department s findings can differ and eric holder s justice department now add midding hands up don t shoot never happened. why won t the mainstream media admit it was wrong. caution, you re about to enter the no spin zone. the factor begins right now. hi in for bill o reilly. let s get right to the top story. the growing controversy over hillary clinton s use of private e-mail accounts. yesterday, fox news learned that mrs. clinton created not one but multiple e-mail addresses under the private domain. clinton s aides insisted she used only one and it s still unclear how exactly those additional accounts were actually used, but their discovery is raising more questions about what mrs. clinton might be hiding from the american public. the state department is defending her use of private e-mail. as i said, there s no prohibition on using this kind of e-mail account as long as it s preserved. she had taken steps to preserve those records by providing the state department with the 55,000 pages. certainly, it sounds to me like that has been completed. really have any way of knowing if she provided everything unless you re taking her at her word for it correct? i think 55,000 is a pretty big number. with all due respect that s a ridiculous response. under federal regulation all e-mails sent on nongovernment accounts had to be preserved for the public record. abc news learned hillary clinton violated (uq department e-mail policy for all four years she served as secretary of state. a senior official tells us while mrs. clinton was secretary, state department employees were only allowed to use private e-mail. and until they did that they were in violation of the rules. mrs. clinton did not turn over e-mails until late last year nearly two years after she stepped down as secretary. were the actions more than just a violation of state department policy? is it possible she actually broke the law? joining me now, a conservative political law attorney and from los angeles a former speech writer for the senator joe biden. let s start with you, did she break law or policy? both. she broke both and she broke regulations. the federal records act in 1995 made it very clear in the statute that e-mails must be considered part of public records and all public records, all official records of government employees including the secretary of state are supposed to be preserved and the in government servers and government owned and preserved property. in 2009 the arc vis and records administration issued new regulations to all agencies saying this is precisely how you must preserve e-mails for anything that is done by a government employee on an unofficial e-mail account. so the state department policies mirrored the regulations in the statute. let s remember what hillary clinton did. when she became secretary of state she didn t apparently even establish an official e-mail account with her office. she set up a se ver in her home let me take that right there. for me, the most egregious thing wasn t just using a private e-mail account. it was the fact that she used previous servers within her home guaranteeing that she could dictate what becomes public record and what doesn t. yeah you know, this is such a manufactured scandal. just going by what you said in the beginning and then what she said, which is it might be this, it might be that. no, no. it wasn t a question of might be. matthew no eric she used private servers. not necessarily the e-mail accounts i have a problem with. it s the fact she controlled all the servers. that only matters to you if you have a preconceived notion of what you think of hilly. she released 55,000 e-mails or documents. if she has more, she should release all of them. them. we have seen jeb bush, co-lynn addresses and then they have to release those records. hillary has said she ll do the same thing. all this there is no evidence she had a well, you think well, eric, excuse me for one second. you re saying might have might have, might have. no. she definitely broke the policy. do you think that people weren t e-mailing her in those four years and didn t know she had a private e-mail address? of course they were. it was against the rules rñ there in lies the problem. when hillary clinton s aides are the ones who chose the 55,000 e-mails, we have yet another problem don t we? what i don t understand is wloi she did not turn over the entire server that was her private server. that s a repository for all of hillary clinton s e-mails. and that s what the government should have. i guarantee you there are more than 55,000 e-mails. look, i ve been dealing with the fact of the the problem of the missing lois learner e-mails. just to put something into context, there were 40,000 of them found by the irs and the treasury inspector general that covered less than a two-year period and communicating only with 80 people within the irs. that was 40,000 e-mails. so i think there were a lot more eñmails than 55,000 sure. sure. 55000 as the state department says, that s a lot of e-mails. yeahñ it surely is. more isn t relevant, all is relevant and we may never get all. we will nyer get all. hillary did say she was going to give overall the e-mails. she just saidñi it the other day. if there are more than let me ask you this. what about the obama administration. clearly there had to be e-mails going from hillary clinton s private e-mail to either the white house or president obama directly positively. every single one of those should have been saying, hey she s breaking protocol here. but other people have used private e-mail addresses, so it s not so uncommon for somebody to be one. at least part of the time. if but that s part of the problem. don t know that. eric, you guys are getting into? this is like mow a mad ali doing the rope a dope. it turns out that this is all conspiracy theory nonsense. i don t think the new york times i don t think the new york times is exactly a you guys right wing conspiracy. that s who broke this story. let s also be very clear. there were e-mails that were hacked. two years ago and published in 2013. we have no idea the classified information and that that may have been hacked and that is how we found out. the hacker group is the one that figured out hillary clinton is using only private e-mails. we have to leave it right there. next on the run down, how much damage is all this hillary clinton drama doing to the democratic party. esurance was born online. which means fewer costs, which saves money. their customer experience is virtually paperless which saves paper, which saves money. they have smart online tools so you only pay for what