we'll have -- [ talking over each other ] >> i don't think any reporters are on the ray. >> don't think so either. >> girl or not. >> that does it for us. >> have a great day we'll send to you washington now and shannon bream. if his record was so great of governor of massachusetts why didn't you run for reelection? if you didn't want to tan before the people of massachusetts and run on record, why did you bail out? >> now i have the opportunity i believe to use the experience i have. you have a surprised look on your face. wait, it is still my time. >> are you going to tell people you are not going to run for reelection if you win? >> it is still my time. the gloves are off. second of back-to-back debates wrapping up a short time. mitt romney's rivals have the same game plan, take down the front-runner. i'm shannon bream in washington we have

new hampshire covered. carl cameron, steve brown and molly line all out there on the ground in the state that holds the nation's first primary tuesday. carl cameron is live in manchester. >> reporter: well, we've had two back-to-back debates, historic undertaking, particularly on the final weekend before the votes. last night it was feisty. most of the candidates running against mitt romney chose not to go after him. instead they went after each other as if there was a battle over who would be the conservative alternative rival. this morning there was a second debate. suddenly, mitt romney was squarely targeted by all of his rivals. here's a sampling. we want someone who going to stand up and fight for the conservative principles, not bail out and not run and not run to the left of ted kennedy. >> can we drop a little of the pious baloney? you ran in '94 and lost that's

why you weren't serving in the senate with rick santorum. dropped out of office. >> reporter: there was an interesting moment last night that continued into this morning. john huntsman and obama administration ambassador to china, suggested that mitt romney doesn't understand trade and there was spoil and pick a fight with china than create a trade war romney denied that and said he would be tough on china and anyone questioned whether it was wise for republicans to consider as their nominee a man who served in the obama administration and implemented obama administration policies overseas. this morning, huntsman took his shot back >> he criticized me while he was out raising money for serving my country in china, yes under a democrat like my two sons are doing in the united states navy. they are not asking what political affiliation the president is. i want to be clear with the people in new hampshire i will

always put my country first. >> reporter: when romney reiterated that he thought service to the obama administration want a great criteria for a republican nominee hunts -- huntsman's response drew big applause he said that's what is dividing this country. huntsman got a big round of applause. worth to note today while huntsman and romney continue to campaign here, the campaign is moving to south carolina. later this afternoon, newt gingrich, rick perry will all be down there campaigning, rick santorum going there as well. they are also preparing for the battle beyond the granite state suggesting win, lose or show, -- win us, lose or draw, they are going to continue to campaign after new hampshire. look at this, all the candidates are getting hoarse.

>> you need a cup of tea it is exhausting and freezing out there. carl, thank you for being such a trooper. >> reporter: no problem. steve brown also on the ground there in new hampshire in rochester tracking the undecided voters. the independents could be a wild card in the primary and could be the key to wing the whole thing. do we know if both debates helped the undecideds make up their minds >> reporter: poll research recollected suggest that it does. we did talk with one young man who described himself as an independent. spent last night watching the debate this morning watching the second debate said he's leaning romney he just needed to come here to seal the deal. >> i'm hoping today will do it for me. seeing mitt romney hopefully, discussions and i'll be interested to hear some of the

questions that the rochester community would have for him. and i'm hoping today will put the last nail in the coffin, so to speak, in terms of my vote. romney, paul and huntsman are the folks that do the best amongst independents here. tracking them is a difficult thing because they come in an array of political persuasions. there are conservative moderates, conservative independents, progressive or liberal leaning independents as well. polling suggests that maybe 40% of the primary voters coming up on tuesday those could become independents. a little bit more difficult to track down, but yes, definitely interested in the debates. definitely watching last night. maybe a major factor in the outcome coming up on tuesday. >> steve brown, thank you. coming up later, we are going to talk live with newt gingrich about his

performance in the debates and ask him how he plans to get back to the front of the pack. >> where do things stand now? this is according to a suffolk poll out today, two days before granite state voters cast their ballots. romney's lead narrow 15 points in that poll over texas congressman ron paul, john hunts in third, santorum fifth. an average of several recent new hampshire polls give this picture, romney 20 point lead over ron paul. rick santorum in third, followed closely by huntsman then newt gingrich. rick!,& perry not campaigning n new hampshire, he is a distance sixth. one of the people watching closely is new hampshire congressman frank guinta he has something every gop hopeful wants his endorsement. the only member of the delegation who remains publicly uncommitted. i spotted you last night.

>> it is a pleasure to be back with you. >> last time you were with us, i said when you are ready to endorse please come back and let us know. have you reached that point? when will you go public? >> i went to the last two debates and was rather intrigued and impressed by some of the candidates' positions today in this morning's debate i'm going to make announcement later this afternoon about my decision and what i can say is i think we've got a field of good quality candidates many of which deserve a look at new hampshire voters and america's voters and the focus has got to be making sure that we nominate somebody who can beat president obama. >> what swayed you in coming to a conclusion about who to endorsement? >> -- who to endorse? >> part of our process is make sure we have candidates come to new hampshire and listen to what they have to say and get an opportunity to ask them specific questions that only happens the closer you get to

a primary. what is situation my decision right now is those final q & a and back and forth decisions that occurred earlier this morning. >> how much impact do you think it has on new hampshire voters? two debates back-to-back almost lightning speed and how quickly the candidates have had to wade through. do you think voters are tuned in to those and how much impact will it have? >> they are absolutely tuned in. two different types of debates, last night much morrical lee , this morning more sparks -- more collegial, this morning more sparks were flying. i think people want to see who is going to be most passionate about mutting an economic plan together for our country, getting people back to work and making sure we have the vibrancy to beat president obama. people are energy advised, i just went to a restaurant before in manchester, people excited, they are talking the primary tuesday there is still

a lot of undecided voters. >> you used the word "passionate" describing positions that folks take. there's been a lot of debate negative ads, attacking candidates attack each other how does that kind of thing play in new hampshire? in iowa we heard from people on the ground they hated negative ads, although a lot of times we see that it works? >> i think the same occurs in the granite state. people don't care for the negative ads but it does have affect ultimately on how people think and consider who they are going to vote for. this is why it continues to occur. i would much rather see a substantive debate on issues that are most important. but you are going to see differences in these candidates trying to distinguish themselves amongst one another and they have every right do that. i would hope we continue to do it in a thoughtful and productive way. >> all of the polls show mitt romney has a very solid

lead in new hampshire, after some -- absent some catastrophy he will come out on top on tuesday. what about the next tier? ron paul still remaining in second. where do you think most of his support is coming from in new hampshire? >> i think there's a libertarian streak in new ham -- new hampshire that is strong and vie want and he has 20% of the electorate and staying in that number so he's right now in second place. see in the overnight tracking polls based on the debate this morning, santorum, gingrich and huntsman trying to vie for that last opportunity to jump ahead of maybe ron paul and try to challenge mitt romney. it will be interesting, 48 hours is a live time in granite state politics. you are going to see a number of these candidates continue to stay in new hampshire, focus on their message and earning the vote. we'll see how things shake out.

