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Transcripts For FOXNEWSW Studio B With Shepard Smith 20130308

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"studio b" starts right now. >> shepard: bet he would make a great blt? >> i like your thinking. schevardnadze news begins anew. the captured son-in-law of osama bin laden today pleaded not guilty to trying to murder us americans and he did it blocks away from the spot -- well, from ground zero. how did we catch him and why isn't he at guantanamo bay? >> the lowest jobless rate in four years lifting the dow again. we're in record territory again. are investors getting ahead of themselves? the next time somebody says everything is awful, tell them, no, it's not. and a tsa agent fails to detect a fake bomb in a federal agent's pants even after a patdown. watch out for the shampoo. it's all ahead, unless breaking news changes everything on studio b. >> but first from fox, at 3:00 in new york city, bin laden's son-in-law step into a federal courthouse blocks from ground zero and pleaded not guilty to trying to kill americans. details remain sketchy on the arrest of the former al qaeda spokesman. us officials say they picked him up in jordan and that only happened after officials in turkey caught him and then released him without any charges. according to his indictment he is accused of serving alongside osama bin laden and appearing on videos praising the attacks of 9/11 and threatening new assaults on america, and unlike other terrorists, accused of plotting against the united states, he appeared in front of a judge no, not guantanamo bay but in manhattan. we have team fox cover right now. jonathan hunt has more on how the u.s. got this guy into custody. first, led go to david lee miller. where are they holding this man now? ghaith is being held in a federal detention center in lower manhattan. and this facility connects directly to the federal courthouse so there's no problem transporting him. he goes through underground opportunity. as for his court appearance today, lasted a little less than 20 minutes, 10 court officers for security. he entered the courtroom with his hand cuffed behind his back, spoke briefly through an interpreter, and the prosecution said he has been in the united states now for exactly one week to the day, and ask for his defense team, that's going to be paid for by the very country that he wanted to destroy. the judge asked him do you have any money? he said no. at that point the judge said u.s. taxpayers are going to pay for your defense attorney. >> shepard: that's how the hill works. what's the evidence against him? >> we got a little glimpse into the evidence. the most intriguing thing, the prosecutor said they had a 22-page post arrest statement he gave to one extent there are any admissions we don't know. the prosecution also talked about entering into evidence audio and video recordings he made. in other words, the very words that he utterred as an al qaeda spokesman, he said such things as, there's a warning to muslims, children, and u.s. opponents not to board any aircraft and not to live in highrises. the prosecution says it will take three weeks to present their case. they also suggested the could enter into evidence, shepard, classified information. when the trial finally does get underway we could find more about the inner workings of al qaeda the next court date. >> shepard: how did they get him and the chairman of the house intelligence commitee says the suspect spent some time in iran, where he is said to have conducted al qaeda business. the rogue nuclear nation is one of just four countries united states considers state sponsors terrorism. we still have very few details what he was doing and he got into the united states with so little fanfare. jonathan hunt is looking into all of this. what have we been able to glean or learn about his movements? reporter: not a whole lot of detail. soleman abu ghaith was born in kuwait. in 2000 he traveled from kuwait to afghanistan. that's where he met osama bin laden. you see the two of them. sitting together. and married one of bin laden's daughters. he was alongside bin laden in the days leading up to 9/11, and directly after. then at some point in 2002, he was apparently smuggled from afghanistan into iran, and he spent pretty much the last decade there. we are not clear whether he was being harbored by the iranians or being detained. >> shepard: what about the operation to capture him? >> that has been going on for a very long time. u.s. officials have been trying to track him. they were aware he was in iran. what we understand right now is last month ghaith traveled from iran to turkey. he was arrested by turkish officials in ankara, we believe. those turkish officials did not hand him over to the u.s. instead they decided to deport him to send him back to kuwait. the flight from turkey to kuwait had a stopover in aman, jordan, that is where u.s. officials, with the obvious help of the jordan january authority's, arrested him. whatever the actual details, according to mike baker, former cia operative, this sends a very clear message. >> not as if we're going to get to zero sum game, and all the extremists and their mignons they're going to just wake up one morning and say, we were mistaken and we like the exist the west and their allies. they're not going away. and so they have to understand, neither are we. we're not going to stop this effort to capture and put them away as they deserve. reporter: it's worth pointing out in these issues very little is exactly as it seems, and there is the possibility, shep, we should point out. the turks were actually sending him back to kuwait while knowing that flight, which could have gone directly from turkey to kuwait, was going to have this stopover in jordan. perhaps everybody was colluding but for us a obvious reasons some nations don't want to be seen helping the united states. >> shepard: thank you. legal panel now. richard roth, former federal prosecutor, douglas burns. richard, there's a lot of people upset he is being taken to lower manhattan, but when we catch people, we normally arrest them and give. the a lawyer and try them. right? >> turning it into a political issue. it's new york versus guantanamo, and the bottom line is you want to nail this guy using the legal term and you want too defer other people. to nail him, if you look at the statistics, 67 cop visitations since 9/11 in the united states. and only seven in guantanamo. two of which have been overturned. you don't want to lose this fight. the reason he is in the u.s. is because the system is better, stronger rules of evidence. this man who was quoted as saying, the storms will not stop-especially the airplane storms on the u.s. so rope one you want him in new york. the reason why you want him in new york is if you want the world to see this guy is not going to get away with itdeter g exactly what he wassing too. >> shepard: it's our understanding he had no operational involvement, that he wasn't a threat of that kind. reporter: that's right. the counterargument is, number one, security costs and congestion problems in lower manhattan, and it's very something, we were looking at a statute -- >> shepard: if they're worried about congestion problems in lower manhattan they can into no more presidents. >> i agreele with that. but the statute says when acts are committed elsewhere not in the united states you can try the person where first brought. they could have brought him to any court in the country, including the strict of classroom. -- district of columbia, and the other point is giving platform for rhetoric speeches and that militates in favor of using a military tribunal. >> absolutely not. the tribunals have only been successful five times. 12 years, five times. if you want to nail this guy and send a message to the whorled-don't do this to americans on american soil, and part of his prosecution is for the initial bombing of the world trade center. it's a very strong statement. >> shepard: what does he lose? what if you can't convince one juror? >> that's a problem. i submit to you the federal government does not bring that case unless they know they're going to win it, and they have a much better chance of winning that in new york than guantanamo it's a much quicker system. new york, it will be over by certainly 2014. guantanamo is a long system, draw out. >> the problem is a symbolic one and that is that putting the trial in a venue that is a mile away from the worth attack on u.s. soil in u.s. history, i think that's a legitimate point to be made that's not a venue. there's some symbolic negativity there. >> you did us and we're going to do you in here, too. >> that's right. that's the competing argument. >> shepard: he is here and we won't see him because his going underneath in a year we'll find out what happens to him. center john mccain will join us late are for his first appearance on televisionsons he took to the noor of the senate yesterday. we'll get his continued take on the controversy trial, and we will ask him's his blasting senator rand paul and his filibuster. mccain's first television appearance in either case. what we have here is a split in the republican party. make no mistake. what the republicans are trying to do is define. thes in a post iraq and afghanistan war world. trying to make it so that they can win national elections again and there's a bat for the soul of the party. john mccain is part of the battle and we'll talk about it in just a few minutes. >> first, the unemployment rate hit a low we haven't seen in years. and that has sent stocks to new record territory. every day a new record. would you look at it? that ammunition for you. if you keep hearing from everybody, everything is awful, hand them this. because it's not. >> shepard: big gains in the job market as wall street continues a winning streak to beat them all. a quick look at the dow, heading for its sixth straight gaining certification up 53 this day, and ready for its fourth straight record close. stocks are up after the jobs report came out. it beat expectations. shows that employerers added 236,000 jobs and the unemployment rate went down. this was not expected. everybody thought it would stay at 7.9%. it went down two clicks to the lowest level in four years. that it is partly because more than 100,000 folks gave up looking for work so they're no longer counted. that's always the case. and economists say the rate has to trop below that yellow line there to really consider the economy healthy. so, healthy, no. recovering? yes, ed henry is live at the white house. i'm guessing they're happy. >> they were, when you look at four years ago and the unemployment rate was 7-point%, and back then people were saying this is pretty high at 7.7%. so it's relative. this is good relatively low compared to what we have seen throughout the obama years, and josh, filling in at the podium today, made clear they think this is a sign the recovery is finally starting to take hold. >> if you just look at the last five months the american economy treated 200,000 private sector jobs. so we are starting to gain traction. the question for lawmakers in washington, dc is, is congress going to be engaged in an effort of putting in place the kinds of policies that will support that recovery? >> so some good signs but even a liberal group came out today and said that the long-term unemployed is still very high, in terms of unlong-term unemployment. and also there's 20 million people still looking for fulltime work. so there's bright spots and still a lot of people looking. >> shepard: what are we hearing from republicans? >> they're shifting their argument. the job picture is brighter and it's interesting to see john boehner admitting this is relatively mosstive news. but the fact is unemployment is still way above the levels the obama white house projected when the spending bill was unenacted and the federal government's ongoing spending binge has resulted in a debt that exceeds our entire economy, and this whys we have seen -- it's going to be more so as the jobs picture gets better, republicans shifting their tact to the situation with the debt. >> shepard: thanks, ed. let's break this down with charlie, senior correspondent for the fox business network and the fox news channel for that matter. good numbers. >> good numbers. we should point out we've been there before. i think about years ago we had a decent print on the unemployment rate and the economy slipped back. we have mix edifice school policy. raising taxes, both on people making 400,000 tuesday a year and everybody else. payroll taxes went up. so that tracks the -- >> i will say -- i think this is good -- these are good numbers. let's hope they keep going. this is really good for the market and a lot of people are in the market. will the market go to 15 or 20? this jobs report suggests it will go to 15. here's why. decent growth. not great growth. long-term unemployment rate still going up about that means the fed is not going raise interest rates. as long as the fed keeps printing money the market has along way to go i think the fed signaled when the unemployment hits .6%, they reverse their current position. that's a long way to. so if you're in the market, and average people are now get neglect market. they're worried, i is it going reverse, go to 15? better than even chance it goes to 15 and above. >> shepard: the biggest real-world debate in america is how you hoff forward with the debt and the deficit and spending. the history books tell us when things are recovering, the government has to spend to prop up so that the private sector can then later spend. that is what the democrats are arguing. the republicans are arguing we have to get the debt under control. do we lean towards history as our guide or something else? that i don't know about. >> a lot of businessmen, what are they worrying about that prevents them from hiring? they're worry about the debt to deficit. forget about democrats and republicans -- >> shepard: but they're to the ones that need to come to a decision. but right now we're doing nothing. we're cutting the things that everyone seems to believe don't need to be cut. the pentagon having to cut -- the big picture is, do we spend now and wait for recovery? or do we stop the spending as they did, say, in england and other european countries and risk stopping this -- >> remember, you're comparing massive austerity in europe. massive. to like a trop in the bucket here. i'm not downplaying people losing their jobs. >> shepard: when the government stops spending, jobs get cut. if we use history as our guide or this new thing. >> they're not cutting that much and they're spending still a lot of money. when you talk to businesses, what they worry about ills the future. they worry about higher taxes because they have to pay for the deficit, and that's one big problem, i think -- >> shepard: big businesses? >> everybody. >> shepard: the big, big, big companies don't pay taxes. >> well, i know. except for ge. they get away without paying taxes. >> shepard: is it better to fix the loophole or continue the loopholes that best interest big business. >> if you're going to have loopholes -- if you want tax reform, don't raise taxes on people. small businesses make $400,000 a year, which i a small business. don't raise taxes and cut loopholes. do it at once. lower the general -- >> shepard: one part is done. so you now make the businesses pay or continue to have the loopholes? >> i would dish think it's better to keep what we have right now. the bottom line -- >> shepard: don't make the big guys pace taxes. make the little guy paying taxes >> who do you think employs the little guys? >> the big guys. but they have to pay. >> of course. >> shepard: but in many cases they don't. when we have to get to the former presidential candidate, yes, i paid 13%, and only got there by paying more than he had to pay. there are loopholes that everybody doesn't benefit from. i wonder if they ought to eliminate any of those. >> i don't know. if you want tax reform, do it right. take down all the rights and close all the loopholes. >> shepard: maybe they'll come to some agreement. >> did we come to an agreement? >> shepard: i have questions, what is -- >> the market is going to 15,000. >> shepard: get in now! get in now! charlie, groat see you, john mccain coming up in a minute. we'll get into these topics with him as well. stay around. chances are, you're not made of money, so don't overpay for motorcycle insurance. geico, see how much you could save. by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. >> hello, amy. >> it all gets going with this mass at st. peter's basilica on tuesday morning and then the cardinals cast their first vote sometime on tuesday afternoon. at the last concave in 2005 it took 24 hours to elect a new pope. the italian newspapers buzzing about papal preference, now breaking into two camps, they say, reformers versus the romans, saying the reformers are throwing their weight behind the cardinal appearing low scola, or possibly an american, that would really rock the vatican. the romans backing the cardial from practices sill or from argentina but citizens of the eternal city have saying, he who gos into the conclave a pope comes out a cardinal. the stoves are being installed in the chapel for burning up ballots, and the floor has been put in place. the vatican said the floors needed to be evened out so somebody trips. the cardinals will be staying here at the santa marka guest house. they'll be drawing lots tomorrow or monday for their rooms. they'll be shut off from the world. there will be no cell phone, no tweet, no internet, and the only people, outside of the club of cardinals, who will be on hand and close to this group at all, couple of doctors in case of emergency, people to clean up and feed the cardinals, and also a couple of priests for confession. shep? >> shepard: amy kellogg, live in rome. we'll be heading over there tomorrow, my team and i, and we'll have live coverage. >> senator john mccain is here live night. we'll talk to the arizona republican about sending bin bin laden's son-in-law to new york instead on guantanamo bay. we'll talk about the split in the republican party. look at that. man alive. the jersey shore? the latest winter storm has packed a punch. tearing this home off its foundation. we're live down the massachusetts coast from that spot. this day calls you. to fight chronic osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, y will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can helpeduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta inot for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, lir disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help. >> shepard: some republican lawmake are blasting the white house for bringing the capture ode son-in-law of osama bin laden into new york. they're accused of being sneaking. they say the former al qaeda spokesman is clearly an enemy combatant and should go straight to guantanamo bay. the white house defends the decision, noting the u.s. has tried other terror suspects in civilian courts in 2009 the president pledged to close guantanamo bay. congress blocked him. the lawyer for bin laden's son-in-law says the suspect is right now being held at the metropolitan correctional center, operated by the federal department of prisons a division of the department of justice. there have been berniemadoff, and the 97 world trade center beening. we're live in d.c. reporter: just as you said, sets the statement for a high-profile terrorist trial blocks from ground zero some re-ignites intense republican criticism of the administration for trying terror suspects in civilian courts where the rights apply. >> this man right next to osama bin laden, involved in the attacks on our country on 9/11, don't you think it would be important we not tell him he has the right to remain silent? >> along with senators mccain and graham cop demmed the decision saying, quote, the decision to try ghaith in a u.s. court contravenes the will of the american people and will not go unchallenged. the white house pointed the times square bomber and the underwear bomber, now both serving life sentences. >> at the department of defense, the department of justice, the department of homeland security, intelligence community, agrees the best way to protect our national security interests is to prosecute ghaith in an article 3 court. >> one scholar doubts this crimes meet the military requirement for a military tribunal. >> for the lindsey grahams of the world who say gitmo all the time. that's fine. but those who say military commissions, military commissions, sorry, but he can't be charged with material support for terrorism, which can carry a life sentence, because that is disallowed at a legal matter in military commission. but keep in mind the administration backed down from trying kalib shake mohammad in manhattan after police said security would cost $200 million per year. this trial is expect it to take three weeks. >> shepard: thanks very much. juror john mccain is with us now, member of the snarl averaged services committee, the senate committee on homeland security, back home in arizona. senator, thank you. >> thank you. >> how do you feel about this trial in lower manhattan? >> well, of course i'd be very interested in these days of sequestration how much the security costs will be. but importantly in the short term, if this individual got his miranda rights, which i'm confident he did, because any good lawyer is going to tell his or her client to do that -- then we are deprived of the ability to interrogate this person and thereby perhaps being able to prevent attacks on the united states of america. and i'm not talking about water booing. i'm saying the very successful interrogation techniques where we can find out vital information. second of all, in all due respect, this man is not a common criminal. he is a member of the al qaeda hierarchy, being that close to bin laden, and he clearly in my view, qualifies as an enemy combatant, which means he is tried by military commission. >> shepard: senator, they didn't drone him so we would have that opportunity. but there's a lot of dropping going on, and the topic du jour for the last couple of days has been senator rand paul of kentucky's filibuster on capitol hill help got a response out of the white house whether the government could kill american citizens on american soil if they're not engaged in combat, and then of that filibuster you've said this. >> the country needed more senators who care about liberty. but if mr. paul wants to be taken seriously, he needs to do more than just pull political stunts that fire up impressionable libertarian kids in their college dorms. he needs to know what he is talking about. >> shepard: about what is he cop fused? >> first of all issue was reading from "the wall street journal" editorial, which i thought was right on mark. that's why i read from the editorial. second of all, no one is going to be struck by a hellfire missile from a drone that is not an enemy combatant. that's just a fact. by the way, the reason why we use hellfire missiles overseas in places like yemen, we don't have the ability to capture them. we want to capture these people, not kill them. >> shepard: i know information suggested to us we had agents and the host country had agents following aulaqi for 48 years, directing where the drone would shoot. would not be possible to capture million do what is howard under the constitution rather than killing him? >> actually, it's one thing to follow somebody and know their whereabouts, it's something else to capture them. the reason why we kill people with drones is because we don't have military on the ground to get them. second of al, jane fonda, no one believes no matter how egregious her activity was any president of the united states would launch a hellfire missile on jane ton damp. that is ludicrous. so instead of -- right now the centrifuges are spinning in tehran. the north koreans are threatening to launch a nuclear weapon against us and are threatening their neighbors. 