s right for you which saves money. they settle claims quickly which saves time, which saves money. they drive an all-hybrid claims fleet which saves gas, which saves money. they were born online, and built to save money, which means when they save, you save. because that s how it should work in the modern world. esurance. backed by allstate. click or call. are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr. the latest choice for frequent heartburn- and get nexium level protection. in the impact segment tonight, is hillary clinton damaging her party? it s long been assumed mrs. clinton will be the 2016 presidential nominee. after the discovery of her private e-mail accounts, not everyone in the party is on board. i ve known hillary clinton for 30 years. i think she is uniquelyunequal fied to run a campaign. this e-mail issue is such an unforced error that iá boggles the mind. this e-mail system was set up obviously to defy the freedom of information act. joining me now with reaction from austin texas, marjorie cliffton and here in studio, the founder of the accountability project. both guests by the way in this segment lean left. the democrats are starting to distance themselves from hillary clinton based on this latest scan al. you don t agree with that. well, what i would say is still there s a lot of unknowns. and she s been ready to put forth all the e-mails and anything in question. there s a legacy of other secretaries of state and a lot of pe who you know uniformly use private e-mail. christie has been quiet right now as have a lot of the other republican candida÷es on this particular issue. there s a lot of fear of, oh goodness, do we really know what the rules are. the benefit and the down sued of having a legacy candidate like hillary clinton is that s there s a lot of material to work with. we saw this with mitt romney. questions about his authenticity questions about financial records and taxes. there s going to be more of this to come. 20 months to go still to the elections. a lot with can happen. marjorie points out a lot of things. pieces of the puds l. the puzzle starting to add up here. travel-gate benghazi. it s now this. i have been afraid of challenging hillary as a feminist and a democrat. that is indicative of a problem. the problem with dynasties and running the same candidates over and over is that they seek to protect the institution and themselves more than the institution of democracy. part of that process is transparency. she s trying to avoid the freedom of information act that s dangerous. i don t care if everybody else is doing it it s not right. are you protecting the dynasty? no i wouldn t say that. look, i like if there were other fabulous democratic candidates that came forth, that would be interesting. hillary clinton as the democratic potential candidate has a seven to ten-point lead on every republican because the other democrats are afraid. it s harder to run a candidate who can raise the money and has institutional support than investing the next generation of leaders. how is she supposed to represent the future of the democratic party? we should be having these conversations instead. i appreciate your enthusiasm. i would love to see other young candidates come forth. i think republicans are dealing with much of the same. a lot of their potential candidates are also legacy candidates as well. mike huckabee, rick perry. i don t think it s going to be too much different on either side of the aisle this go ground. i think in terms of who we have right now, hillary s experience and her being is woman is a powerf thing. let s talk about that for a second. who benefits the most from this? is it elizabeth warrenñ joe biden. who s going to benefit from this? controversy is bad for a party as a whole because you want people to unify especially as you go into a presidential election. especially when the obstacles are raising millions and millions of dollars. i think that any primary candidates might benefit from this. i don t think elizabeth warren is going to run. what do you think? if the democrats want the first female present, is that upside for elizabeth warren all this controversy? well, i mean i think it s interesting because warren and biden and hillary have all worked together over the course of time. there is this respectful trying to figure out who can potentially win the ticket. hillary is still very, very popular. i think a bush clinton run off would be fascinating. if jeb bush could make it through the primary system. don t you think that don t you think that yet the latest scandal surrounding the clintons don t you think that s foder for the right. look how much does it take for you on the left to say enough is enough. there s probably three or four ago we could have said write her off. eric, i would say i haven t seen a presidential runoff ever that hasn t been skilled with some kind of scandal or energy around it. that s the name of the game. again the downside of not being a rising governor, a new person on the scene. if you ve been in politics long enough, there s going to be something that people are going to get excited about. how sticky this will be? i guess it s yet to be scene. the fact she did break at least policy and protocol and maybe the law. i think we re the settling. if this guy s doing it, it s okay to do it. it s not good for america. i agree with you. directly ahead, iran and the west coming closer to reaching a nuclear agreement. but is president obama giving our enemy too sweet a deal? that report next. kelley blue book. it s the trusted resource. and now, kbb.com has a whole new way to help you decide on your next new car by showing you what really matters. use 5-year cost to own to compare the long term cost of maintenance insurance and gas. read reviews. woman: gas milage is awesome. from actual owners and kelley blue book experts. and get the full picture on what it s like to own the cars you re considering kbb.com now with the xfinity tv go app, you can watch live tv anytime. it s never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. in the unresolved problems segment tonight is president obama conceding too much to iran in the nuclear negotiations? the supreme leader of iran tweeted that our ally israel should be annihilated. now iran is making a pathetic attempt to explain itself. we were able to find the tweet that he referred to from the supreme leader, quote, this bear bear rick, wolf like regime of israel has no cure but to be annihilated. can you understand why jews and others would not like that kind of language? no i won t because this is a regime. we re talking