith in pennsylvania. thanks for all funny entries, though. brian: we will share them in the show after the show. steve: scientists discovered the deepest erupting volcano by using remotely controlled underwater robot gizmo. the volcano erupting nearly 4,000 feet bloat surface of the pacific ocean. look at that. brian: that's what i'm doing. the chief scientist of that mission and chemical oceanologiography joins from us seattle to tell us all about it. what did you think you would find when you sent the robot down and what did you find somebody in. >> well, we were hoping beyond hope that we would see an eruption. for 25 years we have been searching for eruptions. ever since we knew that most of our sea floor was made from volcanic processes. 70% of the earth covered in lava, basically and we had never seen it before. we were hoping beyond hope this is what we would see. gretchen: the amazing thing, joe is 80% of eruppive activity takes place in the ocean? >> it does, indeed. in fact, like i said, the sea floor is made almost entirely of volcanic rock. so, you have to have a lot of volume cannism going on for a long time to make this happen. should be as plain as the nose on our face but like i said we hadn't seen it yet. steve: it is so amazingly cool. as we look at some of these pictures and we ran them a couple of days as well, there looks like there is fire under water. how is that fep no,phenomenon possible? >> that's a good question and perhaps an open debate. i don't know that everyone would agree that we are seeing fire. certainly seeing glowing gases and certainly seeing monthly ten red rock and potentially there is hydrogen being formed when water and hydrogen interact. that can react to make a burst, maybe a small flame. i'm not going to -- i won't rest my career on it. brian: fiji, tonga, and is a mow i can'ts around the regions where you found. this what does this do for us on land? >> it allows us to get a better understand of basically fundamentally how earth is formed to begin with. but it also allows us to understand how microbes and other things can exist in these extreme environments and also allows us to see the gases coming out of the volcano. there is a lot of volcanoes on land quite damaging. by looking at these volcanoes under water where have you water pressure. 4,000 feet deep in the ocean there is a lot of pressure down there. we can get very close to erupting volcano and see this happening sort of in realtime. gretchen: maybe some of us smart in other areas but not volcano science, the first thing that comes to mind to me is when some kind of eruption happens with all the gases and the fumes how does the water in the ocean stay so clean? >> the ocean is a very very big place and also very deep. it's on average two or three miles deep and so we don't see it so the area around the volcano is quite dusty and dirty. it only goes for tens of kilometers at a time before the dust and dirt fall to the sea floor. brian: if you send your robot into a volcano i think you need a any giantor. steve: joe from washington who wanted to talk about this so much he got up -- it is 3:56 out in seattle right now where joe is. brian: very impressive, joe. i better do one thing for my boss this was funded by noah and the national science foundation. steve: great point. gretchen: that's like saying hi mom. you got that in there. thank you very much, joe. steve: straight ahead on this tuesday, does the government have the right to dig up your dead loved ones so it can build a runway? it is happening and families are devastated. hear from them. we will tell you where. gretchen: some new atheist ads are raising the temperature of those who believe in god, like 80% of america. the woman behind the billboards tries to explain herself at the top of the hour. it's not seasons greetings. it's heathen's greetings. i heard about him from all the other girls. we were working at the same company. and she was something else. announcer: take care of each other, and your health. with nature made cholestoff. cholestoff helps lower ldl cholesterol, the bad kind, naturally, by using the same types of phytonutrients found in nuts, grains, fruits, and vegetables. he makes me laugh. he still does, but it's nice. announcer: learn how to lower your cholesterol, naturally, at cholestoff.com. nature made. fuel your greatness. gretchen: good morning, everyone. check your calendars, it's tuesday, december 22nd, 2009. we start with a fox news alert. in about 15 minutes, the senate take as critical vote on health care reform. a live picture right now as they get ready to do that. getting closer to the president's desk. one republican senator is now calling for an investigation into how this deal went down. it's getting dicey. brian: all right. would you want your dead relative dug up from the grave to make room for a new airport runway? that's what could happen to one city but the families of the dead are fighting back because they're alive. steve? steve: great. meanwhile, heathen's greetings, just one of the ads put up by atheists sparking outrage. but the group is saying hey, we don't mean to offend you. their story coming up. meanwhile, our slogan this hour comes from pete in new york. "fox & friends," i must boast, goes perfectly with my coffee and toast. um-huh good. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- brian: when was jane extra -- on? gretchen: about a year and a half ago. steve: you sat with her. i can produce an image. brian: did i like her? was i impressed with her interview? gretchen: i'm sure that you were. while you are remembering that interview i'm going to do a fox news alert because this morning out of washington health care reform, that bill is facing two pivotal votes in the senate this week. steve: that's right, gretchen. senate will vote on several amendments including the abortion compromise. the first vote happening in a couple of minutes. wendell goler is live at the white house where i'm sure they are delighted that the health care bill is moving through congress. >> slowly but moving there, steve. as gretchen said the senate in early this morning after working late last night. today is the second of 60 procedural ballots third tomorrow and the final vote, pardon me, on christmas eve. if republicans take all their available time to protest the bill which they say they will. the measure extends health insurance to 30 million uninsured americans. it all bans lifetime benefit limits and denial of insurance based on preexisting conditions. president obama cheered it yesterday. >> many people recall the enormous fights around the patients bill of rights that never got done. well, you know what? the patients bill of rights is imbedded in this health care bill and makes sure that all americans who have insurance right now are getting a fair deal from their insurance companies. >> some other things embedded in the bill include $100 million in medicaid expansion funding for nebraska to get senator ben nelson's vote. money tox settlement florida seniors from medicare advantage medicare votes to get senator bill nelson's votes. $100 million in a hospital connecticut. 