70,000 people have been massacred in syria while we sit and watch, and the middle east is a tinderbox. that's what we should be discussing and debating, not the impossible scenario. and by the way, i want more congressional oversight. i want the whole drone program switched over to the department of defense so we can have the kind of oversight it needs. we need to have debates in congress. >> shepard: what about after the attacks of 9/11, congress gave then-president president bush the authority to use drone strikes. would you be willing -- >> no republican. >> shepard: -- of congress debating that -- the beginning and where that came from. maybe the better define when and with whom and where we're at war and put more parameters on the president's ability to drone. >> frankly, that's just what i just said. i notice that very few republicans, if any, minded when president bush was president about launching drone strikes. maybe that's logical. of course, will repeat, we need congressional oversight. i believe all of this should be transferred to department of defense. we need parameters as to the president's behavior. we need more transparency. but to somehow translate that into dropping hellfire missiles on people in cafes in the united states of america, that is not what we should be discussing. >> shepard: part of this is about technology and part of this is much bigger. listen to what rand paul said in response to yours and lindsey graham's appearances on capitol hill. >> i think it's a good debate. i think they're on the wrong side of history. both of these senators argue that america is part of the battlefield for the laws of war apply. the laws of war sometimes don't involve due process, and i acknowledge that. if soldiers or the enemy is shooting out our soldiers there nose due process involved. we shoot back to kill there nor judges and juries. but america's different. >> shepard: is america a battlefield? >> well, may be -- you've might think so after 9/11, if another airplane was headed towards the united states capitol, such as the one that crashed in pennsylvania, i'm confident that we have the capability and should shoot that airplane down even if, tragically -- and i mean tragically -- there are innocent americans onboard the airplane. so obviously if you think the battlegrounds is outside the united states of america, when everything they're thinking every moment of the day and night is to find ways they can attack the united states inside the united states, i -- my understanding of al qaeda and most people's is they'd love to attack the united states, and from within. and so i hope that we can continue this debate, as we said, but i also am very concerned about many other things, including sequester and the damage it's done, which some of my republican friends don't seem to be too -- as concerned as they should be in my view. >> shepard: senator, part of this is about the battle for the heart and soul of the party. that's long-held republican and conservative view on war to avoid it at all costs. that sort of a voice has had a difficult time. the rand paul wing, if you will, has had a difficult time having its voice heard. you and others have been interventionists. let's intervene in sirra, intervene in libya, let's been, bomb, bomb, bomb iran, is it your sense that -- >> do you really believe that? you really believe that? >> shepard: sir, all i'm asking you, is it your sense that rand paul may be bridging together those people in the base whom align maybe in some cases more closely with the left than with the right? for instance, frank rich this morning, was on board with this. so was eugene robinson. >> let me say that senator paul was the one vote against the resolution in the united states senate that said we should not allow iran to acquire nuclear weapons. if you're going back to this joke i said -- >> shepard: i didn't mean it as a joke,. >> it was a joke and your saying i wanted to bomb iran and of course i never did. the party of ronald reagan is the party that believes that we should have peace through strength and that's the best way to prevent these things. i'm of the party of ronald reagan and there's been a debate in our party for years and years about whether we should withdraw the fortress america or not. but to say we're interventionists if a mislabeling and absolutely false. we are for a strong america, and we believe that is the best way to prevent war, rather than a weakened military, which many of my colleagues now support, who are isolationists, going back to post world war i. >> shepard: republicans want to win and another thing for sure, they been winning in national elections lately. not thing for sure, there's a battle for the soul of the party. and there appear to be two wings. rand paul just made his entrance on to the national stage, and upon watching your quote and senator lindsey graham's quotes, the republican strategists -- ritz wilson saw this and said senator rand was asked if this was representative of the twilight of the old order of the republican party? tis the republican party changing and do you think the change is good? >> after i came home from vietnam, our mill tier deteriorated to the point where the chief of staff of the army came before congress and said we have a hollow army. we're doing that in the form for sequestration jessica, -- sequestration, and along came ronald reagan that won the colored war without firing a shot. that's the wing of the party i'm part of and i believe will be the future of the republican party. you can go back to post world war i, prior to world war 2 charles behindberg, henry ford, post world war ii, the taft wing of the party. there's always been that element but the winning part of our party is that which believes like ronald reagan did and that is peace through strength and that's the best way to avoid conflicts, including what we're seeing where the world believes america is we can and withdrawing and they're making the kind of conclusions i think will endanger america's future. >> shepard: senator john mccain, with us from arizona. thank you so much. >> thanks for having me on. >> the tsa miss aid fake bomb in an inspector's pants even after a patdown. what does that mean? stay tuned. max and penny keptur bookstore exciting and would always come to my rescue. but as time passed, i started to notice max just wasn't himself. and i knew he'd feel better if he lost a little weight. so i switched to purina cat chow healthy weight formula. i just fed the recommended amount... and they both loved the taste. after a few months max's "special powers" returned... and i got my hero back. purina cat chow healthy weight. after a few months max's "special powers" returned... ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply bemes consider it solved. emerson. ♪ shipship you'll soon be able to bring small knives and golf clubs on the plane but explosives are still illegal and yet the tsa just revealed it let an undercover inspector sneak a bomb, or fake bomb, past the airport security. that's what a sourcees telling me from the new york post newspaper, our parent company. so it appears the passengers were not in danger, it was a fake. this was at newark liberty airport. the inspector stuffed the fake explosive into his pants where security screeners failed to detect it even after two screen examination a patdown. trace gallagher has more. what do we know about this operation? reporter: it happened in term b where the american and jetblue gates are. two of the agents had improvised explosive devices. one inside a child's doll, had wires out and was quickly detected. the other was in an agent's pants, apparently like the underwear bomber writ made it through the magnetometer, and the patdown. we don't know the makeup of the ied because the tsa will only say: due to the security sensitive nature of the test tsa does not share publicly details, what is tests or the outcome. but a former tsa assistant administrator says he is concerned for always ropes and also comforted. >> that's what they're doing these tests for. how to improve the screener training our screeners go through each year. continually raise the bar to make sure they're at the cutting edge of detection. and really the only way to do that is to really do it through these red team tests and have them push the envelope and determine what is feasible and what is not feasible. >> the red team also test ed terminal c. the results up known. >> shepard: over time newark liberty has had some security lapses. >> yeah, of course newark is one of the starting points of the and a half hijackers, and even years after these red teams would get one out of every bombs through security. last year 52 agents were fired because of major security lapses. then there was the famous romeo case where this guy, an unticketed passenger, walked right by security and was able to kiss his girlfriend in an unsecured area. that was major break. tsa has 1400 agents at the newark liberty international airport. >> shepard: thousands standing around. the latest winter storm has been burn -- punishing new england. strong winds and now another system is on the way. more snow. we'll show you where. that's next. h ] i took something for my sinus, but i still have this cough. [ male announcer ] a lot of sinus products don't treat cough. they don't? [ male announcer ] nope, but alka seltzer plus severe sinus does it treats your worst sinus symptoms, plus that annoying cough. [ breathes deeply ] ♪ oh, what a relief it is! [ angry gibberish ] departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there ! we'll e-mail your receipt in a flash, too. it's just another way you'll be traveling at the speed of hertz. >> shepard: a weather alert now. the deadly winter storm causes major problems for folks in new england. this is the scene hours ago along the northern coast of massachusetts. powerful winds and flooding ripped the house off the foundation. nobody in the home at the time. officials figured that might happened so they already disconnected the utilities. you can see the waves washing ashore some sort of appliance there. forecasters say the storm dumped a foot of snow some regions. let's get to the forecast and nick gregory. what's the weather, nick? >> it's getting better for the folks in the northeast. you can see on the satellite photo animation, it's all shrinking, wining down into -- winding down, and the air flow is coming from the east. that could cause another round of coastal flooding, southeastern massachusetts and the jersey shore tomorrow morning. temperatures above freezing. from the big cities now so the evening commute should be just roads wet. boston, 13 inches. six at port smith, new hampshire, four in new york city. and blockbuster totals south of boston, 24 inches, manchester, at 19. manchester, connecticut, 18. >> shepard: lots of snow and more on the way, nick? >> we're watching another storm from the southwestern states moving through l.a. right now, brought heavy rains the and is going to bring heavy snows, blizzard conditions in eastern colorado. a foot of snow there moving into the western high plains states. so that's the problem moving into the weekend. >> shepard: nick, good to see you. justin bieber, the babies is -- the biebs is having a bad development hours after he passed our on the stage, the dropped a flurry -- flurry -- flurry of f bombs on the paparazzi and lunged at a couple of camera guys. block whether [ male announcer ] hunt...farm...or trail... polaris has what you wan legdary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 800 midsize. and full-size workhorses including the all-new, class-leading, 60-horsepower, ranger xp 900. polaris. hardest working, smoothest riding.

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Transcripts For FOXNEWSW Studio B With Shepard Smith 20130117

>> the reporting is his name is ronaiah tuiasosopo, the one behind hoax, and the alleged girlfriend's name is lennay. >> the attempt to rescue dozens of hostages, including american citizens from a gas field in africa, led to a number of deaths. the white house white house is calling it a terrorist attempt. what may be the strangest story of the day. notre dame's captain and star linebacker claims somebody tricked him into believing his online girlfriend died of luke keep a. but some critics say his story does not add up year the nightmare continues for boeing's knew fleet of dreamliners, all ahead. >> first, the hostage situation. at a bp natural gas facility in the african nation of algeria, today reportedly turn deadly. fox news learn two americans have escaped. the white house would only say those americans are involved in what defense secretary leon panetta called a terrorist attack and the situation is still fluid. the algerian military launched a rescue operation without american help, despite the pentagon's offer to assist, and it reportedly did no go well. the militants claim the raid led to the deaths of 35 hostages 15 cappers and there's word there are four hostages free. but we're still getting conflicting reports on details here. all this, one day after the militants stormed the facility near the libyan border, algerian state television reporting. it was payback for algeria letting france use its air space. here's news from the pentagon. a lot of conflicting reports here. what do we know about the americans involved? >> what we can tell you for certain, those two americans who escaped are on route to london. they should be landing there sometime later today. but we also -- secretary of state clinton just spoke about the situation in algeria. >> instability in mala has rated the opportunity for a staging base and safe haven for terrorist. >> the white house confirms there are still americans being held. we have confirmed from other sources there's at least one american still being held by the hostages, the hostage takers claim to have killed 35 hostages and now the algerian government is for the first time admitting there were casualties that resulted from their raid. our sister network sky news said there were reports of a large explosion at the facility a little over two hours ago. what we can confirm is that a little after 7:00 a.m. eastern time, the algerian military opened fire at the facility using helicopter gunships. they were trying to -- it was a raid that went wrong, but they are still encircling the facility. >> what, if anything, is the u.s. military doing to help? >> no u.s. troops have been sent into algeria. we do know that one u.s. drone was repositioned over the facility there. we confirmed that from u.s. officials. that drone is unarmed but is taking visuals of the facility. there are u.s. troops on standby, commanders and forces on standby in germany, but it has not been given permission, we're told, from the algerians for any u.s. forces to go in and help the algerians, have essentially turn down offers of u.s. help. we know there's a national mission, tier one group of special operators mobilized in north carolina, but no permission as of yet from the algerians to move those special operators in to help in any way at this point in time. >> thanks for the latest. we'll check back with you. turn now to former state department official christian whiten, a form advisor to the special envoy. >> there's been fighting for many, many years, is this the work offing a quite? >> i think so, or at least a group linked closely with al qaeda. membership in that group is not so organized as a political party or michigan like that. al qaeda operates often as a venture capital type groups and supports people willing to conduct violence. initial reports indicate this group has had linkages with al qaeda. >> who is the lead are of this group? >> the one-i'd algerian. known as a jihaddist and a war lord and smuggler. we don't know what exactly his motive was here. i guess, christian, the wider issue here, once you get this operation over with, is the rise of islamic extremic across north africa, threatening to become the new afghan. >> how privacies is it there? >> it's bat. and next door in mali you have an islamist insurgents, and this has not made big headlines with the administration lying that al qaeda is on its heels. >> negotiating with terrorists like this is notoriously dubious. you just don't do it because you don't get anywhere. >> that's right and that's what they algerians may have done today in wanting to move rapidly, probably drawing from their own war against islamists. >> you hear what generalster griffin says, our special ops are still in germany. what do you make of that and what appears to be the obama administration kind of in the dark as to what's going on. >> it is. we have a minor operation going on related to mali, -- not in mli but next door. the united states is supporting the french-led mission, contributing intelligence and surveillance. so you -- you'll see that fluffed today. >> could the united states issue a rescue operation if need by? >> i think so. a completely lawless situation. where u.s. citizens in danger and local governments not being responsive. that's not the case. but i say we have the right to. >> do you suspect there's no appetite for that at the white house? >> i think so. the notion that the tide of war is receding and al qaeda is on its heels has outlasted the campaign and will continue into the second obama term. >> this would be contrary to the narrative of the white house. >> that's right. that's right. >> christian whiteon, thanks very much. >> new details about the bizarre, alleged hoax, against one of hollywood's biggest storms, manti te'o, there was word that his -- grandmother and girlfriend died within hours of each other. she was diagnosed with leukemia and died. but turns out she never existed. this photo was storm from a woman who says she had no idea it was being used as part of the scheme. a web site breck this. te'o now says he never met their girl in person but developed a relationship online and he, too is a victim of the hoax. here is i talking about the nonexisting girlfriend back in october. >> you have somebody that you talk to every single day, you sleep with on the phone because she has -- is going through a lot of phone and the only way she can slip is she knows you're on the other side of the phone, and you do that eave single night for the past four months, and all of a sudden it's silence that silence eats at you, and it's eating at me, and it continues to eat at me. but that's where faith comes in. >> te'o says at the time he believed she was real. that's what he says, and calls this whole thing a sick and humiliating joke. notre dame officials sayty otold them about this hoax the day after christmas, and the school athletic director is defending his star linebacker. >> manti was the perfect mark because he is a guy who is so willing to believe in others and so ready to help, that as this hoax played out, in a way that called upon those tendencies of manti, and roped him more and more into the trap. the single most trusting human being i've ever met. will never be able to trust in the same way again in his lymph that's an incredible tragedy. >> this all comes less than two weeks after te'o led notre dame the bcs championship game, which the irish lost. he was also runner up for the heisman trophy and is expected to be a first-round draft pick for the nfl, but right now, there are whole lot of questions about exactly who was behind the hoax, the duped so many people. mike has more on this, mike, there's still a lot that really doesn't add up here. any way of knowing who is telling the truth? >> you know, it's really hard to tell if te'o was part of a hoax, just a college kid who inflated a story about a girlfriend, or if he was duped just like everyone else who followed the story. about the only thing that is clear, that the athletic director at notre dame is standing behind his star linebacker. >> every single thing about this, until that day in the first week in december, was real to manti there was no suspicion no belief it might not be. >> te'o released a statement, part of it said: i hope that people can understand how trying and confusing this whole experience has been in retrospect i obviously should have been more cautious. still, there are those images of te'o pointing to he heavens with both fingers after making a good play, indicating his late grandmother and the girlfriend, lennay kekua who never existed. he had interviews implying he'll see them again in heap. of course he never saw kekua. >> this whole thing stinks like himburger cheese and a lot of people fell for this. >> the handle media ate it up hook, line, sinker. a story too good. a football great triumphing through his pain. the south bend tribune wrote a dripping love store about the first time the two met. we know that never happened. the in first interact was reportedly in 2010 over twitter with a handle,@love you, detailed encounters in which a phone was held up to the ear of cue kekua, who was in a coma, but when she heard te'o's voice, her breathing was better. but it wasn't real, and no one bothered to check with the hospital. no one even checked to see if the up newspapers had run an ob. >> i went back today and looking at four different interviews te'o did, and you walk away with a very clear impression he had met her in person, the had a face-to-face relationship. so we'll talk more about this in the newscast today. mike tobin. thanks very much. regardless of who is responsible for this hoax, could be a problem when te'o starts what could be a successful career. another sports scandal unfolding today. lance armstrong, years of cheating. already lost this tour de france titles. now, just hours before his interview with oprah, he is losing hi olympic medal. can his brand be repaired? >> more now on the apparent hooks involving a top college football player. his online girlfriend who he now says turned out to be fake and the many questions how everybody seemed to be duped. we have the president of the communications firm emregard partners, co-author of a book about how p.r. trumps advertising in the new media world. s i mentioned, i went back and looked at four different interviews that te'o game. he leave as clear impression they had a face-to-face permanent -- personal relationship. now he is saying, i never really met her. doesn't add up. >> lance armstrong couldn't even make this one up. so bizarre. the lessons, don't believe what you see on the internet. don't believe the sports information, public relations machine at colleges. journalists are gullible. no offense. the big question here is the one that you're suggesting. was manti involved in this thing? what did he know? deadspin which broke the story claims that when ronaiah few open 'o, who te'o knows, what the architect of the hoax and reports suggest that te'o was in on this. my question to you is, truth always comes out, especially with the internet and twitter and all the stuff out there. he has to come clean if he hasn't already. right? >> absolutely. in other words, he is going to be scrutinized -- has to have a press conference. notre dame already has egg on its face but doesn't want an omelet. so notre dame's credibility is at stake here, and what they are depending on, as crazy as it sounds, this kid was just dumb, got duped. we do media training with executives and you always ask them the unacceptable answers, do you do this because you were greedy or stupid? notre dame is hoping his sans was, i was just stupid. >> he is inconceivably naive or narcissistic. his credibility could be absolutely shattered in this thing, and he could about a first-round draft pick. i got to think nfl teams don't like players who lie. >> no. this will be part of the analysis of him as a draft pick. he has got to not know anything about this, because the -- his credibility, the credibility of notre dame, are all on the line. that's why this press conference, where he is scrutinized, has to wean up with him saying i was duped. >> notre dame new about it the day after christmas. they put an investigator on it. he comes up with a report that says it's a hoax, but notre dame didn't tell anybody not after the championship game. the only told people the truth because it got broken by deadspin. >> the easy thing to say as a p.r. guy, they should have announced it immediately. my advice would have been, this is a bad, embarrassing story, hopefully nobody will find out. if they find out we should be ready to answer everything. now they found out, they've got to answer everything. >> well, notre dame is now note notre shame to some people. >> every one of boeing's new dreamliner jets grounded. the latest on the troubled planes coming up. plus, folks down south are not used to snow. but today, they're going to get several inches of the white stuff. that coming up. 