about netanyahu who has butchered innocent children in gaza. we re not talking about the annihilation of jews. is this a regime that america should be negotiating with? joining me now director of a global security foundation and from palm springs california, a former spokesman for severalñof america s u.n. ambassadors. that was the iranian foreign minister negotiating with john t )q)ry as we speak, this is a man who said he read the tweet saying israel should be annihilate annihilated. he didn t have a good response, did he? we can all agree we all want to stop iran from getting a nuclear bomb. that s a shared goal. the question is how best to get there. the negotiations that the united states and its allies are pursuing right now is the best path to get to iran stopping a bomb from iran and moving us in the right direction. the tom just took military action off the table. with his statement, he says things like and this is what all the liberals do. credible threat but we really don t want to go to war and we have the syria example and the ukraine example. this obama deal on iran is weaker than the u.n. deal. the u.n. said including russia and china in 2006 that all enrichment must stop. obama since then has taken this issue out of the security council, brought in the germans because they re extremely weak on this issue to get backing and has tried to come up with a deal that allows some enrichment. it s a teeshl deal and it s a very weak de(s and it s based on trust. we ve never been able to trust them. when they found things within iran, the inspectors were thrown out of the country. you can t trust these people. why should we start trusting them now? this is not based on trust. this deal will be inspected by international monitors and verification. but, tom tom two separate occasions international inspectors got close to seeing what they were up to, they didn t like it and they tossed them. over the last year, iran has been under what s called the interim deal. it has been working very well. oh, no, no no. all the aspects of that deal. you ll probably try to raise accusations that the deal hasn t been respected. those have been discredited. we just have to listen to the iranians. something no one s talking about here. why does iran need to enrich uranium for the energy sector? they can bring a barrel of oil out of the ground for about three or $4 a barrel and produce 3.2 million barrels a day. explain why they re so anxious to get their hands on nuclear. i would be the first to agree that iran does not need a nuclear power program, but it s their right to have one if they shop chose choose but only if they play by the rules. do we have the inspections it s too late. it s not too late. if we get a deal going forward, then we will have stronger inspections. &ook, again the whole idea hang on, tomñ i want to bring rick in. the whole idea that we re going to have inspectors that are going to somehow watch the iranians and keep them in check is not based in reality. let me tell you what they have reported. they ve already told us the interim deal is not working. you look at all the other areas where they re doing r&d that s not true. those are false accusations. what people those accusations you re the information you re talking about is past. it s wrong. it s out of date. tom, hang on. go ahead rick. the simple fact that the iaea is not allowed to go everywhere. when they are allowed to go in certain places and raise concerns, it s immediately dismissed by the left wingers who really just want to have a deal, any deal. and it s a dangerous that s not true. you re weaker than the u.n. you have to consider prime minister netanyahu did say this a bad deal is worse than any deal at all. rick and tom i have to leave it right there. thank you very much. plenty more ahead this evening. iraqi forces battling isis for control of a key city. but you won t believe which of our you can call me shallow. but, i have a wandering eye. i mean, come on. national gives me the control to choose any car in the aisle i want. i could choose you. or i could choose her if i like her more. and i do. oh, the silent treatment. real mature. so you wanna get out of here? 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[ laughs ] [ male announcer ] research, price, find. only cars.com helps you get the right car without all the drama. in the factor follow-up segment tonight, why isn t president obama doing more to defeat isis? right now, iraqi forces are battling isis for control of the city of tikrit. american forces are not helping the iraqis retake that town. instead iranian forces are fighting alongside the iraqis. so is america handing iraq to iran? here now with thoughts geraldo rivera. i cannot believe we re talking about ir9ans walking arms with iraqis. it is our fault. we have left the power vacuum. the president said his mission is to degrade and destroy isis, yet what are we doing. here s a major battle. this is the most major bagts oncing a dad was saved from isis s advance. this is a major city. this is saddam hussein s hometown. why isn t there an american general doing command and control? why is because the presideñt is lukewarm and tepid about this mission. if we were fully committed, we would have u.s. commanders, not iranian commanders he s married to the idea that al qaeda is on the run. he hasn t given up on that. i don t know why he is not sufficiently engaged. i do know that ground. i ve been in tikrit several times. i know mosul. i know that several things have to happen. first ofñall, command and control. you want the iranians out of the picture, put american generals is. why not? some people think it s outrageous. i don t. general david pe tray just. a four-star general who got the sunni tribes, he reversed our negative trend in iraq and did it brilliantly. why not pardon him of this baloney misdemeanor get him back there. let him direct an effort. because the obama administration pushed him out in they d have to admit they screwed up. let him be the bigger man. general allen who s also retired and has that job right now is a fine and competent military commander. but he needs the authority to take charge. you have to do several things. one of the things you have to do is get those sunni tribes on your side. the other thing, we have saudi arabia and jordan both of whom are saying, we want to defeat isis. put up or shut up. we appreciate the kind words. now if you want to put your soldiers on the line, let s see you go and fight. we have to vastly increase america s presence on the ground. we need spotters. we need air traffic controllers. on the area. when we declared war in iraq we had 100,000 in the first five weeks. 