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going to have to ration treatment. see you on wednesday. stay on for the after the show, show. bill: let s begin with a attempted showdown from the between the biggest unions and the president they helped elect to the white house, more than a top dozen labor leader went to the white house complaining about the democrats plan to raise taxes on insurance plans, calling it an assault on middle class family the. there were a lot of deals? i m bill hemmer, welcome to america s newsroom . martha: i m martha maccallum, i m in for megyn kelly and this is the story we lead with, big labor and the president on opposite sides of this one, labor leaders say that president obama is breaking his campaign pledge not to raise taxes on the middle class. what s more, at least one of these unions is threatening to have members stay home during the next election unless they get what they want. bill: that will be something if they follow through, huh? stu varney leads the coverage in the fox business news network. good morning to you. size up the argument here. this is emerging as perhaps the most important item in reform, do you pay for reform by taxes private health plans. remember, there is no inflation protection built into this tax, so a lot of middle class people will be sucked into it and will have to pay it. clearly, the unions hate it, because many union members have negotiated generous cadillac health plans. listen to richard trunca yesterday from the afl-cio. it taxes the middle class by taxing workers health plans. not just union members health care plans and the senate bill hits working americans who need health care for their familyies against working americans struggling to keep health care for their families. now, the unions are not threatening to upset the whole idea of health care reform. what they re threatening is they will stay home, they won t bring out the vote come november. the possible response from the administration may be one of the following. except all unions from this health care tax, exempt some unionized workers like firefighters or police officers or minors from the health care tax, or adjust that inflation protection. so there s not a cadillac plan with tax, it s a rolls royce plan with tax. bill: if they re suggesting what you are saying at the end, how do you make up the cuts for the medicare, how do you bring in the revenue to make sure this is budget-neutral? well, that is the whole issue, bill. this is supposed to bring in $150 billion, this health insurance tax, the caddy tax, is supposed to bring in $115 billion in ten years, if you bring in less money than that, where do you get, where do you make up the shortfall, where do you make it up elsewhere? the possibility, or the unions want is that you tax the rich, a 5 percent surtax on people, couples making a million dollars a year or more, that s included in the house version. that s what the unions want. bill: stu, thank you for that, nice of you to size it up and you look great this morning coming in your rolls royce. thank you. bill: a great parking lot, too. it s a bentley! martha: he s a great parallel parker. also on the health care overhaul this morning, check out these new polls that show opinions about the legislation is hitting new lows in this country. look at these numbers, the radson report from last week asked likely voters will the quality of your health care get better, will it get worse or stay the same under this reform plan. here are the results. only 17 percent said that they think their health care will improve. 52 percent say they think it will be worse. and 23 percent expect it to stay about the same. now, 75 percent expect care to stay the same or to get worse after almost a trillion dollars in new federal spending when you add up the positive numbers on that. we re going to discuss the polls with one of democratic party leaders in the house. bill: there s a bail hearing set for one of two terror suspects. in queens, new york, a week ago, sarinahmeday was arrested on thursday, along with a second man accused of receiving al-qaeda training in pakistan, both arrests were part of an investigation into the colorado airport shuttle driver accused of hatch ago homemade bomb plot against targets in new york city. we ll follow that throughout the day here and see what comes of it. here s something else to keep in mind today, the supreme court hearing a case that could far reaching impact on how america deals with sex offenders, at issue a federal act that allows some of the most dangerous of the society s predators to be held indefinitely, even after they have served their sentences. molly hennenberg is outside the supreme court with more on this, we understand the high court is looking at only one part of the 2006 adam walsh act. what can you tell us about that? hi martha. the adam ralsh act was passed by congress in 2006, signed by president bush and mainly it sets up a national data base to list, get a reg ste of sex offenders, but there is part of the law the supreme court will hear arguments on today and that is part of the federal law that says the federal government can hold someone indefinitely, even after they have served their time for the crime, if they are judged to be, quote, sexually dangerous. that s what the law says. five inmates in north carolina are challenging it. they say it s unconstitutional for them to be held after they have served their sentences. martha: the lower courts ruled for the inmates, right, molly? right, ruled that that part of the law was unconstitutional. first in 2007, a district court in north carolina ruled for the inmates, ruled it was unconstitutional, then in january 2009, the fourth u.s. circuit court of appeals in richmond, virginia affirmed a lower court s rulings, this 3-judge panel said the court has no power to prosecute a former federal prisoner simply because he could violate a law. any person could violate federal law. and that s what the supreme court will hear arguments on today. martha: pretty solid argument, it seems, but the solicitor general is arguing for that law to stay in place. what s his basis, his legal basis for arguing that? yes, the solicitor general, elena kagan says, this is a quote, an important act of congress, that it will protect americans from those, quote, sexually dangerous to others, and martha, one other note, the supreme court chief justice john roberts, he ordered that the five inmates that are pretsing pressing this case, they have to stay in prison until this issue is resolved by the supreme court. martha? martha: very interesting issue for the court, molly hennenberg, on a cool day it looks like in washington, d.c. bill: that s a day where you wear your winter white hat and molly did. we ve got this deadly developing story out of iran where a nuclear scientist who publicly backed the country s opposition is now dead t. happened outside his home when a bomb-rigged motorcycle blew up. state media identify the mohammed as masoud ali mohammadi, he was significant, too, a nuclear physics professor at tehran university. before the last year s presidential bid, his name was published among 240 teachers who supported the opposition heard mir hossein mousavi, than government blaming the west for the attack, saying it was carried by an iranian opposition group by israel and the ups. that s here in this america s newsroom . martha: the u.s. is deny thank a military plane violated its air space, a u.s. diplomat sat down with venezuela s foreign minister, nicholas maduro to discuss this allegation. maduro claimed the u.s. was trying to, quote, provoke some kind of incident, president hugo chavez claims venezuela sent f-16s to escort that plane out. the u.s. sem says while it presents the chants to talk with mudoro it denies wrongdoing on the part of the military. bill: first it was smoking in bars, now it was transfats in restaurant food, now the u.s. is declaring a war on salt, hoping to reduce sodium in restaurant foods and food across the country. england passed a similar legislation. what did the brits think of that? of course, bill, there are always people who will shout oh no it s the nanny state, any sort of government regulations, but because this program, the salt reduction program, was voluntary here, it didn t really kick up too much of a ruckus, the salt industry wasn t too happy about it, but it was frankly, bill, a program that was introduced rather by itself, slowly, slowly, and the britts love the savory, salty foods just as much as we americans do. i mean, don t touch their fish and chips. but again, this was introduced, it was food manufacturers, primarily, cutting the salt content in a lot of different food products, and you know, you think when you hear salt reduction of bland food or potato chips without the salt, but to be honest, the biggest culprit in terms of americans or britts or anyone brits or anyone eating too much salt is bread. you wouldn t really think this but most of the salt that we get in our diet comes from bread because we actually eat so much of it and it s good for us in many ways but this is one area where salt has been cut here quite significantly in the u.k. now. bill: it s been in place for ten years but it s voluntary, the results are good, bad, or can we say? the results are good, according to the food standardsate. they ve managed to cut salt intake from .33-ounces to .30-ounces, per person, per day, which apparently according to them and you can t say with any certainty what the effect is, with cardiovascular disease, because it s caused by many different things but they believe it s 6000 unnecessary deaths a year that are prevented because of this. bill: amy kellogg, from overseas, back in new york, we ll see how it goes. i like my salt on my french fries. a doll up of mayonnaise, too. bring it. martha: o clocking about lunch already. this is one of the biggest stories we all need to be watching this week, we re going to get a new pentagon report on the man charged in the fort hood shooting and three minutes, new details on how some in the army