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>> they're going to be getting a swath of snow. some areas may see a half foot to a foot of snow. it will swirl down here in alabama and georgia. the track is towards the east, and while we're seeing rain in the carolinas, the colder air will come down the appalachians, changing that over to snow, and even though there's rain in the area, that will be changing over to snowfall. so one to three inch, to three to six inch snowfall, into southern virginia as well. the jackpot is the higher terrain here, the western edge of north carolina, southwestern corner of virginia. this is during the nighttime hours and the early part of friday morning. the northern edge of the precipitation may brush by southern new jersey with an inch or so, and east of long island. the good news is tomorrow's high temperatures should start to rebound into the 40s, which will aid in melting of the snowfall move through the southeastern states. frequent? >> but a beautiful 81 in miami. >> got to love that. >> thanks very much, nick gregory. lance armstrong already lost all seven of this tour de france titles. now looks like he'll have to give up even more. that's coming up, as we approach bottom of the hour, top of the news. >> the stung fall from grace continues for lance armstrong. the international olympic committee announced it has asked the disgraced cyclist to return his bond medal from the 2000 has been stripped of his seven tour de france titles, and this week he reportedly admitted to oprah winfrey that he doped. >> trace gallagher has the news now. trace, is the timing of this related to the oprah interview at all? >> no, not at all. greg. in fact the international olympic committee started talking about revoking lance armstrong's bronze medal last moth but it was a timing issue because they head to wait for the ioc to strip lance armstrong -- the international cycling union to strip him of his seven tour de france titles and then lance armstrong had 21 days to appeal losing the titles, which he did not appeal so now the bronze medal is gone and the bike rider who was fourth behind lance armstrong in the 2000 sydney olympics will not move up into the third place slot. >> has oprah released anymore information about the interview? >> it's odd. she has released nothing at all. they said they wanted to keep a tight lid on this and they have. all we have seen is this picture right her of oprah talking to lance armstrong. we talked to sports writers. they hope lance armstrong does not come out and start blaming things like his cancer, saying he started doping to feel better and get better, and here's what they say they would like to hear in the interview. listen. >> one of the things he kept on stressing in every single interview ever did, he has taken hundreds of tests and not a single one came back with any sort of positive results. so how was he able to do that and get all of his teammates on the u.s. postal service cycling team -- how were they able to pass the test as well? >> remember, it was 500 tests that he didn't fail a single one. maybe we'll fine that out. of you're curious, 9:00 tonight on the oprah network. tonight and tomorrow night. >> trace, thanks very much he is co-host of cofounder sports radio 790 the zone. good to talk to you. my guess is that lance armstrong's confection -- confession will not be full, will not be complete, may not be sincere. he may be trying to hedge it, and he may come across as a guy who is not sorry he doped but just sorry he got caught. if that's the case, does he make matters worse for himself? >> well, i like your conception. i tend to i free with what you're saying. i don't care how well rehearsed it is and i don't care the historyonics, lance armstrong is one of the most insufferable athletes in the history of sports, and the amount of abuse he heaped upon his teammates, the amount of disregard and arrogance he showed the olympic committee, the antidoping agency, the lies, the deceit, and the person that he was, it doesn't matter what comes forward tonight. so, will it be the moment that everybody starts to feel like there's another way of perceiving him? i don't think so. i think no doubt, if he does not at least come clean to the point of what everybody already knows, you bully your teammates, orchestrated the entire thing. you're a liar, deep a liar as ever been in the public eye. and if he didn't do that, what's the point? >> he didn't just lie prodigiously and single handedly ruin a sport, really. he was a bully and a vicious bully who tried to tee destroy people's lives. >> absolutely. >> and, americans have great capacity for forgiveness, but i wonder if his brand can ever be salvaged or is it beyond repair? >> 0 oh, yeah. people -- how are you going to -- he is not doing anymore races. his moment of -- not like he is a pop singer. he is not a politician. his career is over. the book has been written on his career. so what could he possibly do? we always kind of gave the benefit of the doubt that even if some of this is going on, the livestrong foundation and cancer work had positive ramifications, i always try to point that out. but he is a -- insufferable, the arrogance. on a personal level -- i hope oprah talks about what his personal life looks like over this period of time. >> i can't even go there, it's been so abysmal. but a lot of people may come away from this interview saying, he is still lying and he is trying to manipulate miami for selfish reasons because he wants to get reinstated and compete in marathons and triathlons and so on and so forth, because the money has dried up. the cheers have turn to jeers. he has become a pariah, a flawed, and a -- >> i think we all understand, whether it's a politician or athlete, whether it's an addiction or a weak moment, whether it's a woman involved or which will or drugs, just look up the street. people grapple with that every day and they battle it, and if you get in front of the public and say i had a problem -- even tiger woods, theirs a level to say, who am i to judge. but you have to understand, this is years and years of literally ruining people's lives and suing people who were just trying to tell the truth. this is not something you can wipe away with a teary moment in austin, texas, sitting next to oprah winfrey. some things cannot be forgiven. and why are you there? was at it moment of great clarity or was it a complete act of desperation from a person that treated everyone in his world about as badly as you can. >> forbes magazine had a great opinion on this. he destroyed the values that defined him. stake shapiro, thanks very much. >> always great a talk a you. >> the problems are piling up for boeing over the 787 dreamliner. the federal aviation administration ordering a temporary grounding of the planes. the faa cozy decision coming up after battery problems forced an emergency landing in japan. amateur videotape from inside the plane shows passengers evacuating the aircraft, investigators found burn marks around the leaking battery. that's just the later in a series of issue with the dream liners. among them, an electrical fire in boston, fuel leak some a cracked cockpit window. >> airlines on three other continents now taking precautionary measures, in this flight from the united states arrive thing tokyo today. it's the last flight to land of both countries grounded the 787. dan springer is live in seattle near where teams assemble the aircraft. what is boeing saying about this? >> as you expect they're in crisis mode. the 787 is very important to the company's future. this is a showcase plane. a whole new design based on better fuel efficiency, more comfort. the planes have been flying for more than a year. around a million passengers, and the results have been good. they use 20% less fuel, thanks to the use of composites and a revolutionary electrical system that was lighter and produced twice the power of standard plain planes. the company's ceo says we are confident it is safe and we stan behindded integrity. we'll take every step to assure our customers and the traveling public of the 787 safety and return the airplane to service. it's hard to predict exactly how long this will take to get the planes back up in the air, but analysts are saying it could last months, greg. >> has to be causing a whole lot of headaches not only for the airlines but their passengers as well? >> you got it. the airlines have sunk billions of dollars into the dreamliners. each one cost over $200 million, and now they're scrambling to get replacement air craft so their passengers can get out. within the last two weeks, two different airlines -- within the last week, two different airlines opened brand new nonstop routes to be flown sluice live by the 787. one was san jose to tokyo. the other, chicago to poland. so far many flights have been cancelled, leaving a lot of plans in limbo. >> i leave tomorrow or take some flight tonight by different airplane lines, then continue. >> the last time the faa grounded a plane was 199 of a tragic crash involving a dc-10. that turned out to be the fault of an airline maintenance crew. so we have to see about the boeing battery issue. >> that hurt mcdonnell douglas back then. >> like to give you a little good news. apparent good news, on the jobs front. the labor department reporting the number of americans filing for first time unemployment benefits fell last week, down by 37,000 to a total of 335,000. that the lowest level since right after the recession began five years ago. but the economists are warning the drop could be due to seasonal volatility because the numbers can actually vary from week to week in january, especially, as retailers and other companies lay off all the seasonal workers. we still don't know exactly what has happened to all the american hostages in algeria. about all we know for sure is that the entire region is a dangerous place right now. the latest from there, and the fighting in neighboring mali. next. my doctor told me calcium is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. with efficient absorption in one daily dose. why do people count on sunsweet prune it's made only fromn the prunes, nothing else. it works, simple as that. it's a natural source of fiber and five essential vitamins. it's the smart choice for me. stay fit on the inside with sunsweet's amazing juices. the algerian operation against militants holding hostages in the african nation is reportedly over, according to algerian state media. we don't have anymore details. fox news has learned that two americans have escaped and there are reports that others may have made it out alive from the gasfield near the will -- libyan border. what do we know about the nationalities of the hostages? >> we know very little. every bit of information coming out of algeria has to be treated with some skepticism right now. what we have been told, what we have been able to glean from various reports and various government statements is the following: in terms of american hostages -- put up the figures here -- seven were being held. the british government only said that several of its citizens were being held. the norwegian company that owns the facility says nine of their workers were being held. france said yes but would not give any numbers. jay carney was asked about the situation of american hostages at a whys news briefing earlier today. here's his answer. >> it is our understanding there are americans involve but i would say a couple of things. one, we condemn in the strongest terms the terrorist attack on bp personnel in algae ya and we're closely monitoring the situation. near contact with algerian authorities and our partners and with bp's security office in london. unfortunately the best information we have at this time, as i said, indicates that u.s. citizens are among the hostages. we don't have more details. >> now, the algerian government has spoken about this. it will only say that the raid happened, it is over, and in its words, a few hostages died. does it seem the algerians acted without even telling the united states and other nations? >> victoria newland, the spokesman at the state department was asked repeatedly about this earlier today. she would not answer the question, did you get prior knowledge of this with any definitiveness at all. the british prime minister, david cameron, says his government did not know. he seemed to be somewhat perturbed by that. he also appeared to be preparing the british public for bad news. listen. >> we know that this is a very difficult situation as algerian forces have attacked the compound, and it is a fluid situation, ongoing, very uncertain. so i don't want to say anymore than that now. i think we should be prepared for the possibility of further bad news. very difficult news in this extremely difficult situation. >> now, following on from that, we understand that algerian state television has just reported that four people died in this operation, two from britain, and two from the philippines, but as with pretty much everything in this situation, greg, we have no confirmation of that. >> jonathan hunt, thanks very much. the the apparent ringleader of this attack on the algerian gas facility is a veteran jihadist with ties to al qaeda, and lawmakers say al qaeda had a hand in preplanning the entire thing. katherine is live from washington. what are we learn about al qaeda's involvement? >> the chairman of the house intelligence and foreign affairs commitee saying they believe the algerian hostage situation was premeditated with advance training before the for instance of french assault in mali over the weekend. >> it's clear they began this operation before the french began the counter-battery work or began to send the french foreign legion in. so this operation has been planned for some time. >> congressman mike rogers who has been getting regular updates on the situation in al jeer -- algeria, believed al qaeda pulled the trigger on an operation already in the pipeline. >> they were trying to figure out the security footprints and plan their attack and that takes time, especially the level they undertook in this event. >> asked if there was any intelligence warning of the attack, rogers saying it was well understood since benghazi this group's focus was on western targets. >> what are we learning about the al qaeda operative who apparently organized this whole thing. >> well, french inte a nickname for the operative, the uncatchable. he is one-eyed. and has been reported dead twice in recent years. another key element for those who track him saying this operation in algeria is a departure, believed to the largest al qaeda kidnapping, and in december when he announced the setup of his own operation, his spokesman said his ties are to the old guard and the traditional al qaeda leadership. >> under the control of al qaeda central. that is a central fact who this is guy is. >> analyst says these groups have common interests, they're clearly pooling resources, munitions, and algeria is a case in point. >> katherine heritage, live. >> president obama just days from officially kicking off his second term. we'll take a look at what to expect as d.c. prepares for the inauguration and the arrival of hundreds of thousands of folks. first, the advice columnist known as "dear abby "has died after a battle withalzheimer's, her real him in, pauline phillips. her daughter helped her with the column and by the time the illness was announced, jean phillips continued the colin. dear abby and her sister, an landers, had a stormy relationship. tonight, pauline phillips was 90 years old. i got this snapshot thing from progressive, plugged it into my car, and got a discount just for being the good driver i've always been. i'm just out here, snap-shooting it forward. you don't want to have to pay for other people's bad driving, do you? no. with progressive snapshot, you don't have to. i'm going to snap right now. bam, there it is. goes underneath your dash. keep safe, and keep saving. you know, i won't always be around to save you money. that's why you should get snapshot from progressiv all right, dude! thanks! to the safe go the savings. president obama will be sworn in for his second term as president this sunday, january 20th, and then sworn again the following day in a massive public ceremony at the nation's capitol. he was also sworn in twice in 2009 because the supreme court justice, john roberts, botched the whole oath of office. add them together and president obama ties fdr for most time taking the oath of office. a little trivia for you. she is set to join shepherd for monday's inauguration coverage, good to see you, amy. >> good to see you. >> given the deep political enmitt in washington, is the inauguration a bit of a charade? >> this is a particularly difficult year, not just in the way that second inaugurals are dull affairs and because president obama's first one was so exciting, that this is bound to be a snorer. but everyone has watched what happened with the fiscal cliff and our government is barely funking, lurching from one deadline to another, in a crisis we have to resolve. the parties are not speaking with each other. the speaker of the house refuses to speak to president obama about the debt ceiling and possible default. president obama says the same about him. there's not just a difference about this, all the money, pomp and circumstances, people don't feel like celebrating. there's a weariness and it's bipartisan but people do it bass it's one of our rituals that demands we come together and show the world we are the greatest democracy and we are unified in these moments for a reason. >> so, it's happy face for a day. >> you mentioned his first inaugural with all the soaring rhetoric and the promises of hope and aspirations, going to transcend the petty partisanship , usher in transparency, remake politics. arguably it didn't happen. what really can he say? >> it's going to be very difficult for him to come up with an address that really changes people's opinion about the state we're in or the direction of his second term. it's going to be hard to inspire. he'll probably go long. i don't think re'll follow abraham lincoln and just use 705 words, but he'll take credit, certainly, for some of the things he has done but it's going to be hard for those be a historymake can address. >> washington's was the shortest, 135 words. i'd like that. i just like short speeches. historians have said abraham lincoln -- speaking of lincoln -- and he is going to use lincoln's bible -- hi second inaugural was the greatest speech of any kind according to some historians. do you think the president is going to try to do something, say something new and exciting to orchestrate a wow moment? >> i think he'll try. he likes to do that. he likes to write speeches and give them. he thinks this is one of his great talents. i think he believes with a public approval rating of 52%, which is better it's been the years, he has a mandate from this election, his detractors disagree but he is probably going to try to say this is a critical moment, we can come out of the abyss, we can come together some change things. it's just going to be hard to get to a point where it really resonates with people because, as i said, our government right now is really kind of paralyzed. >> in the end, as historians often write, it's the deeds that supersede the word. we look forward to your commentary on inauguration day. >> a reminder, amy will be joining shepherd on monday. tune into the big fox network at 11:00 a.m. eastern, and back on the fox news channel at 3:00 p.m. eastern. this is sheldo whose long day setting up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. fiber one. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! yeah, this is pretty good. [ male announcer ] over a third of a day's fiber. fiber one. >> announcer: you never know when, but thieves can steal your identity and turn your life upside down. >> hi. >> hi. you know, i can save you 15% today if you open up a charge card account with us. >> you just read my mind. >> announcer: just one little piece of information and they can open bogus accounts, stealing your credit, your money and ruining your reputation. that's why you need lifelock to relentlessly protect what matters most... 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Transcripts For FOXNEWSW The FOX Report With Shepard Smith 20130223