2,500 per day then versus about 12 or 13 per day now. i am baffled by the president s inaction in this this is a regard. this to me is the most glaring aside from the arab spring destabilization of the region that the president is clearly guilty of earlier. this is a policy failure that i just don t get. i don t understand how the president can tell the american people and i m not an ideological person. but if you re going to fight a war, you have to fight to win the war. i wap much more engagement. spot this casualness. if they are the sa vamvages we say isis is if they are the threat we say isis is then for goodness sakes why don t we fight to kill them. because he won t even call them islamic terrorists. why don t we tell turry, for example, you are with us or against i us. you close your border. stop buying the oil. stop funding isis in the middle east. why doesn t our air power destroy the oz pipelines running north? where is britain and france in all this, our dear allies, the prime source of many of these foreign extremist fighters? if we are going to have a war, then let s fight it to win. he doesn t want to fight it to win. as terror expandsñ president obama s saying no, it s not. it s under control or the threat is shrinking as john kerry said. all i know is the united states has vastly more power than we are applying to this very serious threat. and in the vacuum, iran will take over iraq, mark my that is scary. if they re fighting next to them and take these cities back i prefer iran i prefer iran to isis. i tell you that. i prefer neither. we re going to leave it right when we come back, even the doj now admitting hands up don t shoot never happened in the death of michael brown. apologizing for pushing that narrative? is this the year you spend more quality time with your dog? then you belong at bass pro shops for huge savings. like assorted dog toys for under $5 each. and bring in your dog this weekend for our free dog days family event. next. expected wait time: 55 minutes. your call is important to us. thank you for your patience. waiter! vo: in the nation, we know how it feels when you aren t treated like a priority. we do things differently. we ll take care of it. vo: we put members first. join the nation. thank you. nationwide is on your side [ male announcer ] when john huntsman was diagnosed with cancer, he didn t just vow to beat it. i vowed to eradicate it from the earth. so he founded huntsman cancer institute. everything about it would be different. it would feel different. look different. and fight cancer in new and different ways. with the largest genetic database on earth that combines 300 years of family histories with health records to treat, predict and in many cases, prevent, cancer. 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[ male announcer ] huntsman cancer institute is the only cancer hospital in the world designed by a patient, with the vital understanding that cancer moves fast. and we have to move faster. to learn more or support the cause, go to huntsmancancer.org. nobody told us to expect it. intercourse that s painful due to menopausal changes it s not likely to go away on its own. so let s do something about it. premarin vaginal cream can help it provides estrogens to help rebuild vaginal tissue and make intercourse more comfortable. premarin vaginal cream treats vaginal changes due to menopause and moderate-to-severe painful intercourse caused by these changes. don t use it if you ve had unusual bleeding breast or uterine cancer blood clots, liver problems, stroke or heart attack, are allergic to any of its ingredients or think you re pregnant. side effects may include headache pelvic pain, breast pain vaginal bleeding and vaginitis. estrogens may increase your chances of getting cancer of the uterus, strokes, blood clots or dementia so use it for the shortest time based on goals and risks. estrogen should not be used to prevent heart disease heart attack, stroke or dementia. ask your doctor about premarin vaginal cream. i m eric bolling. in the personal story segment tonight, the justice department s recent report on the ferguson, missouri police department concluded there is racial bias westbound the force. earlier today, the president weighed in. there are circumstances in which folks don t do a good job or worse are doing things that are really unlawful or unjust or unfair. and what happened in ferguson is not a complete aberration. it s not just a one-time thing. it s something that happens. but yt s also clear from the doj s report that officer darren wilson was not guilty of racial bias when he shot and killed michael brown and that hands up don t shoot is not an accurate representation of what happened on that day. so why isn t the media apologizing? joining me radio host richard fouler and executive director of the tea party.net. there it is, hands up, don t shoot. it wasn t exactly accurate. there are a couple cops in new york assassinated in their patrol cars by a guy who was at some of the protests and may have been using that slogan that apparently was never actually accurate. well, here s the thing. that slogan from mike brown s death and ñook at the evidence here. in the doj report they talk about how there s clear racial bias, there s racism in the ferguson police department. whether we like it or not, some of those things have spilt over into what became the mike brown case. it s not necessarily policing that s the problem. it s not the fact that he robbed a store. the problem is with bias and racism. when i go to manhattan and i can t catch a cab, that s bias and racism. the report did find there was bias within the department, however that didn t have anything to do with@j )(q) wilson s shooting and killing of michael brown. had nothing to do with it. in fact eric holder who jumped the gun along with his boss president obama who compared the ferguson situation to isis and to russia invading the ukraine and he did this before the united nations which was a thorough embarrassment, especially since they found no charges against darren wilson, they jumped the gun and helped create an atmosphere and set the stage. by the way, i think all three of us agre is a terrible tragedy that a young man would lose his life. if it was not racism it was not a question of police misconduct. having said that, for these leaders that were elected largely to bring this country together, i think history is going to show that this administration has been the most racially segregated administration since wood row wilson segregated the federal