marched straight past a whole trail of red flags when it came to this man. bill: also this new jersey man thankfully safe at home. check out the shiner on his face, he was kidnapped by a group of men police are calling bum bling idiots. it s one of the most bizarre kidnapping cases we ve seen in some time, and that s coming up in a couple of minutes. i was washing my windshield and this guy comes out of the vehicle over there and starts waving his arms and hollering, get me out of here, help, i ve been kidnapped, get me out of here. ( whooshing ) announcer: you could buy 300 bottles of water. or just one brita filter. ( drop plinks ) brita better for the environment and your wallet. bill: about 14 minutes past the hour, you remember the attack at fort hood, the pentagon will release reports on the shooting in two days and we expect to pinpoint how the military missed to many disturbing warning signs about army psychiatrist major nadal hasan, a man who made no secret he believed in justifiable jihad, this comes after 12 soldiers and one civilian were killed at the post in texas. for more on what we should learn later in the week, want to bring in managing director, partner rather of ergo knot net, a research and global consulting firm. welcome back. good morning. bill: what s wrong about this case? he preached to patients, pros theytized about the islamic faith, which isn t a bad thing but when you put it in front of a speech he gave about dying for the muslim faith, what would explain about why the u.s. army, the way it is set up today, why he would be promoted tile and again to a major. he was promoted essentially twice, he came in under a program to be a medical doctor. he achieved that. was promoted to captain and then to the grade of major. the issue really is, first of all, the military is short doctors, so there s a sense of we ve got to keep these guys. ands, the fact is, this individual is a muslim, so we are very, very accepting in our military, and so there s a notion of what i would say increased tolerance for idiocyncratic behavior. in this case this was not ab hant behavior, this was illegal behavior, especially his comments about sharia law taking precedence over constitutional law. officers in the united states tomorrow take an oath to support and defend the constitution. not some brand of their own definition of legal authority. this is the constitution of the united states. that is the flag. that s illegal behavior. somebody could have brought charges up against him at that point and got him into the system with legal review. bill: the illegal behavior is what, spider? it s proclaiming there s another form of illegal authority that soldiers in the military should follow and that is sharia law, taking the pledge, which we all take as officers to support the constitution. bill: this was the perfect storm of promotion, then. when you put that with what you said about the shortage of doctors in the u.s. army, and keep them in the ranks, and you re going to promote them and move them through the best way you can the sad truth is there s an incredible tolerance for different forms of behavior and performance metrics in order to admance folks. if you look at the promotion records across the military, you would find at least specifically in the army, you would find the promotion rates from the junior officer level of captain to major is very, very high, in excess i would say of 75 to 80 percent. in other words, if you re going to stay the course, if you can make it through, you re going to be promoted. there is less of a scrutiny in terms of competence because of the incredible demands on the force right now. if folks are showing up, if folks are making the effort, they re going to be advanced, and this is clearly, as you said, it s you know what gets me, spider? at a minimum, when he was transferred to fort hood, why were not his supervisors in texas told about his behavior back at walter reed in washington, d.c.? if his behavior had raised enough flags in his previous assignment at walter reed, he would have been flagged. it s an administrative step that s very easy to do without immediate review. where you stop all personnel action, that means you can t move, you can t go to school, you can t be promoted, et cetera, so they just hold on to you until such time as they do or conduct an investigation to determine the status of your next personnel action. that s very, very good to do. bill: why wasn t it done? john. that explains what happened in texas, kind of sortd of. what will we expect in this report on thursday? you re talking about systemically changing a system of the u.s. army. how do you do this? john that there s going to be a systemic change in the system. what needs to take place is leaders at all levels are trained to make adjustments and to take action and solve problems at the very lowest level. i would tell you that i m convinced that that took place at walter reed, but they didn t take it to the next level. the system as it exists today could have held this doctor in place and he never would have made the move to fort hood. that doesn t mean he wouldn t have done something wrong in walter reed. but the point is, if you take action, you take it at the local level, but you ve got to get into the system to make sure that you get a fell exposure of all the facts. that did not take place. bill: spider, thank you, we re looking for that on thursday of this week and we ll probably follow the view then. spider marks out of washington, d.c., thank you for coming. here s martha now. martha: remember this, nearly 30 years ago, somebody put poison in bottles of tylenol and seven people died. the nation was left terrified during all this. the case was never solved. but now, after all these years, there is new evidence and a possible breakthrough in this case. bill: check out this guy s eye, a bizarre kidnapping mystery that started in new jersey, stretched half way across the country when this pet store owner was roughed up and snatched inside his store. why him? martha: good question. bill: we ll talk to police, right after this. martha: an incredible story, why would anyone want to kidnap a pet store owner, beat him up and take him half way across the country? that s what investigators are trying to figure out today. police say that three men nabbed 59-year-old jeffrey mueller muller, who opened up the store in newton, new jersey on friday, they reportedly drove him over 1000 miles, as you can see on this graphic here, before luckily for mr. muller their car broke down in lake ozack, missouri, that s when a beaten and bruised million uller who was tasered, by the way, managed to free his hands in the back of the car and get away as two of these guys were inside trying to get parts to their car. i was washing my mind shield my windshield and this guy hollers and said get me out of here, a few guys tackled him from across the driveway and i went in the store and asked the clerk to call the police and she did. he was clueless as to why he was taken. he did not give us any indication that he had any ties here to missouri, and so just kind of makes the mystery greater. just thank the lord it turned out the way it did and nobody got hurt. martha: what a nightmare. this situation is. joining me is lieutenant robert osbourne of the newton police department. thank you for being with us today. this story caught our eye. it s a crazy, crazy story. what do you make of this? it is a bizarre set of circumstances, absolutely. martha: talk to me about t. tell me about the investigation and what you guys think happened here. well, on friday, the eighth of january, some officers from our department were summoned to a pet food store in our municipality to investigate the reportedly missing person and the victim, mr. jeff muller, was to arrive at the store rat approximately 8:00 a.m. to open the store for business. as you said, as a matter of routine. approximately 10:30 later that same morning, the victim s wife arrived and was unsuccessful in trying to contact him by telephone. she found that the store was still locked and her husband, jeff, was missing. a few of his personal belongings were found lying in the parking lot near the store s entrance. as a result, an investigation ensued, that included extensive searches in the area around his business, with several canine dogs, state police, a helicopter unit, and trying to track several different leads. martha: it s incredible how far they got with him, they got 1000 miles away, and of course as you look at this story, one of the things that pops into my mind was did this man owe somebody money, was somebody trying to rough him up for some reason, is there any indication that he knew anything about these people or had any connection to them? no, i don t believe so. i mean, the investigation is continuing. it did disclose that mr. muller was purposely targeted and forcefully taken from the store by the suspects. martha: did they get the wrong guy? when you say that mr. muller was targeted, can you confirm that they had the right snan. no. no, i do not believe they do have the right man. in fact i m sure they do not. martha: at this point, you re working under the idea that this is a case of mistaken identity? correct, the outcome of our investigative efforts has led us to quintsing evidence to conclude that mr. muller was a victim of mistaken identity. martha: these three guys, the suspects in this case, is it your what is your investigation telling you about whether or not they were hired by somebody to do this or whether this was their idea they cooked up, because according to your reports and as you say, it was very well planned out. here s a picture of these guys which somebody referred to in this case as bumbling idiots. we do know that the individuals arrested for this abduction targeted a completely innocent person, and i want to restate that. martha: all right. but at this time the investigation is ongoing, and at this point, no additional information above what has already been released is forthcoming. martha: who knows what would have happened if