>> you don't need us to tell you that gas prices are back on the rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you that gas prices are back on the rise. >> you don't need us to tell you that gas prices are on the rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you gas prices are back on the rise. >> you don't need us to tell you that gas prices are back on the rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you gas prices are back onment rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you gas prices are on the rise. i know. >> you don't -- thanks, everybody. that's it for this "special report," fair, balanced and unafraid. make it a great weekend. >> shepard: this is the fox report. tonight a brand-new legal threat for lance armstrong. now the feds are joining a suit against the disgraced cyclist. plus, he's getting out of jail, the blade runner. he's walking free. even though he admits he killed his magazine model girlfriend. tonight the conditions of his bail, the reaction in south africa. and what the friends of that dead model say about this. manhunt for the vegas strip capitol hillers. investigators say they shot up a maserati and left three people dead. >> make no mistake, we're going to pursue these individuals. >> shepard: tonight armed and dangerous and on the loose. but first on fox this friday night, the blade runner is free while his girl friend lies dead. a judge granted bail for oscar pistorius. the decision comes after hours of testimony and nine days after the blade runner shot and killed his cover model girlfriend, reeva steenkamp. he has been claiming all along that he thought his girlfriend was actually an intruder hiding in his bathroom. that was valentine's day. that's when the shooting happened. a tragic accident, he says. the judge said the blade runner's story has improbabilities and he questioned why pistorius couldn't determine who was hiding in the bathroom before he fired through the door. but he also criticized the former lead investigator in the case for what he called errors and blunders. and he said this story presented enough evidence that he should go free until the trial. no cameras during the announcement. so some listened to the judge's decision on a car radio outside. >> i come to the conclusion that you submitted a case to be released. >> released on bail. celebration there is, but no solace or the family of the girlfriend. one said, quote, it doesn't make any difference what happens to pistorius because nothing can bring back the woman he killed. greg palkot is live in south africa. you were in the courtroom today. how did he react? >> we were sitting about five feet away from oscar pistorius and we watched as he broke down several times during those proceedings, including the announcement of the granting of that bail. even as the family cheered. there are a lot of restrictions to it. he's got to give up his passports and firearms he's got left, alcohol. he's got to check in regularly. for the moment, at least, he is free. the cost of $113,000. friday night at his uncle's house with family member examines his trainer is even talking about getting the blade runner back on the track. >> shepard: where does the case go now, greg? >> you were right, a judge criticized both prosecution and defense, but critically, while he qualified it a bit, he stuck by that premeditated murder charge against poise storeious and that carries a life sentence. both sides jockey for legal position. it is hard to believe that this case already being dubbed the o. j. simpson trial of south africa, hasn't even really begun yet. >> shepard: greg palkot live, early saturday morning. the disgraced cyclist, lance armstrong, is now in trouble with the feds. the justice department announced today that it has joined a civil suit that accuses armstrong of defrauding his long-time sponsor, the u.s. postal service. as you'll recall, he last month admitted that he did indeed use performance enhancing drugs to win all seven of his tour defrance titles. the u.s. anti-doping agency accused him of running, quote, the most sophisticated professionalized and successful doping program that sports has ever seen. but this week lance armstrong's attorney said he will not be testifying under oath about what he did. the lawsuit alleges armstrong and his fellow riders knowingly violated their contract with the postal service by using druses. he claims they tarnished the postal service's reputation and it claims they pocketed $30 million in the process. of course, lance armstrong's attorneys dispute the allegations and in a statement today said, the postal service's own studies show that the service benefited tremendously from its sponsorship, benefits totaling $100 million. rich edison from the "fox business" network live from d.c how much could this cost lance armstrong? >> he and his cycling team's management, potentially morn $90 million. the government is suing armstrong under the false claims act. that means the justice department can ask for triple the 30 million it's claim not guilty damages. the government joins the suit already filed by his former teammate. he was stripped of the 2006 tour defrance title for doping and is one of the earliest to accuse armstrong of using performance enhancing drugs. if he and the government win their case against armstrong, landis could make millions. as a federal whistle blower, he could reportedly be entitled up to a quarter of the penalty. >> shepard: rich, didn't lance armstrong try to settle this out of court? >> yes. in a statement his attorney writes, lance and his representatives were constructively over these last weeks with federal lawyers to resolve this case fairly. but those talks failed because we disagree about whether the postal service was damaged. the u.s. postal service says its brand is now associated with the most sophisticated doping program cycling has ever seen and in today's economic climate, the u.s. postal service is simply not in a position to allow lance armstrong or any of the other defendants to walk away with the tens of millions of dollars they illegitimately procured. usps is in financial trouble. >> shepard: rich edison live in dc. fox extreme weather alert now. that monster snow storm buried parts of new england. the third major one in just the last three weeks. every weekend they get it. the storm has already swept across just about the entire country. yesterday the central plains got blasted. the storm already killed at least four people, canceled hundreds of flights, closed roads and highways all over the place. there was even some rare snow storm lightning. you don't see that every day. now the northeast is back in the cross hairs, from northern connecticut to maine. with us now, nick gregory. how are we looking? >> hey, on target, that storm is headed into the northeast. the initial part of that storm is heading up toward why lakes area. but another version of that will get going and slide to the southeast of new york city and eventual towards southeastern sections of new england and intensify as it goes by. good news, new indications are it will be a little weaker than we were thinking and also a little further south and east. as you look at the forecast into tomorrow, it's just rain for the big city, philly, new york, mix of rain and snow in providence and hartford. into boston. and then it continues o advance with heavier snow to fall in central ex ises of new england and then that storm moves along and pulls out of the way early next week. it will still leave a sizable amount of about three or six inches to boston. two or three in hartford. the old storm is still causing snow across the northern plains states. a swath from the u.p. of michigan into wisconsin. just when that was out, look what's diving into the pacific northwest. another storm that will dive across the rockies and produce snow from there on into the plains states into early next week. >> shepard: nick gregory from wnyw. thank you. passengers on a flight that landed in cleveland got a scare when the plane skidded off an icy runway. these are pictures from some of the passengers. they had been in fort lauderdale. a spokesman tells us the entire united jet ended up in the snowy grass. nobody reported any injuries and buses got all the passengers to the terminal and yes, they would rather be in fort lauderdale. breaking news out of washington state. a half dozen tanks of nuclear waste have reportedly started leaking. this is breaking now. we'll explain the situation as we know it and check on the potential danger coming up. plus vegas casinos making moves to let you legally gamble from your living room. no matter where you live. how that works and what has to happen before you can start buying chips from the journalist of fox news on this friday fox report it's a phoenix with 4 wheels. it's a hawk with night vision goggles. it's marching to the beat of a different drum. and where beauty meets brains. it's big ideas with smaller footprints. and knowing there's always more in the world to see. it's the all-new lincoln mkz. woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. >> shepard: there is breaking news now on fox news channel and the governor of the state of washington now says a half dozen radioactive waste tanks are leaking. those tanks all at the houstonford nuclear reservation in south central washington. that site has more than 170 tanks, all apparently past their 20-year life span. jonathan hunt monitoring developments on this from our news room. with knew that site had some problems, right? >> exactly one week ago, shep, washington state governor told us that he had been told by energy secretary steven chiou that one tank was leaking. he said at the time he was alarmed and deeply concerned. one assumes that alarm and concern is way deeper tonight because we now know that six of those tanks are leaking. the governor released a statement and i'm going to read it to you as we have it. i met with secretary chiou in washington, d.c. this afternoon and he told me that the department of energy has now confirmed there are six tanks leaking radioactive waste at hanford. there is no immediate or near term health risk associated with these leaks which are more than ten miles from the columbia river. but none the less, this is disturbing news for all washingtonians. one week ago secretary chiou said there was one tank leaking, but he told me today his department did not properly analyze data that he had that would have shown the other tanks that are leak. hanford is the most contaminated nuclear waste site in the entire country. plutonium for some 60,000 weapons was made there, including for the first atomic bomb and the one that was detonated over nagasaki, japan. in all, there are 177 tanks of this radioactive toxic sludge, 149 of those are just single shell tanks and it's the single shell tanks that are leaking now. six of them right now. but clearly, there is great concern that there could be more despite the fact that the governor is saying no immediate or near term health risk to the local population. shep. >> shepard: very good. thanks. police in four states are now searching for the suspects in that crazy car to car shooting in the heart of the las vegas strip yesterday. so far all the investigators have to say that is that they're going on a rough description. dark tinted windows, black suv and a dealer advertisement inside a license plate. anyway, three people died in this. six others wounded when a gunman in the suv opened fire on a high end sports car that. resulted in a multi car crash and an explosion on one of sin city's busiest streets. right in front of the caesar's palace. police say they have no idea who pulled the trigger or triggers, but now we're learning more about the victims. >> our lives will be forever changed by this tragedy. it will be forever changed by the violence that these men created on that street. >> witnesses say that violence included bullets flying down the vegas strip in a car chase that ended with a fire ball. >> actually pretty surreal. you don't expect to see anything like that in the middle of las vegas boulevard. >> shepard: investigators say it started in the valet in the air i can't casino and escalated into a shoot out on las vegas boulevard. a black range rover fired shots at a gray maserati, while speeding past founts. it came to a sudden end when the maserati ran a red light and crashed into a taxi. the range rover drove away. cell phone video captured the flames after the crash. cops say the maserati's driver died and that a passenger survived with gunshot wounds. family members identified the driver as a 27-year-old aspiring rapper. >> for the record, my son did not have a gun. my son was ambushed. that's what happened. >> shepard: the crash killed the taxi driver, along with one of his passengers. and tonight the taxi driver's brother says he has a new life mission, make sure the people responsible for this are brought to justice. >> i don't know what their affiliation is, if it's gang. but they're since and stupid men and they must pay. >> shepard: to attend, police have spoken to numerous witnesses and that they're following up on what they call a mountain of leads. perhaps most important of all, they say the wounded passenger from the maserati, the one who survived, is now cooperating with the police. the shooting scene is also near the location of one of the most high profile, unsolved murders in recent memory. the driver by shooting of west coast rapper, tupac shakur. in 1996, gunmen opened fire on him while he was ride not guilty a car just down the road from where yesterday's shooting took place. the rapper died of his wounds a few days later. and to this day, prosecutors have never charged a single person in that crime. the governor has just signed a bill that could bring in a slew of gambling dollars to nevada. this bill legalizes on-line poker across the state of nevada. but other states will need to set up their own agreements with nevada before the games can start. this marks a big victory for vegas over rivals in new jersey who were working on new gambling laws of their only keep in mind, 15 million play on-line gambling. they say gaming brought in $5 billion in revenue world wide. most of it going to companies outside the united states. they're bus tours of new york city, hollywood, san francisco, gracend -- graceland. and now one of the u.s.-mexico borrowed. that's next. plus, nearly three years after the oil spill that devastated the gulf coast, the civil trial is finally about to go to court with billions of dollars on the line and lots of everyday folks who are in need. the oil company bp is digging in for a fight and we have a trial preview just head [ male announcer ] at his current pace, bob will retire when he's 153, which would be fine if bob were a vampire. but he's not. ♪ he's an architect with two kids and a mortgage. luckily, he found someone who gave him a fresh perspective on his portfolio. and with some planning and effort, hopefully bob can retire at a more appropriate age. it's not rocket science. it's just common sense. from td ameritrade. >> shepard: a closer look at an area many of us might want to avoid. the arizona based business is now offering a tours to the united states-mexico border. it's advertising them as educational trips to the hotbed of illegal immigration. tourists get a chance to speak with a real federal official, plus ranchers and other folks who live and work in the area. while the trip doesn't cross the border into mexico, the company advises those who are not american citizens should bring proper documents for when the tour stops at u.s. checkpoints. adam housley within along for a ride. how was the tour? >> well, it was quite a tour. we've been on a lot of these areas ourselves. but to actually see how people see it for the first time was quite interesting. we have a map, we can give you how our route went. we started in tucson, headed a south or so, stopped at one of those water stations along the way. met with some of the people along the borrowedder and when you talk to the man who started this thing, who is also the tour guide, he'll tell you it's not only educational, but makes people quite happy to see what's going on down here. bob actually helped start this a couple years ago with the help of gray line tours. this isn't just a tourist experience, it's really an educational experience, right? >> it's like peeling an onion. the border has many different layers. you only get to see the top few, when you see the news or read the paper. this is meant to show you as many layers in a day and give you a well-rounded view of what goes on there. >> many different layers, it goes on for seven hours. people came from minnesota and it costs less than 100 bucks. >> shepard: seven hours? what do border agents think about that? >> yeah. you know, we were curious 'cause they're kind of on display in some respects. but when you have a chance to talk with them off the camera, because they can't officially comment on camera because of private industry, they'll tell you they like it 'cause people are learning about what they do and seeing it firsthand. the border agent union did talk on camera and agreed with that. take a listen. >> it's good to learn and see what's really going on. i think the people that come and they see stuff like that, they get a view of an unfiltered view and i think that's what's important. >> one unfiltered view we saw was a guy who jumped the fence, sliding down the pole and got arrested while we were walking loan the fence line. >> shepard: good grief. adam housley, thanks. a medical helicopter crashed next to a nursing home. two people are dead a third critical. oklahoma city, fire chief says the pilot and another person died. employees from the nursing home pulled the other crew member from the wreckage. residents say they heard a loud boom and immediately called 911. no word what caused it. the oil giant b.p. is getting ready to fight the united states government, fight it over focus penalties for the oil spill that contaminated the gulf's south. 11 men died when the deep water horizon oil rig exploded and sank nearly three years ago. the catastrophe also triggered an enormous environmental disaster. the millions of barrels of oil that spewed from the well devastated the gulf's tourism and fishing industries. other people lost their livelihoods. this monday, bp and government lawyers are scheduled to go to court in new orleans to fight over how much money bp should pay. bp's already agreed to pay more than $4 billion to settle criminal charges related to the spill. but monday is a civil case. b.p.'s lawyers have not settled. they say that the government demands are excessive. that claims the company was grossly negligent are just not true and that this was tragic accident. except that they pleaded guilty. by accident, that's up to the court. fox news will thereby for the trial starting monday. the olympic track star oscar pistorius is free to go for now, but with a full murder trial looming. both sides are painting different pictures. ahead you'll hear are from a reporter who went with the sprinter to a gun range. plus, a businessman says he's working to free the doctor who helped the united states government track down osama bin laden. his campaign could take center stage on oscar night. that's coming up as we approach the bottom of the hour and the top of the news as fox reports live tonight a groundbreaking car. good. then invent an entirely new way to buy one. no. no. no. yes! a website that works like a wedding registry. but for a car. first, you customize it. then let people sponsor the car's parts as gifts. dad sponsors the engine for your birthday. 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[ male announcer ] while some companies are new to home security, a has been helping to save lives for over 135 years. we have more monitoring centers, more of tomorrow's technology right here today, and more value. 