government. i know he hates eric holder even more than he hates the president and that s fine. and that s perfectly line. but let s talk about the facts here. this is the whole problem with the michael brown case. people look at michael brown in a vacuum. you have to see the larger problem when it comes to policing and the african-american and latino community. you have the case where the man was shot for no reason by a swat team. over and over again, we see police officers using excessive force when it comes to dealing with men of color. the truth of the matter is whether i m in a suit right now, but if we had hoodies on we could be suspected in new york city. we have a serious problem on our hands. and we only can solve it we all come to the table and talk about it. well richard, there s a point of agreement here. i don t know that we came to the same conclusion through the same path. i look at the problem in ferguson and other cities and municipalities across the country and i see a problem yet again of big government run amuck. and by the way, i discovered this you and i both have been to ferguson. i met with the mayor, the police chief. i met with black officials leadership and elected officials. what we found was that the law enforcement community had been turned into tax collectors. we came to this conclusion you re right. months ago. when you have a situation like that, you actually have two victims. one, law enforcement which would rather be pursuing serious crimes like rain and murder and property and theft and that type of thing as opposed to issuing mickey mouse nuisance fines and it creates an artificial tension, unnecessary tension between the police i hang on one second. al shp)pton on several occasions after the ferguon shooting used the hands up, don t shoot. he mentioned it on podiums and microphones. should he come back and apologize to the american people for using a term that frankly didn t apply? well i don t think he has to apologize at all. like i said hands up don t shoot just just like i can t breathe is alarmer slogan for a larger problem we have in this country. tomorrow will the celebration of the 50th an verse oi of the march in selma. so both i can t breathe and hand up don t shoot are a larger rally cry for a larger problem. fair enough. but should al sharpton and the likes apologize for using the term, the quote? absolutely. of course. not only should al sharpton apologize, but eric holder and the president of the united states should apologize as well. have to leave it there. up next do you know which fox news star gave out parking tickets and hob nobodied with big time rock stars in a former life? the answer when we come right back. [bell rings] you re not mr. craig. yeah, i m confused where s mr. craig? well, i m sorta mr. craig. we re both between 35 and 45 years old. we both like to save money on car insurance. and we re both really good at teaching people a lesson. um, let s go. cool. sit down! alright. sorta you, isn t you. only esurance has coveragemyway. it helps make sure you only pay for what s right for you not someone sorta like you. i think i blacked out from fear. did we ask him where mr. craig was? we did. esurance. backed by allstate. click or call. now with the xfinity tv go app, you can watch live tv anytime. it s never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. in the back of the book segment tonight, did you know that? tonight, o reilly profiles fox news senior meteorologist janice dean. there you are little janice being raised outside ottawa, the capital. what s the difference than being raised in usa? i guess not much. we did leaf ourleave our doors open at night. very good student? very good student. didn t misbehave like i did? not until maybe later high school. then you get into journalism school. carlton university very prestigious. you had to have good marks to get in there. and you dropped out. i dropped out within three or four months. why? because i heard i wasn t going to get on camera or do reports or report news until like fourth or fifth year. so you drop out and get a job as a cop. well, i actually during high school i worked at the bylaw officer. basically a bylaw officer is a job you take that the cops won t do. so dog calls, barking dogs, loud noise calls. all of those jobs nobody likes to see you near their car or near their dog. so you re kind of like a cop junior. i started as a dispatcher. and they all say to me i began my broadcasting career by doing that. where are you? right. m-64 on the loose. hunt club in the word greenburg. police career goes by the wayside and you become a deejay. i took radio television broadcasting. my professors there, my teachers were actually in the industry, so i was already networking when i got in there. right out of college i went to the local radio station 106 which is a classic rock station. 40 minutes of continuous classic rock on chez 106.1. i decided i wanted to be a deejay overnights and weekends and then was midday. what station do you listen to? 106. he s a good man. led zeppelin. uh-huh. i understand rod stewart actually sang you a song in person. i was in the audience doing a sound check. yeah. and he looked i was the only one there and he had to sing to somebody. so he sang to you. he sang to me. have i told you lately. uh-huh. you re bigger than he is, you know that? well, i m taller than he is. he s a little guy. you go through all of that and you finally get to new york city. uh-huh. to work for imus. yes. who s completely insane. but very successful man, imus. i agree. and for him i did two auditions. i was working in ottawa. and as a dare i applied for this job to work for imus as his entertainment reporter and to write the news for his news man charles. i did two auditions and i got the job. that is our little friend janice dean. what was the matter with you on friday by the way? i threw out my back. how did you what do you want to know? picking up your lunch pail? funny. you pig. no. i ve had enough of that. in the big time wfan radio. then how did you get to fox news channel? i was working part time at another station to supplement my income at wcbs here in new york as a local traffic reporter. i met a wonderful makeup artist there. she said you don t look very happy. what do you want to do with your life? i said i don t know. i just don t feel like i m in the right job. and she said give me your tape. i m going to bring it over to fox because i work over there as well. and she brought my tape over to fox who gave it to another makeup artist here. and somehow she gave my tape to the office and here i am. you know what