it has tightened. 48 hours ago mitt romney was around 44% now we see a new poll he's at 35%. things are changing. >> congressman, if you decide to make your endorsement public in the next two hours, we will be standing by. congressman frank guinta, thanks for your time. >> thank you shannon. it your turn to weigh in. who do you think were with the winners and losers from those two back-to-back new hampshire debates? tweet your answers we will read some of your responses later in the show. fox news has complete primary coverage tonight bret baier will host a live special report 6:00 eastern. then 8:00 eastern time megy in kelly joins him from new hampshire and you will get everything you need to know. in tuesday son, arizona today congresswoman gabrielle

give forces will join the community -- giffords will join the community marking one year -- >> reporter: any minute now bells will toll here across the city 19 times within for each of the victims shot one year ago today really down to the minute because 12:10 eastern time is when what happened in this parking lot where i'm standing now changed this community forever. this past year, virtually everyone has called congresswoman gabrielle giffords a true miracle. i have to say we saw that for ourselves last night as she and her husband visited the new memorial here at the safeway supermarket, for the first time since that fateful morning. exclusive video shot by fox news channel. she walked around, hugging some of the people here. just hard to believe that 12

months ago doctors didn't know if she would make it. very few with similar trauma fix brain injuries do. yesterday, it was a true honor for me to sit down with gabby's husband mark kelly, optimism shining through like always, already looking ahead to this next year. >> i don't have a crystal ball, i would like to get one, it would be nice. i think her future is really bright. she she has a decision to make about running for reelection before may. we are both hopeful about her future. >> reporter: kelly also told me today is not even about gabby in his opinion. it is about the six people who lost their lives, including a federal judge and 9-year-old christina taylor green, the youngest victim of this senseless shooting. >> there's no playbook on what

happens when you have such a tragic thing happen in your family. we didn't know how to really go about it. but what we did is, we started the christina taylor green memorial foundation. that gave us a purpose. >> reporter: a number of memorials are obviously planned across the city today, including one at 8:30 tonight eastern time where gabby giffords will be in attendance herself, a somber, yet celebratory day here in arizona. >> casey stegall, thank you. a newspaper out of iran claims the is ram lick republic has begun enriching uranium at a secret site shielded from any possible airstrikes. we've heard similar statements before. this report quotes a top revolutionary guard commander. another newspaper says iran is ready to shutdown the strait of hormuz if anyone tries to block the rejeep's

oil exports. more on this saber-rattling coming up later in the show. the race for the gop nomination may be a marathon this weekend has been a rat race two debates in less than 24 hours. did they change anything? we'll ask somebody who knows debates well. molly line is keeping an eye on the ground game in new hampshire. >> reporter: that's right n is the final stretch this is their chance to connect with the voters in the last final days not just about the debates about the candidates, organizational strength and what supporters are doing. i'll have that coming up. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition.

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the gop candidates and their campaigns are now focused on now convince new hampshire voters to head to the polls and vote for them on tuesday. molly line is live with more on the ground game. >> reporter: exactly this is the last stretch. what new hampshire voters are going to hear a lot of are phone calls. all of the candidates are going to hit the phone banks and try to convince any of those undecided voters that are left to get out and vote for their guy. let's start with governor romney, he has two big rallies today. one with governor pawlenty and the other with governor chris christie of new jersey. he's trying to show up in recent days that he has big name endorsements. senator mccain, governor haley of south carolina they've all been here. we spoke with professor smith he says romney has the best ground game, ron paul a close

second. newt gingrich today hosting a town hall working to appeal to hispanic voters taking time out to target that bloc of voters hoping to get them to head to the polls for him. jon huntsman in speaking with him he says he is hitting every corner of new hampshire. he has spent a lot of time here, more than any other candidate in the last six months or so. he says even -- whether or not that will payoff we will see tuesday evening after those ballots have been cast. ron paul who professor smith says has the second strongest organization in the state he has a lot of followers, young, ardent followers we saw one of his followers walk down the street with a fake neck tattoo that says ron paul revolution. he has a little of the counter culture element going on. he talks about changing washington we'll see if that pays off for him. two candidates are headed off to south carolina today, santorum and perry.

perry has the sweetest event of the day sunday event in south carolina. and santorum is going to greenville pore the more conservative parts of -- parts of south carolina. less than 48 hours to go before voters head to the polls on the part of those two everybody is working that's for sure. >> ice cream, such a good way to get people to show up. >> reporter: somewhere in there you have to flow dessert, right? >> exactly. thank you for camping an -- for keeping an eye for us, thanks. being commander in chief is less about having the discussions we just heard a moment ago, a lot of insider glob bull gook. it is about leading -- gobbledegook,. >> two debates within last night, one this morning less than 12 hours between the two. their last best chancgfv to sway

voters. did the debate produce winners or losers? michael, thank you for joining us what is -- which want to start with last night's debate. they felt very different. last night, winners, losers? >> they were very different. i think many were surprised that it was clear in last night's debate that nobody was vying to beat mitt romney in new hampshire. which was a battle for second place. we did see changes this morning. i would say the real winner certainly last night was mitt romney because he stayed above all the bickering that was taking place for the anti-romney nod. this morning, i think romney was able to hold his own amidst the attacks on him. they weren't that strong. i think it is still clear that nobody really thinks they can beat mitt romney in new hampshire. the issue is, can they finish strong in second place and

really make that case to new hampshire -- to south carolina voters that they can actually win that state in the conservative homeland? >> with that second place in mind, that's where ron paul is polling now, how do you think he did last night in trying to communicate effectively to a gop audience? >> i don't think ron paul was as effective as he needed to be. that's where rick santorum did go after him on the foreign policy issues that's what really gave santorum a huge edge in taking away votes in iowa. we saw ron paul had a very strong lead, at least in second place in iowa. the reason why rick santorum came in strong in part on the issues, was because many of those conservative voters were not willing to side with ron paul on foreign policy issues that's where rick santorum was able to strike a contrast. >> now, let's talk about the contrast between the two debates. you mentioned last night

mitt romney seemed to be calm, cool and collected. maybe some folks woke up this morning feeling like they should have taken more aim at him. it sounded like this morning they were loaded for bear, newt gingrich and some of the others really went after romney in a different way this morning. the former speaker has talked about the fact that he doesn't believe in negative campaigning. that said, he certainly had a lot to say. he said you can speak the truth in love, you can say it with a happy face. there were some more strenuous taxes this morning than we've seen from gingrich before. will that work for him? >> it is his only shot at regaining some of the luster that put him ahead in the polls earlier in iowa. we heard the speaker very down and out after iowa. rightfully so, after taking all of those hits in the television ads. you heard him refer to himself often in the third person at least refering to the republican nominee in his

speech after iowa. he really did a good job at least in shifting that more not first person in saying i'm the guy, i'm the reagan conservative who can win this election if you look at the contrast the way these candidates are going after voters it is very interesting. rick santorum and ron paul are the ones saying vote for me, because you share my values and ideas. newt gingrich is saying, vote for me, because you want me -- because i can speak on your behave. -- be half. mitt romney is saying vote for me because i can win on your behalf. >> it is so often more about the way they say things than what they say for a lot of voters, michael wissot, thank you. >> thank you. what does a campaign need to stay an threat? money of course and lots of it. the super pac just backing newt gingrich just got a huge cash injection we'll tell you how much and where it came from.

we will talk to the former house speaker live in about 15 minutes. we'll check with the head of the republican party in new hampshire to see what candidates need to do to connect with granite state voters. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. i took some steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor.