24/7 monitoring against burglary, fire, and high levels of carbon monoxide starting at just over $1 a day. and now get adt installed for just $99. isn't your family worth america's number-one security company, adt? our girls got us thinki, but the break-in got us calling. and after buying two of everything, [ male announcer ] get adt installed for just $99. and ask about adt pulse, advanced home management here today. adt. always there. >> shepard: rescuers rushing people. our top stories we go around the world in 80 seconds. greece. torrential downpours hammered athens with more than two inches of rain in just a few hours. that's more than the city usually gets in a month. photos capture the moment locals pulled a woman to safety as raging water lashed her vehicle. officials say at least one person died of a possible heart attack just after a similar rescue. peru. police in the capital city of lima say they busted a gang of robbers who hit cars stuck in traffic. the crook ripped off passengers and drivers unable to get away in congested streets. cops made cervelas and seized a home made hand gun: china. two earthquakes hours apart rocked two provinces in the south. the 4.8 and 4.2 quakes reportedly damaged or destroyed several homes. local officials have sent workers to survey the aftermath. kosovo. terra-cotta figurines date to go 4,000 bc back on display. officials say they believe somebody stole the artifacts. police in germany found them several years ago in a gym bag at a restaurant. no word on any arrests and that's a wrap on this fox report around the world in 80 seconds. i'm shepard smith. this is the fox report. it's the bottom of the hour, time for the top of the news. the blade runner oscar pistorius out from behind bars for the first time in more than a week. a judge in south africa set him free on $113,000 bail today. the blade runner accused of murdering his magazine model girlfriend reeva steenkamp. he says it was all an accident. earlier today i spoke with a journalist who interviewed pistorius. he says he often had trouble sleeping, so what did he do? he went to a gun range to relax when he couldn't sleep. the journalist says pistorius showed him how to shoot, but was never weird about it. he also mentioned pistorius has a bit of a wild side. >> he had a risk taking streak. oscar drives his car, which is a race car, it's not something you can even get at a normal dealership. literally 150 miles an hour. he crashed his speedboat. he race dirt bikes. i mean, this is a guy with a lot of physical daring. soy worried about him hurting himself. i didn't see him hurting someone else. >> shepard: certainly didn't see him killing someone either. but that's exactly what the blade runner admits he did. the story he's telling now about his girlfriend's death on valentine's day is completely different from what prosecutors are presenting. jonathan hunt in our news room in new york. >> there is no argument here on the facts that oscar pistorius shot and killed his girlfriend, but there are two very different pictures of how and why it happened. first of all, the run up to the shooting at his home in a gated community. pistorius says he and steenkamp were asleep. the prosecution says not so and claims that neighbors several hundred feet away heard them arguing for perhaps as much as two hours prior to the shooting. as for the shooting itself, take a look at this mockup. pistorius claim he woke up, thought there was an intruder in the bathroom, so without attaching his prosthetic legs, got his gun, hauled himself to that bathroom and fired the fatal shots. prosecutors said he knew full well it was steenkamp in the bathroom, took the time to attach those legs, walked to the bathroom and fired, intending to kill her. they also said pistorius' gun was under steenkamp's side of the bed, so when he reached for it, he must have seen she was not in that bed. pistorius simply says it was dark in the bedroom. he assumed she was there asleep. then there is the aftermath. the prosecution says there were no calls for help to the police or ambulance service on any of the four cell phones they found in the bathroom and bedroom. pistorius says he called the manager of the housing complex and asked him to call for an ambulance. he have also called a private paramedic service he says he made those calls on a fifth phone that the cops didn't find. all of this will eventually be heard not bay jury, as there are none in south africa trials, but bay single judge who will decide whether it was as pistorius claims a tragic accident or as the prosecution says, murder in cold blood. shep. >> shepard: jonathan hunt in new york. thanks. we are at a potential tipping point in the civil war in syria. rebel fighters advancing toward central damascus. activists say syrian war planes today attacked their own citizens, attacked the rebel targets near the damascus airport. cross fire in the capitol this week killed dozens of civilians in a city that's avoided much of the violence over the past two years, but no more. analysts say recent attacks in damascus mark the biggest challenge for president assad yet. the united states estimates that civil war led to at least 70,000 deaths. in egypt, an opposition group reports it has a way to deal with president mohammed morsi. send him to space. the group reports it has submitted the islamist leader's name in an on-line contest run by axe body spray to win a free trip to space. they report they did it because no one in the universe can put up with blatant lies except for the people of the moon. the opposition accuses president morsi of monopolizing power, silencing moderate and liberal voice. a push to free the man who helped the united states track down osama bin laden now. and to get hollywood to take a stand at its biggest night. this is the man in question. the pakinstani doctor who ran a fake vaccination program for the c.i.a. to collect dna at the terrorist's compound. he's serving 33 years in the pakinstani prison for conspiracy against the state. back in september, he told fox news that pakistan's intelligence agency tortured him, blindfolding him for eight months and handcuffing his hands behind his back for a year. now a california businessman said he's horrified the doctor is still in a prison and with the movie "zero dark thirty" up for oscars, he's asking the cast and crew of all the best picture nominees to draw attention to that doctor's situation. dominic is live in our west coast news hub this afternoon. >> that philanthropist is rosh hashanah. he says the doctor is america's abandoned hero and hoping hollywood radio weather use that to shed light on his torment. he place add full page ad in the hollywood reporter calling on the makers and the stars of "zero dark thirty," along with other oscar nominees to bring his plight to the world's attention. fox news was the first to interview him from his prison cell where he told us he was being tortured by the pakinstani authority. he's making a desperate plea for help this very week as well. losh and his wife say with a billion people around the world watching the academy awards, those who told that story behind the bin laden mission have a responsibility to get the message out there. >> this is how we treat our friends, who is going to help america next time? we need to stand up for the doctor and stand up for everyone who is an ally to america. >> well, so far the makers of "zero dark thirty" haven't given us any response to the ad, maybe because they received a roasting from washington over how the movie depicted the c.i.a. waterboarding suspects. but the couple says this is a chance for the producers to put a positive spin on it and possibly help secure the release of the doctor. shep. >> shepard: dominic live in los angeles. speaking of "zero dark thirty," it will have some competition on sunday night. the best picture nominee also includes historical blockbusters "argo" and "lincoln." another big draw is this year's host. the academy chose seth macfarlane, the guy behind the show "family guy" over on big fox. he's known for pushing humor, well, to the limit. during the nomination ceremony last month, he cracked a joke about hitler. the show also taken aim at celebrities, many of them sure to be in the audience on sunday night. even if seth macfarlane let's the stars off early, we can still expect to see plenty of tears. folks at the web site thank the academy studied hundreds of past acceptance speeches and according to the research, 21% of actors cry when they accept their awards. one out of five. compare that with just 3% of directors and the water works are apparently recent trend. with 71% of the tears falling since 1995. good work. the pentagon's most ex opinionsive weapons program, the most has hit a huge snag. tonight it's grounded an entire fleet of fighter jets and hundreds of billions of taxpayer dollars could be on the line. plus, the woman who admits she shot her ex-boyfriend, slit his throat and stabbed him 27 times. of course, she doesn't remember the stabbing part. today her attorneys made a last ditch effort to take the death penalty off the table. so how did that go? there is a ruling and it's coming up. >> shepard: more great news, we could flight delays lasting more than an hour. triggering ripple effects because of this fake thing that's going on in washington. and it is. the transportation secretary ray lahood warns today that could be the new normal unless the president and lawmakers reach a deal to avoid those harsh spending cuts set to take effect one week. secretary lahood added the cuts could force nearly 100 traffic control towers to close entirely. that would likely happen in smaller airports, some of them in tourist friendly areas, like hilton head in south carolina and boca raton. jane certified it's up to the president to force democrats in congress to act. ed henry is live at the white house. i mean, looking for optimism, they could just say never mind, and this would go away. what's wrong with them? >> well, shep, what's interesting is you're right, that the president today was trying to say look, all the posturing has happened on both sides. let's finally come up with a deal. he said hope springs eternal when you ask about optimism. the president saying if republicans will meet him halfway on some tax revenues, raising taxes a little bit in terms of deductions and eliminating them and some special tax breaks, we would have a deal. take a listen. >> i've also been very clear that there is an alternative, which is for us to take a balanced approach that i presented where we have more strategic cuts on programs we don't need and we close some tax loopholes that are taking advantage of only by the wealthy and well off. >> as you mentioned, john boehner rejected all of that by saying the president got new tax revenue in that last crisis, the fiscal cliff at the end of last year, the beginning of this year. that's why the republicans are not giving an inch on taxes. they say the president is not serious about spending cuts, so here we are. same place we've been for weeks. >> shepard: and now some dispute, one side this says this is going to happen. another side says no it's not. what is that about? >> it's ray lahood laying out all these horrible things he says will affect the flying public. you've got the pentagon saying there will be furloughing people and also now pulled back on sending a ship to the persian gulf. republicans suggesting wait a second, that is gamesmanship here and posturing, so you've got ray lahood saying no, this will be real, and rand paul saying the president is exaggerating. >> the idea that we're just doing this to create some kind of a horrific scare tactic is nonsense. >> i would say balder dash. it's untrue, unfair, dishonest, disingenuous. the president is making stuff up. >> you can see how far apart they are and that's why there is many in washington who think we're likely to have the automatic cuts kick in on march 1 and if there is a big impact, all of a sudden both sides will finally come back to the table. >> shepard: balderdash even. give them balderdash. give all of them our best. thanks so much. the pentagon is grounded the entire fleet, all of its f-35 fighter jets. the single most expensive weapons program our military has. military officials say maintenance crews found a cracked engine blade on one jet. so they've grounded all of them as a precaution. the military has spent an estimated $400 billion on the f-35 program alone. officials say the planes will not fly unless and until they find out what caused that crack. arizona supreme court struck down a last ditch effort to take the death penalty off the table tore jody arias, the woman who says she killed her boyfriend in self-defense, stabbed him 27 and that's forgotten. her defense team asked them to throw out the death penalty as a possible punishment, argue a detective purged him -- purgered himself in testimony when he confused the order of the shooting and the stabbing. the court denied the motion hours after the defense filed it. so the death penalty still on the table and the trial set to resume on monday. a potential huge development in breast cancer treatment tonight. researchers say this is a first in that it avoids many of those unpleasant side effects. all the details next. plus, trade ago relationship for tuition. some college students using a dating web site to get money for class and books and other things. a dating web site to get cash? not quite that bad. where it's happening and why the web site's founder says no, it's not prostitution hi. hi. i'm here to pick up some cacti. it should be under stephens. the verizon share everything plan for small business. get a shareable pool of data... got enough joshua trees? ... on up to 25 devices. so you can spend less time... yea, the golden barrels... managing wireless costs and technology and more time driving your business potential. looks like we're going to need to order more agaves... ah! oh! ow! ... and more bandages. that's powerful. sharble data plus unlimited talk and text. droid razr maxx hd by motorola. througet a sealy queen set $500 on befor just $399.osturepedic. even get 3 years interest-free financing on tempur-pedic. but hurry, sleep train's presidents' day sale ends sunday. >> shepard: now the breakthrough that could help breast cancer patients live longer. the feds have just approved a new drug that researchers call a first of its kind. they say this drug targets tumors but doesn't hurt healthy cells. and delivers more medication while cutting down on the unpleasant side effects of chemotherapy. the government approved this for the more aggressive form of the disease, which affects 20% of breast cancer patients. researchers say the drug helped them live about 3 1/2 months longer than other chemo. controversy over the way some women are now paying for college. thousands of co-eds are signing up for dating web sites that matches them with rich older men. the so-called sugar daddies help foot the bills, while the women provide companionship. so ohm the on-line -- some of the men pony up thousands of dollars a months. one law maker says this amounts to prostitution. the web site's founder says, hang on now. phil keating should know. he's in our south florida news room. this seems to be especially popular among southern universities, philip. >> indeed. florida with four universities represented in seeking arrangement.com sugar lifestyle. georgia state, nyu, temple, arizona state, as well as georgia. plus more. the las vegas-based dating web site has a seen an explosion of young female college students matching up intentionally with rich older men their sugar daddies. it says, 80% of the time, the relationships do, in fact, involve sex. >> he spoils me a lot and i love it. [ laughter ] >> nina says clothing, books, a laptop, all supplied by her 62-year-old sponsor who is in it for six grand so far. she's a 20-year-old sophomore at florida international university and here is a typical date. >> he takes me to the movies and then after he puts me to the grill, and then after that he rents a hotel. so we stay there a couple of hours. he surprised me with flowers and candy and we kiss, cuddle. >> but at least one florida lawmakers calls this quid pro quo prostitution. he sent a letter to the state a.g. hoping to shut web site down, which the target calls an overreaction. >> just because the two are involved in a romantic relationship does not make the romantic relationship prostitution. >> none of the schools we contacted would comment to us on camera as none of them actually condone this sugar lifestyle. >> shepard: all right, phil. at least lawmakers got something important to deal with down there, phil. >> you got that right. >> shepard: yes, sir. have a good weekend. it's warm down there. all eyes on great american race and the first woman ever to win the top starting position for any nascar sprint cup. danica patrick is on the pole and the rest of the field set for the daytona 500 this sunday on the fox broadcast network. danica patrick's crew chief says she's chosen to start from the outside lane. he says it's working well for drivers this week. of course, danica patrick win, she makes big history. no woman has ever won a sprint cup race. lindsey vaughn says hershey getting better, but shouldn't have been racing when she hurt it in the first place. she spoke with reporters about her progress after undergoing knee surgery. that was after this season ending spill during a race in austria earlier this month. she says officials who delayed the race several times should have called it off because of dangerous fog and loose snow. she says that's 100% the reason she crashed. the race continued even after lindsey vonn's fall. only when it became too dark did officials call it off. 1 million-mile an hour winds. they're blowing from the sun, right into the earth's atmosphere and it all makes for quite a sight. coming up, a stunning look at the northern lights 'd i get thi. [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. ok. [ voice of dennis ] silence. are you in good hands? [ bop ] [ bop ] [ bop ] you can do that all you want, i don't like v8 juice. [ male announcer ] how about v8 v-fusion. a full serving of vegetables, a full serving of fruit. but what you taste is the fruit. so even you... could've had a v8. during the bass pro shops spring fishing classic save up to $100 more on a new reel when you trade one in. plus get a free gift card worth up to $1,000 with purchase of select new tracker and nitro boat packages. your adventure starts here. >> shepard: mighty fine video of a colorful light show in the night sky. northern lights over weeden. a photographer has been filming them all month. he says he saw shows like this every night for nearly two weeks. we've reported on how activity on the surface of the sun is reaching a peak, triggering solar flares and other phenomena. astronomers say we'll see the northern lights when solar particles hit the earth's upper atmosphere and they predict that these light shows will get even more intense later this year. cool critter time. it's a very tiny critter indeed. take a look at this rare baby night monkey. yes, night monkey. a worker at a wildlife center in colombia has taken the role of surrogate mother to this thing. she keeps the five inch long premate, 24 hours a day. mostly tucked in a wool how much inside her coatment. since it's too young to walk. before we go, our team's top five things of the

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Transcripts For FOXNEWSW Your World With Neil Cavuto 20150123

>> usually takes a terrorist attack town fold before we make changes and get our act together. i would take it's step further. i would revoke the citizenship of anyone who travels overseas to join isis. not only let them back in the united states but revoke their citizenship. these guys are so fan natal i doubt it whoa change them. >> we have this awkward visa waiver practice, and diane feinstein says it's the akill he's legal of america in the wake of the paris attacks. anyone can get through. >> very interesting that democrats are coming out against this. the state department program basically -- if you're from western europe, britain france germany, which are having problems right now with islamic terrorism and jihad you can still enter the u.s. without a visa and stay here for up to 90 days. >> how is that possible? explain how that works or how we allow that to happen? >> this has been going on for about 11 years, this visa waiver program, where the state department says look, the easier it is for folks to come into the united states without a visa, the more people will come they'll spend money, it's good for the economy. that is the thinking behind it. and, look, if we get rid of the program it will cause maybe some diplomatic hard feelings but the end of the day western europe now, as we saw in paris is at the forefront of this global jihad and these radical islamists who want to kill us and thousands of europeans have again to meddle east to join isis, and if they come back to britain, france germany, all bets are off. major if the terrorists in france two weeks ago -- they trained in yemen by the way. imagine if they just bypass france and tried to come here to the united states? now, they were on a terror watch list, which is great, but our systems is not full proof. now that europe is a major front in the global jihad we need to review this visa waiver program and fast. >> what about just the no-fly list. some success with that here. at least the bad guys can't get in here once they're on the list. they free in other countries who we don't share information to the degree we should, to do god knows what. it's tough if you're on that list to get here. >> it is. that's the great thing. our no-fly list is solid. it's not perfect. nothing is perfect. one problem with the series a waiver program is we're relying on foreign governments to vet these guys before they leave. maybe britain, france germany they're great in many ways their security services and their airline security, but look, i believe we're the best. in many ways. i like to -- when it comes to american security i like to be the final say on that rather than kind of rely on europe, perhaps these guys slip through and come here to the u.s. so, at the end of the day i think we need to be the final say in our security. >> we got stop dilly dallying to your point. thank you very much, my friend. >> thank you. >> a colorado woman who tried to sign up with isis is about to hear her sentence in any moment. we're in denver with the latest on that. >> reporter: that hearing is still underway. shannon conly is facing up to five years in prison and up to $250,000 fine. security is very tight at the federal courthouse right now in denver. 