i tell people you never know where your next job is going to come from. always treat people with respect and the way you would want to be treated. and that s how i got in here. they hire you here to do the weather. they needed a daytime weather person here so i went back to school. you went back to weather school. yes. and now you re a meteorologist here at fox news. all day wednesday it s going to be a mess. you also write childrens books. why do you do that? i do that to teach kids about weather. i think it s really important to teach kids at a young age why things happen in the atmosphere. weather can be scary but if you can sit down with your kids and talk about why weather happens with parents, with teachers, i think it takes the scare out of weather. i ve got three books now, the third one comes out in july. it s a hurricane book. and it talks about why things happen and how you can prepare in advance. okay. janice dean, everybody. did you know that. thank you. in a moment new revelations about hillary clinton right back with it. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com. finally tonight we leave you with details of some new revelations about hillary and bill clinton. as we mentioned yesterday while mrs. clinton was representing america as a top diplomat the clinton foundation was receiving millions of foreign dollars. but the foundation also received millions of dollars from big american companies that mrs. clinton helped. hillary and bubba will tell you the two are not related but you and i both know otherwise. according to the wall street journal secretary of state clinton arranged numerous sweetheart deals with foreign entities on behalf u.s. corporations. that s not necessarily a bad thing. but what happens next is. according to the wall street journal many of these companies followed their clinton broker deals with donations to the clinton foundation. consider this, mrs. clinton lobbied the algerian government for ge to build power plants after a multi-billion dollar deal was done ge donated heavily to the clinton foundation. then there s boeing which dropped $900,000 into the foundation after securing a $3.7 billion deal with russia. again, thanks to lobbying from clinton. in fact, at least 60 companies lobbied the state department during her tenure donated more than $26 million to the clinton foundation. the clintons nothing to see here act is offensive. they think the laws don t apply to them. they ve always thought they were bigger and better than you and me. and they never own up to anything. wake up america, this smells fishy because it probably is a rottingñwhale. and this is it for us tonight. thanks for watching. i m eric bolling in for bill o reilly. please remember the spin stops here because we r$sjjájjá$ @r(t&háhp &hc% for you. breaking tonight new questions about the future of the 2016 white house race following a week of bombshell headlines involving the most likely democratic nominee. welcome to the kelly file everyone, i m megyn kelly. all week long the white house and the state department have been hammered with questions about how former secretary of state hillary clinton seemingly flouted the law using a personal e-mail account to conduct all government business. leaving the american people to guess what she was doing on their behalf. secretary clinton doing no interviews. in fact, her only statement coming this week in the form of a 130-character tweet in which she called on the state department to release her you know, the ones that are
we did see the low 60s earlier, same thing for the south bay. about an hour ago, it was 60 in sunnydale. about 50 in half-moon bay. we did see some breezy conditions. still quite breezy in half-moon bay, 18 mile an hour gusts there. you can expect mostly clear skies, and tomorrow it will be a little warmer. the chance of rain will roll in late tomorrow through early saturday. also coming up, stunning new information about the lead investigator in the case of a double amputee olympian accused of murder. right now, there are? s threatening to derail the entire case. and new guidelines for the a s on hour their desire to move to san jose can be fulfilled. and just hours ago, funeral services held for the victim of a cop killer. an update on the deadly southern california revenge shooting spree. and severe weather ravaging the great plains. and severe weather ravaging the great plains. and now the first well, well, well. growing up, we didn t have u-verse. we couldn t record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that s all we watched. and we liked it! today s kids got it so good. [ male announcer ] get u-verse tv for just $19 a month for 1 year when you bundle tv and internet. rethink possible. when you bundle tv and internet. a developing story, the oscar p circumstances torius homicide case is taking a strange turn. the lead investigator is being replaced because of his own legal problems, this as the double-amputee track star was back in court for bail hearing. reporter: almost overshadowing the testimony of whether oscar pistorius should get bail, the embarrassing revelation that the lead investigator is being replaced. he s facing 7 charges of attempted murder himself, stemming from an incident in which he and two other police officers fired at a mini van full 067 people. the charges were initially dropped and reinstated. only yesterday, we were informed of the outcome of the investigation and they wanted to continue. reporter: the news raised questions about the detectives work on this days case, boda conceding he could not rule out pistorius s version of events, the athlete saying he fired through a bathroom door after mistaking his girlfriend for an intruder. the prosecution has been busy poking holes in that story, saying forensics don t back him up. rebecca steenkamp had just appeared on a modeling and reality show. her family is in shock. it s real and it s not real. reba is not supposed to be dead. she was going to be doing great things. still no reporter: still no decision on bail for pstorius. he s considered a considerable flight risk because he has a loft money and property in italy. jay kwon weighs in on a report that major league baseball has provided the oakland a s with a set of guidelines that have to be followed if the team will move to san jose. if this is true, it s bad news for oakland. what did the mayor have say? reporter: the mayor believes this is a rehash or a clarification of the old guidelines and partnerships out this task force has been added for major league baseball for 4 years now. bottom line, she says oakland is doing all it can