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a super pac backing newt gingrich gets a windfall from a las vegas billionaire. >> reporter: gop candidate

newt gingrich the object of many super pac attack ads getting a big super pac boost casino mogul has given five million dollars to an independent group supporting gingrich's presidential bid, she had done adelson has been a friend of the former house speak are for years. -- under one00 member infantry company on lockdown while the army investigating the disappearance of sensitive equipment. items missing or weapons accessories, not weapons. >> a colorado couple in the hospital burn unit after a package bomb exploded yesterday. allison stone picked up two packages left outside her home and carried them to her car where one went off. police believe stone and her husband were specifically targeted. seven passengers treated for cuts and bruises after a

qantas jet hit lens en route from london to singapore. a spokesman says, a seat belt height had come on but pangs were still moving back to their seas. someone who loves to fly, i just love hearing those stories. >> keep buckled up. >> thank you peter jive >> threatening reports out of right -- iran, there is word that tehran is secretly enriching uranium in underground bunkers they say can be shielded from many airstrikes getting the attention of the. is and its allies. doug mcelway joins us with more itch >> reporter: a day after praising the united states for its humanitarian gesture of rescuing iranian fishermen from pilots iran is back to its nuclear gamesmanship. the united states estimates that iran is about a year from developing a nuclear weapon

others believe that time frame is shorter. secretary of defense panetta reiterated the obama administration policy. >> the responsible thing to do right now is to keep putting diplomatic and economic pressure on them to force them to do the right thing. and to make sure they do not make the decision to proceed with the development of a nuclear weapon. >> reporter: iran is again threatening to block the strait of hormuz if the european union sanctions to block oil exports move forward and united states sanctions that target iran's central bank are imposed. john bolton doesn't put a lot of stake in this latest threat to block the strait. >> i think what you are hearing is bluster and bluff. intended to try and back off the europeans from the oil sanctions they are considering. and to back often united states from the central

bank sanctions that congress recently imposed which don't take effect for another six months. >> reporter: others that doubt iran's threat believe any blockade would do as much dang to iran's economy as it would to its intended victims. general martin dempsey says iran does have the military capability to block the strait for a period of time. but the u.s. has the capability in place now to reopen. >> thank you. which of the gop hopefuls has the most momentum heading into tuesday's primary? conventional wisdom says mitt romney. could he be in for any surprises? what about the race for second? the chairman of new hampshire's republican party, chairman, thank you for joining us this morning. >> my pleasure. >> tell us about what makes a new hampshire republican? how are they different than someone in iowa, south carolina, other places that are early voting sites?

>> new hampshire has a long tradition of expecting the candidates to come here, to appear in our livingrooms, in our backyards, at our lincoln day dinners, appear here over a period of many months to look us straight in the eye to discuss the important issues that face this country and the world with us, shake our hand and we expect to meet them multiple times for follow-up questions if necessary that is not possible in many other states, particularly larger states. you can't work as thoroughly as you can a small state like new hampshire. >> whether are the key issues voters in new hampshire about most and why do you think they so heavily favor mitt romney? >> jobs and the economy are the top issues they have been for sometime. president obama has failed miserably to improve this economy, every policy he has put forth has been counterproductive. in new hampshire, our unemployment is lower than most of the nation, but much

higher than we are used to. a lot of the truth in the numbers isn't reflected by the fact that people have given up looking for jobs. that they've fallen off the radar. it is critically important. the economy is number one, jobs is number one. with mitt romney, and i'm not supporting any candidate, all candidates -- any of the candidates would be a farber president on this issue than president obama mitt romney in particular you have an extensive background in jobs creation and finance and he knows how to create jobs for people. >> could you explain how the primary works there in new hampshire. every state has different rules about now it works and who can vote. how does it work in new hampshire? >> if you are a ran or democrat on tuesday, then you -- if you are rain or democrat on tuesday you must vote in the primary. if you are an undeclared voter not affiliated with either party you may take a ballot of

either party at that point the supervisor of the checklist there's a clerk give you that ballot will cross over the u next to your name put an r or did to become a -- d to become a republican or democrat and vote accordingly. if you want to, i can change back to undeclared as you are leaving the poll. >> do you feel there's still a number of undecided voters? >> there's always a certain number of undecideds. i talked with some folks this morning. there were still some people not totally decided even there. there's always at least a small number of undecided voters certainly that continuing to shrink. most people know where they are going to go at this point. the votes definitely firming up. >> mr. chairman, thank you all the best with the primary. >> thank you.

the red light doesn't mean anything to you, because you are the front-runner. [ laughing ] >> question drop a little bit of the pious baloney. you ran in '94 and lost. >> former house speaker comes out swinging in this morning's debate. in minutes he joins us live to talk strategy.

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tomorrow, a showdown over redistricting -- redistricting maps in texas. a number of minority groups sued saying the new maps would have a negative impact on hispanic and african-american voters a federal court in texas decided to redraw the maps itself. our next guest says that court got it wrong. texas attorney general greg abbott joins us. the supreme court will wade in tomorrow in a somewhat emergency basis the primaries are coming. how do you expect this to play out? >> this is the first chapter of the next book of the voting rights act. because of what is going on in the state of texas in the state of texas, republicans have begun to elect hispanics to the state legislature and congress. when the texas legislature redrew these maps they did it in a way that attempted to

protect the reelection of five hispanic republicans to the state house and another hispanic republican to united states congress. democrats in texas don't like the fact that hispanics are getting elected as republicans, so democrats÷ filed a lawsuit trying to have those lines redrawn. shannon, this turns the voting rights act on its head. now using hispanics suing to remove hispanics from office. we don't think justices will look kindly on that fact. >> of course, when you reference the voting rights act there are a number of southern states and portions of a number of states that are included where if you have make changes they have to be precleared by the justice department or a special panel in d.c.. opponents of what happened with the state legislator's drawn maps says texas hasn't done that and they that i has to happen first. i know you in the process of going through that hearing in the meantime it looks like

texas is left with no effective maps right now. >> you are right. the preclearance trial for the texas maps later on here in the month of january and a three-judge panel in washington, d.c.. the issue on the table for the court to decide is, what standards should be applied for the three-judge panel in san antonio ton yo to drew the interim maps to be used in the upcoming election. -- the plaintiffs content the court can start from scratch and come up with its own maps disregarding the state of texas' to have aren'ty and base it upon no standard other than what is in the public good as so determined by that court. -- we contend based upon prior supreme court precedent what the court drawing that's maps has to do is start with the map passed by the state legislature and only to the extent necessary make any modifications to ensure those maps comply with law because the lower court did not do

that, we feel confident the u.s. supreme cou8ñ will reverse and remand the case back to the three-judge panel in san antonio. >> i want to ask, what impact is this having on s and voters? filing deadlines have come and gone and these primes miers are weeks away. -- >> -- primaries are week as way >> it slows down the process in texas we have primaries early, originally scheduled for march 6th. in order to have the primaries take place as scheduled we would have to begin sending out voter cards, as we speak. the three-judge panel in san antonio has moved those elections to april 3rd. we need decisions out of both the u.s. supreme court as well as the three-judge panel in san antonio as quickly as possible so we can get elections taken place so people know where, when and how to vote and candidates who want to run know when, where, how they can run. >> attorney general abbott, thank you. >> thank you.