600 million in vermont medicaid. louisiana medicaid funding for senators dodd, leahy and landrieu. senate majority leader harry reid unapologetic about the concessions in the health care bill he said quote i don't know if there is a senator that doesn't have something in this bill that was important to them. and if they don't, it doesn't speak well for them. back to you guys. steve: all right. wendell goler there at the white house today. brian: why is senator lieberman are having such a hard time i'm not going to sign it if it doesn't have public option in it or opt in early. when it comes to senator nelson not much backlash but in nebraska a different story. gretchen: the governor there apparently is not in the favor of the way ben nelson voted on this. he is going to be joining us in the next hour. here is the thing. the governor or the senator nelson wrote a letter to the governor, dave highman, here is what he said i share your concern with the majority leader. in response to the majority leader added provision to the amendment to the health care reform bill that exempts nebraska for paying the funds within hours of it being filed he objected as a result i'm prepared to ask that this provision be removed from the amendment in conference if it is your desire. so, basically, the governor did not want his state to be responsible for huge payments with regard to health care reform. brian: medicaid. steve: sunday night governor lineman got a letter. -- then on monday the governor wrote quote it sim pairive that every state is treated fairly or equally or all special deals must be removed from the bill. he is saying look, we are here in nebraska but shouldn't everybody be getting this? keep in mind, the senator is a democrat. the governor is a republican. if the governor were a democrat, would he be saying hey, we all have to get the same deal? brian: and that's true. they look to senator ben nelson, even though it seems to be good for nebraska and maybe an unequal situation when it comes to the country, how could the federal government afford to pay every state's medicaid bill. that is a state bill. steve: unfunded mandate. the federal government is saying look, we're going to do this in the future and states will have to come up with all that cash. why should you be able to cherry pick one state out, give them that sweetheart deal, essentially a bribe, to get a vote? brian: they started this web site give the boot to ben.com to collect money to retire nelson. gretchen: the g.o.p. did. steve: or the boot industry. brian: that's true, too. is he pro-boot. in south carolina senator lindsey graham is outranged by the deal-making to the point he wants his state attorney general to look at the compromising. he henry mcmaster to how ben nelson was able to spare his state higher medicaid cost and find out if those perks are, indeed, constitutional and find out if they can be rescinded. gretchen: why do you need an investigation. you would have to be investigating all politicians for a lifetime for these types of bribes. i'm not saying that they shouldn't look into it and i agree with paying off politicians so they vote a certain way. on its face, can you believe that can actually happen in washington, d.c.? that's illegal in the rest of the world. bribery is illegal. you go to jail for bribery. the idea that politicians have been able to get away with this for decades. i like the fact that lindsey graham wants to launch an investigation, my goodness, they will have to launch thousands of investigations on capitol hill. steve: harry reid, responding to that question, said it's all part of the negotiation. besides, they don't call them -- gretchen, it is not a bribe. it is a sweetner. that's what they call it. it is a sweetner to get you to go along with the vote. gretchen: this is why people come out to tea parties. because they are fed up with the way that washington has been running for years and years. brian: senator dodd a hospital. mae landrieu. and elective surgery eliminated. everybody got something. gretchen: i have a little bribery in my coffee. verdict is expected today in an appeal why rudy guede he is serving 30 years. he was in the house the night kerscher denied but denies responsibility. amanda knox and her exboyfriend has also been convicted in the killing. rifqa bary in court today. ohio teen who ran to florida after claiming her family would kill her from conning from islam to christianity. right now living with a foster family in ohio. but a judge is going to decide if the 17-year-old must go home to her parents. bary says her muslim father threatened her life when she revealed that she wanted to become a christian. her father maintains that he would never hurt his daughter. the army is allegedly preventing the fort hood shooting suspect from praying in arabic. and that has major nidal hasan's lawyer ticked off. it's a violation of his violent's civil and religious rights. the army recently stopped hasan from reading the koran with his brother over the phone in his hospital room. the military says it banned hasan from speaking arabic unless a translater is present for security reasons. and a very happy ending for two kids and their dogs stranded in the foot hills of los angeles. search and rescue teams had to use a helicopter to get an 8-year-old girl and 12-year-old girl to safety. the kids were playing with german shepherd rocksy and then got lost and they got stuck in the canyon. luckily they did have a cell phone. they were able to call 911. and they were recovered and not hurt. well, take a look at this real life scrooge. store surveillance video captures a man stealing donations from a toys for tots jar in missouri. you can see him right here. grabbing the jar. when the clerk turns his back, cops, they did catch the guy. but toys for tots officials say they are not sure all the money can be recovered. those are your headlines. brian: toys for tots very down. everywhere across the country they still need toys. grab a hundred and drop them off. steve: that would be nice. out in las vegas, this guy had raised some money and he put up some ads that some found disturbing. one said yes, virginia, there is no god. and it had santa on it. clear channel which put up the billboards had so many complaints. they took that down. but now they still do have up by this atheist a sign that says reasons greetings and heathen's greetings as well. and they are from a guy by the name of richard her manson. he says the signs are meant to make people question not cause offense. gretchen: they always come out during christmas season, don't they? you never see the atheist groups come out in july. the billboards are up in new york city subways and now they're all across the country. everyone has free speech but the timing of you have to scratch your head and won d. steve: brilliant timing because they end up with all this free publicity. gretchen: i guess. so the person trying to defend this claim on o'reilly last night with laura ingraham. it was an interesting give and take. check it out. >> it's meant to say something true, that there isn't a god and there are many americans, 30 million americans who do not believe in a god. and we're here in december, too. and heathen's greetings is one of our other billboards and reasons greetings and i think it's fun. laura: reasons greetings? >> reasons greetings. reason is always in season. and the real reason for the season is the winter solstice. you can certainly say that the god of the bible cannot be proved to be true. if there is no proof for something, we should not believe it and more people have been killed in the name of religion for something that cannot be proved than for any other reason. and i think that many people might be pleased to know there is no god. there is no person watching over you ready to send you to hell. gretchen: fox news alert. there is no god. i mean the whole idea. brian: maybe we will be pleased to know. gretchen: the whole idea of christianity or any other religion is faith. the idea that you can't prove that there is a god, that's the whole point of religion. brian: i have faith that i have done all my shopping. i have a belief that i have covered everybody. steve: really? brian: suddenly sometimes my faith is -- reality sneaks in and realize i need a last-minute gift. i need a last-minute idea. i didn't shop for anyone and time is ticking. steve: you need last-minute ideas right now? gretchen: this is mine. we have been in a recession and always good to teach your kids how to save money. not just spend it, right? so, this is a great new idea of a princess piggy bank. there is three slots. a princess loves to save so you put it in that, a princess loves to spend wisely and you put it in that section. a princess loves to