to keep the a s and the key issues have not been changed. the giants oppose this. we have the ability to provide them with two great sites. i think the fans prove and that there s no question that these fans love this team. if you give them a good arena and halfway decent team, they ll be there with the a s. reporter: the mayor says the a a s fans proved this in the runup to the pennant praips. has she presented these plans to major league baseball? reporter: they will not give specifics on that right now. despite mayor kwon s positive outlook, san jose s team says move the team to san jose should be a good decision. reid says, we have the site, the economics are compelling, and eventually, it will happen. payor reid also says he speaks frequently with a ease owner allow wolfe. we want you know what you think about this story. already dozens of passionate comment. we ll be reading some in less than 10 minutes. funeral services were held for one of the victims gunned down by accused cop killer christopher dorner. hundreds of people today crowded into an amphitheater for his funeral. police say dour near killed himself during a fiery standoff at a mountain cabin. deputy mckay leaves behind a wife and two children. sunny skies over the bay bridge plaza all afternoon. as we get into the overnight hours, it will be slightly warmer tonight and warmer tomorrow afternoon. we ll have sunshine into the afternoon and then increasing clouds into the evening. there s a very slight chance of showers into saturday morning. sunday, we ll rebound, w some nicer conditions. let s look at satellite and radar picture. you can see cloud cover to the forth. we have a weak zurs to the north. we will see this slide down to the south as we head into tomorrow. we ll show you futurecast for what we can expect rain-wise. we ll have more 40-degree readings out the door, 44 in san francisco, 43 in richmonday, 42 for san rofael. still chilly in a number of places. we ll have times to warm into the low 60s. 62 in palo alto, 63 for campbell, and we ll be in the low 60s as well. same thing for our east bay shore, 64 forball nut creek, closer to the coast, even getting into the upper 50s. 56 there, 58 in san francisco, with widespread 60s through the forth bay. look at what s coming down from the nowrpt see some heavy rain by the 5:00 hour in yew reach can. that enwe start to see that increase in clouds for the evening. you notice rain approaching the delta. then it starts to dry up more to the south. we still see the cloud cover. we should get more snow in the sierra. let s look at your extended forecast, again, a slight chance of rain in the north bay for late friday, early saturday. we ll have this thing back and forth to where we have the systems going back to the north, sunshine on sunday, sunshine tuesday and so on. and are going to have pretty nice condition into the rest of next week. still ahead, some san francisco residents weighing in as president obama considers urging the u.s. supreme court to overturn california s ban on same-sex marriage. and a terrorist tip sheet on how to avoid drones. that s next. [ female announcer ] now get high speed internet at home on our newly expanded advanced digital network, a connection you can count on. at&t u-verse high speed internet offers more speed options, reliability and wi-fi hotspots than ever. call at&t now to get u-verse high speed internet for as little as $14.95 a month for 12 months with a one-year price guarantee. it s the fastest internet for the price. our newly expanded advanced digital network gives you more of what you enjoy online. and with at&t, our wireless gateway turns your home into a private wi-fi hotspot that connects your wi-fi devices and can even save on your smart phone data usage at home. so call now to get at&t u-verse high speed internet for just $14.95 a month for 12 months with a one-year price guarantee. that includes access on-the-go to our entire national wi-fi hotspot network, with over 30,000 hotspots. at&t u-verse high speed internet. now on our newly expanded advanced digital network, a connection your whole house can count on. this just in, a relatively small earthquake in the south bay. we are getting reports of a 3 preponderate 2 magnitude earthquake near morgan hill. it happened about 4 minutes before 5:00. it was about 6 miles east- northeast of morgan hill. if you want a specific location, a depth of 4.6 miles. again, a 4.2 mag tuesday we haven t received any calls of people who felt the shaking. however, if you did, please go ahead and call. we re also looking for pictures of any potential damage. we d love to see them. can you e-mail once breaking news breakingnews@kron.com. again, a 3.2 magnitude earthquake near morgan hill. we ll take a short break right now. be right back. secondhand smoke affects everyone s health. it s not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. 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. growing up, we didn t have u-verse. we couldn t record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that s all we watched. and we liked it! today s kids got it so good. [ male announcer ] get u-verse tv for just $19 a month for 1 year when you bundle tv and internet. rethink possible. coming up, we have incredible video to show you as deadly storms blast much of the u.s. and from iphones to iwatches, details on what could be apple s newest product, and airport security brings a young, disabled girl to tears. it was all caught on camera. but the tsa is what the tsa is now apologizing for next. you can t move the tv there. yuh-huh. we have a wireless receiver. listen. back in my day, there was no u-verse wireless receiver that let you move the tv away from the tv outlet. we can move it to the kitchen, the patio, the closet and almost anywhere. why would you want a tv in the closet? [ both laugh ] [ fancy voice ] brilliant idea, darling. [ female announcer ] the wireless receiver. get u-verse tv for just $19 a month for 1 year when you bundle tv and internet. rethink possible. when you bundle tv and internet. license and registration please. what s this? uhh, it s my geico insurance id card, sir. it s digital, uh, pretty cool right? maybe. you know why i pulled you over today? because i m a pig driving a convertible? tail light s out.. fix it. digital insurance id cards. just a click away with the geico mobile app. developing right now at 5, a deadly storm rumbling through the planes states. two people are dead in weather- related car accidents. people are warden to stay off the roadways. some airports are experiencing long delays, and looking at that video, you