mr. muller hadn t been able to get his hands free and if that car hasn t broken up, where this would have ended up and thank you to the good samaritan and saw this man needed help and got in there and made the difference perhaps in this man s life, right? absolutely. i think it s fair to if you were to say one person is responsible for mr. muller s rescue, it would be mr. muller himself. obviously he s a strong-willed individual. martha: indeed. and the fact that martha: he fought to get away, fought, and obviously he was badly treated. so lieutenant, we wish you good luck with this investigation and we wish mr. muller a speedy recovery. thank you very much for being with us today. bill: not every day you hear them called bumbling idiots. martha: i know! bill: a great case. man oh man. martha: next thing you know, this taser assuming this story is true, tasered, driven to missouri. bill and back home now. he s got a shiner that will clear up in two weeks and we ll talk to him. the town hall meeting is far behind us but that doesn t mean health care voters are fine with what s going on in washington. in a new tape in wisconsin, voters put a few comments to russ[ feingold, we re going to roll that in minutes. martha: we are back now at 9:31 on the east coast, senate majority leader harry reid taking new heat for his remarks on race and president obama, a new book quoting the democrat saying then-senator barack obama was electable because he was light skinned and had no negro dialect unless he want to have one, end quote. here s what reid said yesterday about those comments. i ve apologized to the president, i ve apologized to everyone that is within the sound of my voice, if i could have used a better choice of words and i ll continue to do my work for the committee, and so i am not going to dwell on this anymore. martha: he s not going to dwell on this anymore. and this topic is getting a lot of attention still. on our website, more than 151,000 people, taking a fox news.com survey, asking the question are democrats practicing a double standard on racism, right now 92 percent say yes, and for a pub if a republican had made these remarks, democrats would be howling about this, according to these responses, people also leaving comments, jay durbin saying yes, resign, lott had to go and others, keep it fair, if the dems can, this version says, he is not special. one viewer from puerto rico said quote, there is no double standard, lott had a long history of racist statements and even his party wanted him out, according to this person who weighed in, comparing his comments to reid is ridiculous, and bea bonum saying although i think he needs to go i would much rather see him ousted by the voters of this state, which seems likely. bill: this from his fellow nevada senators, jon ensign, he said back off as majority leader, ensls sign says he regrets making racial remarks about the president, his apology is sincere and it s wrong for colleagues to call for hes resignation, ensls sign says it s wrong for democrats to call for the resignation of trent lott, therefore republicans should not do it to reid now martha: all right, here is a story for you. in one week massachusets is going to hold a special election that could change the balance of hour in congress. voters will head to the polls and fill the seat long held by late senator ted kennedy,. democrats are getting worried that republican steve brown may actually have a chance in that long-held democratic seat against the contender, the attorney general from massachusets who is the candidate martha coakley, the democrat running. they are pushing to change the state law now, according to reports, so that he won t be able to be sworn in if he were to win, scott brown, until after the health care vote. interesting. all right, scott brown joins us live now, and we have called martha coakley as well and hope to have her later in the week. good to have you with us, mr. brown, welcome. martha, it s great to be on. martha: we want to focus on this rule changing. break it down for us. basically, the late senator ted kennedy, his seat was vacated by his death, filled by paul kirk, a long-time kennedy friend, who now paul kirk says i will vote in the health care vote. just to have paul kirk in that seat in the first place, they changed rules, correct? yes, listen, we re in massachusets, they can change bills and laws that have been in effect for decades, and they did it to get senator kirk in, interim senator kirk down there. when i heard they re trying once again to machine not only the machine not only locally but nationally is trying to manipulate the process and if i m duly elected as senator i can t be seated to vote in this important piece of national legislation, it made me almost sick to my constitutional and they sent nick tsongas, on a tuesday, seated on wednesday, so this political cha cannery, i m used to this in massachusets and people can go to brown for senate.com, learn more about it and learn how to help and donate and volunteer. martha: you would be the 41st vote, so you could possibly prevent a two-thirds majority in the senate by democrats if indeed you win your seat. well, it s very clear i will be the 41st vote and i will vote against that bill and send it back to the drawing board because the back room deals, the lack of transparency, the fact that we in massachusets already have a health care plan that s covering 98 percent of our people, so we re going to cut half a trillion dollars from medicare, hurt veterans try-care, longer lines, lesser coverage, subsidize nebraska and other states for what they did not do, how is that good for massachusets, how does that help us, and how does that quite frankly help the rest of the country? martha: you pointed out representative nicky songas, paul songas wife who passed away from cancer in 2007, she was sworn in within hours, two days after her special election victory and yours is a special election situation as well so she could help override a veto of the s chip and governor romney was not allowed to appoint a senator of his choosing. duvall patrick was allowed to push this forward with paul kirk, right? senator kennedy in one of his last wishes said please change it so we can send an interim senator down there, they manipulated this for a reason. it s about differences, it s about a race that my opponent doesn t understand, that there are terrorists in afghanistan, and she wants to provide taxpayer-funded attorneys for terrorists, treat them as ordinary criminals, give them constitutional right that is they re not entitled to. i believe as a military attorney, i m still serving as lieutenant colonel, 30 member of the national guard, that we should treat them as enemy combatants, interrogate them pursuant to the laws of war and rules of engagement and to make sure that we can find out who else is trying to kill us. martha: i wanted to get back to this specific election issue if i may before i let you go. is there anything that you can do to sort of push this issue in a legal way if you are indeed elected that you would be able to vote shortly after that election and not they re saying, as i understand t. they ll have to wait at least ten days for the absentee ballot to come in and for all the votes to be counted before they could verify you, right? sure, what we re going to do is hopefully try to beat her more than the amount of the absentee ballots that are actually sent out to military personnel. it s really about the military personnel and being in the military i m very confident i would get a fair amount of those votes. so we are going to would the use the bull yeah pulpit, you and others are disgusted the way things are done in washington and massachusets and hopefully they ll get involved, have them convene the governor s council, tell the secretary of state that the political cha cannery is over, we re going to send a message to washington and make sure that we can change the way that we communicate, we saw look, we can talk about what harry reid said and other things but keep m mind people are trying to kill us, we have serious economic and military problems, and we need to get our house in order or else we re going to be in very serious economic and military trouble. martha: scott brown is running, a republican, running for the seat vacated by teddy kennedy. as i said, we hope to have martha coakley running against scott brown later this week so we can talk to her as well, very interesting electoral situation there. thank you for being with us today. it s my honor, thank you. bill: we re 20 minutes before the hour now. seven people died when tylenol capsules were laced with cyanide. no arrests have ever been made and the only man considered a suspect is now disk his dna to prove he is innocent. twenty-seven years later, is there new evidence to find the killer? dr. michael bunn is on next. bill: now major development necessary a decades-old case n. a span of three days beginning on september 29th, 1982, 7 people around the chicago area died after taking cyanide-laced tylenol, the killing sparked a national panic, it led to changes in the packaging of all over the counter medication. to date no one has ever been charged for the murders themselves, in fact, there has only been one suspect, john lewis, on the screen. twenty-seven years later, lewis and his wife have now given new dna samples to federal investigators in massachusets and dr. michael baden, one of the best around, a fox contributor and one of the best doctors around. this is a dream for guys like you, you have the chance to possibly solve a case that s more than 25 years old? wow! this is one of the top three or four unsolved murders of the 20th century, along with maybe the black dalia and jimmy hoffa. the tylenol case has been with us, seven deaths, a number of copycat deaths around the country and they must have now, the police must have new evidence to be able to get the dna samples. in 1982, when this happened, we didn t have dna. bill: let me stop through because james lewis is the guy in question here and he s apparently given his