Transcripts For FOXNEWSW Shepard Smith Reporting 20181113 :

Time for everybody to ramp down the rhetoric. Plus, word of a recording that could link the killing of the Washington Post columnist to the Saudi Crown Prince himself. Its as close to a smoking gun as youll get. Reporting starts now. Shepard and we begin with the wildfires raging in the American West including the deadliest and most destructive inferno in california history. A fire in Northern California now blamed for at least 42 deaths after roaring to life in predawn hours while many residents lay asleep turning communities into ash. And the notice from authorities that like yesterday, more than 200 people are still officially missing. Search crews report finding bodies in burned out cars, in burned out homes and even on front steps. This was once a whole row of mobile homes in the town of paradise. The only things left, metal beams and cinder blocks an piles of molten metal and many dealing with the reality some of their homes and neighbors are gone. In paradise our neighbors didnt make it out. We watched cars melt and people screaming hair on fire. I dont know how we got out. It was two lanes going out and burning and exploding. Everybody has such a normal life everywhere but here. Everybodys just going to work and the sun is shining and our lives and our world is not. Shepard thats Northern California. To the south, a flareup west of los angeles around malibu. Firefighters racing and bracing for another round of santa ana winds also known as the devil winds. Hot, dry and powerful gusts that can whip embers from the ground into a fire storm. Officials say the fire here has killed two and burned hundreds of structures. In malibu aircraft have dropped fire retardant painting them pink. One family said they watched two homes burn to the ground on live television. We have team fox reporting. The chief correspondent Jonathan Hunt from malibu and claudia hunt reporting from the town of paradise first. Reporter from the ruins of what was the paradise and some encouraging news to report. The fire is now 30 contained and crews have kept it from advancing towards a city of 19,000 people. Here in paradise the cleanup is underway and theyre clearing away debris so power can be restored and evacuees can come back. No time frame for that though. Could be after thanksgiving. At the same time, more than search teams are shifting through ashes searching for remains and looking for bodies and looking for vehicles in driveways and roads and we heard where a car got stuck in front and all the people perished and 52 evacuees wait out with friends and shelters and mall parking lots have become tect tent cities with survivors sharing stories of how they escaped the flames. A couple days later we made it through and the cars in front of where we stopped were all on fire. Guardrails were gone and people were driving crazy zipping back and forth without looking. Reporter the president today has been expressing his sympathies an last night declared a federal disaster freeing up federal funds to help with the recovery and tweeted his support for the firefighters an families. And the impact of the fire extending far beyond the city of paradise. Toxic smoke is affecting millions of californias and even forcing School Closures in oakland nearly 180 miles away. Shepard. Shepard Claudia Cowan and breaking now another fire has reemerged. You can see the plane dropping fire retardant over the Lake Sherwood area and the fire just flared up this morning. In fact in the last hour, hour and a half. Theres brand new evacuation orders as the previous ones had been lifted. For most of us in the country putting ourselves mentally in this position is hard to do. Most of us for most areas of the country have never been in the middle a complete fire storms where in every direction flames rage and theres no way out or where neighbors have died in their homes or while sitting on their porches but thats the reality in Northern California and its what theyre trying to prevent now in the south. Team fox coverage continues and our Team Correspondent Jonathan Hunt from the windswept hills in malibu outside l. A. Reporter the city of malibu remains sealed off. Tens of thousands of people evacuated and anxious to get back home. I imagine it will be at least 24 hours when they are allowed to return and when they do, this is the heartbreaking scene that awaits many families. The iconic chimeny stack often the only thing standing and left standing a beach cruiser left the saddle left melted to some extent but otherwise intact. As we come along here what was presumably the office area of this particular home filing cabinets scorched and everything in them lost. Vehicles the same, shep. Just completely scorched, completely destroyed. And i think its easy to think of malibu as an area of millionaires an mansions, well, it does have that too but this is the street i lived on a decade ago. This is where i lived when my youngest daughter was born and the street i taught my eldest daughter to ride a bike and a dozen homes are gone and many live in these ranchstyle homes and hard working americans far from the celebrities malibu is often associated with and those ordinary americans are coming back to this kind of devastating scene. Its going to be heartbreaking for so many families over the next few days and weeks, shep. Shepard i had no idea, jonathan. Whats it like for you being there now . Reporter you broke up slightly there. I think you were saying you had no idea i lived here and whats it like . Its heartbreaking. Theres a guy on the corner, his home is no longer there. I dont know where he is. He used to come out and help my oldest daughter, jordan. You know her well. This is where i taught or the ride a bike and he used to come out and encourage her and clap if she got on two wheels. His home is completely destroyed. I hope he got out. I believe he got out but i dont know. I have other friends who live across the way here. Ive been down to check on their homes and theyre thankfully okay and theyre home has not been touched but so many people have suffered so much and its important to emphasize these are not millionaires. These are ordinary americans in very simple homes. Many have lived here for decade and took the homes over from their parents. They were here when it was just country side before any celebrity discovered malibu and now they have nothing left. Shepard very sad, the best to them. Recounts, believe it or not, are exceptionally rare in america. Fewer than 1 in 100 races every require a recount and rarer is a recount that changes the results. That said, the recount