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fox news alert. congresswoman gabrielle giffords is back at the site where she and more than a dozen others were shot a year ago today. the political meet and greet turned into a mass and deadly shooting. at 10:11 a.m. local time the exact time the shooting broke out bells tolled 19 times, once for each killed or injured. jared loughner has pleaded not guilty to charges stemming from that shooting. new york time reporter

jody canter out with a new book about the first family, the obamas. within passage details a lavish alice and wonderland party in the midst of the recession. >> reporter: the halloween party was in october of 2009 when the unemployment rate was at 10%. it was swanky to the point that jody can't for writes this her new book. -- white house officials were so nervous about how a splashy, hollywoodesque party would look to less americans or their representatives in congress, who would soon vote on health care that the event was not discussed publicly and -- the press pool was allowed to film the president and first lady handing out candy to trick-or-treaters. behind them inside the white house a party waited that in partly decorated by big time director tim burton and where guests were greeted by jenny depend in his full mad hatter costume from the alice in wonderland remake set

to be released soon after. guests were the children of military families and administration officials. the state dining room is where with the most elaborate decorations were set up also where guests drank fruit punch from blood vials. the white house wants you to ignore that book saying this author's take reflecting her opinion on a relationship between the president and the first lady both of whom share an unwavering commitment to each other and improving the lives of americans. i mentioned one movie star johnny depp was there there was another the real chewbacca see him there, sent from the actual suit from the "star wars" movies that george lucas to the white house for the party we don't know who was in the suit. we can cross the president and the first lady off the list we can see the president did not does up and the first lady went as a leopard. >> maybe joe biden? somebody tall that's a big costume. >> reporter: could be

joe biden, arne duncan, somebody tall. >> thank you peter. i think people who don't serve when they could and they get three, four, five deferments, they have no right to send our kids off to war. >> dr. paul has a long history of saying things that are inaccurate and false. >> that was newt gingrich and ron paul trading jabs at last night's debate. newt gingrich is hoping to do better in new hampshire than in iowa where he came in forth last week. can these back-to-back debates give him the bounce he needs? he joins us, mr. gingrich, welcome. >> good to be with you. >> i want to give you a -- >> i'm back with the chewbacca costume, i would like to meet chewbacca that would be fun. >> if you are president, you

could invite chewbacca as well, we'll see. >> that's an incentive. >> it is. because it is a tough race, you need something to keep you going. i want to ask you about the interchange last night with congressman paul. his suggestion he was married, he had two children when it came time for the draft he served in vietnam. at least the implication in some part by him, that had you a similar option and didn't take it. i want to give you a chance to address that. >> just false. he's older than i am, i operated under a different set of rules, they've been changed. i never asked for a deferment, which was 3-a which married with children. my number never came up. had it come up, i would have served. my father was in vietnam during the period he's talking about. i lived in a family which for 27 years served this country, traveled around the world. i think we have a good sense of what duty is. i found it personally offensive? a. he didn't know what he was talking. he cited something that wasn't

true. very unfortunate sometimes that those things happen. >> also in campaigning there are negative ads. mean if they don't come from your campaign for an individual candidate's campaign they come from super pacs you have talked about that. how do you make the state of current events and current ads that are out there as candidates you can't direct these super pacs but you have called on some to send a message that negative ads aren't going to be tolerated. >> i thought it was interesting that today the governor indicated that he had never seen the ads. then he quoted one at length. i just thought it was an slightly contradiction there. attack ads or negative ads, if they are factually accurate are part of the business. you have to vet somebody who wants to be president of the united states. i have no problem with people running 5s that are factually accurate. i have a -- i have a real problem when they start saying

things that aren't true. one ad in iowa said there is no difference between me and obama on right to life and second amendment rights that is 180° opposite from the truth. the fact is, i am pro-life, obama is pro-choice. the fact is, i'm for the right to bear arms, obama is for gun control. you couldn't be further part and yet that ad misinformed people and required us to go back and tell the truth just to undo the damage of an ad that was false. >> have you evolve on the issue of negative ads? it seemed earlier on you didn't want to see them now you say if they are factual. yesterday you said you can speak the truth with a happy face but there is a place for truth. >> that a bit of an evolution for you on those ads? >> no. i've always believed that you could run contrast ads and say romney raced taxes in massachusetts which he did as governor. i always fought against tax

increases and for tax cuts those are factual things you can verify. when they ran one ad that got four pinocchios in "washington post," they managed to say four things that were false. try it sometime it is hard to be false four times in 30 seconds, unless you are working over time. this should be a campaign that has contrast. i'm a bold reagan conservative. the governor is a timid massachusetts moderate. that is a big gap. we don't have to run anything that is inaccurate he can describe what he's done, i'll describe what i've done people will get the contrast that is totally legitimate, because you ought to be informed before you vote. >> mr. speaker we have to take a quick break. i want to ask you about what i viewed as the biggest applause line of the night last night it came from you. we'll touch on that, right after this break. >> okay. jenna shared her recipe with sharon,

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>> shannon: we continue our conversation now you with former house speaker and current 2012 gop contender newt gingrich. i want to ask you last night about the fact that you had a line that got a lot of attention, a lot of applause in new hampshire. you brought up the fact you belief there is an antichristian bigotry and bias out there. so many questions about gay rights and gay marriage and you fired back on that and seemed passionate on thattish are shoe. >> i am. i think people don't realize there has been a tremendous increase in antichristian and antireligious agenda. also antiorthodox jew and evangelical and and thigh catholic. in europe if you read certain passages out of the bible as a preacher in a church you can be arrested. a lot of the agenda we are fighting over right now isn't about individual liberty. it is about an effort to suppress and drive out a large part of christianity.