dna and his wife has as well, i mentioned that. they are saying there s a smudge on one of the containers. containers, yeah. bill: a smudge. is that a finger snrint. presumably a fingerprint and with the new dna technology, one can pick up from a smudged fingerprint dna from the skin cells. these were the kind of capsules that tie len coal was using. bill: may we hold that up? you can take this apart, right? and the medication is on the inside. so we re taking this apart, all right? and see, and then the medication is on the inside. bill: and one can then take other medication containing cyanide and put it in. bill: your theory is that this killer, and i ll demonstrate it for the viewers, is you take this apart, right, the medication is on the inside, then you would fill the capsule with an amount of cnn i d. and this with cyanide. and this contains enough to kill you. bill: that s the difference between other medications that are in pill form, essentially, right? and as a result of this ability to tamper with a product, tylenol and pharmacies around the country started coming out with gel caps, with tablets, with all kinds of ways of having drugs given to patients that can t be tampered with and taken apart. bill: it also came with a seal over the medication. not at that time, no. bill: but i m going to go to what the heart of your specialty is, okay? you re a specialist in figuring how you can solve the crime. right. bill: you re 27 years down the road. why now would we have that technology to figure out what happened in 1982, and whether or not this guy is guilty or if the true guilty person is still running free? because right now, the police must have gotten some evidence that there was something on either the bottle container that they have in evidence or the pills. one can leave fingerprints on the capsule themselves that can be picked up now with dna, the new sent tiff dna. dna was not available in 1982, it s now available, and it can pick up very small trace evidences of dna, and if his dna is on any of the capsules or the bottles that the police have in evidence, that s a home run. bill: you have this true in 1989 and 199 1990, there was evidence but it was not tried, right? why not. dna testing was done but it was not as sensitive as it is today. today, they can pick up dna and fingerprints that were not possible to be picked up back in 19 # nine, 1990. bill: if this case is solved, it s a big deal. it s a big deal. bill: your headline is enormous, one of the top three murder mysteries of the 19th century. yes. bill: why would it be such a big deal, doc? you because it impacted so many people, it changed the way the pharmaceutical companies function, and it s never been solved, and it captured the headlines, black dahlia, one person dies, captures the headlines, who killed the black dahlia female in california. the tylenol case has been a mystery to all forensic pathologists, all medical examiners, for 27 years. bill: we just saw victims on the screen there. jaime lewis, by the way, wrote a crime book, believe it or not, called poison, set in a mid western town, he wrote a letter to the manufacturer in 1982. he was jailed for 12 years, but they still could not link him to the crime. the only way to link him is if there s something on the evidence that they ve kept for these 27 years, an unsolved crime, that matches up with the dna or fingerprints. bill: doc, it s great to have you to have you in today, great to see you, michael dabe baden. martha: police in miami are warning residents about a brutal killer on the loose after the murder of an aspiring model paula sladewski. they discovered her charred remains tossed in a dumpster we have what we are learning ckom the surveillance tape,ger:u next. not long ago, this man had limited mobility. last month, this woman wasn t even able to get around inside of her own home. they chose mobility. and they chose the scooter store! if you or a loved one live with limited mobility call the scooter store! no other company will work harder to make you mobile or do more to guarantee your complete satisfaction. if we pre-qualify you for a new power chair or scooter and your claim isn t approved, the scooter store will give you your power chair or scooter free. that s our guarantee. they were so helpful and nice. they filed all the paperwork, and medicare and my insurance covered the cost. we can work directly with medicare or with your insurance company. we can even help with financing. if there s a way, we ll find it! so don t wait any longer, call the scooter store today. few moments ago, tapeing from wisconsin when senator russ feingold held a meeting with voters, health care quickly became a toing and hot, too, including whether or not the question of health care on the table is constitutional or not. listen here, a quick sample. of all i need to know if you re a constitutional lawyer. i m a lawyer and i am chairman of the constitution committee in the senate. well, this was brought to my attention yesterday, and i did look it up in the constitution. it s under the bill of rights and i would like to quote this if i may. powers retained by the states and the people. the power not delegated to the united states by the constitution, nor prohibited by it to the states are reserved to the states respectively or to the people. ex-plankso explanation under this, this amendment was adopted to reassure the people that the national government would not swallow up the states. it confirms that the states or the people retain all powers not given to the national government. so how can this health bill be opposed imposed on the people of this country? not so, if you need help, also, helping the poor, i m not against that, or anything illegal, but maybe you could use the left over stimulus money that might help. [applause] i believe the feds should scrap this bill. there isn t any way the government [applause] there isn t any way the government can manage the care of 30 million people efficiently. bill: that is january, a mid january, in milwaukee, wisconsin. we re going to get reaction on that, wtmi in milwaukee helping us with that. martha: transportation secretary ray la hood is tote to launch a new campaign that tackles dangers of distracted driving. it falls you know what falls under that category, talking or texting behind the wheel, which seems to be going on pretty much everywhere. it is deadly in terms of a habit and it is a growing problem in this country. according to researchers at carnegie mellon, using a cell phone behind the wheel reduces brain activity associated with driving by 37 percent. 16 percent of all traffic fatalities are attributed to distracted driving, and in most cases that means something having to do with texting or talking on your cell phone in the year 2008. it amounted to nearly 6000 deaths that year. melanie weltz is live with us, tell us about this. you can t put a policeman in every car. this is a campaign called focus driven, specifically to raise awareness about the dangers of distracted driving, particularly texting and cell phone use, and the formal announcement of this group is going to come out this afternoon. this started after a two-day distracted driving summit in washington last september, organized by the transportation secretary ray la hood and he said he heard the heartbreaking stories of families who lost loved ones to distracted driving and it was a call to action. actually let s put up the websites for this, focus driven.org and distraction.go investment, the transportation department provided legal and policy support to help start this group, martha. martha: i understand in some ways, they re a parallel to drinking and driving in terms of how it lowers your capacity to focus on what you re doing, and some of these founding members have similar stories, tragic personal stories that are akin to the ones we ve heard for years about drinking. sphwhroo absolutely, the campaign is model after mothers against drunk driving, there are mothers and families taking the lead and trying to change the attitudes about texting and cell phone use, who are the founding members. the head of it is jennifer smith. her mother was killed by someone talking on a cell phone in 2008, and she has an outspoken advocate against distracted driving ever since then, martha. martha: it s a big, big and growing problem, as you say, in this country. melanie, thank you very much. bill: a big topic around america s newsroom , we talk about it all the time, warning folks. you remember the tylenol cases? martha: sure do. bill: i remember, i was young. martha: very young. bill: incredibly young. it scared the daylights out of me. buying it off the shelf, putting it in your body. wow. in the meantime, senator harry reid says he s sorry but is not going to dwell about his comments about president bin laden and race. in comoments, minority leader mitch mcconnell weighs in on the controversy you can watch the entire event, fox news.com, streaming it live. we re back at the top. hour we re back at the top. hour with more stories. on wii one night. 