is Going Forward in florida. And well take you there as reporting continues this tuesday afternoon and an astounding new report coming from the white house. Thats later. Smile dad. I take medication for high Blood Pressure and cholesterol. But they might not be enough to protect my heart. Adding bayer aspirin can further reduce the risk of another heart attack. Because my Second Chance matters. Be sure to talk to your doctor before you begin an aspirin regimen. After a scratch so small rocket you could fix it with a pen. How about using that pen to sign up for new insurance instead . For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty. Liberty. Liberty. Liberty. The nations largest seniorliving referral service. For the past five years, ive spoken with hundreds of families and visited seniorcare communities around the country. And ive got to tell you, todays seniorliving communities are better than ever. These days, there are amazing amenities, like movie theaters, exercise rooms and swimming pools, public cafes, bars, and bistros, even petcare services. And nobody understands your options like the advisers at a place for mom. These are local, expert advisers that will partner with you to find the Perfect Place and determine the right level of care, whether thats just a helping hand or fulltime memory care. Best of all, its a free service. There is never any cost to you. Senior living has never been better, and theres never been an easier way to get great advice. Call today. A place for mom you know your family, we know senior living. Together well make the right choice. Very high triglycerides with diet and exercise deserves the hard work that went into the Science Behind vascepa. Prescription vascepa. Vascepa, along with diet and exercise, has Proven Results in multiple clinical trials. Vascepa looks different because it is different. Over a decade of Extensive Research and development achieved Proven Results. Thats the prescription power of vascepa. Vascepa is not right for everyone. Do not take vascepa if you are allergic to icosapent ethyl or any inactive ingredient in vascepa. Tell your doctor if you are allergic to fish, have liver problems or other medical conditions and about any medications you take, especially those that may affect blood clotting. 2. 3 of patients reported joint pain. Ask your doctor about what the Science Behind prescription vascepa can mean to you. Amarin thanks the clinicians and patients who participated in the vascepa clinical trials. Shepard the thrilling look that is almost yubiquitous insie the tv box at the Broward County canvassing board thingamajig where the vote continues. Race for governor and senate are still undecided. The state set thursday as the deadline to complete the recount but palm beach reports it will not be finished in side and a judge said, ramp down the rhetoric. Were outside the thrilling election place in lauder hill. Hello. Reporter just minutes ago a major milestone for Broward County. They just completed tabulating all the ballots that were put in early. Now, they have to get to the vote by mail ballots and all those from election day and the early votes which they just completed equals about 300,000 votes. Thats almost equal to all that cast on election day. All the ballots remain in bins. This is inside the building behind me under tight security under the watchful eyes of sheriff deputies. Every ballot once counted will be stored in a tightly secured room after the recount is said and done. Still to be recounted, votes by mail on election day, like i said, deadline of 3 00 p. M. Thursday. We will complete the recount. Theres never been a deadline we dont make. The senate race very title. Senator bill nelson behind me and governor rick scott and the votes are. 15 and he spoke in the senate floor from an office in d. C. This process is about one thing, making sure that every legal ballot is counted and protecting the ride of every floridian. Reporter meanwhile in miamidade more populeous theyll make sure to make the count. Shepard no election has every been overturned with a margin this large by more than 17,000 votes. Now theres a senate runoff. The Republican Center Cindy Hyde Smith running for a full term under scrutiny for a comment she made putting the states troubled history of race and politics back in the spotlight. Her opponent is the Democrat Mike Espy and served as agriculture secretary for president bill clinton and trying to become the states first black senator since reconstruction. Heres the comment causing the controversy. Its from the second of the month but just coming forward. Senator hydesmith was campaigning and how she described her loyalty to a supporter. The phrase, public hanging on the front row is especially loaded in the state of mississippi. The naacp said there were more than 700 lynchings in the United States between 1882 and 1968 and more happened in mississippi than in any other state, about 18 in a state where the Current Population is nearly 40 black. Senator hydesmith issued a statement that she didnt mean anything negative and an exaggerated expression of regard and added she will not speak of the incident again and has not. Trace gallagher reports on the state of the race. Reporter shepard, records show African American women and teenagers were among those lynched and the naacp has come down hard on the comment calling it sick and going on to stay, quoting to envision this brutal and degenerate type of frame during a time when black people and jewish people and immigrant are still being targeted by while nationalists is hateful and hurtful. When hydesmiths component was first asked about the comment on cnn he deflected saying we need leaders to bring us together but later his campaign called hydesmiths comments reprehensible saying theres no place in our political discourse. In mississippi and our country we need leaders not dividers and her words shows she lacks the information and judgment to represent the people of our state. As for hydesmith, she accepted an endorsement from the national right to life president and asked repeatedly about her comment. We put out a statement yesterday and we stand by the statement. Can you expand why you said it and what you meant by it and why people in the state should not see it as offensive . We put out the statement yesterday and its available and we stand by that statement. Reporter that Statement Reads quote, in a comment on november 2 i referred to accepting a speaking engagement and any attempt to turn it into a negative connotation is ridiculous and one person said the controversial comment could have been phrased better but meant no