Lawsuit officer as we learn more about the victim. Also, Supreme CourtJustice Ruth Bader ginsberg in the hospital after a fall. New reporting live from the Supreme Court. And some democrats demanding the new acting attorney general recuse himself from the russia investigation because of his past comments. While the white house says theres no constitutional crisis. Reporting begins now. America woke up yet again today to another mass shooting. This from College Night at a country bar in Thousand Oaks, california outside l. A. A night of dancing and hanging out with friends turned into a massacre with 12 people plus the shooter dead. People desperate to escape the crowded bar using chairs and bar stools to break the windows. Heres some of the survivors. It was a normal wednesday. We were at the bar having fun, dancing. And then all of a sudden, you hear like the bang bang. Gun shots. I heard the gun shots. I turned around and i saw him shoot a couple more times. Within a split second, everyone yelled get down. We thought it was a joke. Sounded like firecrackers. The gunman was throwing smoke grenades all over the place. So i ran to the left of the dance floor where the back door is. Everybody was piled on top of each other. It was silent for a couple seconds. And then all of a sudden a couple guys that were closer to the bar, they got us and started running for the back door and said hes coming. He kept firing. I ran out the front door. I heard chase being thrown out the window. People were trying to get out the window. My friends started slamming them against the windows so we could get out. Thats how we got out. He broke the window. They broke the window and we climbed out. Some were injured on the broken glass. The suspected gunman, a 28yearold marine corps veteran. The shooter used a glock handgun. But the gun had an extended magazine that is not legal in the state of california. A heart breaking scene outside the hospital where family members waited for word on their loved ones. Some have now received it. Our chief correspondent Jonathan Hunt live at the scene in Thousand Oaks. Shep, good afternoon. The borderline bar and grill a couple hundred yards behind me here remains at the words of the sheriff a horrific crime scene. Theres blood everywhere the sheriff told us. Earlier today, the first 911 calls came in and witnesses we spoke to in the early hours of this morning talked of a man clad entirely in black shooting a Security Guard at the door and walking in, throwing smoke grenades and shooting anybody he found in his sight. It was obviously a terrifying time for the 150 to 200 mainly young people that had gathered there simply to drink and dance as they do every College Wednesday at the borderline bar and grill. Listen here to one of the witnesses talking about the flight to get out. He didnt say anything at all. He just started shooting. I should have stayed until he changed his clip. I was worried about my boy. It was just some low life taking lives that shouldnt have been taken. The gunman has been named by officials as 28yearold ian david long. Hes a u. S. Marine corps veteran, served in afghanistan from late 2010 to mid 2011. Fbi and Sheriff Deputies teams are going through his house right now in nearby Newberry Park trying to find any clues as to a motive. We know, shep, that he had Mental Health issues. The Law Enforcement authorities here were in fact called to his house in april of this year for disturbance. Hes apparently inside screaming and throwing things and neighbors called because they were concerned. As part of that response by Law Enforcement, a Mental Evaluation Team went to the house, but they did not find any reason to hold him or to take any further action at that point. They did talk about the possibility of him suffering from ptsd as a result of his combat. But shep, as any Mental Health expert will tell you, theres so many that come back from afghanistan and iraq and the other wars with ptsd and they dont necessarily pick up a gun and carry out a mass shooting. So while it may prove to be a contributing factor, it doesnt explain why ian david long carried out this massacre, shep. Shepard jonathan, im so sad to report that one close to us has a victim in his family. Yeah, adam housley is a former fox news correspondent. His brother, eric, who i can tell you personally is a wonderful man and a wonderful family im sorry. Im trying to get the statement back from our producer here. Erics daughter, elena, was at the borderline bar and grill last night. She did not we now know survive. Adam housley and his wife, tamara, have just put out a statement. It reads in full, shep. Our hearts are broken, we just learned that our niece, alaina was one of the victims of the borderline bar in Thousand Oaks. Alaina was an incredible woman ander with devastated that her life was cut short in this manner. We thank you for your prayers and ask for privacy. Again, a lalaina housley lost h life in that bar. Among the families, the family of sheriffs sergeant ron helus, one of the first three Law Enforcement personnel to arrive at the scene, shep. He heard shooting, he ran straight in through the door, was met face to face by the gunman who fired several bullets at him and later in the hospital. Sergeant helus succumbed to his wounds and died. The sheriff talked about him emotionally earlier today. Listen here. We lost a great human being. Its part of the loss, again, of the 11 other victims in there and all part of the suffering that were all going to go through as family members and parents and brothers and sisters on this tragic senseless loss of life. One more point about Sergeant Helus, shep. As he arrived or was near the borderline bar and grill, he was just doing a normal nightly checking call as he always did, apparently, with his wife. He got the active shooter call. He said to his wife, i have to go. I love you. Shep . Shepard Jonathan Hunt reporting from the mass murder scene in Thousand Oaks. Police officers, firefighters and other First Responders saluted the sergeant who died trying to save people in that bar in an astounding and heart warming sight it was. A hearse carrying the body of Sergeant Helus from the hospital to the medical examiners in ventura, a long line of police cars and deputies on motorcycles escorting the hearse and by the hundreds and hundreds and hundreds along the busy freeway. You can see on this overpass here. Some others that serve. Stand in salute. Sergeant eric boucho worked for the ventura shears office and was a friend of Sergeant Helus. Sir, thank you. So sorry. What can you tell us about him . He was just a true professional. You know, i told