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(announcer) family moments cost less at walmart. wii and ea sports active at unbeatable prices. rated e for everyone. save money. live better. walmart. martha: all right. good morning again everybody. it is time to put this controversy behind us. that is what white house and senate majority leader harry reid would like to see happen with the racially charged remarks that have come out on the part of senator reid with regard to the part of the senate. right now waiting for news conference mitch mcconnell he may very well get some controversy about this surrounding harry reid. brand new newsroom, i m martha maccallum and i m bill hemmer. when harry reid comes out and about and makes the comments he did a lot of ways continues to put some fuel on that. some republicans in washington too still focused on the reid remarks today and this cannot be helping the senator s election status back home. look at this poll out of reid s home state of nevada. his unfavorable ratings among voters 52%. he s facing a tough reelection bid this year. indeed he is. anita vogel is in las vegas. what are you hearing from the voters and the people on the ground there? hi there martha. remember harry reid is a four-term senator the people in nevada know him. they know him well. they believe they have a good sense of who he is. we have been on the ground here since yesterday. sampling people s opinions. most people tell us certainly these comments were very regrettable but he has apologized to the president and the president has accepted that apology and perhaps we should move on as a country. certainly there were others that were not so kind saying you know what maybe this shows harry reid s true colors and maybe we ll be a little more cautious next time around when we go to vote for him. it s worth voting mary reed is also getting some support from some unlikely places. his republican colleague in the senate. senator john enson of nevada yesterday saying the g.o.p. should back off harry reid and leave him alone and that calls for his resignation were just wrong martha. martha: that east that s interesting given the background there as well talk to me about political observers in nevada. this reelection bid was in trouble before any of this ever happened. reporter: that s right these unfavorable ratings you talked about those were taken before all of this happened. certainly we can into political science professor from nearby university here. he told us harry reid is unpopular here and largely that s because of the economy. remember the unemployment rate in nevada is 12.3%. the 4th highest in the nation. but one of the interesting things he said is that harry reid is a politician nevada yans love to hate yet they keep re-electing him in part because he delivers for nevada. most recent example of that is his role in saveing the city center. credited with helping save the city center talking to the banks on waut wall street and helping to get the financing when a lot of the ceos of the gaming industry here couldn t do it. in we spoke to a couple of the ceos who describe themselves as conservative republicans yet they say they will go out and campaign for harry reid. so i think the message there is don t count him out. she a former boxer and he s going to go down fighting martha. martha: yeah, no doubt about that. this is going to be a fight to the fin we ll be watching it very closely anita vogel. thank you very much from las vegas today. bill: getting a lot of attention on line. we put a survey on our website at foxnews.com. more than 150,000 people so far have logged on to take our survey that says are democrats practicing a double standard on racism? 92% say yes. you can also post a comment too on line we re getting a lot of those too aren t we? martha: yes, a lot from viewers as one one viewer in colorado said republicans just want reid out of the way doesn t matter reason it s all partisan politics according to one viewer. bill: also this out of reid s home state nevada this comment, it s time the double standards stop any time a republican says anything even close to racial the democrats are calling for his or her head. you can still vote at foxnews.com. you can also leave a comment if you d like. log on now. in the meantime shaping up to be a fight to the finish in the race for a critical senate seat. republican scott brown polling about nine points behind the democrat martha coakley in the state of massachusetts and both vying for the lead senator ted kennedy s post. with brown promising to stop the healthcare bill in its tracks in washington well, the base states trying to rewrite the rule book again to keep them away from washington. from the commonwealth molly is live in boston. how critical is this to the health kaur reform efforts that may or may not happen molly? pivotal race really heating up in the final weeks the final debate held last night a little more sparg than we ve seen previously. the issue at the center is the same political strife in washington. healthcare scott brown. would be the 44th vote could end the filibuster send this back to the drawing board martha coakley the democrat saying she ll be reline 60th vote. health care reform bill pivotal here in the state of massachusetts and means a lot. what s at stake is essentially the plans of power in the u.s. senate in washington. bill: for the republican to win it would truly be a ground breaker however we mentioned they re trying write the rule book again. what does that mean? well, essentially the current legislator in place that s holding ted can t did seat. interim senator. said after the election even if scott brown is elected and he had a chance to cast his vote before scott brown was actually in office he would do so for the healthcare reform bill. said he s standing in for ted kennedy and that s the vote he said he could take given the chance. scott brown said he should be able to get in place quickly enough to cast his own vote he said would be the 44th vote against health care reform. but really would all come to pass only scott brown wins this election. boston globe martha coakley up by 15. rasmussen up by 9 points the public policy poll has scott brown up by about a point. there s a dead-heat in that rp. this is more of a race than democrats were expecting. will be very interesting to see how things go on election day. see how things go in the commonwealth of massachusetts. thank you molly. live in boston. martha? martha: big story today some disturbing findings have now been revealed in the pentagon review that is just out of the shootings at fort hood. the report says that doctors who oversaw major nadal ha lick hasan s medical training they frequently expressed their concerns about his views on islam. yet despite this he kept getting positive performance evaluations and even promotions. hasan is charged as we all remember with killing 13 people during a shooting spree at a military base in november and yesterday on a slightly separate note fort hood opened a hall of remembrance paying tribute to those fallen soldiers and to their families. organizers hope this will promote awareness of the survivor outreach services center. the center supports the families of soldiers who die while on active-duty. bill: meantime a u.s. navy s.e.a.l. is going back to iraq for trial. petty officer jonathan keefe set to face a court-martial at camp victory in baghdad. keefe was one of three navy s.e.a.l.s who captured the man suspected of masterminding the murders of four u.s. security contractors. the body of those contractors burned and strung up on a bridge in the town of fallujah. one seal is accused of punching the captured suspect. keefe by the way is accused of trying cover it up and a military judge ruled he has the right to face his accuser but the detainee will not be brought to that trial so keefe s trial will not be brought to the u.s. rather so that is the reason why keefe s trial is taking place at camp victory in baghdad. martha: and a fox news exclusive now going straight to the top in the search for answers for the latest terror problems that have been flowing through yemen. fox news sitting down for a one-on-one with yemen s foreign minister. his government talking about the dialogue that they are trying to engage in with al-qaeda. claiming they are clamping down on radical islamic schools in yemen. this as fighting is raging on in the north our own greg palkot is streaming live for us from sana a in yemen. greg, good to see you. reporter: hey, martha. first to that fighting you made reference to. yemen is really a country in turmoil. one problem a shia muslim insurgency in the north the latest reports we are getting today is that yemeni counterinsurgency forces have killed 20 rebels and arrested 25. in a town called sada. also told yemeni soldiers were killed in the fighting in this region and thousands and threats to suck in regional neighbors. but the biggest concern in yemen certainly for the west and also the go government here is terrorism. fighting al qaeda. that is the topic of my conversation i had today with the influential yemeni foreign minister al-qirbi. a hot-button issue in yemen and the united states in the last couple days could yemen see u.s. boots on the ground in substantial numbers in the future. already some u.s. strangers. here is the minister s noncategorical reply. take a listen. president obama said and what mr. pe tray yis mr. petraeus has said come to our position the fight against terrorism should be responsibility of the yemeni government and the yemeni armed forces. reporter: as for whether another christmas bomber could be prevented nigerian abdul studied here in yemen and also trained with al-qaeda. the foreign minister admited a little bit of tightening up in this country might be in order. take a listen. more restrictions on people coming and studying at some of the institutes in the past we looked at it as basically teaching experience rather than being recruited for terrorism. reporter: finally, following a comment martha this past weekend from yemeni president salah that dialogue with terrorism might be a possible. i put it to the foreign minister have been criticized in the past could have the potential to go soft again. his answer you guessed it a flat no with a little bit of nuance. he said we have our own aproef. we have our own strategy. back to you. martha: great interview. very interesting greg. thank you very much. greg palkot reporting from the ground in yemen. bill: back in this country now a would be playboy model find dead in a dumper dumpster police describe paula sladewski s murder as brutal and sadistic what meeting know about her murder in minutes. and fight over gay marriage in a aurt courtroom this morning but the cameras have now been thrown out. the reason why is next. bill: police in miami florida warning people a sadistic killer is on the loose there and might strike again. that comment to fox news from the north miami police department regarding the murder of this young aspiring model paula sladewski. the body of the 26-year-old burned beyond recognition tossed in a dumpster. sladewski was last seen in the early morning hours outside north miami nightclub on the third of january. now, police are hoping that this survey lens surveillance footage taken outside the club will offer them clues. sladewski has long blonde hair and appears she left with unidentified man after she had an argument inside the club with her boyfriend. he left went back to the hotel they say. hours later she is found about 10 miles away in that trash bin seen here. anyone with information asked to call crimestoppers 305-on the screen. 