all the effort to take down crosses, the effort to say you can't say one nation under god in the pledge of allegiance. it is judge bayer in san antonio who said students couldn't pray at their graduation. they couldn't use the word benediction or the word god or ask the audience to stand or ask for a moment of silence and if they broke any of those he would put their superintendent in jail. the catholic welfare agency in the district of columbia had to pull out. and the bigotry of the secular left that says we are not asking for tolerance, we are asking to impose on you our values and we will put you out of business and drive you out of society. there is a real problem which the news media frankly doesn't want to cover. they don't want to have an open honest debate. 80 to 85% of the american

people would be furious if they understood how systematically antichristian the underlying agenda has become of the secular left. >> ask you about recent polling numbers. average of polls in new hampshire puts you in fifth going into the first primary. in south carolina you are in third there. how do you plan to get on top of the pack? >> i think we keep talking about the difference in issues. the contrast between a bold regan conservative who had a lifetime of work starting with the first meeting with regan in '74 and a massachusetts moderate who was independent in the '80s, voted for paul tsongas in 1992. described himself as a moderate running for governor. put planned parenthood the largest abortion center in the united states into romney care by name. raised taxes including by the way taxing gun ownership. you have to pay $100 per year

to own a gun in massachusetts. something which in south carolina will be seen as truly strange. i think it is hard for somebody from the state of dukakis and john kerry to come in and say he is a conservative. that is not accurate. he is not being candid. >> shannon: thank you very much for your time. see you on the campaign trail. the countdown is on in new hampshire with the state's is first in the nation primary just two days away. mitt romney's rivals all have the same game plan take down the frontrunner. i'm shannon bream in washington. let's get right to it with carl cameron live in manchester with the latest. hi, carl. >> reporter: it is coming down to the wire and the back-to-back debates are unprecedented in new hampshire history and raises questions whether or not it might diminish the ability of the voters to get hand to hand with

the candidates. normally they would be in the gymnasiums of the largest high schools packing them to capacity and you would have to walk a half a meal to find a parking space because they were so crowded. what they saw was mitt romney holding his own last night and not getting beaten up and this morning getting pounded by his rivals and the former massachusetts governor making the case as he has it was a combination of his government experience and business and private sector experience that should put him in the oval office. listen. >> people can describe it in differing ways. the principles i learned in business and the principles as governor. made me more conservative as time has gone on. my view is the right course for america is to have somebody who scrub stands how the economy works and who will passionately get america back on track.

>> when says he is more conservative because of his experience in the past his rivals roll their eyes and say you kept on changing your positions in the past. that is what ron paul who is not known as a conservative but more as a libertarian and constitutionalist in the republican party said today. he is running second in the polls. a little ron paul chin music from mitt romney a little while ago. >> i don't see how we can do well against obama if we had any candidate that endorsed single payor system and tarp bailouts and don't challenge the federal reserve bailing out their friends. >> all right. so everybody is wondering what is chin music now in the crowd here as we watch and for red sox nation fans think curt schilling and a fastball close and inside. that was ron paul's version of it. he was not alone in going after romney. santorum is hoping that he can perhaps come in third here or maybe even oust ron paul from the second place spot. for most voters it is still

kind of an open kind. the latest university of new hampshire sur ray which came out on friday said that 63%, 63% of new hampshire voters have either not made up their minds or are leaning on a decision but it is one they might change. here we are, once again, rolling into the finish line in the second state but the first primary and the voters saying they are not sure who they are going to back yet. >> shannon: chen music, red sox. we love it. carl serves it all up. new hampshire has been shaping up as a big win for mitt romney for some time now. can he hold on to the lead he has now. joining us is a new hampshire congressman who hopes so. congressman charlie bass is a romney supporter. thank you for your time this morning. >> glad to be with you. >> two debates in 12 hours time. how do you think your candidate did? >> i think he held his own.

his message was clear. when you are the frontrunner you are the only guy who can say that you are going to, quote, keep on doing stuff because what has to happen in new hampshire between now and a day and a half from now is some kind of seminole event. that hasn't happened. it has happened in past elections. i started in this business so to speak in 1979 and always there has been or if there has been a change in the vote it has happened in the last week because there has been a shift. there is no shift going on right now. a little more strength there, a little less there. mitt romney is consistent. he is saying the same thing now that he said a month or so ago. he has worked this state to death for a long time and he has earned this nomination which i think he is going to get on tuesday. >> shannon: you point out he is consistent so what he is saying in recent weeks or month. his rivals say they are more concerned with what he was saying ten or 20 years ago.

>> this is the same message they were delivering 6, 8, 10, 12, 14 months ago. voters who are undecided already heard that message. there is nothing new you here. mitt romney was governor of massachusetts. turned the olympics around. he is a businessman. nobody dares touch him on the olympics. they try to beat him up as being governor of massachusetts. what he has demonstrated is a remarkable breadth of experience. people don't agree with him on everything. we don't agree with everybody on the stage on everything but in the end we want to nominate a guy who can beat president obama in november and mitt romney is clearly the only candidate that can do that. >> shannon: several of the other candidates say they, of course, are the true conservatives and some who focus primarily on social issues and say that is where they have never changed and never waiverred. do you think that governor romney has a bit of a gap to close with those more concerned about social issues than, say, fiscal? >> i think that the voters who

are primarily concerned about social issues have long made up their minds. the social agenda may work more in north carolina than it does here. but you will note that the romney support is as steady as a rock. those people are there and they are going to stay there. you mentioned in the introthat there is 63% undecided. that undecided vote at this point, a good portion of that is unlikely to vote at all. i think the undecided vote level, especially given the unh poll sampling system is really not as great as it sounds. and there hasn't been as i said before that change in dynamic in this election that we have seen in prior elections when the frontrunner who usually hasn't worked all that hard, unlike mitt romney, something happens that changes it. it is sunday. the election is day after tomorrow. the last debate is over. romney is out on the road in his bus shaking hands, talking

to people working the district. doing what he needs to be successful on tuesday and then go on to north carolina. >> shannon: congressman charlie bass thank you for weighing in this morning and we will watch for tuesday and barring some unforeseen upset we think it will be a good day for you and your candidate. >> always a pleasure. >> shannon: your turn to weigh in. who do you think were the winners and losers from the back-to-back new hampshire debates? tweet us your answers. we will read some on air. we will have responses later on in this hour. we always look forward to hearing from you. >> my feeling is that this is an issue that should be -- i believe the issue of marriage itself is a federal issue that we can't have different laws with respect to marriage. we have to have one law. >> shannon: with the first in the nation primaries just days away, who will win over the granite state's evangelical voters and then beyond new hampshire? talk about it with the reverend

graham. reverend great to see you this morning. thank you for joining us. >> thank you, great to be with you. >> shannon: let me ask you what you think are the top key vote getters for evangelical voters right now. polling shows that the economy is what people are most concerned about. is there a place for social issues in the 2012 election? >> sure there is a place for social issues and i think all of the republican candidates i think there is some good men out there and they have got some great ideas of how to move this country forward. yes, social issues are a concerned but i think for most americans right now it is the economy. how do we get your jobs back. how do we get our nation back going the right direction. right now we are going the wrong direction. so this is i think the major concern of most voters. >> shannon: i want to ask you about the debates last night and this morning there was a lot of discussion about gay marriage and the voter or the candidates were asked to talk about if it they don't support

marriage for gay couples what do they support. several talked about legal recognition of some kind but you stopping short of recognizing what they termed the sacrament of marriage as being available to gay couples. do you think that position is good enough for evangelical voters? >> first of all, i want to reiterate what the bible says. marriage is between a man and a woman. and not between two women. not between two men. and the bible is very clear on it. and so as a minister of the gospel of jesus christ, shannon, i want to always try to present what god's views are and god's views are marriage between a man and a woman. and so that is where i stand. i'm very, very strong on this. and i think if we begin to allow a different definition of marriage i believe this could be the beginning or the unraveling of the country that we have known. god has blessed america and blessed america because i

believe its strong biblical foundation our forefathers give us and we have been moving away from that foundation for some time. marriage is an important part of our society and it should be upheld and we need to recognize marriage as between a man and a woman. >> shannon: do you think that evangelical voters will compromise on that as well? there was rick santorum who said i believe we should respect everyone gay or straight but i don't think it is proper for gay couples to marry. it didn't sound like he was willing to provide legal protection or rights for gay couples. >> first of all, i don't speak for the evangelicals. the evangelicals are large group of people with many different views and there is some conservative and some liberal. when we say evangelical i don't know who it body is.