19-year-old connellly entered a play of guilty to one count of conspiracy to provide material support to a designated foreign terrorist organization. this allowed her to avoid other charges. fbi agents arrested connelly in april at denver international airport as she was getting ready to board a plane to meet her fiancee, an islamic state fighter in syrian she converted to muslim while living with her parents. connelly has agreed to cooperate and deprevious completely and truthfully with the fbi and law enforcement her knowledge of other individuals involved in providing or attempting material support of terrorists. and she agreed to testify truthfully in this case and any future prosecutions that come from her cooperation. now, when the judge accepted her plea he ordered a psych analysis. self of the documents filed by the yates department and conly's attorney are respected meaning we -- restrict meaning we don't know what it is in i. >> she ills 19. maximum five years in prison, out at 24. still a very young woman. i mean what do they do after that? how too they keep tabs on her do they? >> it's hard to say. however, there were tabs being kept on her by the fbi, which tried to warn her up to five or six times that what she was doing and was planning was wrong. they were aware of her because they were warned by her church pastor, who had seen some odd behavior with her. whether or not they're going to have to track her, you hope. so and there are so many young people trying to help the fighters of isis. >> thank you very much. we should be hearing that sentencing any minute now. so boston herald column just on if that is enough. she is a young woman. i was surprised to read there are many other young women and men who might be in a similar position here where they're trying to be recruited by isis or join isis of their own accord. so even if we smack them down under the worst penalties they'd be out in a matter of a few years. right? >> right. that it is totally unacceptable. we need to get much, much tougher on our sentencing. this woman conly, she'll be out by 24 years old and could easily rejoin jihad at that point. so we need to lock people up like this for a very long time to protect the american people. i mean, we know that we're at a war with rad a cal islamist terrorists it's spreading all over the world and we have sleeper cells in the ute. we can't take this risk and put our people in jeopardy. >> she got authorities' attention dish think they arrested her in a jetway at denver international airport. she was in route to marry a suspected isis militant. but there was a long track record on social media sites of her making some pretty explosive statements. on one she said that the jihad must be waged to protect the muslim nation. others have said, young people as well similar things. where do authorities draw the line between explosive language like that and committing to join a group like isis al qaeda, what have you? >> i agree. on one hand we have free speech but crimes against the united states and planning and plotting and -- with the enemy to inflict terror upon our people, whether it's here or abroad is a very serious crime and so our intelligence officials need to track these people and need to haul them in and -- >> where do we draw the line? i'm sorry i wasn't more specific. she apparently pled guilty last year to conspiracy to provide material support to a designatet group, in this case isis. that's what we got her on. she agreed plead guilty to that. if someone is just making crazy rants on the internet, outlandish statements, authorities really can't do anything about that. right? >> well, you know what i think it's dangerous to ignore it. what if they act out on these acts of terror -- >> i aglee with -- agree with you. >> in an age of terror we're at the -- one of the worst national security crises since 9/11. we know that isis is spreading, boca haram just slaughteredded 2,000 people. it's a serious problem and we can't ignore it. nsa and intelligence officials need to track their moms -- their movements carefully and whoever is in their web. who they're communicating with. >> young people, young women strike me as odd the with a that they're treated by some of these groups. what is the draw? >> i know. it's so disturbing because as you know neil, women are treated horrific include under sharia law. they're killed, they suffer so much horrors under sharia law, and if these women especially in the united states or european women who are being radicalized. >> showing european women -- but they're all drawn, and i'm wondering why would these people be drawn to a religion to a cause, that all but condemns them to a life of slavery? >> maybe they just don't understand. maybe they're just being brain washed. what they think is some good aspect of this religion or cult or terror organization. they don't understand the realities, how women have to live in burqas, they suffer genital mutilations denied an education, right freedom of speech, due process all rights that american women enjoy freely, and i think a lot of these young women are lost. it's the type of people -- >> oops. apologize for that. that happens now and then. anyway, she raises a good point. how this happens and why it keeps happening. better pay attention because the enemy could be within our midst and they're being groomed and brainwashed here. not over there. here. the president says more police training needs to stop racial bias. to the sheriff who says, that kind of talk has go to stop. if you're running a business legalzoom has your back. over the last 10 years we've helped over one million business owners get started. visit us today for legal help 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ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work overwhelming majority of police officers are doing a really tough job and doing it well and professionally. what we also know is that there's still biases in our society, that in split second situations where people have to make quick decisions that studies have shown african-american males are seen as more threatening. a lot of the way to solve this is to improve training so people can be aware of their biases ahead of time. >> all right. just as things are calming down the milwaukee county sheriff david clark says the president would talk like that keeps stirring up the pot. you don't like that. what is he saying wrong you didn't like? >> well, the convoluted message. why can't he just stop when he says the overwhelming majority of law enforcement officers do a great job, period, the end. then he goes and makes the statement about police officers have problems or target people who don't look like them, and that's a myth. he said there are studies. there are no studies that suggest that. this is not a training issue. we don't train law enforcement officers to racially profile. we don't train law enforcement officers to target people. what we train officers to do is target behavior. are there biases in society? everybody has biases. i'm biased against criminals and criminal behavior. but that doesn't mean i'm going out every day on the street like law enforcement officers all across the country and engaging in this nefarious conduct to target black males just because they're black. he might believe that. but i don't. >> now, do you think he is trying to have it both ways though? i mean he is trying to say look, the problem exists, i don't think it's thecase with most policemen but if that doesn't solve it for anyone you're finding both groups in that sense. >> sure. he is trying to split the baby here, and he shouldn't be taking any side. these are local issues and should just stick with that. those two things are mutually exclusive. if a law enforcement officer is racist and extremely biased don't care how good they are they don't belong in the profession. he can't have it both ways and he is trying recover from his initial statements where he didn't give law enforcement officers any credit at all and that's why i said i just wish he would stop himself when he says -- extols the virtue of law enforcement officers so we can get beyond this. >> the justice department is not likely to file any civil rights case against darren wilson. so, i'm wondering whether the original zeal on his part to say that locals screwed up whether it's the local grand jury screwed up that at least now they have been exonerated. >> without a doubt. i don't care how you look at this. the affects are the fact for everybody, the facts are the same as the grand jury in ferguson as the justice and department and the fbi who came in early to start their investigation. i don't care how you slice this situation, that happened between mike brown and officer darren wilson very unfortunate incident but the facts are that officer wilson justifiably and reasonably defended his life when he came under attack from mike brown, and the grand jury did get it right. the fact that the justice department stepped in, that's part of the process. i respect that. i'm glad they made quick work of this. officer wilson has -- >> why do you think they did that sheriff? i know they're working -- justice is blind, we're tooled. but a great push by the attorney general, the president himself to re-examine this so presumely justice did. or did they just not want to stir up a hornet's nest? >> to a piece. that's why eric holder made the statements he did when he went to ferguson. he answered the term racial profiling help said we're going to end racial profiling once and for all in this country when it had nothing to do with the situation at all. it's cruel when you do that to people. you set people up with a false sense that the federal government was going to do the right thing and make this thing right when the facts were that officer wilson acted reasonably justifiably, under the rule of law. when you use the rule of law standard you can come to no other conclusion than what the figureson grand jury did and what the justice department is about to recommend to the attorney general, and i hope he makes quick work of this signing off. let's get this chapter behind us and move forward. >> sheriff, while i have you here, we're hearing that michael brown's parents are considering a separate suit against darren wilson. your thoughts? >> that's part of the process. there's civic task can be taken. i believe in the process. just prevailed in this situation. okay? with the exoneration of officer wilson. due process is playing itself out. that is another avenue for the brown family, and they should be able to pursue it. but at some point the president of the united states and attorney general eric holder should bow out of this, not have anything else to say about it, and let ferguson, missouri, and the rest of the it's move on. -- the rest of the united states move on. >> sheriff, whether people agee or disagree i know where you're coming from, you always answer questions and it befuddles me because i don't know where to go. >> the only way i know how. >> i appreciate it. >> you're welcome. >> thank you. the northeast is bracing for what could be the biggest snow of the season. we're on it, all over it. and forget snow. is tom brady shoveling something else? with nearly 7 million investors oh hey, neill, how are you? you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. and we do. it's how edward jones makes sense of investing. hours away from what could be the biggest snowstorm of the season for a big chunk of the country to wnyw's nick gregory on how bad this might get. >> nice to see you. it's a big deal because we haven't head many of these so everybody is getting hyped up and it is the northeast that's going to get it. as it slides to the south and east. the issue is there's a lack of real cold air so the storm has to generate the cold air itself. which it will but moving at a fast pace. nonetheless we'll still talk about snow for the cities for philadelphia and new york to boston particularly the harder hit areas will be as you move towards the everyone sections of new england. there will be mixing of sleet and rain in the new york city area and long the coast. i have -- since i did my little spot with shep in the last hour i've upped the totals a little bit. three to six inches inland from new york city. the focus of the heaviest precipitation is right there are boston, you're going to get the higher numbers six to nine inches, ten inches. and the heavy snow is going on in eastern maine. notice the sharp cutoff to the west. snow into washington, dc to make some travel woes for them. looks like boston will the bull's i've with the nor easter and strong winds to last through tomorrow. >> we love you to death build did you have to come here with this kind of news? >> well, it's what i do for a living. >> i know, it's how you roll. thank you very much. nick gregory. now, from taxing conditions to taxing contributions. the white house is now looking to tax those popular 529 college savings plans. republic republic strategyis says this is an attack on the middle class. mark says it is not an attack on the middle class. why do you say it is not mark? >> i think it's worth exploring who is actually saving in these plans right now. the average person saving in 529 plan has 25 times the wealth of someone who is not saving in these plans. these aren't really your average working americans. they are people who are making hundreds of thousands if not more -- >> no, they're not. they're meddle class people who are forking it away and fining another way to get government grant or programs from uncle sam. >> i would say that -- again the gao study bore this out that the average saver in a 529 plan is not just middle class. it's the upper ten percent of income earners in america. >> god forbid. even if that were the case, which i wonder. it is the wound vehicle provided for a lot of middle class folkses who don't qualify for any relief any stipend, any sort of a chance at getting any help. this is a way and a means by which they can save for their kids' education. enough this is taken out. >> absolutely. first of all this is a broken promise by this president who said he would not tax people -- not increase taxes on people who make less than $250,000 a year. the numbers are such that you have around half of the people who save in these plans make under 150, and they haven't always. people work up -- think about that mom and dad who from the time their baby is born, they're planning and every month they put in $50. 75 tuesday, $100. so they do this, and they also maybe plan their families. i know people who talk about these plans when they're doing their own family planning. how many kids can we afford? we don't want to have anymore kids than we can afford to send to college. so they make big huge plans -- >> this is what happens. >> this is what happens. so these are not rich people. these are people who are average, middle class people -- >> well go back and forth who qualifies as rich. mark, my only having trouble with the video on your shot, so we're hearing you. no slight to you. the president himself and michelle obama, had -- back in 2008 set up their own 529 plans for their daughters and put aside $240,000. thanks to some of the tax benefits of this. now, now those investment profits under the president's plans would be taxed. and now it's not to say that that stops the plans but i stops the incentive to have the plan. to what end? >> i would argue again that there's still plenty of inventive to save for higher education, particularly in 529s. the president is proposing to abolish the plan or remove the tax-free growth. he says you can put up to $14,000 away in a 529 each year -- >> but starts taxing the profits off the plan which is a big incentive. >> a return to what we did in the 1990s. this is how we treated college savings. >> said that is the big problem with college costs. they have again up hugely since then 1990s and the one program -- not a great one. i'm not a huge fan of this but it's other-do a bone we throw the middle class. >> you're right, college costs have increased and community colleges in particular the tuition has increased three times -- >> so community college but don't then the middle class with kids for college now -- >> , what is going to happen. this what the president hays done in the state of the union speech. he was looking for some swag. some bobbles to hang on the tree, and didn't think about it. in the same breath he is saying i want free community college for everybody, he is telling other people who have saved, their entire lives done the average savings is $21,000 not a fortune like the obamas have. and they're saying you've might not be able to send your kid to a four--year state college or university, they may be in junior college-community college for a while. with the way with this other kid you're paying for who didn't save. that's what the approximate -- >> it's not a fait accompli yet. the president can propose congress can dispose. but it is the latest wrinkle in in the college savings battle. thank you very much. the u.s. says it is making gains against isis but did one country just change all of that? after this. se asked people a simple question: can you keep your lifestyle in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy 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by isis. catherine here ridge hat thiolasest use the intelligent community is rescrewing tweets that claims the japanese hostages were executed. the white house and state department offered broad support for tokyo this afternoon but no specifics. >> we have seen those reports. i believe you're referring to reports on twitter. we don't have any confirmation of those reports. >> the united states is fully supportive of japan in this matter. we stand in solidarity with japan and we're coordinating closely with them. >> if you look closely at the shadows behind the two hostages and executioner from the video with only sunlight they should be in the same direction. here, though it's hard to say, they converge, suggesting more than one light source with analysts thinking they may have in fact used a tv green screen to produce it. other analysts say sunlight would not cause unusual shadows on the hostages faces. the japanese prime minister was traveling in the middle east and told reporters in israel that rad cam islamic terrorism but my crushed but did not rule out negotiations for the hostages with isis. >> part of islamic state groups efforts to try to intimidate countries they think are not yet fully part of the coalition from joining in. this has been a gut-wrenching episode for the japanese government and the people of japan, and remains to be seen if it will be seen as effective. >> the $200 million ransom demand is no accident. japan recently pledged the same amount to support the antiisis campaign. a confirmation on the status of the hostages and whether they're dead will only come when there's a forensic review of an execution video and no video like that has been posted yet, neil. >> catherine, thank you very much. saudi arabia where thousands are more thanking the death of king abdullah today, and if retired lieutenant colonel tony schaeffer is right this is not good for america's terror fight. >> this complicates things a great deal at a very critical time. there is clearly going to be a change of power and the change of power will be critical to the perception of those tout get the saudis. the saudis have many enemies, two of which is al qaeda and the houthi tribe which dethroned the president in yemen just yesterday, who are backed by the iranians. so my concern is while the saudis are getting their act together re-establishing the hierarchy and solidifying the country's power, you have two groups who potentially, while they hate each other -- let me be clear al qaeda hate third iranians, the houthis, they're sunni and shia two opposites. they have been known to work together locally to go after a common enemy, the common enemy is saudi arabia and it may be an opportunity for them to do something. >> iran has never been the better of abdullah's quasi-deals that would allow and support the israelis to take out an irann nuclear plant. that has never sat well. i'm looking at how that is going. i'm looking at, as 0 yo you mentioned before, yemen, and the capture of the president and then release of the president, hardly a sign of stability. then looking at iran controlling the strait of hormuz and the persian gulf and this is a hornet's nest. >> that's why our allies, the saudis, for better or worse -- we have issues with them -- it's not opportunity -- they be perceived as weak. i'm not saying they're weak. i'm saying the enemies may perceive this as an opportunity. and if you look at the geopolitical map of the region the iranians now have potentially essentially been able to game great influence in five key nations, now to include yemen. let remember that the part of yemen, plus the sector where most of the oil in saudi arabia is mostly shia sect muslims which are not the ruling class of sunni of the royal family. this could be a powder keg that could only get worse and it going to be a very sensitive time for the white house to deal with is. >> do you think saudi arabia will have a tough time keep thing geneie in the bottle here? they have been able to give moderate muslims control but that is going to be much harder to do. the natives are getting restless, put down -- but that's much tougher now. >> they spent $160 million trying to lessen the chance for this and it's interesting, "the new york times" considers the king putting up a facebook page and giving women menial jobs is progress. they have a long way to go that said it's going to be hard thing fob them to keep the genie in the bottle. they held to the blogger on flogging because of this because of international pressure. the question now becomes can they sustain control on the population and maintain influence in the region. those things are tbds' something we should be turned about and we need to figure out what we need to do to make sure the region says the way we would like to see it. i don't think the white house has a plan to do that. >> tony shafer good seeing you again. mickey measles. did the push against vaccines make the mouse's house the unhappiest place on earth? hi, i'm jay farner, president of quicken loans. and we're here in detroit with our amazing team members. the best part about working with quicken loans is that you have a mortgage expert on the other line that's always gonna find out the best possible solution. we just don't treat you as a loan number. we wanna make sure that we help you out. we're people just like them. ya know, and we know that they have jobs, they have kids, they have soccer. their home is where their heart is. so we wanna make sure that we take care of them. call quicken loans today for a mortgage experience that's engineered to amaze! you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your firs test. test. test. test. money to replace your brand new car. don't those people know you're already shaken up? 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others have echoed this. you say it's not true. >> we have looked at this over and over again. studies have never sewn there is a link. what was happening is there's been a lingering fear which is resulting in what we're seeing with disneyland. >> let's say it's not all just people refusing to get vaccinations. just like leading to trends of common flu cases that are resistant to this. what is going on? people going if i give my kid a shot vaccinations, they're protected. >> we're lucky because the measles vaccination is one of the strongest in our arsenals. 99% of people who get it, it's effective. we're comparing this to a seasonal flu which is 23% efficacy but still something against a deadly virus. the virus gives people knew mope ya inflicts-blindness, brain saling and death. and before people were getting vaccinated we had 5 million cases a year. >> these other states, utah washington california oregon new mexico, that can't all be people refusing vaccinations. >> a large number of it is. what has happened in the west coast communities, about three percent, up to ten percent of communities are not getting vaccinated and that enough, if there's a random strain of measles, the odds it will find somebody who has not been immunized. >> a lot of states 14, that do not force you to immunize your kids. so if you're in arizona california, on and on, michigan, missouri, north dakota,et al, then what happens? you're vaccinating your kid but your neighbor isn't. >> the good news is they are required but there is a personal religious exemption. so we have to honor our -- >> but parents can claim that, many have -- >> that's not much of a check and balance for that. they just allow it to happen. >> how dangerous is that? >> that is very dangerous because you cannot get your first vaccination until 12 months. >> do we overvaccinate. >> i don't think so. vaccinations are great. the problem is they're a victim of their own success. we have eradicated diseases like polio, and measles until recently. we the harm. what happens is we do not vaccinate that until we see this again which we're seeing disneyland, we're sparking debate and sparking intelligent conversation. so heapfully people will look at the facts and the science and go out and discuss with their physicians about getting their children vaccinated. >> all right. doctor, thank you very minute. very calming. i appreciate that. in the meantime tom michael, the pope all in one segment. you're probably saying, there's no way. there's no way they can pull that off. think again. your daughter has a brilliant idea for her science project. and you could make it happen. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done. rd of the new dialing procedure for for the 415 and 628 area codes? no what is it? starting february 21, 2015 if you have a 415 or 628 number you'll need to dial... 1 plus the area code plus the phone number for all calls. okay, but what if i have a 415 number, and i'm calling a 415 number? you'll still need to dial... 1 plus the area code plus the phone number. so when in doubt, dial it out! i have a process i go through before every game where i go in and pick the balls i want to -- the footballs i want to use for the game. >> so the super debate ahead of the super bowl. pail trots quarterback tom brady. is he a cheat center time for gen hex. >> kristina, is he in trouble? is he giving you the straight skinny? >> well, it's up to the nfl to decide whether tom brady cheated. thought from watching the press conference, the comments that his footballs were perfect prior to the game when he touched them raises a lot of questions. >> cheater cheater cheater. the guy cheated and there's no way in hell that this guy does not know what was going on. >> we interrupt this to remind people that you're a baltimore ravens fan. >> no bitterness at all. >> i went to school in boston. i actually have a strong like school in boston. i have a strong like for boston sports. in the press conference he said i pick up the balls that i like. the balls that i like have a 12.5 psi which is the measurement that they use to determine the size of the ball. if he can pick up a ball and say that is 12.5 then he should have been able to tell that ball out on the field. >> he knows his stuff. >> he is so full of it. i think it is brady. this guy has played football his life. he knows the smallest niche -- >> you can tell the difference? >> absolutely. no doubt about it. to say that he didn't know it is a complete lie. the best part is bill belichick is throwing his golden pony boy underneath the bus. this is the perfect script ever. >> i think it is a big deal because the fans are so passionate. football fans and fans of the opposing teams are so passionate. they are not going to let this go going into the super bowl deflate gate. >> i'm telling you the pr its can play with bowling balls. >> that's what people say. >> it's the fact that you cheated. something should have happened. for the nfl for them not to talk to tom brady. >> what is the advantage of a soft football? >> the impact is softer on the hands of the wide receiver. >> would the other side need the same thing? >> they should but they are not cheaters. the colts play with their own balls and patriots play with their own balls. some are perfect and some are uneven. >> hi, mom. >> good job. this could be another record weekend for "american sniper" at the box office. and now michael moore says he was never talking about the film when he called snipers cowards tweeting i never tweeted one word about america's sniper chris kyle. i said my uncle was killed by a sniper in world war ii. only cowards would do that to him and others. >> it insulted the military and you had such a big response to this from the public, from celebrities and members of the military. you had people who because the movie broke box office records a lot of people are ready to talk about it. while people are used to michael moore sharing his very specific point of view they weren't going to just let this go. >> oliver stone told him to shutup. he didn't really. >> michael moore is irrelevant desperate for attention challenged man. >> i feel for him. >> do you think that it's odd that these guys who bashed in hollywood it got six academy award nominations? >> and that's -- >> that doesn't speak for hollywood. >> rolling stones said it is too dumb to criticize it. "rolling stone" is like it is a waste of your time. it is this attitude. >> it was on hollywood, they are hardly like -- >> i don't understand why it is cowardly and the interview is patriotic. >> you have to love it because the controversy -- >> it is so random and odd that he would tweet it out and say it had nothing to do with the movie. >> what did you think about the seth rogen thing? >> he back tracked when he was making that comparison and started to argue well i was say tg kind of reminded me of. >> and yet something like this -- >> they got to get off their high horse. just because you have buzz behind you. >> i don't think they expected back lash. >> he is like i was just trying to say my uncle was killed by a sniper by the other side. >> he has spoken. he wants us to put the iphones down and start talking to each other more. he has further said that men should listen more to women. what do you think? >> all i know is in regards to using my ipad if you are telling me that it is more beneficial to talk to guns than to read "wall street journal" on my ipad you have lost your mind. >> what is that about? come on now. that is a sin. >> telling men talk to women. >> listen. >> i totally want to talk to more women and listen to them. new year's resolution new girlfriend, great. >> people say this all the time that we are all caught up in texting and typing and not talking and people start to forget that face-to-face interaction. you don't get a phone call. >> saying it shouldn't be focused on breeding like rabbits. >> i like this pope. he is a cool hip pope. >> i thought you were going to say i like breeding like rabbits. [ laughter ] >> it does make you think. he is trying to get you thinking wait a minute. >> he is pointing out an interesting paradox that technology and social media in many ways connects us and brings us closer and other ways it drives us apart and isolates us. >> you are exactly right. he is saying talk more listen more. >> the more men and women talk the higher the divorce rate will go up. i have been married to my wife now 11 years this october. >> you were married to her for 11 years. >> there comes a time where looking at your phone is okay. >> let's agree this pope is better than the last pope who still lives in the vatican for some reason with the other guy. we should talk to women more. >> love this. 's w king for new york state. already 55 companies are investing over $98 million dollars and creating over 2100 jobs. from long island to all across upstate new york, more businesses are coming to new york. they are paying no property taxes no corporate taxes no sales taxes. and with over 300 locations, and 3.7 million square feet available, there's a place that's right for your business. see if startup-ny can work for you. go to startup.ny.gov. @oyu0x?h@@8p brady tonight. hello i'm kimberly guilfoyle along with greg gutfeld. this is "the five". ." is tom brady a cheater? >> i don't believe so. i feel like i have always played within the rules. i would never do anything to break the rules. >> deflate gate has forced a lot of parents to have difficult conversations with their kids over the past week. take a look at this picture the fox and friends host posted on instagram of her 5-year-old son isaiah watching one of his

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Transcripts For FOXNEWSW Shepard Smith Reporting 20150123

>> a twitter account linked to the islamity state that the group killed two japanese hostages. officials have not confirmed the fate of the hostages bums the deadline from isis for japan to pay a $200 million ransom came and went overnight and there's no indication from tokyo it hand over any cash. the last word from japanese officials was they had not been able to get in contact with the terrorists. today the same isis-linked account tweeted that the countdown has begun and included a clock counting down to zero and pictures of past prisoners isis decapitated. the white house says the united states is working with the japanese to find out what happened to the hostages. >> the united states strongly condemns isil's threat to murder japanese citizens. we call for the immediate release of these civilians and all other hostages they may be holding. the united states is fully supportive of japan in this matter and stand in extol derritt with japan and are coordinating closely with them. >> in japan's largest mosque prayers for the prisoners. one hostage's mother broke down in tears while speaking to reporters. she begged japan to step in and rescue her son and for the terrorists to save his life. right now we're waiting for a news conference from the pentagon press secretary, rear admiral john kirby. we'll let you know if he talk busy the islamic state in any way. let's beginning with catherine herridge who is live in washington. now there's word that isis may have faked the video of the japanese hostages. right? >> well, the japanese hostage video is drawing new scrutiny from anallies who believe it was altered and possibly filmed in a studio because there appear to be multiple lying source -- light sources. look at the shadows behind the hostages. with only sun lot they we about in the same direction but here it suggests american one light source, one analyst says the video is odd and clearly an evident to intimidate tokyo. >> whether or not the video is fully authentic and the shadows teen be off i can't tell you. at a minimum this is part of islamic state groups' efforts to try to intimidate countries they think are not yet fully part of the coalition from joining in wholeheartedly. >> to put it in context, isis has a major media production arm and control of a half dozen tv stations according to the state department, and this recent video from the british hostage john can'tley was clearly shot in a studio ask the movement of his eyes and the length of his lecture suggest that he read the script from a teleprompter. >> normally after the execute these innocents they come out with a new video. there's not one yet, right. >> reporter: that's right. confirmation from the u.s. intelligence community is always based on the forensic analysis of an execution video and none has yet been posted. though u.s. intelligence officials say isis really has a track record of following through on these threats and at this point there's no expectation that this time will be any different. the japanese prime minister has been traveling in the middle east and told reporters in israel that radical islamic terrorism must be crushed, but significantly he did not rule out negotiations with isis and this afternoon he state department didn't have much of an update. >> we have essence those reports, i believe you're referring to reports on twitter. we don't have any confirmation of those reports. i certainly refer you to the government of japan but i don't believe they have put anything out specifically. >> reporter: that's ransom demand of $200 million is significant because japan recently pledged the exact same amount, $200 million to support the antiisis campaign in iraq and syria. >> catherine herridge in washington. the united states will stop at nothing to take iraq's second largees city back from control of the islamic state record according to thereating of "the wall street journal." it reports u.s. and iraqi war planners have started prepping for an assault to reclaim mosul by the summer. the journal quotes the head of the military central command saying he has not decided whether to recommend american troops on the ground. but he says the u.s. will quote, do what it takes. with is now is former u.s. ambassador to iraq christopher hill. the author of "outpost life on the frontlines of american diplomacy." nice to see you. thank you. >> thank you. >> tropes -- troops on the ground. the president says no. >> i think clearly retaking mosul is a human objective for the iraqi government. it has to be done southeastern than later. the u.s. wants it done but planned well. so that as we retake it we don't want a situation where isis can retake it again. so i think general austin and others are looking very carefully what they planning is, and i'm sure once the operation is launched, it will be successful. and i think it will be a further example of isis being really on their heals in iraq. the issue of course, with isis is eventually what is going to happen in syria? where the doesn't seem to be any friendly force to work with. >> mr. ambassador, if the general recommends troops on the ground is that he right way to go? >> i would be very surprised if we see troops on the ground. i'd be surprised for a number of reasons. i don't think the american people want to see that but i'm not so sure the iraqi people want to see that. you can always get an iraqi to tell you they'd like to see u.s. troops, but i think the majority of iraqis would like to see any lands retaken by iraq being done by iraqis. don't think there's a lot of support for that idea. >> some sobering comments out of the united kingdom how long it may take to deal with isis. >> i think it is important to be sobering about it. certainly the issue of isis and syria is going to be a really long-term proposition in the absence of any long-term political solutions going forward. so i think it's important to be very cautious and to try to tamp down expectations. attachment, i think the iraqi government feels that they're seeing their oil revenues drop because of the drop in oil prices. i think they're very worried about their own situation and that's why we have seen prime minister complaining he has not seen enough assistance. so there are different audiences here and different politicians trying to speak the odd theins. >> mend the iraqi prime minister's complaints, he need more than just the air assaults and looking a gift horse in the mouth. it did not appear our state department and our secretary of defense were too pleased about this. >> no. i mean he has a tough job. he has come in after prime minister al-maliki, a lot of 0 cleanup work to do, a sunni community not so thrilled about him. so he has a very tough job ahead of him and i can see him sort of call for patience from the iraqis but at the same time call for more assistance from the coalition. but i think secretary of defense hagel kind of shot back at him and said, look we have put together a coalition of 60 nations. subtext being that the iraqis could never have put together that kind of coalition itch think it's important for everyone to maybe cut a body a little slack there but at the same time remain focused on the mission. >> he is speaking to multiple audiences. thank you ambassador hill. the pentagon briefing has begun. we're waiting to hear about the fate of the two japanese hostages. so far, we have not -- no word from the pentagon on that matter. the moment they begin speaking we'll take you there live. >> one of the attackers attackers who terror riced paris is now six fight under. city officials buried the man accused of gunning down a police wal-mart and killing four hostages also kosher such market. security forces killed him at the market. officials say a few family members showed up as workers burdeny the map in an unmarked grave in a cemetery south of paris. this already buried the brothers to killed 12 people. pumping the brakes on cuba. just when it seemed like things about were to start opening up and the cigars were going to start to flow, the first u.s. delegation to visit have vanna in the last decade says not so fast. what happened? plus, major developments right now in ukraine. the rebels report they have just launched a quote, multipronged offensive and you can forget about a cease fire. the fighting has begun. vladimir putin is in the middle of this, whether he wants to admit it or not. what next in ukraine. it's next your eyes really are unique. in fact, they depend on a unique set of nutrients. that's why there's ocuvite to help protect your eye health. as you age your eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite is a vitamin made just for your eyes from the eye care experts at bausch + lomb. ocuvite has a unique formula that's just not found in any leading multivitamin. your eyes are unique so help protect your eye health with ocuvite. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance. >> the russian backed rebels in the east of ukraine say enough is enough. they're launching a multipronged offensive against ukrainian government troops and now it appears the situation in in donetsk could get much worse before it gets better. the rebels rejected a peace deal they signed in september and now say they will not even try to talk about a cease fire. that earlier peace deal never held for very long as the recent video out of there shows. the u.s. and western nations have hit the russian regime of vladimir putin with sanctions and response to the ongoing fighting but a russian deputy prime minister said today we will survive any hardship in the country, eat less food, and use less electricity. they have more of the fighting in our slide show this afternoon. you can see a separatist soldier holding a rifle there where the fight has steadily become more intense. here, pro russian vehicles are on the movement nato and the united states officials say there are signs the rebels have already pushed farther west. this photo is from yesterday after mortar shells hit a bus stop in the rebel city of donetsk. that killed 13 people both the ukraine government and separatists blame each other for and the drones, just laid waste to the airport in donetsk. it is in ruins as fox reports this hour. the united states and cuba just wrapped two dives talks havana, but both sides say they still have profound differences on issues from human rights. big surprise. cuba's top negotiator says it would be difficult to restore diplomatic ties as long as cuba remains on the list of state sponsored terrorism. are we leaving them on this list? isn't that part of the discussion here, taking them off the list in exchange for their doom something? >> that's right. that's a process for the united states that's going to take months. it's a review process that's joan. a lot more work to do. president obama initiated the most significant change the generations. but u.s. officials say these are complex negotiations and there's no set date when the two governments will have embassies operating in each other's countries. on human rights u.s. officials will continue to engage the cuban people directly. >> we think that we need to make decisions in our own interests and take decisions that are going to empower the cuban people, but the verdict on whether that succeeds is still to be made. >> while the u.s. and cuban governments continue to negotiate through a host of significant difference they're also facing resistant wednesday their countries, with strong opposition and both cuba and the united states too better relations. also no said date for the next round of negotiations. >> a lot of people have been asking when american businesses can start operating in cuba. we don't know yet do we? >> it's beginning slowly. how much more from here is going to take time to figure out. mastercard announced it would stop blocking transactions in cuba on march 1st. the obama administration is trying to make travel easier allowing more experts to the island. the full ban lifting that, involves congress. >> officials have suspended a fraternity at the university of michigan. indep never lit after frat brothers and their guests trashed a ski resort. a representative of the resort says they did almost $100,000 in damages. there's some photos of the aftermath here. at the tree tops resort in northern michigan last weekend shatters windows, beds and furniture in tatters, and a kitchen which we'll show you now, pretty well destroyed in response the national fraternity signal fa -- cigna alpha m banned the fraternity. students from other frats and sororities were joining the party. >> investigators in california and nevada say they may have solved a string of killings from the 1970s. there's a woman who has already confessed and has been serving time all this time. she apparently did not do it. the new evidence and the reason for it coming up. you show up. you stay up. you listen. you laugh. you worry. you do whatever it takes to take care of your family. and when it's time to plan for your family's future we're here for you. we're legalzoom, and for over 10 years we've helped families just like yours with wills, living trusts and more. visit us today for legal help you can count on. legalzoom. legal help is here. the gypsy hill murders. killer convicted but wrongly and now investigators say they finally have a new suspect in the string of killings that horrified the san francisco bay area and left five young women dead back in 1976. almost four decades since the bodies turned up one by one. most of the victims teenagers. most of their body showed sign0s rape and now all these years later police say they lynch linked a man to at least two of the killings. they say dna evidence put this man at a couple of those crime scenes. they tell us they've also linked him to another murder in 1976. the killing of a student at the university of nevada at reno. that brings to six the total number of victims. the victim in reno is the woman on the upper right here. according to local reports investigators matched the suspect's dna to a cigarette butt near the spot where she died. that cigarette butt could lead a judge to exonerate this woman. back in the 1970s when she was patient at a mental institution she confessed to the killing of the university of me -- 1/2 nevada student. she has recanted her statement. her lawyer says she confessed to get a better room at the mental institution. she will have a retrial this summer. diane otherwiseman has been researching this says is and is live this afternoon from los angeles. diana, a cigarette butt does not a conviction make. >> absolutely not. does help place the defendant at the scene of the crime which is helpful burt they'll need more than that. they'll need to show m.o., need to eliminate any alibi evidence that he might have that could help in his defense. definitely the sheer presence of a cigarette butt doesn't equal a conviction. but it does speak to the volume that dna evidence has incredibly powerful and absolutely in a time back in the 1970s nobody could have ever throughout that dropping a cigarette butt at a crime scene could connect you to that crime because nobody could have foreseen this was the type of evidence that could be used in forensic evidence in the future. >> this suspect here rod any halboer, is in jail and has been interviewed bay local television station. he says -- i don't know anything. no knowledge about this. this finding a cigarette butt in and dna from 30 years ago doesn't make sense. it could be very difficult to bring together. memories are fuzzy 30 days later, much less 30 years. >> it's always difficult for both side when case aim -- cases age, witnesses disappear they die, memories fade evidence will start to disintegrate, lose its foreign sim value. so definitely makes it more challenging for both sides but the prosecutor has the burden of proving beyond a reasonable doubt that this defendant committed these murders and having the cigarette butt in both crime scenes places him at the scene of the crime which helps. makes sense that he would be careless enough to flick a cigarette where nowdays somebody might not do something like that because he never anticipated this cigarette butt could we used to tie him to these crimes use, this woman who had been in a mental hospital and confessed, you wonder how much that confession got in the way of the continuing investigation into this case. it appears if nothing else it was still open because they certainly put this dna together. >> absolutely. i think what is really remarkable is they're considering retrying her. i'm unclear why prosecutors see the need to retry this woman when seemingly the only thing that would connect her to this crime what her confession, and i would think they have a corpus problem in the sense of having her statement be the only connector between this act and whether or not she actually did it. it seems weak and it seems like a stretch. and i think it's even more damaging to the prosecution in her case that there is forensic evidence tie something other person, another person that is currently spending anytime custody for attempted murder. so we know he is a violent individual. i think that muddies the prosecution of her case as will. >> diana, thank you. >> thank you. >> new violence today in yemen which is turning into a potential nightmare for the united states. the pro western president and government are out. after they worked with the u.s. against al qaeda for years. so who is in charge now and what trouble does they pose? a live update ahead. >> airlines had absolutely no problem raising ticket prices when oil prices went through the roof. right? well, oil prices are in the basement now and the airlines are saving billions. so how about you fork a little over, planning to do that, are you? now we know where all their extra money is going. stand by. no super-slow-motion footage of trucks splashing through the mud. no cowboy hats, horses or hay bales. just a ram 3500 that head to head can out-tow ford's f-350 by more than one and a half tons. get more facts at ramtrucks.com. 