305-471-8477. that surveillance tape might be their best clue yet. martha: all right. well, the supreme court temporarily stopping plans to post video of california s proposition 8 trial on the internet. federal court will decide if the prop 8 gay marriage ban violates u.s. constitution rights of equal protection and supporters of prop 8 are fighting hard to keep that footage of the trial from going public. here to tell us why is jordan lawrence. he s on the legal team defending the california marriage amendment. lawyer lawrence is also from protect marriage.com and alliance defense fund. good to have you here sir. hey martha. martha: welcome. tell always little bit about why your side of this equation does not want this trial televised. well, i think there s mainly two reasons. obviously a lot of interest in in case. one is to keep this from evolving into something contentious and circus like. we ve been arguing this case shouldn t even be in court. that the type of information that s coming forward is better suited for a political campaign. california already had that, seven million voted for it so to try to awkwardly shoe horn this into a trial setting for constitutional law just really doesn t fit. but probably the more important reason is we saw all the violence against supporters of prop 8. you know, i mean, there s signs ripped down the donor base is being searched so people could boycott restaurants that donated for as little as $100 to the campaign we re concerned that witness would be reluctant to testify if they knew their face is going to be blasted all over youtube and what could happen to them. even the pictures themselves could be altered. martha: right. just so people around the country are clear, supporters when we talk about supporters of prop 8 we re talking about people who believe that same-sex marriage is unconstitutional. so talk to me a little bit they believe marriage should be defined as a man and a woman and the opponents of prop 8 who are challenging in court are the ones that have been inflicting all the violence on the supporters of prop 8 the traditional marriage people. martha: give me some specific examples. i ve heard people have been subject to vandalism. what kind of things are happening and who do you think there s a broad-spectrum of people on both sides of this argument. who do you think is responsible for this violence and this intimidation of these people who are supporters of proposition 8 in traditional marriage? i don t think there s some organized effort, organized thug ri or something like that. but i think if you keep feeding out there people who believe in traditional marriage are bigots on the level of klu klux klan denying people their rights that fiery wroefer wrought rhetoric i think encourages people to these acts. there s a famed video out there of the old lady holding the sign saying support yes on 8 and people rip it out of her hands and rip it up. the donors that i was mentioning where even a small donation would mean that there were websites that were pulling these people s names up. publicizing them and if they were linked to businesses they would get calls and say do you know one of your employees donated to yes on prop l. prop 8. you should fire them it let s boycott this restaurant this type of thing. people think they re participating in the political process instead being retaliated against. that could have a very damaging effect on the trial. one quick question about ted olson the former solicitor general in the bushed a mip vags is supporting administration is supporting the right to same-sex marriage in this case. he thinks it would be unconstitutional not to do so. just a quick thought about that from you sir. ted olson is a great attorney but i think he s wrong on this and when this case is all over with i think the courts are going say prop 8 was a legitimate reasonable public policy decision the constitution allows california voters to make. all right interesting to watch the outcome. thank you. meantime president obama says he has plan to get billions in bailout dollars back. slapping fees on wall street bigwigs but wall street firms were not the only ones bailed out what about the other corporations in america? are they now getting a pass? stu varney breaks that down in three minutes.ge o glovebox a. anncr vo: .you can get help with a flat tire. anncr vo: .find a nearby tow truck or gas station. anncr vo: .call emergency services. anncr vo: .collect accident information. anncr vo: or just watch some fun videos. anncr vo: it s so easy, a caveman can do it. caveman: unbelievable. caveman: where s my coat? it was suede with the fringe. vo: download the glovebox app free at geico.com. introducing aveeno ultra-calming with active naturals feverfew. we know feverfew. has properties that help neutralize irritation. to strengthen skin and calm redness in just one week. discover new aveeno ultra-calming. spread a lile love my way spread a little somethin o remember spread a little joy and see need a little happiness to be living the life with me spread a little joy and see need a little happiness to be living the life with me martha: an ecco activist threatening to attempt a sens arrest of a citizens arrest of a japanese whaling vessel paul watson of the sea conservation society is trying to force the hand of the australian government after this incident last wednesday which you saw here on america s newsroom you can see the sea shepard boat getting run over by a larger ship. says if australia doesn t press charges against the vessel his group will be forced to take matters into their own hands. the japanese say the collision was caused by the antiwhailing whaling acty viss as you watch the boat coming to ward it. you can see the wake behind it, clearly it was not heading in the other direction or trying to get away. that boat is incredible. bill: yeah, it is. cool. almost looks like it could take off right from the water. fly away. a. yeah. bill: waiting for that video next time on america s newsroom right lizzy? president obama has plan to recoop some of the money you the tax payer may have lost when the banks and wall street were bailed out about a year ago. that plan which could raise about $120 billion might be ignoring another a number of other industries that took the taxpayer money from uncle sam too. so stu varney is here to talk about that from the fox business network good morning to you. here s the idea coming out of the white house. they re going the raise fees from the banks to make up for the t.a.r.p. money. what kind of fees would that be? total of $120 billion. fees, taxes, call it what you will. bill: is that an atm withdraw or withdrawal or more than that that? 120 billion is what is being bouldenered about so to speak. banks and ban e are highly unpopular so are deficits so levy a big fee or tax on the banks and use that money to cut the deficit that makes good politics of course rather punitive on those nasty bankers left out of this deal are the car companies general motors and chrysler got over $50 billion from the t.a.r.p. money they haven t paid it back. no taxes or fees on them. how about aig the insurance company. got well over $100 billion. no taxes or fees on them. then there s the housing agencies. fannie and freddie. absolutely no fees on them. they ve got an unlimited bailout. no taxes and no executive pay restraints. only on the big bad bank. many of which have repaid all the t.a.r.p. money with a profit. bill: sometimes with interest too right. yes. bill: is wall street an easier target? it s a popular target put it like that. banks, bonuses, bailouts, they re very, very unpopular. this is a way to take some money off of them and to put that money towards equally unpopular deficits and deficit reduction. but look bill. beware of the law of unintended consequences. you take $120 billion over the off the banks that s going to be passed along to you the in forms of higher fees on checking account and there will be less money available from the banks to make loans to small businesses. bill: when robert gets to the podium at the white house and says wall street continues not to get it. that h this is a populace call. pure pop lis m i have to call it that. yes, i do. these banks have repaid the t.a.r.p. money. many with huge interest. huge profit to the federal government. okay. they want to pay out big bonuses. the pay czar has something to say about that. they are unpopular. this is political populism basically. bill: all right stu thank you. keep an eye on the other industries will ya. yeah. bill: let me know if that moves at all. stu varney see you at 1:00 fbn. foxbusiness.com you can read about the federal reserve earning record $45 billion from employees last year. smells like another story on that one. martha: let s call stu back. get back here. for months congressional democrats is raceed to pass health care reform as we all know but during that time if you take a look at the polls the public support for those plans have been sinking. some polls have hit new lows just last week in support for the healthcare plan so it raises the question why are democrats going through with it in the face of these declining numbers of interest in this plan. democratic congresswoman debby will be joining us and asked that question when we come back. bill: back on healthcare 10:30 here in new york. if you look at the recent polling numbers support for the massive overhaul of the healthcare system seems to dwindle by the week. from rasmussen report 4s 0% favor the reform