i'm believer and follower of jesus christ. he died for our sins and rose from the grave and i believe he is coming back and if we are willing to trust him and invite him into our hearts that god will forgive our sins and heal our hearts. we have a spiritual problem in america today. we have turned our back on god. and the discussion we are having here is about god's laws and his standards and should god change his standards to meet the criteria of the day. absolutely not, shannon. god's standards, his law, his word, the holy bible is the same yesterday, today and a million years from now. s if not going to change. his word is the same and we need to obey his word and if we are willing to do that to trust god and to believe in him and to obey him then i believe our country can turn around and we can see greatness in our future. >> shannon: do you think there is one candidate among the field right now, who most agrees with you on that statement? >> shannon, we have got some

great men out there and they are of different faith but they are strong on family, they are strong on biblical principles and so i think any one of these candidates could do a great job. and, of course, some are a little stronger than others. i'm confident that the american people will choose the right man. >> shannon: the reverend franklin graham. thank you so much for your time today, sir. >> thank you, shannon. god bless you. >> shannon: our special election coverage continues this weekend. tonight, bret baier hosts a live special report at 6:00 eastern. then at 8:00 eastern megyn kelly joins him as well live from new hampshire. in tucson, arizona, congresswoman gabby giffords and many others marking the date. >> more of my exclusive interview

with congresswoman gabrielle giffords husband when america's news headquarters continues, next. [ male announcer ] capri sun has 25% less sugar than leading regar juice drinks. because less sugar is a better way to fly. ♪ just not literally. capri sun. respect what's in the pouch. i took some steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor. numbers don't lie. my cholesterol's stayed down. lipitor is fda approved to reduce the risk of heart attack and stroke in patients who have heart disease or risk factors for heart disease.

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>> shannon: in tucson, arizona today, congresswoman gabrielle giffords will join the community in a day of remembrance marking one year since the horrible shooting that killed six and left several others including the congresswoman seriously wounded. casey stegall live in tucson with the latest. hello, casey. >> started out like any other crisp january morning here in tucson. some people were at the complex to do their grocery shopping. some were here attending the congress on your corner event when just after 10:00 gunfire erupted in the parking lot. a total of 19 people were shot and six died. in the coming days the world watched and waited as

congresswoman gabrielle giffords fought for her life across town at the university medical center. remember, she was shot point blank range in the head. at times her doctors were not sure she would pull through. but one year latary true miracle do see this touching scenion, exclusive video of the congresswoman visiting the shooting scene for the very first time last night. a group of employees and members of the public applauding her. she was with her husband astronaut mark kelly. i had the distinct pleasure of sitting down with him and reflecting on the struggles and triumphs and how they wanted to approach this anniversary. >> it is not about gabby. it is about the six individuals that died a year ago today. and it is, you you know, it is a sad event but i think it is a marker in time.

it is important to acknowledge what happened and for the community to get together. so that is what we are going t. >> reporter: a number of events obviously planned for today including a service for those six victims. some of the surviving family members will speak on their behalf. and then gabby herself will be at the main memorial tonight at 8:30 eastern at the university of arizona campus. the accused gunman remains in a missouri facility where he is being forcibly med kateed with hopes of getting him medically competent to stand trial. >> shannon: casey stegall live from tucson. thank you very much. >> plugging away. i would have to been an optimist because i have been plugging away for a long time. my views have been expressed since the '70s. all of a sudden they are getting a lot of attention.

is looking at that approach.ern >> i had a chance to talk with chris earlier today for a sneak preview of "fox news sunday." chris joins us from new hampshire the scene of all of the action this week in the new hampshire primary. before we get to the debate you had a couple of key national players on this morning and chris, frankly, they didn't agree on much of anything. >> we thought he would would jump ahead to look at the battle lines for the general election. the democratic party chair debbie wasserman schulz and the republican party chair. it was an in ternes discussion particularly on the discussion of the economy. the numbers getting a little better. unemployment down to 8.5%.

the democrats are saying look, the obama plan is working and the republicans their main argument against obama that he mismanaged the economy is not going to work any more. obviously the republicans don't believe that for a minute and their basic argument is obama made the recession worse and he has made the recovery weaker and it will be interesting to see as it plays out over the next 8, 9 months who gets the better side of that argument. >> shannon: and one of the men who is battling to become the gop nominee to take on the president directly sat down with you this morning, congressman ron paul and you you asked him a question that sin creasingly coming up for him. polling second there in new hampshire. still very popular but a lot of chatter about a third-party run. you asked him directly. i'm not sure the answer was so direct, though. >> it it is interesting because he makes it clear that he has no plans to do it. and as he said in a very open way i don't want to do it. having said that, he is not closing the door.

he said i'm not going to be an absolutist about it. interestingly enough, his strategy at this point is to go to the caucus states to try to win five caucuses because if you win or get the plurality in five states you can get your name placed in nomination at the convention in florida. you can also have a bigger say in the platform. doesn't sound like the strategy of a guy who either one expects to be the nominee or two that expects to be an independent. my guess is that he will keep it up with you end up not running as an independent. >> shannon: thank you very much for the sneak preview of a fascinating show. stay warm up there in new hampshire. see you soon. catch all of chris' interviews with the republican chair and democratic chair as well as his sit down with gop hopeful ron paul right after our show, 2:00 eastern right here on fox.

gop hopefuls criss-crossing new hampshire all after the same thing, the state's undecided voters. steve brown is on it. hi, steve. >> reporter: hey there, shannon. the independent vote in new hampshire very large blocs, sometimes very elusive. i'll have a live report coming up. channel. [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8. the two trains and a bus rider. the "i'll sleep when it's done" academic.