people earlier, im not surprised at all that he was the first one in. Thats just the way he was. Truly dedicated, dedicated public servant. Served with the highest standards of professionalism and a gentle, patient guy. Yet he was always a student of the process, always honing his skills. He was a member of our swat team for many years. He was a firearms instructor, a defensive tactics instructor. I have no doubt that he went there with the intention to stop the threat and save lives. And he im sure his actions were tactically sound. At some point you have to go through the door. Unfortunately the suspect was ready. Just its an unspeakable tragedy. Obviously this tragedy the idea hearing gun shots and running to them with no backup to do whatever you can with very little protection and losing your life in the process. Its just so honorable and unbelievable on some level. How was he such a hero . Thats who he was. He literally trained for these kinds of things his hole career. He experienced other critical incidences. Certainly nothing of this magnitude. Again, as a member of our swat team, he was a very talented investigator. He worked in our Narcotics Task force for many years. Even though he was a year aware from requirement, he worked just as hard on his last day working as he did on his first. He was that kind of guy. Truly dedicated. I processing this is really difficult. Probably the emotions will come later when were wrapping things up here. But i he was truly a cops cop. A great guy. You know, he took up fly fishing a few years ago and would go up in the sierras with his son fishing. It just saddens me that hes not going to get to enjoy that in retirement. My heart goes out to his family. His son, his wife. Its not supposed to happen this way. Shepard no, it isnt. One of the safest cities in all the land. Sergeant eric bushow, many things. Deepest condolences. Thanks, shepard. 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Shepard the oldest member of the u. S. Supreme court, 85yearold Ruth Bader Ginsberg is in the hospital. According to reporting from the high court, Justice Ginsberg fell last night and broke three ribs. She checked into the hospital this morning. We dont yet have reporting on how bad the fractures are or what doctors are saying about her progress. The injury made her miss a welcome ceremony for the Supreme Court newest members, Justice Brett kavanaugh. Jillian turner reporting. As of now, Justice Ginsberg is under close observation at George WashingtonUniversity Hospital in Downtown Washington d. C. Right now, the hospital refusing to provide any comments on her condition. We know she suffered a fall while working here last night. She went home after the fall but after experiencing pain and discomfort throughout much of the evening, she checked into the hospital this morning. Tests showed she fractured three ribs on her left side. She was slated to attend Justice Kavanaughs ceremony this morning. President trump attended the ceremony and as did the acting attorney general, matt. Despite her age, now 85, we know shes a very active exerciser, known to work out with a personal trainer multiple times a week and also said in the not too distance past, shep, shes got no plans to retire. Jillian turner reporting. Some democrats are calling on Matthew Whitaker to recuse himself from overseeing the russia investigation because of comments he made about the investigation itself. Sources tell fox news that Justice Department ethics officials have not yet made a final decision on any recusal. We have team fox coverage as our reporting continues on this thursday afternoon. Only half the story . At t. Rowe price our experts go beyond the numbers to examine Investment Opportunities firsthand. Like ecommerce spurring cardboard demand. The pursuit of allergyfree peanuts. And mobile payment reaching new markets. 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And licensed humana sales agents are standing by. So call now. [ phone rings ] what . ready for christmas . No, its way too early to be annoyed by christmas. You just need some holiday spirit thats it this feud just went mobile. With xfinity xfi you get the best wifi experience at home. And with xfinity mobile, you get the best wireless coverage for your phone. Youre about to find out you dont even know where i live. Hello see the grinch in theaters by saying get grinch tickets into your xfinity x1 voice remote. A guy just dropped this off. Hehehehe. Shepard people close to the acting attorney general Matthew Whitaker tell the Washington Post that he has no intention of recusing himself from the russia investigation. Some democrats say he should because in the past he questioned the scope of the investigation and more. Ethics officials have not decided whether whitaker will be forced to recuse himself. Chief intelligence correspondence Catherine Herridge is live in washington. The ethics review has not taken place for the acting attorney general over whether his past contacts, business relationships or press statements present a conflict requiring his recusal from the russia probe. Critics today are highlights his july 2017 interview about cutting funding for Robert Mueller if his boss, Jeff Sessions, was out. I can see a scenario where Jeff Sessions is replaced and that attorney general doesnt fire bob mueller but reduces the budget so low that his investigation grinds to an absolute halt. When the president asking for sessions resignation, this video that occurred there with the red tie shaking the attorney general sessions hand as he departs, whitaker takes over his job, sessions job as well as the Russia Special counsel investigation. Sessions march 2017 recusal as you know from the russian probe drove a wedge between himself and the president. The counsel to the president said the Justice Departments shakeup is not about disruption. I think its very commendable and notable that the president is looking for a continuum by having the chief of staff for the attorney general, been there over a year, be the acting attorney general until a permanent replacement can be nominated and keeping his job as the Deputy Attorney general, mr. Rosenstein. Law experts called for whitaker to recuse himself based on tv interviews and tweets are without a legal basis. Theres a difference between a lawyer as a commentator and as an acting attorney general. Within the last couple hours, House Democrats on the Judiciary Committee have asked the republican chairman to convene an emergency hearing on the appointment of the acting attorney general, whitaker. What is key here really is the timing and the issue of control. Timing is clear