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(woman) all my life, he's protected me. now i am giving back. ask their doctor about adding... once-daily namenda xr. more headlines. for the first time divers enter the fuselage of the airasia jet that crashed the the java sea and pulled out six bodies according to an official in charge of recovery efforts. all 162 people aboard the flight died. cops say they're looking for two men who busted into a gun store and made off with six weapons north of orlando. store owner says the break-in cost them $10,000. police say the men tunneled through the walls of an empty storage next door to get inside. >> sky mall is dead and it's fault. the company that owns sky mall filed for bankruptcy. chief executive says fewer people are reading the catalogue now that there's wi-fi and tablets to entertain. no word what they'll put on the speed back pocket. maybe food left over from a few days ago. work better on pain than tylenol arthritis. so why am i still thinking about this? how are ya? good. aleve. proven better on pain. introducing preferred rewards from bank of america the new banking rewards program that rewards our customers, every day. you'll get things like rewards bonuses on credit cards.... extra interest on a savings account... preferred pricing on merrill edge online trades and more... across your banking and investing get used to getting more. that's the power of more rewarding connections that's preferred rewards from bank of america. >> city prattling on at the pentagon. not one reporter has asked the benning that the two japanese prisoners and kirby has not spoken of it. if they get around to it we'll let you know about it. >> a critical u.s. ally is plunging deeper into chaos this hour after yemen's western-backed president, the prime minister, and the entire cabinet up and quit. gone after pressure from rebel whose slogans include "death to america." analysts say that iran is calling all the shots and providing the cash for those rebels. this in the home of what the united states officials called al qaeda's most dangerous affiliate. in other words this matters a lot and it's bad. today witnesses reported hearing a pair of explosions in yemen's capitol city. they were supposedly targeting leaders of the it should rebels. nobody reported dead. rebel leaders called for supporters to hold mass rallies today but there have been protests on both sides. >> thousands in the streets in southern yemen demonstrating against the rebels who have taken over. some are calling for the country to split in two as it was in the past before the western world deed it up. chances are there will be a civil war or a splitting or al qaeda will take over or the rebels will. that is iran's rebels. yemen's parliament has set -- is set to hold an emergency meeting this weekend. the state department reports it's pulling more staffers out of the embassy there. officials are in touch with a quote, range of officials. so who is in charge? john hudy with this live bottom of the hour from jerusalem tonight. >> shepard, to answer your question no one in charge at this point of yemen's government. adding to the already critically dangerous situation. certainly doesn't bode well for the united states. now, rebel forces however, have control of the country's capitol. now amid the turmoil yemen's par him is scheduled to hold an emergency meeting on hsu. under the yemeni law the parliament speaker would assume the presidency but that hasn't happened. if it does he is said to be align width the houthis, thoughties are said to be backed by iran. so there's concern iran will have more power in yemen, and they may use the chaos and havoc to exploit the situation. it could plunge yemen into even more sectarian violence. >> of course, john next door to yemen, solds diarabia had a new king and is waste nothing time organizing his government in the oil rich nation. state tv there reports king abdullah died this morning and according to islamic tradition there was a simple funeral and burial in an unmarked grave litsch was king for close to decade but ran the country since 1995. analysts say he strengthened saudi arainies relations with the united states by helping in the fight against al qaeda and the nuclear standoff in iran. his half brother has taken of the throne and promises to continue the countries policies. a reminder king abdullah is one of the most repressive nations in the world. the state department says saudi arabia tortures citizens, holds political prisoners denies due process and arbitrarily arrests and detains people. the late king abdullah's daughters advocated for women's right and nor that in 2002 he confine end them to dark and suffocating would rooms where they remain today. their mother is in compile in england. she married the king in an arranged wetting when she was 15 and he was 48. he died at 90. trace gallagher is live in the west coast news hub now. we know who the next two kings will be. >> reporter: we do. first in line is the crown prince, the half brother of king salman and the youngest son of the founder of saudi arabia the crown prince is in his late 6 0s, a decade younger and that's very important because king salman is not good health. the suffered a stroke two years ago and has very little use of his left arm. analyst says the naming of the prince was extremely fast. listen. >> i was not surprised that he was appointed. i was surprised by the speed with which this was done, and that indicates to me that the ruling family wants to make sure that there is no crisis no succession crisis for the future. >> and second in line to the throne is the nephew of king salman and had a lot of competition because he is injure one of hundreds of grandsons of the late king, the founder of saudi arabia. >> as they continue their refestive policies they're now dealing with a struggling economy. >> reporter: when the king passed away oil prices went up a little bit. now they're back down below $50 a barrel. instant oil represents 509% of their economy so income is dropping and unemployment is nearly 12% and saudi arabia's young people are push back. half of the country's 20 million population is under the age of 25. and they use the internet widely to criticize the kingdom as being old and out of touch. so, king salman is pushing to build more infrastructure to create jobs and even talk that the kingdom may soon allow women to drive. the hope is that would increase demand for cars and make it easier for women to get jobs. that is if old school saudis will actually hire them. >> trace gallagher in los angeles, thank you. analysts say it's unlikely the king's death will change the course of oil prices in the comes months. the price of oil has fallen almost 16%, now below 50 dr. a barrel. the airline industry is clearly loving every minute of it. southwest airlines reports it will likely save half a billion dollars. united and delta projecting savings in the hundreds of millions of dollars and could be great news for those airline shareholders. but customers not so much. fox business network's jolene is here some e-mail -- why are you picking on the airlines? are you kidding me? have you been on an airline lately? we'veing pick on them all we want. >> a lot of people are complaining that fares are not going down and they're not. here's a stat i want to show you right now. jet fuel is actually down 40% year over year, and yet fares are only down about 4.7%. >> why? why aren't they passing the savings along to us? they certainly pass the costs along to us when the price went up. >> checked bags everything you can name. the deal is they think that shareholders will do more for the company. they're going to try to use the money to buy back shares, help hour shareholers, give. the more credit or pay back debt they may have on hand or some airlines are actually reportedly using the money to lobby washington, for policies that are more favorable to who? not the customer but the airlines. >> that's what happen when we get down too airline. i have good news. new cheetos. 0 not a properly inflated bag. look at this. sweetos. it's coming out. these ones are cinnamon sugar flavored, much different from the cheesy orange cousins that are very popular in colorado and leave yellow stuff on your fingers. frito-lay reports it's the only sweet cheat to's snack in the grants0s history and i think we should try them. >> we should. >> is it okay to east on tv? >> i don't know. >> everybody dig in. these look kind of like churros. >> tastes like cereal. >> very good. you know -- >> not bad. >> never mind -- probable live get in trouble for that. ten grams of fat, but two% of the day's necessities riboflav vein is available in there. >> got to be healthy right? >> something to hang your hat on. never serve anything this good on the airplane. >> what do you like better the savory or the sweets. >> as an an tieder yellow or orange, as a dessert, this and all of it is terrible for us but delicious. jo ling nose to -- nice to see you. oops. the white house is now reacting to the dustup of the israeli prime minister's trip to the united states. he'll speak to congress but will not meet with the president. that is what they're saying right now. he'll speak to congress but won't speak to the president. so what does there is mean for a our relationship with the closest ally in the middle east? have you been able to see through this thing yet? can you see through what's going on here? seriously? open your eyes. i have a quote for you when we come back that i think sums it up perfectly. well, a mortgage shouldn't be a problem your credit is in pretty good shape. >>pretty good? i know i have a 798 fico score thanks to the tools and help on experian.com. kaboom... well, i just have a few other questions. >>chuck, the only other question you need to ask is, "what else can you do for me?" i'll just take a water... get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions. your daughter has a brilliant idea for her science project. and you could make it happen. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done. the white house says it was not a slap in the face for run leaders to in -- seive of if you can count the number of fibs coming out of this. let's go back to the top. i'm going to read this and you can count the fibs. the white house says it was not a slap in the face for republican leaders continue invite benjamin netanyahu to capitol hill without getting consent from the president first. prime minister benjamin netanyahu is set to speak to a joint session of congress in march even though he will not be on the guest list at the white house. it will be two weeks before israel's election and the white house press secretary says under a long standing practice the u.s. president does not meet with foreign leaders so close to an election. that's the second one because they do if they're big issues on the table and they have forever. at the same time, prime minister netanyahu is a harsh critic of iran, and the white house says the two leaders have a fundamental disagreement over how to handle the rogue nation's nuclear program. >> we prefer that the israeli prime minister share the president's view about our approach to resolve thing the international community's concerns about iran's nuclear program. he have done our best to persuade him. >> political analysts say netanyahu could move for stricter sanctions against the islamic republican. chris wall lace is here. yaw got to two there right? >> yes. two fibs. >> and then -- i found a quote today which i'm guessing you saw. this is from martin -- the former ambassador to israel from the united states and he has been a guest here a lot. look what he said. netanyahu is using the republican congress for a photo op for his election campaign, and the republicans are using benjamin netanyahu for their campaign against obama. he goes on to say unfortunately the united states' relationship with take the hit. it would be far wiser for us to stay out of their politics and for them to stay out of ours. hour about that. >> 100% right. i happened to be the white house on wednesday when boehner announced he invited and netanyahu accepted this, and a top white house official was flabbergasted said with got no advance warning. we found out about it. the white house when bane are announced it to the press and to make you get a sense of really how, forgive me, wicking this whole thing is that's correct of state, john kerry, met with the israeli ambassador to the united states for two hours on tuesday and ron durmer, the ambassador, never mentioned the fact that netanyahu was in negotiations and finally agreed to come to washington, not to see the president but to go to capitol hill, speak to a joint session of congress and criticize the president's policy. i have to say i'm shocked. >> it was secretary kerry who had a pretty good comeback to boehner's political stunt here. and i wonder what your authority is. if in the end boehner -- netanyahu won't back out of this because members of his own massad have said this is a horrible idea and so have members of his own political party him opponents are screaming that the newspapers over there are going wild over this. it just seems like they think we don't pay any attention and we are a bunch of complete more -- morons, the united states citizens. >> here's the thing that is so interesting. it's two weeks before the election and supposedly -- i think martin has it right. bb netanyahu is an extremely savvy and successful politician and wouldn't come here unless he thought were to his political advantage. in israel is always the relationship between israel and the united states, and even when they're fighting with each other, the israelis want to know that the u.s. has their back. for netanyahu to do something that is going to be seen as such a deliberate and really pretty efree yous snub of president obama when president obama will be in power for the next year and three-quarters would seem to me to be a risky political strategy. he knows his politics better than i do but for him to come here and side with boehner against obama on iran seems to be very dicey politics. >> the last pressure, president bush, said you must stop the expansion of thelements. what does israel do? they expand the settlements. this president says you got to stop expanding the settlement and they keep expanding the settlement. and then leaving some in the white house to whisper netanyahu doesn't want a two-state solution. if he did he would be working toward one. it's confusing and complicated. >> let's talk about iran. i don't think anybody objects to the idea that prime minister netanyahu, who has a different view of iran, the at any rate from iran -- >> of course. >> and the negotiations that the west are carrying out with iran -- i don't think anybody octobers to that. it's an threat -- israeli leaders talked about wiping iran of off the face of the earth. for netanyahu to come here to ignore the president to not even let him know he was coming and to sneak in to come to talk before congress with the president's opponents to criticize the president's policy, that's a different thing. that gets to a question of diplomacy and protocol. >> i'm knew the last person without a book. i know mrs. soup is coming out with another book and gretchen has a book coming out about violinning and missmer and -- miss america. i'm the only one without a book. >> and boy if there was anybody who could write a book, it would be you. >> at least three payments about the rebels, something on cheetos. >> well, i hear you complain -- i thought you were complaining you didn't have a copy of low rain's new book? called, mr. and mrs. sun day supers which is coming out next tuesday use who is came up with the name? >> well, -- >> we don't call it supper in mississippi but i figured your harvard types called it dinner. >> no, she came up with suppers but we have them any day of the week and it was her idea. >> that's a great idea. >> they're scrumptious. >> i look forward to having some of the meals. i can't read but if i could i would. >> well, if you would like, low she'll give you a copy of the book. >> identity appreciate the food if she would just come up and -- everybody on the news deck would enjoy these. all we have is these cheetos. >> you're too busy having dinner with the president -- >> you were the one at the white house on wednesday when they -- netanyahu stuff bubbled. [laughter] >> goodbye shep. >> well, we have to promote the show. i have words on the prompter. >> you detect better. >> fox news sunday, he'll talk with the white house chief of staff who was at our lunch the a die, dennis mcdonough. he said hello, he will be there to talk about the threat in the middle east and the plans the president shelled out in -- spelled out in his "state of t address. chris wallace will talk with a potential republican contender number 74. john case kasich. he is number 74. >> he is a serious guy. i i'd put him in the top half dozen. >> what are we going to do about the bush and the romney? >> i hope they fight it out for a year on fox news sunday. it's good for us. >> i read the other day, think it was media said you have to go through fox news sunday to get the republican nomination. i like that. >> it's the "fox news sunday" primary. >> any guess is your wife is going to cook, otherwise there's no reason for them to come. i hope you act better in the future. folks in the northeast are gearing up for what could be the-miles-an-hour major snowstorm of the season. might get two or three inches here in new york city. six inches in pittsburgh. major winter storm. sometimes tv news is silly. you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance.l your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. >> folks across the northeast -- a winter storm is hit to city. here in new york city two or three inch. nick gregory is live in the east side of manhattan. never heard new yorkers get so upset about a bunch of nothing, nick. is this something i don't know about? >> it's in a year when we haven't had anything so any threat of a snow, and sends everybody in a tizzy. the storm has had a history of problems. rain in the southeastern states as the storm intensifies and slides up the eastern seaboard we'll see the precipitation advance north. one key element missing is there's no arctic air in place right now so the storm has to generate its own cold air and will do that as it rapidly intensifies but not really clobber the immediate coast. looks like the have you're snow totals will be -- heavier snow totals will be found inleads and it's a fast moving snow. >> where will they have the most of it? >> looks like just inland. we're talking central eastern pennsylvania and particularly -- these are winter storm watches and warnings, so winter weather advisory for the city eastern new england, boston another thereof city is in the northeast the hardest hit. at five to eight inches and coastal maine. notice the cutoff, get away from the coast, an insure or two, maybe three outside of the city philly up to three or four and then kits off because the storm moves quickly and intensifies in a narrow band getting to western new york and western pennsylvania. nothing this time around but not storm threat on monday. >> nick gregory from wnyw. what new yorkers watch. see you tonight. thank you. well, check of the dow this day in history and whatever else we can cram in. that's coming up. can this decadent, fruit topped pastry... ...with indulgent streusel crumble, be from... fiber one. fiber one streusel. on this day in 1983 americans first met the a-team. they were vietnam vet weather game soldiers of fortune, defending good guys and good at making weapons oust scrap metal itself was the number one program in all of america and made mr. t a super star. i pity the fool who missed the episode with boy george playing himself as the announcer said every week, if no one else can help and if you can find them maybe you can hire the a-team. and win into action 32 years ago today. now we have the fox news medical a-team. and cheetos that taste like breakfast cereal. happy friday. >> two weeks after paris, fears it could happen again. now the u.k. is warning of a very significant risk. it's words of an isis-inspired attack. senator ted cruz taking action over here. republican senator ted cruz says we have to file legislation today that would ban american citizens fighting alongside isis from ever coming back to the u.s. eric sayings it's about time and makes sense. eric, i always wonder what takes so long. seems to be

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