offense and has no ill will in her heart. Shepard in georgia, folks are still waiting to find out who their next governor will be. A federal judge last night ordered the state to wait until at least this friday, friday at least to certify any results. The democrat, stacy abrams, sueded for more time to get the votes counted. Shes fighting to become the states first black woman governor and its so close it could go to a runoff. Her opponent has declared victory. Were reporting live from atlanta. Reporter democrats are celebrating a series of federal Court Rulings in their favor. Just today a judge blocked Elections Official in guinet county because voters failed to write their birthday or got it wrong. It follows a separate ruling for a goodfaith review of provisional ballots for voters flagged because of issues with their voter registration. Brian kemp is a fraction of a point above the 50 flesh hold to win outright. Abrams hopes to get enough votes to force the race into a december 4 runoff. She needs to vet 12,000 votes with provisional ballots from democratic counties she can get part of the way there but brian kemps campaign doesnt believe theres enough ballots outstanding to bridge that gap even if she gets all the votes. Reporter they accuse abrams of using the courts to steal elections an the abrams camp accuses them of trying to suppress voters. Shepard ahead the latest on lawsuits involving the trump administration, cnn suing the white house over the suspension of the White House Co correspondents press tab and the fight over one attorney general. Thats next. I am a family man. I am a techie dad. I believe the best technology should feel effortless. Like magic. At comcast, its my job to develop, apps and tools that simplify your experience. My name is mike, im in Product Development at comcast. Were working to make things simple, easy and awesome. Shepard 25 minutes past the hour now. And new information coming to us a brand new instant happening today. President trump facing the first lawsuit over this temporary pick to run the Justice Department. The state of maryland is asking the judge to declare Matthew Whitakers appointment illegal. The president tapped him as the acting attorney general after Jeff Sessions was forced to resign. The white house said the appointment is legal. Andrew napolitano has disagreed. Our correspondent Catherine Herridge reports. Reporter it allows the president to make a temporary appointment. No question the president and the department of justice leadership has confidence in matt whitaker. He has a full and Legal Authority under the vacancy reform act of 1998 where senior whos been where someone thats been a senior official can act as attorney general. Reporter theyre looking at whether he had the authority to make the department because whitaker was called a senior or principle officer. Yes, within certain limits. However, the question is whether he also qualifies under the constitution. Thats a closer call. Whenever you get something not settled youll always have this run of unintended consequences from it. Reporter and this morning the state of maryland filed these court papers challenging whitakers appointment as acting attorney general. The legal challenge comes as part of an existing obama care related lawsuit and heres the key quote, the appointment of whitaker as acting attorney general instead of Deputy Attorney general rosenstein violates the succession act as well as the appointments clause of the constitution. The state of maryland is seeking an injunction in the case. Whitaker is consulting with ethics officials at the Justice Department and we could get a legal opinion at some point today and the Justice Department is declining to comment on the maryland suit for now. Shepard Catherine Herridge report from washington. New today, the first lady is calling for a top security aide to be fired. Saying the aide no longer deserves the honor. Details in a moment. First, cnn is now suing Washington Post<\/a> columnist to the Saudi Crown Prince<\/a> himself. Its as close to a smoking gun as youll get. Reporting starts now. Shepard and we begin with the wildfires raging in the American West<\/a> including the deadliest and most destructive inferno in california history. A fire in Northern California<\/a> now blamed for at least 42 deaths after roaring to life in predawn hours while many residents lay asleep turning communities into ash. And the notice from authorities that like yesterday, more than 200 people are still officially missing. Search crews report finding bodies in burned out cars, in burned out homes and even on front steps. This was once a whole row of mobile homes in the town of paradise. The only things left, metal beams and cinder blocks an piles of molten metal and many dealing with the reality some of their homes and neighbors are gone. In paradise our neighbors didnt make it out. We watched cars melt and people screaming hair on fire. I dont know how we got out. It was two lanes going out and burning and exploding. Everybody has such a normal life everywhere but here. Everybodys just going to work and the sun is shining and our lives and our world is not. Shepard thats Northern California<\/a>. To the south, a flareup west of los angeles around malibu. Firefighters racing and bracing for another round of santa ana winds also known as the devil winds. Hot, dry and powerful gusts that can whip embers from the ground into a fire storm. Officials say the fire here has killed two and burned hundreds of structures. In malibu aircraft have dropped fire retardant painting them pink. One family said they watched two homes burn to the ground on live television. We have team fox reporting. The chief correspondent Jonathan Hunt<\/a> from malibu and claudia hunt reporting from the town of paradise first. Reporter from the ruins of what was the paradise and some encouraging news to report. The fire is now 30 contained and crews have kept it from advancing towards a city of 19,000 people. Here in paradise the cleanup is underway and theyre clearing away debris so power can be restored and evacuees can come back. No time frame for that though. Could be after thanksgiving. At the same time, more than search teams are shifting through ashes searching for remains and looking for bodies and looking for vehicles in driveways and roads and we heard where a car got stuck in front and all the people perished and 52 evacuees wait out with friends and shelters and mall parking lots have become tect tent cities with survivors sharing stories of how they escaped the flames. A couple days later we made it through and the cars in front of where we