share. so it teaches philanthropy. and you can get this at a princess loves to save.com or go to our web site. a good way to teach our kids, girls or boys but specifically girls in this case how to save, spend. brian: giving way too much to charity. how about putting something for us or putting on the other side. gretchen: go to share first? steve: be able to tell whether or not you are putting more in the i'm going to spend money slot or i'm going to save the money. brian: what's your idea? steve: something my life is going to do today, we are big believers in sending food. and you can send -- have you heard of wine of the month club. did you know there is also a cheese of the month? there is a bunch of cheese of the month clubs my favorite and pricey is bacon of the month club. not only did they send out delicious bacon once a month but you get, for your wallet, a membership card that says i'm a member of the bacon of the month club. brian: get into clubs. that's what they will look for. steve: what do you do? gretchen: i'm nervous. brian: what i do is i give people 20 bucks to go buy something on their own. i don't want to say hey go to sports twhort a gift card. here is 20. go to 7/11. gretchen: i got an idea. go buy some coffee for us. brian: ok, fine. steve: that's the last we saw of him. gretchen: unusual advice from a priest. you won't believe what this priest said. he said if you are broke, it's ok to steal. steve: to shoplift. that's right. brian: it is your 20. steve: it is. i was wondering about that fight deadly diseases like breast cancer? a three time survivor says yes. she will share her story coming up next. steve: the senate bill isn't a starter it's a stinker. the bill is down right dangerous. the publisher james hamsher joins us from washington, d.c. good morning to you, jane. >> good morning. you have got on your web site right now a petition that people can sign to kill the senate bill. do you really think that is possible at this late date? >> i hope that it is. i hope that people reach out to their senators and say, look, this is not in our interest to pass this bill. if you have got insurance right now through your employer that you like this bill taxes the middle class benefit and causes it to actually be worse to. cut back on benefits and to be more expensive co-pays. that's how they bend the cost curve is by making sure that you use less services. and i don't think that's what people want. steve: sure. now, you, as a cancer survivor, you have examined this personally for a very long time. one of the sicious a lot of drugs out there are very expensive. one way that they could have brought down the cost was for us to have the opportunity to bring in drugs to import drugs from canada and stuff like that because they pay a fraction of what we do. >> absolutely. if they had passed.org began's drug importation bill it would have saved $100 billion for consumers over the next 10 years and $19 billion for the government. but, unfortunately, senator dorgan had the votes to pass his amendment but harry reid kept the vote from coming to the floor for seven days until pharma could actually whip enough republican votes to make sure it didn't pass. this was something done by both parties together. they made sure this didn't happen. you know, dick durbin against and lieberman votes against. we have three parties to blame if you are going to have to pay more expensive drug prices. steve: a moment ago we were talking about how -- i mean up on capitol hill they call them sweeteners but really they are bribes to get legislators to cast their vote in favor of whatever the majority -- you know, whatever the leader wants to do. how do you feel about that? >> i don't feel good. you know, in 2000, the republicans passed, you know, medicare part d. and it had no negotiation for prescription drug prices. and then in 2006, when the democrats took over congress, the first thing they did was pass a bill saying hey, we're going to roll that back. we're going to allow for prescription drug prices to be passed. and now that they actually have the chance, they are not doing it you have got people like jeff sessions on the floor of the senate saying this is criminal. this deal is criminal. he didn't vote for it in 2000 or 2006 when he had the chance. so, we're sort of looking at a situation where people on the right, people on the left are looking at the cincinnati -- senate and they are saying no one is there representing us. nobody is representing the people. who is in power and taking pharma's money. steve: jane hamsher from tennessee. if you would like to sign her petition go to our web site foxandfriends.com. thank you. >> thank you. steve: cops hear lots of excuses when they pull somebody over for drunk driving. but they may not have heard this one before, i'm too fat to take a sobriety test. yep, that defense has been used. we'll tell you whether or not it was effective. and when you bury your loved ones, you expect them to be able to rest in peace forever. but at one cemetery but now the dead could be dug up to make way for a new airport runway. families are outraged. we're going to talk to two of them coming up next. brian: news by the numbers now. first, 0.5%. that's how much the markets have fallen on average each year this decade. unless there is some huge rally the next couple of days, it could be the worst decade for stocks on record. next, 43, that's the number of years roy holp has worked without missing one day. he works for a truck rental company and at 70 years old he hasn't started thinking about retirement. finally 4200. that's how much chip and dale dancer jeffrey paid online action to stay in the house from a christmas story. the money will help the cleveland scholarship. steve: with no shirt on. gretchen: huh? brian: fantastic: gretch? gretchen: hundreds of families recently learning that they have to uproot the graves of their loved ones and move them to another cemetery to make room for airport runway. mike and bill both have family members buried in the cemetery. good morning to both of you, gentlemen. >> good morning. gretchen: mr. sell, i know this has been an 8-year battle. apparently you found out that long ago that o'hare airport needed to get bigger and that they potentially were going to be moving the cemetery where you have relatives. right? >> that is correct. it's actually my family going back for generations to 1849 when the church was founded. the church religious cemetery where literally four generations generations. gretchen: i think unfortunately we just lost the satellite as mr. sell was just trying to tell the story. he has had relatives buried at this cemetery just near chicago's o'hare airport. can you see from that photo there the planes landing very close by and apparently now the city of chicago wants to take this land away to expand the airport, to build another runway. and many of these family members, as you might understand, are very upset with the prospect of having to dig up the graves of their loved ones and move them and so they are fighting this eminent domain case. let's listen to what the chicago o'hare's statement is they say this: we're trying to effort getting our guests back here because this is a very important and emotional story so stand by as we attempt to do that in the meantime, moments from now the american father fights to get his son back from brazil. we have a live update for you. then, thou shalt not steal, right snsm isn't that one of the commandments? why is a priest telling his parishioners don't worry about that one. it's ok now? we will tell you. gretchen: we had a bit of a satellite issue a few moments ago but luckily we are back now with bob sells and reverend michael kirkoff they are being told uproot their family members from a cemetery near chicago's o'hare airport. you were cut off. had you family members at the cemetery since the 1800s, correct? >> that is correct it goes back to the founding of the