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>> shannon: getting pretty heated on the campaign trail.

newt gingrich accuses frontrunner mitt romney of spouting ba long-tim loan ba l. >> the candidates were pretty tame at last night's debate but all went after romney at this morning's debate and sparred over many issues in the back-to-back debate including the economy and foreign policy. the new york times is reporting that a two month low in american drone attacks in pakistan is aiding militants. it says that according to pakistani and u.s. officials al-qaeda and other militant factions are using the break to regroup and increase attacks against pakistani security forces and threaten intensified attacks against allied forces in afghanistan. pope benedict baptizing 16 babies today in the sistine chapel. the pope poured water over their foreheads administering the sacrament that formally welcomes them into the catholic

church. and reknowned physicist steven hawking is celebrating his 70th birthday today. a conference being held in his honor but he is not well enough to attend. those are the top stories right now, shannon, back to you. >> shannon: peter doocy, thank you very much. in new hampshire, in dehe pendents outnumber both democrats and republicans injuries the undecided voters are a wildcard and could be the key to winning the granite state. steve brown is in rochester tracking down independents to see what they are thinking. hi there, steve. >> we are in rochester outside the city hall which doubles as the opera house. it appears that the former mass governor is soon to be making his way out of the building. when it comes to independent voters in new hampshire a couple of things that are absolute. they are the largest voting

bloc and also among the tougher votes to track down here whether you are talking about a statewide contest or in a primary particularly because they have different patterns of behavior. for one, they debate o dee pe s quite a bit. 65% in that same research probably didn't attend the campaign event over the course of the last six months. all that retail opportunity and independents would prefer go it your own way or do it yourself sort of search process to try and filter out which candidate they are most interested in. according to research done by suffolk university it looks like mitt romney is winning the independent partly because of the primary interest is jobs and the economy and romney with his particular resume appeals to that demographic quite a

bit. also anything anti-washington seems to appeal quite a bit to independents. talking about outsiders and folks that don't have a lot of d.c. experience that is appealing to independents as well. that is what we are seeing from the research and pundits and also from the independents themselves. >> shannon: joining us for an in depth look at the candidates from the aftermath of the debates are former rnc national political director gentry colins and tony welsh. i trust you are debated out after the last 28 hours or so. as a republican who do you think bettered themselves? >> i didn't think maybe laid a glove on mitt romney and that is what each of the candidates needed to do. looked like they were still in the mode where they were trying to figure out who was going to be the romney alternative. so much combativeness back and

forth but you nobody laid a glove on mitt romney. coming out of iowa as a winner injuries the most disciplined candidate with the most disciplined campaign. i thought he did well. >> shannon: tony, do you think voters will be satisfied on the gop side of the ticket with the choices that they have at this point? >> satisfied or not they may not have a choice. clearly there is a lot of nonromney interest out there. santorum set himself part but he he hasn't really pushed or made the case. and he certainly didn't last night when most of the time was spent actually attacking ron paul. leading us to wonder do they know mitt romney is in the lead. >> shannon: ron paul continues to do well. polling second place in new hampshire, 15 to 20 points behind romney but he has a solid base of support. i saw it in iowa first hand and looks like it is there in new hampshire as well. gentry, what do you make of that? >> in iowa he brought out new voters. almost 40% had not been to a

caucus before. brought out more young voters than we had seen in an iowa caucus before. he has to do that in new hampshire. he has a little bit of a track record here and could do it. i expect him to run second which is a real problem for newt gingrich and rick santorum. >> shannon: tony, what do you think because from here they go to south carolina which is a whole different world than new hampshire. >> there is something happening. the latest polls are showing there is a little bit of slippage on mitt romney's part in new hampshire. but he can still win by double digits. and what is probably the scariest thing for newt gingrich and rick santorum is that the latest polls show romney led in south carolina. he hadn't led there really and he was down depending on who the nonromney of the moment was. to lead in south carolina if he is able to put down a run, new hampshire which he is expected to win and south carolina that positions him develop for florida. it may actually be too late for

any really substantiated facts out there. >> the latest making a run at him is rick santorum. we heard so much about the fact that there were those who had concerns and exhibited them publicly and privately about the fact that they thought rick perry, rick santorum, michele bachmann, they were splitting some of the same vote, the conservative very religious wing of the party. the more socially conservative voters. congresswoman bachmann has bowed out. talk that maybe rick perry would. he says he is in. what happens for rick santorum. >> apparently not yet. i would suggest the time is running out of course, as you know. i think that governor perry's decision to stay in the race this week was probably the biggest piece of nonromney news. a real problem for rick santorum not just this week but especially coming up here in south carolina. i think that is why we saw the dynamic in the debate where

romney really stated through and he wasn't attacked because people are still trying to be the alternative to romney that could consolidate the vote. i think there is a bigger catholic vote in new hampshire than evangelical vote. that should fit for rick santorum but he hasn't been able to put it together yet. >> behind the scenes do you think there will be increasing pressure for rick perry to bow out? >> i think he would be out by now if there were that pressure. and that news that he said here we come south carolina and everyone else hoping that gingrich or santorum would emerge said oh, no, because his saying that means they probably won't be able to muster knavish you port to capture that wing for the republicans. >> we will see. thank you both for coming in. good to see you. >> thanks. the unemployment rate is down, that is great news. what does it mean? are there really jobs out there for folks looking right now. we will ask fox news senior business correspondent brenda

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>> shannon: all right. let's check things out with the latest polling from today. according to a suffolk university poll out this morning which is two days before granite state voters cast their ballots, mitt romney's lead in the granite state narrowed to just 15 points over texas congressman ron paul. jon huntsman is in third. romney the nearly 20-point lead over ron paul. rick santorum is in third. rick perry who is choosing not to campaign in new hampshire although par at this tim partie debate there dropped to six. unemployment dropped to 8.5%. what does it mean. how does it translate and how will it impact the markets. brenda bruter in with the details. >> the december jobs report had

everyone from politicians to economists working to put a spin on the headline numbers and the big numbers seemed undoubtedly good for the economy yet the headline is not enough to get a sense for how the u.s. labor market is working now. yes, this was the 15th month in a row of job gains and employers hired more people in december since march of 2009 and, yes, they were broad hires across many sectors. another positive. plus workers hours and wages rose if only a bit. still good for consumer spending, just that main street needs to get the recovery moving. but there are some buts here. very important to take a look at the number of adults who want to work but who are just drop iting out of the labor force. that is called the participation rate and in december that rate fell. in fact, in you -- if you look at what is called the underemployment rate takes into account those who drop out and part-time workers who would

rather be working full time that rate fell as well in december. but to 15.2%. and that is very high compared to past recessions. it is the one many economists use to measure real unemployment. if you add in college grads who are not working in jobs which require college da plow mas in places like fast food or starbucks it is closer to 18%. still, this report was better than many we have seen. we just need a lot more of them. and that is why on wall street the bulls weren't working up after word of the jobs hit. the dow ended friday a bit down. one thing investors may realize is that even at this rate it will take years to get back all of the jobs lost in the recession. and the street also seems focused on whether europe is just getting ready to jump into a recession of the type we have come out of. and what that will mean to a recovery that has just started

working here. shannon? >> shannon: brenda, thank you very much. great to see you. >> thank you you. >> shannon: for the national transportation safety board is holding a hearing this week on air show safety in light of horrific accidents in recent years. a crash in reno at one of the air races last september was one of the worst. 11 people killed, dozens more injured when a world war ii era plane crashed and sent shrapnel into the crowd. there have been more than 150 air show accidents since 1986. a russian tanker is getting a little extra help refueling and bringing fuel to alaska. a coast guard ice breaker is leading the way, breaking isles for the ship to help it reach its destination. they are hoping to deliver much needed fuel to the city of nome, alaska, by tuesday. appearing before the supreme court tomorrow. the maps were tossed aside by a