stopped were all on fire. Guardrails were gone and people were driving crazy zipping back and forth without looking. Reporter the president today has been expressing his sympathies an last night declared a federal disaster freeing up federal funds to help with the recovery and tweeted his support for the firefighters an families. And the impact of the fire extending far beyond the city of paradise. Toxic smoke is affecting millions of californias and even forcing School Closures<\/a> in oakland nearly 180 miles away. Shepard. Shepard Claudia Cowan<\/a> and breaking now another fire has reemerged. You can see the plane dropping fire retardant over the Lake Sherwood<\/a> area and the fire just flared up this morning. In fact in the last hour, hour and a half. Theres brand new evacuation orders as the previous ones had been lifted. For most of us in the country putting ourselves mentally in this position is hard to do. Most of us for most areas of the country have never been in the middle a complete fire storms where in every direction flames rage and theres no way out or where neighbors have died in their homes or while sitting on their porches but thats the reality in Northern California<\/a> and its what theyre trying to prevent now in the south. Team fox coverage continues and our Team Correspondent<\/a> Jonathan Hunt<\/a> from the windswept hills in malibu outside l. A. Reporter the city of malibu remains sealed off. Tens of thousands of people evacuated and anxious to get back home. I imagine it will be at least 24 hours when they are allowed to return and when they do, this is the heartbreaking scene that awaits many families. The iconic chimeny stack often the only thing standing and left standing a beach cruiser left the saddle left melted to some extent but otherwise intact. As we come along here what was presumably the office area of this particular home filing cabinets scorched and everything in them lost. Vehicles the same, shep. Just completely scorched, completely destroyed. And i think its easy to think of malibu as an area of millionaires an mansions, well, it does have that too but this is the street i lived on a decade ago. This is where i lived when my youngest daughter was born and the street i taught my eldest daughter to ride a bike and a dozen homes are gone and many live in these ranchstyle homes and hard working americans far from the celebrities malibu is often associated with and those ordinary americans are coming back to this kind of devastating scene. Its going to be heartbreaking for so many families over the next few days and weeks, shep. Shepard i had no idea, jonathan. Whats it like for you being there now . Reporter you broke up slightly there. I think you were saying you had no idea i lived here and whats it like . Its heartbreaking. Theres a guy on the corner, his home is no longer there. I dont know where he is. He used to come out and help my oldest daughter, jordan. You know her well. This is where i taught or the ride a bike and he used to come out and encourage her and clap if she got on two wheels. His home is completely destroyed. I hope he got out. I believe he got out but i dont know. I have other friends who live across the way here. Ive been down to check on their homes and theyre thankfully okay and theyre home has not been touched but so many people have suffered so much and its important to emphasize these are not millionaires. These are ordinary americans in very simple homes. Many have lived here for decade and took the homes over from their parents. They were here when it was just country side before any celebrity discovered malibu and now they have nothing left. Shepard very sad, the best to them. Recounts, believe it or not, are exceptionally rare in america. Fewer than 1 in 100 races every require a recount and rarer is a recount that changes the results. That said, the recount is Going Forward<\/a> in florida. And well take you there as reporting continues this tuesday afternoon and an astounding new report coming from the white house. Thats later. Smile dad. I take medication for high Blood Pressure<\/a> and cholesterol. But they might not be enough to protect my heart. Adding bayer aspirin can further reduce the risk of another heart attack. Because my Second Chance<\/a> matters. Be sure to talk to your doctor before you begin an aspirin regimen. After a scratch so small rocket you could fix it with a pen. How about using that pen to sign up for new insurance instead . For drivers with accident forgiveness, Liberty Mutual<\/a> wont raise their rates because of their first accident. Liberty. Liberty. Liberty. Liberty. The nations largest seniorliving referral service. For the past five years, ive spoken with hundreds of families and visited seniorcare communities around the country. And ive got to tell you, todays seniorliving communities are better than ever. These days, there are amazing amenities, like movie theaters, exercise rooms and swimming pools, public cafes, bars, and bistros, even petcare services. And nobody understands your options like the advisers at a place for mom. These are local, expert advisers that will partner with you to find the Perfect Place<\/a> and determine the right level of care, whether thats just a helping hand or fulltime memory care. Best of all, its a free service. There is never any cost to you. Senior living has never been better, and theres never been an easier way to get great advice. Call today. A place for mom you know your family, we know senior living. Together well make the right choice. Very high triglycerides with diet and exercise deserves the hard work that went into the Science Behind<\/a> vascepa. Prescription vascepa. Vascepa, along with diet and exercise, has Proven Results<\/a> in multiple clinical trials. Vascepa looks different because it is different. Over a decade of Extensive Research<\/a> and development achieved Proven Results<\/a>. Thats the prescription power of vascepa. Vascepa is not right for everyone. Do not take vascepa if you are allergic to icosapent ethyl or any inactive ingredient in vascepa. Tell your doctor if you are allergic to fish, have liver problems or other medical conditions and about any medications you take, especially those that may affect blood clotting. 2. 