against 55% against it. if the majority of americans seem posed why are lawmakers in such a rush to pass this one through? congresswoman debbie wasserman schultz back with us today. welcome back to our program. good to see you again. thank you bill. good to see you too. bill: pretty simple question. why? affordable. accessible. affordability for the middle-class because we have skyrocketing health insurance premiums accountability for the insurance industry who essentially rapes and till larges the consumer and has their way with them and focuses only and exclusively on profits it seems and accessibility so we can make sure the 47 million americans that don t have health insurance are going to be able to get and it we re going to be able to bring down the overall cost of healthcare. so pretty simple answer. bill: poll numbers during the introduction. here s another one. when asked whether or not the quality of healthcare gets better or worse or stays about the same. 52% in the survey say it gets worse. how do you address that? well, you know the way we ll address it is that when healthcare reform passes and we re going to be able to provide security and sta bullty to those who have health insurance because right now i tell you when i come home to my district bill and i m either on the ball field with my kids or in the supermarket grocery shopping. it s inevitable someone will come up to me and have angst about the 15, 20% increases that they have. whether they re small business owners or whether their own premiums as an employee are going up. we re going to be able to provide that security and sta bill city and security and stability are a pretty good way to help people embrace reform. when they see the impact on their lives, the quality of their lives i think the people who have concerns about the bill will, their opinion will turn around. bill: i hear your argument. i just want to show you one more polling number from the same group of folks who did this. sure. bill: when they were asked whether or not they thought healthcare would go up, go down or stay the same, 57% believe they re actually going to pay more. now, these are healthcare costs you just referred to in your previous answer. what do you say to that 57% who are already convinced they re going to be paying more out of pocket? honestly what i say is on any given day there are a variety of different polls. snapshots that are taken. i think we need to make sure that the american people take the wait-and-see attitude i know they will take and this is incredibly important thing. it s important thing for job creation. important thing for deficit reduction and an important thing so we can get off the roller coaster ride that insurance coverages in america. it s just wrong that insurance companies continue to be able to drop you for preexisting condition. drop you when you get sick. put a lifetime or annual cap on how much coverage you can get. charge women more simply because of their gender. those days are going to be over. and when people see those trace over i think their attitudes will dramatically turn around. just one more second. i honestly think that the majority of the american people look forward to reform and i m not sure i really trust those polls. bill: one more thing. if i m part of that 55% or i m part of the 52% or if i m part of the 57% i m sitting out there in tv land and wondering what do you know that i don t know? what makes democrats in congress or at the white house smarter than the clear majority of those that were surveyed in this poll across the country? well, the leadership in this country has been trying since teddy roosevelt to pass comprehensive healthcare reform so we can give access universally to healthcare coverage for everyone. at the end of the day i really think americans will take a wait and see attitude. see the benefits of reform which will include reducing their costs, increasing their coverage. providing affordability, accountability and accessibility. bill: in the end you might be right. but so far they re not convinced. you re a champ for coming on today. that s my responsibility as an elected official. you re a champ for coming on today and defending it. debbie wasserman schultz thank you for coming in today out of davey florida. thank you. martha? martha: another one time champ and a fighter a former boxer. senate majority leader harry reid says he is dismissing the rue nors he will retire in the face of a losing reelection bid similar to the path that was taken by connecticut senator chris dodd. listen to this. moments for each elected public official to step aside and let someone else step up. this is my moment to step aside. martha: so that is clearly not the mood harry reid is in. he was behind in the polls actually before all of this hubbub over those racially insensitive remoshgs that remarks that were made about president obama in 2008 new survey there s potential g.o.p. challengers would beat him in a general election. live in washington. shannon, break down the latest polling for us for harry reid. how does the picture look for him right now? reporter: martha, it is not good. these numbers and the polg was done before the controversial comments surfaced this weekend january 5-7. yeah, he was already in trouble. first let s hook at how voters view reid in nevada unfavorable up to 52% now. his favorable is stuck at 33% and neutral are at 15% those are the lowest numbers so far for the polling organization the painer there las vegas revie paper there las vegas review journal for him in this race so they re not good lett let s look at the g.o.p. match ups he has. a deficit with sue louden she s been state party chair there top contender at that point he s down 10 points to her. danny another businessman in the area son of famous basketball coach jerry. he beats reid by 8 points head-to-head right now and sharon a former state assemblywoman doesn t have a whole lot of state recognition when it comes to her name she even beats reid by 5 points. these numbers are not good. martha: no, they don t look good at this point. as many fall elections the independent voters are going to be key. obviously there s been a lot of challenges in terms of employment rates in nevada. the healthcare issue is a biggie in nevada as well. how are the independents looking to come down on that? it s interesting the numbers show the independents are not going to be kind to reid at least at this point. we are looking 10-11 months out but if the election was held today and the polling in the head-to-head match-ups with g.o.p. candidates on a quarter of the independent voters would go with read. more than half of the independent voters say in any of those match-ups whether it is louden. or others they would go with the g.o.p. candidate they could keep the election in the fall and right now it s another group that just does not seem to look good for reid and again these numbers are coming before the latest round of comments he s had to deal with certain i not a help to his reelection campaign. martha: he s probably glad november is a ways away. plenty of time. martha: a lot of time for this game to change. thank you very much shannon reporting from washington. i can t remember a story that s gotten this much attention so quickly. on our own website fox news foxnews.com we want to know what you think about the remarks on race and president obama more than 150,000 people so far have taken our on line pom that might be a record. martha: might be a record we should find out. you can head to foxnews.com and answer vary question are democrats practicing a double standard on racism on this question. right now 92% are saying yes and if a republican had made those remarks a lot of people feel there would be a far different response. bill: 150,000 and counting. log on right now foxnews.com. remember the scare over lead-tainted fris china. now china is deporting a toy containing a substance night be more toxic. marc siegel tells us what that is and how concerned you should be as a parent. in only three minutes. my mother made the best toffee in the world. it s delicious. so now we ve turned her toffee into a business. my goal was to take an idea and make it happen. i m janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. [ robert ] we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. but there s one that makes your skin look better even after you take it off. 98% of women who tried neutrogena healthy skin makeup thought so. does your makeup do that? neutrogena cosmetics. good morning everybody i m jane skinner with jon scott see you at the top of the hour. we ll take closer look at harry reid s tough race for nevada. talking to a republican who hopes to face off with him in the fall. if you like college basketball a name you might know danny will be here. if you watch us often enough jane won t let me forget the time i was texting while driving and did some damage to the car but it s serious problem in this country. there s a new effort to stop drivers who are distracted while driving. we ll tell you the real cost of this straight ahead on happening now . martha: an oklahoma paramedic is behind bars today. arrested after a second run-in with the law. 56-year-old morris white jr. booked for speeding not having a driver s license and then on top of it all resisting arrest back in may. this video captured a scuffle between white and oklahoma highway patrol trooper back in may. remember this? the trooper stopped his ambulance after the driver made a obscene gesture . white and the trooper went head-to-head on the side of the road. white was not arrested during the confrontation filed a lawsuit claiming the trooper violated his sufl rights and that case is pending. video. bill: how about the confessions of a tv journalistings. jon scott right there martha. martha: want to know what happened with that one. bill: follow up to that story mr. scott. there s a potential new health scare that could threaten your children. makers in china now using cadmium in production. can find it in disney princess and the frog a pendant on screen here