federal court in texas which redrew maps itself. joining us with the other side of the debate is congressman henry clare of texas who says the maps crafted by state legislators weren't fair to minority populations. congressman, thank you so much for joining us today. >> thank you so much, shannon. >> shannon: for now, texas is left without any permanent maps as the filing deadlines are coming and going for candidates and voters get ready for the primaries. what is your hope will happen at the supreme court tomorrow? >> either way if they go with the state plans as long as they make some allowances for the growth that we have had in minorities in the state of texas. for example in the last ten years according to the u.s. census we grew in the state of texas by 4.3 million individuals. 90% of them mainly hispanics or minorities and out of the congressional districts, texas got only one under the republican legislature. i think if they would have worked something out to treat the minorities fairly we odd. be in this situation like we

were in 2006. this is the second time in the last five or six years we have been up in the supreme court because of redistricting in the state of texas. >> shannon: your states attorney general joined us in the last hour and he said these seats would allow hispanics who were gop members to hold on to their seats. do you take issue with that? he said in that respect there would be several hispanic seats that were protected. >> i respectfully disagree with my friend greg on this. again, whether it is hispanics that are republicans or democrats there should be a hispanic opportunity district. i don't think that happened. all we want to see is a hispanic opportunity and if it is a republican then it as republican. if it as democrat it just depends on the voters. it should be a hispanic opportunity district and i don't think that is what we saw. >> shannon: texas, of course, is under the voting rights act

at least along with several other states and portions of the state meaning it has to get preclearance for changes not electoral maps. in one of the cases you were referencing texas did have a case before the supreme court. the supreme court did not directly decide on the issue of preclearance but seemed like there was a suggestion maybe things have changed enough in the south it is time to revisit that issue. do you think things have improved enough? >> i think things have been improved but i don't think we should get out of the voting rights act. i think in fact that case in 2006 happened to be -- involve my hometown of laredo where i'm calling you from right now and what they did there, they cut a mostly hispanic -- the most hispanic city in the whole country, 96% cut it in half to help a republican that is with the state legislature and the supreme court said you can't do that. i don't think they are going to challenge the voting rights act in this particular case. now, there are some other lower cases that do challenge the

voting rights act that i think the supreme court will take at a different time. >> shannon: congressman cuellar thank you for your time today. we will see how it plays out at the high court. >> thank you you so much. >> shannon: that is not all the nation's highest court is tackling. the fight over the president's healthcare reform law is now officially on the steps of the supreme court. we have a panel of experts, legal eagles, to debate it, next. great guest experience. that makes my day. and during the four course feast,

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they get three or four or even five deferments aren't -- they have no right to send our kids our to war. >> dr. paul has a long history of saying things that are inaccurate and false.

>> shannon: got a little heated last night. newt gingrich on fire there debating gop presidential contenders ramping it up last night and this morning. taking part in a special hosted by pollster frank luntz. hundreds of people gathered this weekend in texas to remember a high school student shot by police at school. oil fibs say the 15-year-old brought a pellet gun to school and refused to drop it when confronted by officials. don't rememberccontroversyk requiring people to be fingerprinted to qualify for food stamps. a one set piece brought in a pretty penny in florida. this 1793 copper coin sold for a little more than a million dollars at auction. those are some of our top stories today. in march the supreme court will hear three full days of

arguments over the president's healthcare law but the legal fight takes off in ernest when the first briefs in the case were officially filed. joining us to talk about the first round at the high court showdown, executive director of the national center for independent business and the chief council of the constitutional accountability center. welcome to you both. thanks for havin being here. >> thans for having us. >> the issue of the mandate. they say it is constitutional. you think is is a winning argument. >> i think it is a winning argument injuries the administration points out three area. the commerce clause power. the poured concreter to tax and spend for the general welfare and the necessary and proper clause. i think when you look at all of these textual supports for the constitutionality of the mandate what they really add up to is the fact that our founders wrote the constitution to give the federal government power to enact nationalred

solutions to national problems. they are trying to get millions of people who have previously been unable to get health insurance on the insurance roles and to get access to affordable quality care. >> do you think it is an appropriate use of the commerce clause? >> we would strongly disagree. that is the first time in our nation's history that we have the government compelling us to engage in commerce and buy a product and the government has been unable to date to answer where will it end if the individual mandate is allowed to stand and that is what is most problematic to the small business owners i represent. >> shannon: how do you respond to that question? we hear some people and i was there when the argument was can they force you to buy broccoli. a line that comes up a lot but where do you draw the line? >> the lines are clear and compelling. first we have the constitution itself that requires that when congress is regulating through its commerce clause power that it is actually regulating

commerce among the several states. and the founders when they wrote that clause they thought that among the several states would be the main limitation on that power. it has to be truly interstate and not purely local. the other are part of the constitution that sets limits on so this whole broccoli idea is the other rights that are protected in the constitution. if congress wanted to enact a commerce clause regulation that violated due process or privacy rights or the fourth amendment right against unreasonable search and seizure the constitution would prevent that. there is no right to free load off your neighbors when you you go and get healthcare at the hospital and can't afford to pay it out of pocket. the second source of limits which are also very clear are from supreme court precedent in the united states versus lopez and united states versus morrison the court said you couldn't pile inference upon inference to find the phoenix

us between interstate commerce and the conduct regulated which yew would have to could in order to support the broccoli mandate or whatever but you don't have to do when it comes to individual mandate which is trying to address the $43 billion yearly that are passed on from the uninsured from those of us that do have health insurance. >> shannon: i want to make sure that we get to the issue that your organization filed a brief on this week which is the issue of severability. if the court would find that the mandate is not legitimate, it is unconstitutional and it falls, can the rest of the law you survive without it. >> absolutely not. congress in tended to have universal cover and control costs. the individual mandate dose both of those things. if you take it out the law will not and cannot function as congress intended without it. to elizabeth's point this is, once again, the first time in our nation's history congress

is telling us to buy a product. that is a very disturbing precedent and we do believe it writes the commerce clause out of the constitution if we are not able to prevail. >> shannon: and elizabeth final word on the issue of severability. can the rest of the law stand without the mandate. >> the administration is arguing that the popular provisions that would prevent the discriminatory practice that that wouldn't be able to function without the individual mandates so i think that would be a big loss for the citizens of this country and those who are looking forward to having that protection when the affordable care act goes into effect. >> shannon: elizabeth and karen thank you very much for the debate. we would love to have you back. a lot to talk about as this heads to the high court. more briefs to be filed and arguments to be had. thank you very much. and we hope you will come back. a bungee jump gone very wrong but with a miraclous ending. you won't want to miss this video, coming up. [ male annouer ] juice drink too watery?

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it is a girl the widely anticipated first child for beyonce and jay-z born yesterday. congratulations to the family. take a look at this. a bungee jump gone horribly wrong but with a miraculous ending. the bungee cord snapped, sending the 22-year-old tourist plummeting into the river. despite the fall and being pulled through several rapids she actually survived with non-life-threatening injuries. we have been asking you today who do you think were the winners and losers in the two back to back be new hampshire debates. did we hear from you. i think we have never gotten as many responses as we got today. nick writes the winner is romney. loser perry. steve disagrees and says clear winner is newt. a brilliant and consistent leader. the group just stares at him with their mouths open. another says gingrich and santorum increased their share and romney did nothing to