3 of patients reported joint pain. Ask your doctor about what the Science Behind<\/a> prescription vascepa can mean to you. Amarin thanks the clinicians and patients who participated in the vascepa clinical trials. Shepard the thrilling look that is almost yubiquitous insie the tv box at the Broward County<\/a> canvassing board thingamajig where the vote continues. Race for governor and senate are still undecided. The state set thursday as the deadline to complete the recount but palm beach reports it will not be finished in side and a judge said, ramp down the rhetoric. Were outside the thrilling election place in lauder hill. Hello. Reporter just minutes ago a major milestone for Broward County<\/a>. They just completed tabulating all the ballots that were put in early. Now, they have to get to the vote by mail ballots and all those from election day and the early votes which they just completed equals about 300,000 votes. Thats almost equal to all that cast on election day. All the ballots remain in bins. This is inside the building behind me under tight security under the watchful eyes of sheriff deputies. Every ballot once counted will be stored in a tightly secured room after the recount is said and done. Still to be recounted, votes by mail on election day, like i said, deadline of 3 00 p. M. Thursday. We will complete the recount. Theres never been a deadline we dont make. The senate race very title. Senator bill nelson behind me and governor rick scott and the votes are. 15 and he spoke in the senate floor from an office in d. C. This process is about one thing, making sure that every legal ballot is counted and protecting the ride of every floridian. Reporter meanwhile in miamidade more populeous theyll make sure to make the count. Shepard no election has every been overturned with a margin this large by more than 17,000 votes. Now theres a senate runoff. The Republican Center<\/a> Cindy Hyde Smith<\/a> running for a full term under scrutiny for a comment she made putting the states troubled history of race and politics back in the spotlight. Her opponent is the Democrat Mike Espy<\/a> and served as agriculture secretary for president bill clinton and trying to become the states first black senator since reconstruction. Heres the comment causing the controversy. Its from the second of the month but just coming forward. Senator hydesmith was campaigning and how she described her loyalty to a supporter. The phrase, public hanging on the front row is especially loaded in the state of mississippi. The naacp said there were more than 700 lynchings in the United States<\/a> between 1882 and 1968 and more happened in mississippi than in any other state, about 18 in a state where the Current Population<\/a> is nearly 40 black. Senator hydesmith issued a statement that she didnt mean anything negative and an exaggerated expression of regard and added she will not speak of the incident again and has not. Trace gallagher reports on the state of the race. Reporter shepard, records show African American<\/a> women and teenagers were among those lynched and the naacp has come down hard on the comment calling it sick and going on to stay, quoting to envision this brutal and degenerate type of frame during a time when black people and jewish people and immigrant are still being targeted by while nationalists is hateful and hurtful. When hydesmiths component was first asked about the comment on cnn he deflected saying we need leaders to bring us together but later his campaign called hydesmiths comments reprehensible saying theres no place in our political discourse. In mississippi and our country we need leaders not dividers and her words shows she lacks the information and judgment to represent the people of our state. As for hydesmith, she accepted an endorsement from the national right to life president and asked repeatedly about her comment. We put out a statement yesterday and we stand by the statement. Can you expand why you said it and what you meant by it and why people in the state should not see it as offensive . We put out the statement yesterday and its available and we stand by that statement. Reporter that Statement Reads<\/a> quote, in a comment on november 2 i referred to accepting a speaking engagement and any attempt to turn it into a negative connotation is ridiculous and one person said the controversial comment could have been phrased better but meant no offense and has no ill will in her heart. Shepard in georgia, folks are still waiting to find out who their next governor will be. A federal judge last night ordered the state to wait until at least this friday, friday at least to certify any results. The democrat, stacy abrams, sueded for more time to get the votes counted. Shes fighting to become the states first black woman governor and its so close it could go to a runoff. Her opponent has declared victory. Were reporting live from atlanta. Reporter democrats are celebrating a series of federal Court Rulings<\/a> in their favor. Just today a judge blocked Elections Official<\/a> in guinet county because voters failed to write their birthday or got it wrong. It follows a separate ruling for a goodfaith review of provisional ballots for voters flagged because of issues with their voter registration. Brian kemp is a fraction of a point above the 50 flesh hold to win outright. Abrams hopes to get enough votes to force the race into a december 4 runoff. She needs to vet 12,000 votes with provisional ballots from democratic counties she can get part of the way there but brian kemps campaign doesnt believe theres enough ballots outstanding to bridge that gap even if she gets all the votes. Reporter they accuse abrams of using the courts to steal elections an the abrams camp accuses them of trying to suppress voters. Shepard ahead the latest on lawsuits involving the trump administration, cnn suing the white house over the suspension of the White House Co<\/a> correspondents press tab and the fight over one attorney general. Thats next. I am a family man. I am a techie dad. I believe the best technology should feel effortless. Like magic. At comcast, its my job to develop, apps and tools that simplify your experience. My name is mike, im in Product Development<\/a> at comcast. Were working to make things simple, easy and awesome. Shepard 25 minutes past the hour now. And new information coming to us a brand new instant happening today. President trump facing the first lawsuit over this temporary pick to run the Justice Department<\/a>. The state of maryland is asking the judge to declare Matthew Whitakers<\/a> appointment illegal. The president tapped him as the acting attorney general after Jeff Sessions<\/a> was forced to resign. The white house said the appointment is legal. Andrew napolitano has disagreed. Our correspondent Catherine Herridge<\/a> reports. Reporter it allows the president to make a temporary appointment. No question the president and the department of justice leadership has confidence in matt whitaker. He has a full and Legal Authority<\/a> under