and other toys for kids from the fox medical a-team dr. marc siegel. good morning to you. cadmium is what? cadmium is a very soft compound. it s like lead. it is found in the earth. easy to work w. the problem is back in 2008 congress said you can t put lead in any more of these toys so chinese manufacturers have been slipping cadmium in. bill: cadmium replaced the lead and they continued to make the product. i ve got to tell you bill this is a big story and i ll tell you why. i looked at this first and thought here s another story about trace elements. something that s been added a little bit of this tiny risk this is a big risk. cadmium is 10 times more toxic than lead or mercury. we spend so much time worrying about mercury. cadmium is 10 times more toxic. it can cause brittle bones it can hurt your kidneys and cause digestive problems the worst part in young kid it can cause developmental problems. problems delay in school. this is a big, big problem. car sin john carcinogen like lead can hinder brain development in the very young. that s right. i m glad you brought up the cancerous with this. big cancerous with this. young kids have a charm bracelet they suck on the charm. the world health organization discovered if you suck on one of these charles over a day you have as much cadmium you re taking in as they recommend you get in an entire year. this is a big risk. bill: you walk in the studio and said you know what i was looking at the story and it s bager story than i thought it was. the charles rudolph the red-nosed reindeer the charles had 80-90% cadmium. that it s lot. who s regulating this? feds have a law you can t use it in pages. let me explain how this is used cadmium is used in industrial processes. we add it to paint. added to electro lights added to electric plaelt plating it can be use for charms and plastics and metals but problem is only regulated in paints so these guys get away with it. i said previously the fda sunlt doesn t have enough teeth over there in china to begin with but we need laws to prevent these from selling i think it is very dangerous a. imd reading one of the top 10 hazardous substances. how would you as parent know it s even in a proub product you were buying for your child? that s one of the biggest problems of all. that s why feds have to go after this kid ouled get exposed to it and not doing well in school. you may not have a problem with kidneys. broken bones or kid gets diarrhea could go to 10 doctors and they re not going to tell you we need to nip this in the bud. ap did a study they took products from new york, ohio, texas and california more than 100 products found 12% of the pieces they tested contained this cadmium. you know something else bill, what if i cold now zinc was almost totally safe. would not know that. that s what they should be using this is another example of some toxic product being slipped into what our kids have in another country. i m very, very concerned about this. but i don t think that it s a minor problem. i think it is ten times greater problem than mercury. all of our people out there talking about the mira sol and mercury we should be talk about cadmium. bill: two more questions for you is cadmium cheaper than zinc? that s another issue. that s why they re using it. much cheaper than zinc. cheaper than lead. one of the cheapest substance around. heavy metal very damaging to the brain and the nerves. that s its primary problem. that s why i said it gives kids problems with thinking. talk about developmental brains. these brains in evolution they don t toxins. bill: you say we need a new law. how can we restrict what china is doing? we need a law on our end just like congress passed a law in 2008 that you re not allowed to sell products over the counter that have lead in them we need the same law to apply to cadmium. cadmium is much more dangerous and second point i think the fda has to do more. more teeth teeth to go over to china and look at the plants. apparently big speech by a regulator in hong kong to address this very issue. your message to parents who are watching is what? my message to parents is not to panic. i m not really saying you re likely to have had this but if your kid has a charm bracelet you should look very carefully at this and really, really track it down. the products this is found in are now listed. you can get this on federal website on the fda and other federal website. fda.gov where you can track this and figure out if your kid s been exposed to it. but it s most likely if it s in a charm bracelet. thank you mark. good to see you from our fox medical team. thank you. dr. marc siegel. martha? martha: fox news is on the job hunt. today it s all about a hot clothing chain that got its start on the west coast. adam housley is here to tell us about it live from los angeles. hey adam. reporter: clothing with a conscious how three brothers in southern california make clothesing helping across the globe including here at home that story coming up live next on the channel. , unlock a sensory wonderland, overflowing with an amazing combination of seven tantalizing flavors your cat craves. friskies signature blend. feed the senses. bill: we have more of this videotape out of milwaukee, wisconsin late last night. well don t a preview ma what could be the campaign trail for democrats next fall. when senator russ feingold tried to sell constituents on the value of the healthcare bill last night some were not open to that argument. you will hear from many in the audience during this clip mixed in with voice of senator feingold. so roll this and we ll listen together. how many believe this bill is a significant benefit to wisconsin? liar, liar! ouled you like ouled you like to hear why? i can document this will involve several hundred million dollars of additional reimbursement for or state state with regard to people who just above the educated level. in the bill i ve got the actual e-mails we the people don t want it. republicans agree with. secondly the bill will involve hundreds of millions of dollars for wisconsin and changes to medicare reimbursement formula that has ripped off wisconsin since 1980. liar, liar. we don t want it. we the people don t want it. this is good for wisconsin. it will be worth hundreds of millions in those two areas. carol followed xblm that was last night. sample there this is mid-january where it is darn cold in charles schwab cup, wisconsin. witi and our fox affiliate reporting that. we will follow up with that throughout the day today. martha: look at the emotion on those people s faces a lot of confusion and concern out there. that s evidence no matter what you think this side of the debate there s a lot of concern on the faces. bill: a lot like august and september. martha: all right to los angeles now where three brothers took their dream on a little thread and grew a clothing company that improves life for people around the world. adam housley is there to tell us all about it. hey adam. reporter: hey martha going to-you some clothes they re making here. this is one of the jackets they made that is out right now. you talked about it three brothers who really want to do clothingñfá(kqi dales and other american rag for example and also do private labels as well martha. martha: talk to me a little about how they got together and what they re their hope is for the future. i want to show them to you as well. they re over here to my left. all right. the question from new york from one of our anchors how did you all get together. whose idea was this and how did it start? i think that s a question for rand. we followed his lead as the designer and the older brother. how did this all get going rand? just always had a passion for how products are produced and working with artisans to create relevant products to our market and just kind of followed our passion and found ourselves in this business. reporter: it s a great business. there s a number of countries across the globe. you re in nepal and also india. yeah, hor dur ras, throughout the states. uganda. about five countries. nonprofits on the ground they go to these place you just came back from nepal they go to the places and make sure the swroeshgs proper working conditions. as they put it teaching one to fish as the old saying goes rather than giving someone a fish. the clothes are great too. a lot of the guys in the office are like where can i find them we ll put some stuff on line later on and show you where you can find their website and that kind of thing. martha. back to you in new york. martha: very interesting story to meet those guys good luck to them adam. more head over to foxnews.com click on the link what s hot tableau kated under the search bar top of the screen and there you ll find up to the minute information on all of the job hunt retail. martha do you like spiders? not particularly but not really afraid either. bill: that s good in a moment we have a huge, huge spider about a half foot long. might be a little scary. bill: and we found it. it s not fun. my dry skin is deep down uncomfortable. [ female announcer ] new neutrogena moisture wrap body lotion wraps and seals hydration deep inside, improving skin s condition 2x more than eucerin original. heal on a deeper level. [ female announcer ] new moisture wrap body lotion. bill: scientists have discovered a new species species of one of the largest spiders ever in southern come, it s nearly six southern israel, it s nearly 6 inches long. martha: it has a large face on it. bill: could be endangered. martha: endangered species? we should protect them. bill: a new pet. martha: please! bill: check it out. looking at you. martha: it could have actually facial expressions while it s staring you down. bill: we just got past the last two hours without a single reference to conan o brien or jay leno. martha: in the commercial break, we d. though. bill: see you tomorrow, everybody. jane: and good morning, everybody, i m jane skinner, along with jon scott, happening now , majority leader harry reid says he s not backing out. one opponent that s face him in the fall joins us live.