midterm elections just eight days away. the latest polls show republicans on the verge of major gains on capitol hill. here is the key. independent voters siding with the gop. republicans hold a 5 point lead, 47 to 42% according to the latest politico george washington university battleground poll. jon: republicans hold a 14 point edge among independent voters and that may be the tree. leaders of both parties are predicting victory next week. >> i think you'll see an unprecedented wave on election day that is going to surprise a lot of people. >> almost all the polls have been moving for us. we have work to do. what democrats tend to specialize in is the ground game. jenna: president obama kicking off a final week on the campaign trail as democrats fight to retain control of congress. jon: he heads to rhode island where the democratic candidate for governor says the president can, quote, take his endorsement and khof it. frank caprio reacting angrily that he will not getting president obama's endorsement. calling it washington politics at its worse. wendell goal hrer on the front lawn. >> reporter: he is going to headline a democratic fund-raiser that frank caprio was scheduled to attend. orders are his seat may be empty after his comment. his opponent, chiefly is lincoln chaffe who endorsed president obama in 2008. now the president is not making an endorsement in the rhode island's governor's race. frank caprio clearly wanted it, he said last we can he would welcome the president's endorsement. when he found out over the weekend he was not going to get it he fired back and a local fire station. >> as far as president obama's endorsement he can taken his endorsement and really shove it as far as i'm concerned. the reality here is that rhode islanders are hurting. >> reporter: he complained president obama didn't visit the state after floods earlier in the year, accused him of treating the state as an atm. today's fund-raiser is the president's only fund-raiser until the weekend. there's been a lot of focus on the house and senate and how they will fair after the midterms, but its the government's -- governor's races that may make it a long night tore democrats. there are 37 races now. the prediction is republicans will again a net of 8 governor's houses. that will hugely change the balance. the democrats own a two state advantage right now, 26 versus 24 states of republican governors. after that it could be 32 states with republican governors and only 18 with democrats. jon: when you use that kind of language with the president you don't get investigated by the secret service, do you? >> reporter: no, you don't. and the white house declining to comment on frank caprio choice of words. jon: thank you. in california jerry brown is on the campaign trail working to make sure his supporters show up on election day. some brand-new polls there show the democrat holds a big lead over former ebay ceo meg whitman. the university of southern california l.a. times poll finding 50% of likely voters support brown for governor, 38% going for whitman. there is more good news there for democrats, senator barbara boxer retaining a 6 point lead over former hewlett-packard ceo carly fiorina, this a young likely voters. the carly fiorina campaign is out with a new ad attacking boxer's record on capitol hill. >> barbara boxer failed to protect california jobs, praises the stimulus plan while 2 1/4 americans are unemployed. trillions in deficits, billions are taxes, our hopes crushed by washington. the legacy of barbara boxer. jon: as you can imagine boxer is also attacking carly fiorina's record blaming her for moving thousands of jobs to china and india during her tenure at hewlett-packard. with just eight days to go until the election every day america is asking, it's our interactive town hall usa segments, we'll run one every day through next week's midterm elections. we'll take your questions about politics and the elections. we have a great panel lined up to answer those questions. you can log onto the foxnews.com home page. get to us by email, twit error post on our blog at foxnews.com/happening now. you might hear your question answered right here on the air. jenna: fox business alert for you now, a big announcement from ben bernanke today as he weighs into the foreclosure mess. he's telling regulators to investigate whether mortgage companies cut corners on procedures when they moved to for close on shoep so many homes across the nation. how unusual is it for the fed chair to get involved here and what does it all mean? >> well bernanke was speaking at a big housing conference going on right now in washington, jenna, and he is a major regulator who regulates practices in mortgages. he said that bank regulators have been concerned about reported irregularities in foreclosure practices at big banks and are conducting an in-depth review of them. >> we are looking intensively at the firm's policies, procedures and internal controls related to foreclosures and seeking to determine whether systematic weaknessess are leading to improper foreclosures. we take violations of proper proceedings very seriously. >> bernanke says that he anticipates preliminary results from the review next month. he said regulators are also evaluating potential effects of the foreclosure problems on the real estate market and on the finances of bankses themselves. jenna: we have new home sales data out tonight. i shouldn't say new home sales, it's brand-new data on house. it's suggesting what to us and what does this mean how quickly we need to solve this issue when it comes to more closures. >> the national association of real tears came out with september existing home sales numbers, sales rose 10% more than expected and the biggest monthly jump in 28 years. a third of total sales in september were of distressed properties, mostly foreclosures, foreclosures are now a huge part of the real estate market right now. any paperwork problems that scare buyers could slow foreclosure sales, jenna. jenna: a story we are watching very closely. thank you so much for the update. jon: drug violence raging out of control just across our border with mexico. a gang of armed men burst into a drug rehab center gunning down more than a dozen recovering addicts including a 14-year-old boy. harris is on it from the breaking news decks. >> reporter: pretty young ages there. the death toll has gone up now as you said to 13. it was at least ten per police in tijuana, mexico a short while ago. this is