church in 1849. for us, obviously, the folks buried at the cemetery are our families and the notion that the city of chicago would decide construct a runway directly through the church cemetery is absolutely astounding to us. gretchen: reverend, is there another place. >> yes. gretchen: where the airport could expand their runways? are they just choosing -- do they have other locations and the cemetery happens to be the easiest one for them? do you know? >> i would say the cemetery is the easiest one in the early stages of our struggle with chicago over this eminent domain issue, there were some alternatives that, as i understand, were out there but were not really explored. the city of chicago saying that this was the only alternative that was viable to them. and certainly not viable to all those thousands of dissend dents of those that are buried. gretchen: i can't imagine how. >> and the other thing. gretchen: go ahead, bob. >> the other thing i would say to that is we had made suggestions to the city regarding literally the shifting of the runway by about 300 yards that would allow the city to proceed with its plan. we had also suggested to the city similar to what was done at an airport down in atlanta to avoid an impact on two cemeteries there, that they simply make a runway a bit shorter to avoid an impact on the cemetery. neither of those suggestions were acceptable to the city for some reason. gretchen: earlier i read the statement from the chicago department of aviation. they claim that they have come up with a cemetery relocation plan but we're talking about 900 graves. that they would have to move. reverend, tell me, if you can the emotional aspect of this story about uprooting your loved ones and moving them to another location. >> well, for me, i have two families there. i have migrate grandparents and migrate, great grandparents that came over and settled in this area. founding members of the church. certainly upsetting to my family. but, in my hundreds of discussions with dissen dents, they have the same concerns. the same concerns not only about just the uprooting and moving of their families but also the concerns about the impact of this eminent domain issue that chicago is fighting to do upon their religious freedoms. the burial of our loved ones. and that final resting place. is a part of our religious faith and exercise of that faith. so, on a much higher constitutional level, we have great concerns at that level as well. gretchen: all right. well, it's a very interesting story. i'm so glad that we could get our satellite back so that you could share your thoughts with us this morning. bob sell and reverend michael kirkoff, merry christmas to you. >> merry christmas to you. thank you. steve: this is a fox news alert. the u.s. senate has just begun a series of procedural votes on health care reform. right now they are voting on the abortion compromise. they tried to compromise the language than what it was a week ago. later this morning democrats will try to get 60 senators on board again to invoke cloture on the bill. they hope to send the measure to the president's desk by christmas eve but both sides not entirely happy with the end result and even some who are voting for it say they could change their vote if the bill changes when merged with the house bill. >> my own sense of the senate is the same as that expressed in the last few days by senators conrad and nelson and others. if significant changes are made to the senate bill in conference it, will be difficult to hold the 60 votes we now have. i have two priorities that will matter a lot to me. the first is to continue and maintain the health care reforms that will improve the cost effectiveness of our healthcare system and help reduce the national debt. second, i hope there will be no attempt to reinsert a so-called public option in any form in the conference report. that would mean that i would not be able to support the report and i want to support it. brian: that means no trigger, no buy-in early. no a flat-out public option. and that was all in the house. so the public option in the house not in the senate. if the house tries to get its way lieberman and they say about 12 other moderates are out of this deal. steve: but the key is for these thrort votes they need 60 votes to avoid the super majority or to have the super diswrort and avoid a filibuster. ultimately once they get passed these amendments all they need are 51 votes. because that's -- the big vote was a couple of nights ago and the democrats are confident that it is full steam ahead. gretchen: i think people in society are getting fed up with this whole sweetner, bribery thing that you call it that you can have your politician bought out. whatever what happened to the representation of the people. the people overwhelmingly do not want some aspects of health care reform. but it appears that the politicians will do whatever it takes, depending on how much they are bribed. and coming up on the show, we will have lindsey graham who now wants an investigation into the bribery, the sweetner deal that took place with senator ben nelson. tea parties are emblematic of the american public being upset. brian: spitting in the wind going to vote 7:00 on christmas eve. they are going to get it done. they are not going to undue doo it because of senator nelson. steve: they have been doing them forever it's just now you have got fox news channel and other sources actually taking new there and telling you what's going on. that's why people are going wait a minute, they are doing, what what. brian: now i feel a special responsibility to share the rest of the news with you and america. people in illinois getting a chance to voice their opinions today on whether gitmo detainees should be shipped to america's heartland. a public hearing is scheduled for this afternoon. supporters say the move will bring badly needed jobs to the area. opponents say it poses a safety risk for residents and gives terrorist rights they do not deserve. gretchen. gretchen: moments ago, brian, fox news learned a decision in the case of that american father trying to get his son back from brazil could be postponed now for one more day. this according to the attorney for the child's stepdad in brazil. joining us now is fox news david lee miller. all right. david. a lot of people focusing in on this case hoping that this father might actually be reunited with his son. >> that's right, gretchen. we were expecting some resolution today but it appears right now that the matter could be delayed for, yet, another 24 hours. this, though, is not yet certain. it is not yet official. we do know now that for the second day in the row chief justice of brazil supreme court could have ended tug of war over 9-year-old sean goldman. why the judge has not reached a decision yet we do not know. the court has not indicated what is going on behind the scenes. we do know that the wait has been ago gone mizing for agonizing for sean's father who is hopeful he and his son will be reunited. a court awarded custody to his father. that was stayed by the supreme court. sean was abducted five years ago when his mother took him to brazil for what was supposed to be a 2 week vacation andz never returned. after divorcing sean's fire she remarried and died in child childbirth. is he being raised by a stepfather and other relatives in brazil who have essentially cut off all ties with his father. all of that might change this week possibly today if and when the chief justice rules. can i tell you that even a favorable decision for david goldman won't necessarily end this case. an attorney for sean's brazilian relatives have now vowed to file an appeal if they lose. even if sean does return to his home in new jersey, it is possible the case could then drag on in the u.s. court system where experts say the matter should have been litigated in the first place. another possible outcome is that the chief justice today, tomorrow, and