the vacancy reform act of 1998 where senior whos been where someone thats been a senior official can act as attorney general. Reporter theyre looking at whether he had the authority to make the department because whitaker was called a senior or principle officer. Yes, within certain limits. However, the question is whether he also qualifies under the constitution. Thats a closer call. Whenever you get something not settled youll always have this run of unintended consequences from it. Reporter and this morning the state of maryland filed these court papers challenging whitakers appointment as acting attorney general. The legal challenge comes as part of an existing obama care related lawsuit and heres the key quote, the appointment of whitaker as acting attorney general instead of Deputy Attorney<\/a> general rosenstein violates the succession act as well as the appointments clause of the constitution. The state of maryland is seeking an injunction in the case. Whitaker is consulting with ethics officials at the Justice Department<\/a> and we could get a legal opinion at some point today and the Justice Department<\/a> is declining to comment on the maryland suit for now. Shepard Catherine Herridge<\/a> report from washington. New today, the first lady is calling for a top security aide to be fired. Saying the aide no longer deserves the honor. Details in a moment. First, cnn is now suing President Trump<\/a> and members of his staff including bill schein after the white house yanked credentials from bill acosta saying tripping stripping his pass violates the right to right to press and they accuse jim acosta of acting unprofessionally. Reporter its a whoswho involved. Cnn and the chief White House Co<\/a>rrespondent jim acosta and they name President Trump<\/a> and john kelly and the deputy chief of staff and bill schein and sarah sanders, the United States<\/a> secret service and its director. It stems from the white houses decision to strip acosta from accessing white house grounds after last weeks press conference in which he question the president refusing to give up the microphone when approached by the intern. The aforementioned have infringed about his first and fifth amendment rights. They have also taken issue with the process. Heres an apart of the lawsuit, quote, defendants did not allow the plaintiff to be heard nor provided any avenue to challenge or appeal the revocation of his credentials. Rather, defendants state theyd do not plan to rescind the revocation of acostas credentials. They said cnn is grand standing and will fight the suit and quote, the First Amendment<\/a> is not served when a single reporter of more than 150 present attempts to monopolize the floor. If theres no check on this behavior it impedes the ability of the president and white house staff and members of the media to conduct business. By the way, the white house c e corresponde Correspondents Association<\/a> made a statement. Representing jim acosta is a bigtime lawyer in d. C. Shepard Melania Trump<\/a> is calling for the firing of a white house staffer. Reporter last month the first lady took her first solo trip to africa. There were reports the first lady was not happy with the National Security<\/a> adviser to the preside president , his deputy. The spokesperson for the first lady said ricardo should no longer be working in the white house. This the statement in full, its the position of the first lady ricardo no longer deserve the honor of serve white house. With all the speculation involving who might be leaving and who might be staying and theres a lot of it these days, normally the west wing will say theres no Personnel Announcements<\/a> at this time and youll know when the president has lost the confidence of someone. In this case, the office of the first lady has gone ahead and said the deputy to john bolton shouldnt be work at the white house. Shepard. Shepard d. C. Law makers are back in the white house and the first job is to avoid a partial government shutdown. There will be a showdown. Thats next. Man when the steel mill shut down, it left behind an environmental issue. Man 2 it was environmentally contaminated. One of the biggest successes we had early on was entering agreements with the epa on cleaning up the property. Man 3 were recycling over 98 of the products on site. Man 4 the impact that this project will have on the community will be enormous. face the world as a face to be reckoned with. Will be enormous. Only botox\u00ae cosmetic is fda approved to temporarily make moderate to severe frown lines, crows feet and forehead lines look better. Its a quick 10 minute cosmetic treatment given by a doctor to reduce those lines. Theres only one botox\u00ae cosmetic. Ask for it by name. The effects of botox\u00ae cosmetic, may spread hours to weeks after injection, causing serious symptoms. Alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be a sign of a lifethreatening condition. Do not receive botox\u00ae cosmetic if you have a skin infection. Side effects may include allergic reactions, injection site pain, headache, eyelid and eyebrow drooping and eyelid swelling. Tell your doctor about your medical history, muscle or nerve conditions and medications including botulinum toxins as these may increase the risk of serious side effects. Leave your mark on the world. Minimize its mark on you. Start saving at botoxcosmetic. Com shepard lawmakers returning to washington this week after midterm elections. Republicans added to the majority in the senate but the Current Congress<\/a> is still in power until the new one take over but not until next year. Our chief Congressional Correspondent<\/a> reports. Reporter republicans are expected to vote on their leadership and expected to continue with Mitch Mcconnell<\/a> as the majority leader. Senator john thune is expected to step up on the whip and theyll have a new senator of the Republican Congress<\/a> and theyll have a new chairman of the republican policy committee. Then iowas joni earnst will step in. Jim rich is expected to take over. Roger wickers is likely to lead the Commerce Committee<\/a> and oklahomas jim inhofe will chair the armed services. Theyre looking forward to getting to work. Its orientation day and we had a good meeting this morning with the leader. And we spoke about not only issues but Personnel Matters<\/a> and leadership matters. Reporter one race still to be determined is the senate seat and the incumbent is here and republican rick scott is expected to travel here later today. Scott hoping to be prepared if he is declared the winner. Shep. Shepard mike emanual reporting. Theres a test to avoid a government