right across the board. this is part of the troubling nature of it. while they are not saying for sure it was a drug gang-related killing or mass killing, there is a witness this time and they are not identifying this witness but this witness says that he was downstairs from this drug rehappen and ran up and was able to talk to several people who survived it. and described it as people being pulled out of their beds, told to lie down on the floor and killed with machine guns or automatic weapons by several men dressed in black garb. the reason police say that this is possibly drug related, of course, is because it's a rehab center and cartels will typically put those types of people, those in rehab in the center of their disagreements. we've seen this happen before, just across the way from el paso and ciudad juarez where a rehab center was hit earlier this year. prosecutors and police in mexico are desperately trying to find any answers that they can as addicts are told to lie on the floor and just shot to death. the death toll again at 13. particularly troubling because of its vicinity to the united states. i'll stay on this one. there are details coming out about which cartel this may be, and that matters in all of this because we've known some of them to cross over into the united states, so we're watching it very closely. back to you guys. jon: just a spaulg, harris, thank you. jenna: we are eight days from now until the power is really up for grabs in congress and the midterms could spark a very historic split with one party controlling the senate, the other the house. what this could mean for our president and the country moving forward. the president of afghanistan confirming that his chief of staff got bags of cash from iran. what is all this money for? and what is iran getting in return? we'll tell you coming up ahead. let's get chinese. should we order panda blossom, panda moon... how about chinese at home with wanchai ferry? you can make it in just 14 minutes. mmmh, orange chicken. great. i didn't feel like going out anyway. [ male announcer ] wanchai ferry. restaurant quality chinese in your grocer's freezer. and the 60-day handshake lives on, that five-finger bond that communicates trust, honor, follow-through, and follow-up. it's a promise that says go ahead and buy a ram 1500 or a heavy duty without a payment for 60 days. and if it doesn't do everything you ask it to do... bring it back. ram. medicare supplement insurance plan card. wherever you go, nationwide, your coverage travels with you. and that's just one of the many reasons... you need a card like this. with all medicare supplement insurance plans, you can choose from a range of plans... and keep your relationship with your own doctor that accepts medicare. if you're turning 65 or older... or you've already enrolled in a medicare supplement plan, call now for this free guide to understanding... medicare and information kit... on aarp medicare supplement plans, insured by unitedhealthcare insurance company. as with all medicare supplement plans, these help cover some of your medical expenses... not paid by medicare alone. this could save you thousands of dollars. look, want to do away with almost all claim forms? like the sound of no referrals needed to see a specialist? you get all that, too. call now to get your free information kit... and guide to understanding medicare. yep... this is one great card! call this toll-free number now for this... free information kit and medicare guide. jenna: eight days to go until election day, and many republicans are already banking on winning the house. the polls show the senate is coming down to a handful of very close races, which could keep democrats in control. that means for the first time since 1930 the house could switch parties, but not the senate. what does that mean? either talk to michael o'brien, a political reporter with the hill and he's joining us today. michael, how would that change the political landscape if the house goes to one party and the senate goes to the other? >> well what you would end up seeing is a republican house that would be pushing the obama administration on certain issues and the senate sort of, you know, slowing down or g u.n. king some of those desires of house republicans in the senate. you'd still see divided government where democrats and republicans would have to find a way to work together but it won't be a congress unified against the white house. jenna: does that set the president up better or worse for his campaign for re-election in 2012? >> well, you have to imagine that any retention of a majority in the house or senate is pretty good for president obama. that said, you know, the administration could use a republican congress, the house, senate or both as a foil for its agenda the way president clinton did with house republicans and senate republicans in the 1990s. jenna: michael according to your reporting do you see the president post midterm election coming more to the center as let's say president bill clinton did? >> well you see the president talk a lot more about humility, and the need for some compromise, and republicans to come to the table. at the same time you see republicans talking very frankly about they don't want to compromise on some of the key issues from taxes to repealing healthcare or spending. jenna: so are you saying gridlock is what we should expect? >> well, not necessarily expect. republicans if they take back the house, which is what they are more likely to do than take back the senate, they've said that there is some room for negotiation, but at the end of the day it's going to be a big test to see how far each side is willing to test the other. jenna: that will be interesting to watch. michael o'brien with the hill. thank you so much for joining us today, michael. >> thank you. jon: a massive leak of last tpaoeud information on the war in iraq posted online for the entire world to see, including america's enemies, what the wikileaks disclosures mean for our national security. plus new questions over the death of a champion swimmer, fran cripin died in a race over the weekend. some say he shouldn't have been in the water under these conditions. these stories straight ahead. hey, did you ever finish last month's invoices? sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi plce around the corner. well, in that case, i better get bk to these invoices... whh i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott ws