the next few days could decide that this matter must be heard by the entire brazilian supreme court and that means, yet, another significant delay. that court is now on winter recess. it will not return to the bench for six more weeks. so it appears the judicial system in brazil is moving at glacier like speed. steve: florida democratic congressman alan grayson has made unforgettable comments over the last few months including this one. >> if you get sick, america. the republican health care plan is this. die quickly. that's right. the republicans want you to die quickly. steve: he is from frorld. one florida voter is fed up and fighting back. angie langley has started an organization to raise funtdz funds grayson. she has a web site called my congressman is nuts.com. langley told us earlier on "fox & friends." >> i was born and raised in this district. i'm from orlando. i'm actually second generation orlando. and i am embarrassed to be represented in washington by congressman grayson. and several of my friends are. so we decided to start an organization and launch a web site to expose him for what he is. steve: now, congressman grayson wants the attorney general of the united states eric holding to investigate that woman and investigate her site. he claims that langley doesn't even live in his district. brian: a gift for u.s. troops in afghanistan new spy planes. the 24 aircraft's will arrive by christmas. officials say the plane also help troops in their fight against terrorism. the planes can send images and video directly to the ground troops. defense secretary robert gates has called for more aircraft to collect intelligence but not to shoot at soldiers because they don't want to get any of the casualties, friendly fire casualties what they were saying from the afghanistan people. meanwhile, at 20 minutes before the top of the hour, let's talk about three quick stories that caught our eye in the news. steve: you mean ripped from the headlines? brian: that's exactly what i mean. steve: a 11-year-old boy at cosco in sacramento, california and somehow the kid accidentally locked himself in a gun safe. and obviously the officials there at cosco were worried that there wouldn't be oxygen so they tried to open it up but apparently the battery was dead on the lock or something like that. they called the paramedics they were there four minutes they were about to drill a hole in it somehow for some reason it popped open. the boy is say. i got a feeling he is not going to do that again. gretchen: safe from out of the safe. how about this one? earlier on the show we had a debate about whether or not obese people will now not have to do those walk sorts of things when somebody suspects that you have been driving drunk. steve: sobriety tests. gretchen: apparently eight indicators. one of them is stand on one leg for 30 seconds and not be imbalanced during that process. obese people saying one man in new hampshire who actually got off from this saying that he was too fat to be able to do that particular kind of test. so will this be the wave of the future? that they will have to come up with a new way to try to indicate whether or not you are drunk. brian: cops say we don't look at how you walk on the line. we look at other things. for example, do you start walking the line before they are done giving direction? that is a sign. do you actually stop walking to regain your balance or do you try to walk through your imbalance motion. they also say do you walk heel-to-toe so cops say if you are even a little off balance we are looking at other things. madd doesn't buy it they say it's fiction. steve: finally an anglican priest who says look there are a lot of people hungry out there who are desperate for cash. it is much better than prostitution or robbery so if you are desperate, it is ok to shoplift food so you do not starve. don't do it from small stores do it from big multi national stores because they won't feel it as much. gretchen: isn't that one the commandments thou shalt not steal? for a priest to say that. brian: anglicans have an element in that just go at 9? steve: you know what? you have got reali got to follow the law. brian: straight ahead, he was dealt a rotten hand on september 11th. is he here next live to explain his big win. steve: say it ain't so. simon cowell calling it quits? turns out brian may have gotten this scoop months ago. brian: i'm ahead of my time. brian: on september 11th, he was dealt a bad hand after helping to rush at ground zero sergeant was knocked off his feet and seriously injured by the collapse of the south tower. gretchen: now five years after retiring mike's hand is much improved. in fact, the former detective is coming up all aces. he just won a million bucks in the poker game show poker stars.net challenge. and mike is here with us. congratulations. >> oh, thank you very much. gretchen: my goodness. speaking of how life can change. you were down at the towers in 9/11. you were injured. >> yeah. gretchen: you watched fellow friends, officers die. >> a lot of people, yeah. it was -- it's a tough thing to speak about. it brings back some bad memories. gretchen: sorry. >> but it was a lot of people, good people down there. you know, there was a very tragic day. one of the worst in our history in america. and when you think about me surviving that day, you know, making the right decisions. we saw the plane come over the precinct in two minutes. once we got to the location it was every kind of possible thing that could happen did happen. you saw a lot of bad but, you know, a lot of people don't realize the responders, the police, the fire department, all the emergency medical, you know, what true heroes were down there, good men. anyone down there would have done the same thing that i did. i mean, yeah, i was trapped with a bunch of people, i came -- you know, the world financial center save my life running in there with another person. we were trapped in there. we got out of there. about a half an hour. you know, when you came out, you couldn't believe -- you couldn't even see 2 feet in front of your face. it was a tough thing. i mean, we got people out and just kept on going that day and -- gretchen: you eventually had to retire from your injuries. but then you got into poker. >> yeah. poker. you know, my wife saw me. i was pretty -- the injuries i got really made me like complacent, lethargic sitting at home. brian: neck and back. >> herniated disk, leg injury. i was sitting around, doing nothing. playing on a computer. i tried a couple of sites of poker. and, like i said to you before, we went down to atlantic city and i tournament first place one time and we went to see tony bennett. so that was a gift for my wife. i said, you know, i started to get interested. we came back i started playing 2005, 2006, and the computer game actually helped me more and became a better player. brian: you end up better player at least the best for this day wishing $1 million beating a poker champion in texas hold 'em. you won. >> it's like ground hog day you know it happened but did it really happen? that's what you are thinking, you know. the win was so tremendous. i don't know what the odds were against me and i know they were tough. it was like surviving that day 9/11 and playing this game and getting lucky enough to win and beat this guy who was really truly a gentleman. i have got to tell you something, everybody often that staff was great. gretchen: a fabulous story, mike. not a better time to tell it than during the christmas season. >> oh yes, merry christmas to everybody. i'm serious. gretchen: i hope you use that money wisely. brian: get a good tax guy. i want you to keep a lot of it. >> that's the whole idea. brian: mike, congratulations and good luck has come your way. thanks, mike. >> thank you. brian: president's health care bill is on a fast track through congress. recent poll show most americans oppose it how county president gain the trust