shutdown. Fox news senior producer reports. Reporter the house senate and President Trump<\/a> crafted bipartisan practices agreed to an interim problem to run Everything Else<\/a> through december 7 but they could face the shutdown then. The flash point, President Trump<\/a>s demand for a border wall. We intend on having a fullfledged discussion on how to complete the mission of securing our border and we will have a big fight about it. Reporter border wall money falls in the purview of the department of homeland security. Its one spending Area Congress<\/a> addressed with the bandaid. Imagine a pie with a little more than 1 trillion with medicare and medicaid they must agree to each year and slice the pie into 12 uneven pieces. The biggest wedge, more than 50 goes to the pentagon and the smallest sliver is under 5 billion. They approved five of the 10 spending bills leave en slices up to december and theres the dhs appropriation bill where the wall could be to the problem. If they dont agree on funding for the remaining seven appropriations the government will shutdown. Reporter heres another factor this year. Hurricanes. I suspect with the hurricanes recently with florence and michael were likely to see a lot of additional Disaster Assistance<\/a> when you see the devastation in the areas. Reporter what does congress do to help with Hurricane Relief<\/a> . Sometimes it creates a 13th or 14th slice of pie. Not from the existing pie mind you but from other pies somewhere. These pie slices are called supplemental spending bills and designed to cover natural disasters and war and terrorism. They might combined the disaster money with other spending measures. The fight could complicate lawmakers approving Hurricane Relief<\/a> or the need for hurricane disaster need could make the border wall battle easy as pie. Shepard look at the dow now. The overnight heres the reason this is of interest. Overnight all the signs were this was going to be a big day. All the trends were up. The Early Morning<\/a> numbers were great. The Early Morning<\/a> reality was good and then all of a sudden. We plunged more than 600 points yesterday but the big story monday was oil prices. Its a huge story today because the oil markets have closed for the day and the numbers are eyepopping and now historic. The Fox Business Networks<\/a> correspondent reporting. Reporter if you look you will see prices settling at 59, 69 per barrel. The steepest plunge in more than three years and worth noting 12 consecutive sessions down. The longest losing streak ever. Were clearly at a new 2018 low. Very much a reversal from the patterns we saw earlier this year when the u. S. Said it would reimpose sanctions on iran. We saw the prices get support. In the meantime, production never been stronger in the u. S. , in saudi arabia and russia and theres fear about over supply and thats part of what is pushing oil prices lower. Were seeing that show up in the stock market as well, shep. Shepard the stock market hasnt been able to decide what it thinks. Reporter and it looked like green on the screens after two days of very heavy selling for the dow. Three days of heavy selling on the s p 500 and now seems not surprisingly oil stocks are dragging hard. If you look at the dow which the viewers see chevron, texaco is one of the biggest losers and 27 of 29 oil stocks on the s p 500 lower today, shep. Shepard thank you very much. Deidre bolton report from new york. A possible ceasefire in the middle east to report today after the heaviest fighting between hamas and israel in years. We have a live report from near the border in israel and gaza. And the fired are erupting again in Southern California<\/a>. Live pictures from fox 11 for the southland. When the newscast began these were a few embers flaring at the bottom of the canyon and you remember the flames and the chinhook helicopters dropping and now neighborhoods are being evacuated at this moment. It was a 50acre blaze left over the Southern California<\/a> fire now Lake Sherwood<\/a> and Hidden Valley<\/a> areas are being evacuated urgently and cal fire is hard at work yet again. Endless shrimp is on at red lobster. For just fifteen ninetynine you get all the shrimp you want, any way you want them. And now savory parmesan shrimp scampi is back new sesameginger shrimp is here, too. But hurry in, endless shrimp ends november eighteenth. Oh oh ozempic\u00ae vo people with type 2 diabetes are excited about the potential of onceweekly ozempic\u00ae. In a study with ozempic\u00ae, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. Oh under seven . vo and you may lose weight. In the same oneyear study, adults lost on average up to 12 pounds. Oh up to 12 pounds . vo a twoyear study showed that ozempic\u00ae does not increase the risk of major cardiovascular events like heart attack, stroke, or death. Oh no increased risk . Ozempic\u00ae ozempic\u00ae should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. Do not share needles or pens. Dont reuse needles. Do not take ozempic\u00ae if you have a personal or Family History<\/a> of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic\u00ae. Stop taking ozempic\u00ae and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. Serious side effects may happen, including pancreatitis. Tell your doctor if you have Diabetic Retinopathy<\/a> or vision changes. Taking ozempic\u00ae with a sulfonylurea or insulin may increase the risk for low blood sugar. Common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. Some side effects can lead to dehydration, which may worsen kidney problems. I discovered the potential with ozempic\u00ae. Oh oh oh ozempic\u00ae vo ask your Healthcare Provider<\/a> if ozempic\u00ae is right for you. Always a catch. Like somehow you wind up getting less. But now that i book at hilton. Com, and i get all these great perks. I got to select my room from the floor plan. Very nice. I know, im good at picking stuff. Free wifi. Laptop by the pool is a bold choice. And the price match guarantee. How do you know all of this . Are you like some magical hilton fairy . Its just here on the hilton app. Just available to the public, so. Book at hilton. Com and get the hilton price match guarantee. If you find a lower rate, we match it and give you 25 off that stay. Shepard this is continuing coverage outside thousand oaks. Theres a couple areas in the hills that have not yet burned and the fire headed in that direction. It started out as almost nothing and as it grew in the very early stages they put aircraft after a craft over it and dropped chemicals an more and more chemicals and to try to put it out and its roared to life