it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. jenna: welcome back, everybody, "happening now" the sister of the american swimmer who died during a race in the united arab emirates says her brother raised concern about safety like this. frank crippen was considered the best open water swimmer and submitted to the 2012 olympic team. he wrote several letters to race organizations about the lack of safety. now the winner of the race, a swimmer from germany says the air and water temperature were simply too high to hold this race. the race went forward any ways. organizers believe crippen died of over exhergs. autopsy results are expected a little later on in the next few weeks. jon. jon: let's get back to the battle over the web side wikileaks, the online whistle-blower releasing almost 4,004,000 documents regarding te war in iraq. they claim the documents have been edited to conceal people's names but the move is sparking more outrage at the passenger which slams wiki leaks for putting the lives of u.s. troops and those of our allies in danger. more documents could be on the way. what are the implications for our national security. fred tecee a former fred ral prosecutor. neal puckett a former navy seal. the leaks just keep oncoming. do you see the possibility of anybody being prosecuted as a result of all this? >> well, john jon, technically they probably should. there are two sides to this coin. there are the people who have access to confidential and sensitive information who are providing it to wiki leaks and then there is wiki leaks. put aside wikileaks for a minute, despite the fact that they are a foreign corporation, foreign nationals, they probably want to wrap themselves in the first amendment. we have people who work for our count throw and government who have sworn to secrecy. there are two things going on here, one is espionage, and the other is trees on, which is giving aid and comfort to our enemies. i think it's a little bit disingenuous to say that just because you give it to some fraction of the press that the information is not ultimately ending up in the hands of our enemies and it is putting lives in danger, i don't care what they say. jon: with what about that neal. >> as a former counter officer myself before i became a lawyer in the marine corps i acknowledged the grave position that the nation can be put in even if names are blocked out, the sources and methods can be discovered . this is a really big problem. my law firm normally represents military members who are accused of crimes, people like private manning who we don't represent who has released this information. jon: you're talking about bradley manning, the army specialist who is believed -- or accused by the passenger of being the source of at least some of these documents. >> that's right, jon. i think a distinction needs to be drawn between professional journalists who understand national security and who sometimes hold off on publication and weigh in the balance the potential damage to national security versus their concept of the people's need to know, versus an organization like wikileaks which just without any apparent filters whatsoever releases all this information and without any regard for the safety of american service members fighting the wars in iraq and afghanistan. jon: i asked fred about prosecution and obviously bradley manning is going to be facing some charges here. what about the people who are releasing this stuff? what about wikileaks founder stange stange sta*pbg sta pbg staining staining julian saa -- ashes ssang. >> i could say it doesn't apply to a northern national operating on foreign soil with a foreign corporation. legitimate real news organizations tkraoet this information accordingly. these people for whatever reason, their political agenda, for whatever reason, they are serving their own needs, are releasing information. and forget the danger to our troops. that is a serious issue. the danger, as neil pointed out to people who have provided information. the taliban ain't real strong on due process and they weren't there when they taught about cruel and unusual punishment and would think nothing about slaughtering these people once they find out their identity, and just because it's not in there doesn't mean they can't find it out. jon: the fact that a lot of the documents talk about the fact that iraqi guards miss thraoeted -- mistreated their own people during the iraq war, neil, does it suggest that, you know, we are being held to a double standard in terms of, you know, how americans are treating captives versus their own -- versus iraqis treating their own country men? >> i'm not sure about the double standard, obviously what you've touched on here is the national security of two nations have been harmed here, not only the united states of america but also iraq and the fledgling government there. i think it's incredibly irresponsible for this to be released. really the people who have access to this are service members, and the service members are somehow being enticed to release this information, and i think that should be the focus of another inquiry. how is it that wikileaks gives access to service members who have access to sensitive national security information and convince them to do this. jon: you're saying it's incumbent on the military to plug that leak. >> absolutely. >> absolutely. jon: neil pubgt, fred tese. and i mentioned juan assange, it's julian assange. jenna: a man inside a tornado catches the awesome power, you can just hear it can't you on this video. we'll show you what the twister did to homes and businesses in this area straight ahead. a key u.s. ally just saying no to washington. pakistan resisting american pressure to go after terrorists on a side of the afghan border. what is pakistan's plan to get rid of these guys? and if they don't should we really be giving pakistan as much money as we are? president obama making his healthcare overhaul a top priority after winning the presidency. now that is law. is it helping republicans win in the midterms? a live report on that. harris is working our live chat today, questions and comments coming in, pouring in eight days before we all head to the polls, harris what is happening. >> reporter: i did something, jenna that i sometimes like to do. i was reading about an associated press jfk poll that says one in three voters will change their minds in this election before november 2nd. that's just a week away. lots of undecideds out there. jim said i didn't read about that. ho