for the measure people? prescription for truth is coming your way. gretchen: what could have killed actress brittany murphy at such a young age? some say it could have been an eating disorder. we are going to a former miss america who can offer some insight. . . . . ç ç steve: according to a nww rasmussen2poll, most americans oppose president obama's health care overhaul, so will congress çbe able to gain the reachç tt of the public? will they be able to regain the çtrust of the american public? ç>> that has been a question fr the last century. çççç clearly, theres&r be an effective based on the polls in the 2010 election, when there is also concern the republican partyç not walk away from the çissue. çamericans of allç stripes are looking for everyone to go to the finish line to challenge end he right thing for the american people. if they do not, both parties will suffer and the congress'ç reputation for the nex( decade will be impacted in a way that we have not seen in the country. steve: the other thing is,ç wih thisç bribery going on in congress, here is $500 million for nebraska -- ç>> i would like to hear what senator gramm says from north carolina. çis it a democratic process? çequal protection for all? çor is it the federal governmet in solid-waste starting to pick up the tab? çç [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- gretchen: goodçó morning, everyoj happy birthday, mama. this is a fox news alert. you are lookingç at was$ngton, d.c. or the senate is casting a key vote on health care. çsteve: heç says he just doest care. president ahmadinejad thumbing his nose at president obama, to find about his atomicç program. what else did he say about that a respectable lady right there diane sawyer? çbrian:ç and my exclusive scop with simon cowell. ççççsteve: welcome aboard, 3 we are happyç that you are spending some time with us. gretchen: this is a fox news alert. the senate is already at work, unusuallyç early, voting on health care reform. already they have approved an amendment that would drop from a-run insuranceç plansç. wendell goler is at the white house to explain. you are up early. çç>> and they are up a lot ear than there used to. senate rules require 30 hours between certainç votes,ç and republicans, in this case, are demanding it, so final measures will not happen until christmas eve. çç we hope that this billç çthe bill will extend health insurance to millions of americans who do not have been announced and will require them toç purchase subsidiesç to hep low income people afford it. tax breaks for businesses and exchanges for the self-employed. çmeasuresç include the million medicare subsidies to win the vote to come whimpering senators. ççi know that is something tht lindsey graham will be talking about shortly. çsteve: wendel&ç goler, thank . doing a nice plug for our program. always a nice time to have you on the north lawn. ççbrian: joe lieberman is at t again and is making sure that everyone knows the reason he stood up against the public çoption wasç because he did nt want that in the bill. that is the reason he held out. if the house tries toç change e senate version, heç is out. steve: we cannot blame him. if youç cannot stand byç him n it is time to vote -- keep in mind, there are a lot of people on the houseç side word about e public option. çthere are all these competing interests who are going to put all of these things intoç this greatç casserole of stuff, but unless it is stripped down, people like him say that they will not vote forç it. çgretchen: you believe that? there were moderate democrats who said thñc13 who said that they would not support it in itsç current sta, but they wentç ahead and voted for it. i wonder if this is just a political ploy where they say, i ?eárq(y that it isç changed, ai am hamstrung. i wonder if they will not vote for it? çbrian:ç remember the old romn movies? they would take big trees and try to knockç down doors. çjoe lieberman was that tree. take the better for us because we cannotç do it and expect toe çreelected. steve: if there is a public option,ç he will not support i. çgretchen: don't çthey only nd 52ç votes the second time arou? steve: if you vote one way one day, and thenç another the next çday, suddenly your opponent in the campaign -- gretchen: [laughter] thatç is called beiígda politician. brian: bart cpac stood up of the and said that they wanted some changes. ççmeanwhile, we will speak to senator ben nelson. gretchen:ç now, just weeksç ar four police officers are murdered and a coffee house, two deputies from the sameç area ae shot. çthe officers are in critical condition. deputies managed to shoot and kill the alleged gunman. rifqaç baryç is in court toda. she is the ohio teenager who ran away from cork -- from homeç wo feared thatç her parents would kill her for converting to christianity. now a judge will decide if she is to go home to her parents. ççbary said that her father threatened her life. the fatherj%9q%9m that he would never heard her. meeting at the white house, looking at the ac'da toç get regulation moving again. the president is busy today expected to name a new cyf) çczar. ççthis 93-year-old woman fougt off a purseç snatcher. theç suspect said that he was waiting for her at the grocery store. he tried toç grab a purse,ç te stockbroker, and he lost his grip. >> he must have followed me. as i walk with aç cane, i doçt look very strong. gretchen: she fell to the ground, scrapingç her arm and hand. çpolice say they are working to find the man. brian: i have to tell you about simon cowell. ççhe is the star of "american idol." it is the final year ofç his jontract, and it is also the last year where he can keep one of his other shows "xç factor" over to america here. the word is he will bring it to fox, possibly. steve: is this the same version as the one they're running in britain? çbrian: it would be the americn version of the number one show. gretchen: maybe this is aç ploy to get us all talking about it. brian: they say 60% of people asked said that they and less likely to watch if simon is not on it. >> that sounds pretty low. [laughter] brian: what are you going to do after next year? >> i have no clue. if it was the end, i would say, we have had a great run. steve: could could be a negotiating ploy. fox would pay just about anything to keep himç in their terror. -- chair. çgretchen: speaking of, and david archuletta will be performing for us. steve: meanwhile, it is the controversial story. they say he is out of control. brian: and stuck on the tarmac for hours with no food or water. what has changed? this thing does not kick in for a while. not until another four months. i know it has happened to me. it is every passenger's worst nightmare, having to come to an airportç, and then getting stuk on the tarmac due to bad weather. just yesterday the government promised toç change all of tha. the department of transportation says they are putting a limit on how long passengers can be kept waiting on the airline tarmac as much as $27,500 per passenger. of course, airlines do not on those fees and passengers are happy that it will take effect this spring. that is the latest from philadelphia. steve, thank you. çbrian: ben nelson of -- voted for the reform billç that would give his state funding for expansion of medicare. nelson has said, i did not ask for a special favor here. what i said is the governor of nebraska contacted me. coppe added a provision to the health reform bill that exempts nebraska from paying an additional funds. within hours after that amendment. so he is saying to pay your own and medicaid. what is your response? >> well, here is my response. he did not ask for my permission to put it in, so i'd think he is playing political games. so you can vote no on cloture on christmas eve and send all of america and nebraska the best christmas present we could ever receive by sending this bill back to committee and get it right. the people do not want this bill. it is