before our eyes. You can see the red glow coming and now some flames lapping over as they zoom in. The fires are coming up the hills but it looks like this side has already burned. A long and horrible fire season ahead and always keeping in mind in Northern California<\/a>, the list of the missing is still at more than 200. This one is in the l. A. Area evacuations underway. About 10 minutes before 1 00 in the afternoon on the west coast. Palestinian militant groups agreed to a ceasefire to stop the heaviest fighting between the two in years. So far there is no word on whether israel will also accept the deal. It has been arrange egypt. The violence triggered by a botched Israeli Undercover<\/a> raid in gaza sunday. Seven palestinians and an israeli officer reportedly died. Since the military reports mi militants have fired nearly 500 rockets and israel has hit nearly 200 targets across the gaza. Benjamin hall is near the israeligaza border. Reporter hi, shep. Were about a mile or so from the border and as you say theres been a ceasefire today. Its not clear who proposed it or accepted it. Let me show you where i am at the moment. Im in a town and people are furious not at hamas but at Benjamin Netanyahu<\/a> and his government. Theyre saying they wanted to see more action from the israeli government. They wanted to see them go in and get rid of this threat, 460 rockets have come over in the last couple of days. Many hitting here. Hundreds shut down by the system but not enough for the people here and the chant youre hearing now is resign. They feel its the duty of the government to protect them more and in gaza people are celebrating. They feel they have won a victory and have forced israel to back down. So the anger here now is felt towards Benjamin Netanyahu<\/a> and his government. This was near the brink of ware before egypt became involved and now here theyre burning tires and screaming. A ceasefire may be in place but tensions are high. Shepard wow, Benjamin Hall<\/a> reporting in the middle of it all in the town of sterat and the pictures kind of tell the story there. Cameras attract attention. There is a recording showing the link between the columnist death and the crown prince of saudi arabia. The New York Times<\/a> is saying they have a quote to tell your boss after the murder the mission was compete of khashoggi. They say it does not conclusively proved the prince was involved. Greg palkot report from london. Reporter it could be as close as a smoking gun as well get in the killing last month of khashoggi and members of the Saudi Hit Team<\/a> said to somebody on the phone in fact the deed was done. The two people on the conversation also were close advisors of the crown prince. They believe at the highest levels of the saudi Government People<\/a> new. Though saudis said they didnt hear that comment about the boss and the National Security<\/a> adviser john bolton said it doesnt seem to implicate the crown prince. Well see. The storys not over. Shepard greg palkot live tonight from london. Our reporting continues next. Shepard a major update out of the state of ohio. Investigators say they have now made four arrests in connection to the massacre of eight members of one family. It happened more than two years ago and we reported on it here extensively. The suspects are members of another family but there are lots of tieins. Matt thin reporting from our news hub. Reporter this is considered the largest Homicide Investigation<\/a> in hoe ohios history. Today ohio as attorney general announcing the suspects. The fourth family members were always considered suspects and their property was searched and they change third name and moved to las alaska. Seven family members and a fiancee all but one of the family members were shot in the head. Most were killed as they slept. The father of three People Killed<\/a> that day was shot nine times. He tried to fight back and his body was found more decomposed than all the others. The family had a marijuana growing operation and considered perhaps a motivation and ohio authorities have a press conference scheduled for any minute where we expect to learn more about the investigation, shep. Shepard reporting from our midwest news room. American bishops deciding what to do about the sex abuse in the Catholic Church<\/a> but do not expect major action because of an order straight from the pope. The catholic bishops are meeting in baltimore. They planned to vote on some proposals to address the crisis but as the meeting began yesterday pope francis told them to halt plans until february. Lauren greene reporting live from baltimore. Reporter the vatican upset the bishops plans on dealing with the sexabuse crisis but they want to move forward on a resolution. The committee are presenting proposals of their top concerns and code of conduct for bishops an protocols for restricting bishops removed or resigned due to the sexual abuse of minors guilty of negligence. Though there may not be a vote it may be better in the long run as they look ahead to the popes meeting in rome. Were going to vote on a sense of direction. Well vote to say, this is how we want to proceed and Cardinal Dinardo<\/a> were thauauthorizing t represent that. Reporter there were signs and many are angry the church seems more concerned about the church s structure than members. They need survivors to tell them the truth and instruct them on how to handle the situation. They need to not just listen but act on what we have to say. To not respond is to take the side of the abuser and enabler. Reporter all right. So i want to repeat, the goal now is to make sure theyre heard in rome in the meeting in february. Thats what theyre working on right now, shep. Lauren green reporting live. Should news break out well break in because breaking news changes everything on fox news channel. After the reporting well have a fox news update on Facebook Watch<\/a> and we have unique content that streams live on the Facebook Watch<\/a> home page in minutes from now. Once concluded it will be available online. The final bell is ringing on the dow is down on the session, oil down for a 12th straight session. The longest in history. Cavuto starts now. Lawmakers began arriving on capitol hill. Its a as the balance over leadership wages on. Welcome, everyone, and this is your world with neil cavuto. The power is moving to high gear as democrats and republicans prepare to pick their leaders. Who is in and who is out . Mike emanuel on capitol hill. Mike . Mike one race to watch, in the house. One newly elected republican says hes impressed by both. 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