bad news for us and for america. brian: are you embarrassed that nebraska got such a sweetheart deal for holding out? is that was so of the upset is about? >> we are embarrassed. this is not the way we operate here in nebraska. i have heard from americans all across this country in the last 24 hours that they do not like what is going on, and i do not either. i just want to say what is going on, no special deals for in the state. treat us fairly and equally. that is why americans are upset with the process. they need to slow down and get it right. brian: what about those who might benefit from health care reform, maybe some of the poor, what do say to them? >> i say to them that we have got to get this bill right. seniors are concerned about the medicare cuts. the people of nebraska are worried about the tax increases in this bill. businesses are worried that it will be a job killer. then there is the question of abortion funding. i do not understand of the nelson compromise on this one. in the leader of the nebraska right to life said she felt betrayed by what he said and what he did. this is unacceptable. brian: id will be an interesting vote is 7:00 eastern time christmas eve. we will see what happens. thank you, governor. president obama -- ooo . brian: the army is allegedly presenting -- preventing the fort hood shooting suspect from bring in arabic, and that has his lawyer ticked off. he says it is a violation of his client civil anrights. and a warning for parents. stay away from imported toys that could be dangerous for kids or by the copyright laws. authorities have seized many toys and say that they come from china. what a shocker. steve, the sudden passing up 32- year-old actress in brittany murphy has many people speculating on the cause of her death. some have said drugs, but could her shrinking frame the a sign that she was suffering from an eating disorder? gretchen: with me now is a former miss america, and someone who suffered from an eating disorder for four years. that was your platform. >> yes, i was able to talk about how serious this is. steve: in hollywood, there is all this pressure to look good in front of the camera. as i understand, some people who suffer from eating disorders -- it is painful. they take drugs to cover the pain. >> oftentimes, drug abuse is coupled with an eating disorder. hollywood, they treat people like a commodity. they go with whatever book is selling at that point. steve: if you are overweight, you cannot get a job. >> that is right. gretchen: having been anorexic yourself, looking at in brittany murphy, you found that she was a ballerina, and that sparked something? >> i was a ballerina, and that put so much pressure on me to be a certain size or shape. she also talked about having some flu-like symptoms. cardiac arrest is the primary cause of death for someone suffering from an eating disorder. gretchen: because it is the first muscles affected with this type of disorder. >> that is right. when you are not getting the food that you need, your heart has to work overtime. it does not matter what size you are. that is a common misunderstanding. steve: there are also stories that there were some warning signs. loved ones could have intervened, but it is hard. >> people do not want to talk about eating disorders, they think it will go away. the thing is, people can recover. women and men can recover from illness if family intervened immediately. gretchen: you were so helpful in this cause. you are helping a woman get treatment. >> it is so tough when it is not covered by health insurance. we have fundraiser, and established some relationships between the centers across the country, and we will be a warning and our first scholarships in 2010. steve, thank you. gretchen: the republican senator who is calling into an investigation of how the senate deal went down will be here to talk about it. steve: and a couple wants to give back the boy they adopted. they found under his bed and arsenal of knives. now the state says that they have to keep him. gretchen: and we will speak to one of the stars of "avatar." >> it is my job to keep you alive. gretchen: this is a fox news alert. two down, one to go. just about one hour ago, democrats remain united as they voted 68-39 to shut down debate on harry reid's bill. final passage is expected to come christmas eve. in the meantime, senator reid just use an interesting twist of words, calling for senators to be a respectful of each other, he invoked the name of brown making and asked, why can we all just get along? of course, you will remember he was beaten by police in los angeles. steve: ben nelson helping to pass the senate version of health care, and that is because he got some major kickbacks for funding for medicare expansion, some say. brian: lindsey graham calling for an investigation into that deal. welcome back. i know it has been tough times for the minority in the senate these days, but you drew the line in the sand when you heard about the deal that ben nelson got for nebraska. is he in trouble? >> legally, other states can make a constitutional challenge. they needed 60 votes, ben nelson was a holdout. instead of negotiating on c-span and bringing about that transparency which was promised, we get one senator in a room where no one else knows what is going on, and it goes something like this. when the knee, then? i tell you what, medicare is expanding for everyone. it is a billion dollar increase. then, -- ben, what would happen if we allow you to expand medicare and the government paid for it? done. this is not something we can believe in. this bill had no republican support for one reason. if it becomes law, almost 80% of the people in the country will be under some form of government health care. gretchen: not to put you on the spot, but isn't bribery all about politics? >> i advocate for my state but also make sure my country is doing okay, too. my country needs more to me than anything else. it is not fair for my country to do this to its fellow citizens. it is not fair to raise $518 billion in taxes when we are in the middle of a recession. it is not fair to cut medicare by $400 million and start a new program. it is not fair to squeeze of private health care. it is not fair to give a deal to the people of nebraska, to get a vote for one person. gretchen: by understand that, but what i am asking is whether or not bribery is the way that politics works on capitol hill? >> in my view, no. i do not think most believe this is ok. if it is, just say so. i think it stinks. if you disagree with me, you think it is politics, come on and say sell. go back to your state and tell the people that the medicare bill will go up, taxes will go up, but we had to do this to get nebraska on board. do you think that is fair? i hope they get laughed out of the room. steve: have you seen anything of this scope jammed through with a win at any cost dictum to it? >> absolutely not. social security passed with 94 votes. the americans with disabilities act passed with over 90. i have never seen in my time and effort by one party to jam the other party can change 1/6 of the economy and not get one republican on board. i will put my by partisan credentials up against anybody. i worked on immigration. i worked on sotomayor. they have not reached out to republicans. at the end of the day, their goal is to get more people covered by the government. we go from 60% of americans under government health care to 80%. steve: you look steamed. >> we are here to run the country. we are here to help people. i want to expand coverage, do away with pre-existing conditions. i do not want to run up the death beyond the ability of the next generation to pay. i do not want to come -- to become europe when it comes to health care. it is frustrating when there is an amendment filed on saturday. it is frustrating to have a 25- page bill jammed through the senate the day before christmas and shut out of the process. this will not help the country solve health care. if you like your health care today, your premiums will go up, you will be crowded out of the market, and will be forced to go to government health care. steve, thank you for taking some time to be to us. gretchen: in the new jersey father tried to win custody of his son in brazil may have to wait another day. the brazilian chief justice may not rule until tomorrow. he could uphold the ruling which would allow sean to return to the u.s. with his father. he went to brazil with his mother several years ago and has been living with his stepmother since -- stepfather since his mother died in childbirth one year ago. brian: here is what president ahmadinejad said about nuclear- weapons to diane sawyer last night. >> will you say to the american people tonight that iran will never weapon is nuclear materials? >> we have a saying in the iran which says, how many times shall i repeat the same thing? you should only say something only once. brian: that told the iranian saying. we never say that in america. steve, we have an old saying -- that is your turn. steve: an update on that police officer who drew his weapon at a snowball fight downtown. in washington, d.c. police chief said that it was simply inappropriate. apparently, someone hit the off- duty detective with a snowball. then he got out and drew his gun, pushing people back. he could face further discipline in the coming weeks. gretchen: and mother says that she found this under her adopted son's bed, and a note that said that he had to kill her. she says that she needs to give him back. steve: have you seen the movie "avatar?" coming up next is one of the movie's stars. and vote for your favorite performance of this year and get an encore performance of the winner. foxnews.com. we will be right back gretchen: welcome back. the mother you are about to meet says that she found this under her adopted son's bed, and a nearby that said that he had to kill her. a eight-year old has been to a psychiatric counseling, and now she says she needs to give him back to the adopting services, but the state of oklahoma says now. i believe your son is older now? >> yes, he is 11. gretchen: you adopted in several years ago when he was 8. you and your husband wanted to have a child. that was not an option for you. alabama of the goodness of your heart, you wanted -- out of the goodness of your heart, you wanted to become parents. you met with this child, and what were you told about child services -- about this child from jobs services? >> we were told he was neglected and abused by his father. that used to leave him home that night and would not by him glasses. gretchen: so you bring him home , i assume you give him love and attention as parents. what started happening? >> he started acting out. we kept getting reports of molestation. he was molesting other children. he has six diagnoses -- we did not know what to do. gretchen: finally, you were able to get him into a institution. the problem is, it costs a lot of money and want to release him back to you, and what are your fears? >> that somebody is going to get hurt. if it is now my family, my neighbors, it could be someone at school. we do not know. gretchen: melissa, i cannot imagine being in this position as a parent. you want to give the child back to the state. >> we are not sure what we want. we want help, and that is something they are not providing the. gretchen: so you are trying to change the law in oklahoma because that is your only option. right now your only option is to suit department of human services because they did not disclose and they may -- that he may have had more problems? >> these are not little problems, and they are huge problems. he has reacted attachment disorder, posttraumatic stress syndrome, fetal alcohol syndrome. these are not things that manifest overnight. these are things that were instill in him. he had gone through some horrible things for this to happen. we do not want the law to be changed where if you do not want your child, you can get rid of them, but if he is a danger to herself and society -- they had him for three years and did not give him any help. gretchen: let's look at their statement. the department of oklahoma trounce services says -- -- child services says -- i assume that he signed a document that said something like that? >> yes, february 14, 2008. we have known him a total of one month. gretchen: this is such a painful process for new, and i know a lot of people will judge you. what has that been light, and what would you like to say to those people? >> i hope you never have to walk a mile and in my shoes. i hope you never hear that your child tried to molest someone. it is not his fault. gretchen: the main thing you want to do is help your child, right? >> yes, and the many others like him. when this trend in our note -- local newspaper, we were contacted all over oklahoma, telling me the exact story, mirror images of my child. it was as if i was telling the story myself. it should not be like this. gretchen: this is such an emotional and difficult story. i know many people will want to continue to follow this, and we plan to do that. thank you for sharing your private situation in a public setting. thank you. brian: on a different note, he plays a good bad guy. but do not call him that. the star of "avatar" is here. first, what is coming up next? patti ann: archaeologists unveiled what they call an ancient dwellings that can be dated back to the time of jesus. we will talk about what kind of like this could shed on jesus' the early days. brian: and james cameron's "avatar" broke records despite the weather in the east, and is getting rave reviews. steve: the heart of the movie, colonel korich, played by stephen lang. >> everything out there wants to kill you and need your eyes. as head of security, it is my job to keep you alive. i will not succeed. not with all of you. steve: stephen lang, who plays the colonel, is with us. you are not as scary in person. brian: you started this project, many years ago? >> idot on in june 2007. -- i got on in june 2007. brian: did you feel like you were getting part of something special? >> absolutely. and there was something old time about it, and the opportunity to work with jim. gretchen: he does not do many of those blockbusters, but this is being equated to that. there are so many special effects in movies, and i was asking you, whether or not you have to change actors because you have to do all of this in front of green screens. has it changed the way you act? >> fundamentally, know. when you are doing performance captured, you are working in a bare space, and you have to create it from your imagination. the school that i come from, that is your first three stores in the first place. steve: i have read some interviews since this came out. you do not like being called the bad guy. >> i do not mind. he is the spoiler in the picture. truthfully, he would not care what you call him the truth is, we give what you call him. the truth is, -- what you call him. the truth is, he is trying to do his job, take care of his people the best way he knows how. it just so happens part of him has gotten amped, twisted summer along . gretchen: were you disappointed that you could not be blue? >> who is to say that they will not be one day? brian: being so different from anything that you have done before, what were your first thoughts? >> i was awestruck. we were excited for him. to have this vision that he had, this dream to make this imaginary world -- is along the same lines of tolkien or star wars. making a reality, it just floored me. steve: the movie is playing everywhere. it is fantastic. stick around. we want to know where that military persona came from. steve: stephen lang plays the colonel in the "avatar." you never wear in the unit -- were the uniform. where did the inspiration come from? >> i spend a good bit of tim

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