can see why. jan is tracking this monster storm. the map looks only naps. it is. it was really two storms merging together and becoming one. the biggest threat is the ice that s expect. there s also freezing rain from a number of places. we also look at the severe weather in the south. louisiana spanning into mississippi. we are seeing a severe thunderstorm warning starting. you can see the warnings, looks like it may have turned into a tornado warning. it has. that s the red on your screen. it has turned severe in that region, also flash flooding. now lets go up to the north where we have a lot of winter weather products issued. you can see the whole region blanketed with winter storm warnings and winter weather advisories. surface temperature is already at freezing. then you have this rain coming in on top of that. you can see the rain/snow mix that s falling right now. again, we have the ice accumulation. not going to see any snow accumulation although the snow is flying. you see the heavy rain where temperatures are freezing on the ground. freezing rain, ice accumulations a big danger. we re expecting flooding as well to the south. it s not going to be out of the area until saturday morning. we will show uh-uh how the weather is blasting 20 states. it s even snowing in the desert. you don t see this every day or any day for that matter, snow in tucson, arizona. st. louis officials are warning people to prepare for the worst. it s coming for w a vengeance. when it starts, it will cover up quickly. they say our visibility will go away. the important part is to hunker down somewhere. reporter: missouri s governor has declared a state of emergency. nights are canceled at airports across the midwest, leaving some people with an unplanned stay in a snowy state. our luggage is already in nashville. that s there, but we re not. reporter: about 60 million people across 650,000 scare miles are living under storm watches and warnings. scores of snowplows and salt trucks are ready to clear roads. the st. louis payor saying the snow is not the biggest threat. worst case see scenario, we ll have ice and power outages. the snow is cause, not surprisingly, delays at airports like kansas city, where some flyings have been canceled. united airlines is offering to change flight ahead of the storm. we want to show you some amazing videos of the storm on camera. look at that, lightning and thurnld during the morning snow. it s called thundersnow. lightning was also seen in springfield, missouri. you had sleet, freezing rain and in parts of oklahoma. it looks like hail pellets coming down. about 20 states battered by this storm. people are doing their shopping nonetheless. once were you done with the shopping, bust out the scraper. the huge storm even brought snoasm and gusty winds to the mountains of sapped yay go. that s not too typical, parked car and streets covered in snow, a huge, huge storm throughout much of the country. president barack obama is considering weighing in on same- sex marriage here in california. president obama is urging the u.s. supreme court to overturn the state s ban on gay marriage. crawford is in san francisco s castro district with reaction. reporter: we are in san francisco s castro district. they are following the issue very closely. the president has one week from today to decide whether or not to file a brief known as a friend of the court on his opinion on prop 8, whether it should be upheld or overturned. the rumor is he wants the justices to overturn prop 8 when the justices pick up the issue later this year. for a president to put his neck out on the line to give his opinion on such a r hot top wick joining me is will, your opinion on that. do you think your president should do that, or does he have other fish to fry? i think he s a busy person, probably one of the busiest we ve had in the presidency recently. there s a lot of things going on that should be worked on. he has a lot of people in place working on those. more importantly, it s of paramount importance to get the president s opinion in weighing in on things. i think it s important to have his opinion. reporter: what would you want his opinion to be? he should be in favor of any human rights issues. this comes down to a human rights issue. people have separated it out for too long. i think gay people are just like anybody else. reporter: 5 year ago, he was for civil unions but not gay marriage. now with society turning and the poll numbers have should be that, do you think he s sincere or bloat wind? that s forward for me to answer, because i do see him as sometimes caving in at the last minute to gain support. if that s what it takes for us, i m all for it, but i d rather he just took a stand. reporter: you can file a friend of the court brief yourself. but because it s the president, it does carry weight. those who want prop 8 to be upheld think the president should be concerned about other things and not give his opinion on this matter. more now on the earthquake we told you about a couple minutes ago, a 3.2 magnitude in the south bay. this is mo began hill. it was lo kited 6 miles east- northeast of mo began hill. this red star indicates where the earthquake was focused. that might be one of the reasons we re not hearing a lot of callers calling in. it is a very rural, mount nation area. probably not anyone lives where it was centered. if you did feel it, and if you do see any damage, we want tow send those pictures in. you can send them in a message on facebook or e-mail them to breakingnews@kron.com. this is about 6 miles east- northeast of morgan hill. pam? we have someone on the phone who did feel that quake, solinda shirley. you do live in morgan hill, is that correct? that s correct. what happened? i heard a big boom like someone shook my house. when i woke one there was no damage. uneventful so we re thankful opinion. are you new here or have you lived here for a while? all my life. so something you re used to. did anybody else call you and ask you f you felt it? none of my neighbors felt it. what was your reaction? i asked, is this an earthquake? i m pretty scared of earthquakes. how long did it last? just a moment. probably only about 2 seconds. solinda shirley, thank you for your observations about the quake that happened not too long ago at about 4:45. again, a 3.2 earthquake, not a big one but nonetheless, people did feel temperature. thank you for your time, ms. shirley. a new report shines a bright spot on the housing market. our financial expert breaks down all of the winners and losers on wall street. and airport security makes a young, disabled girl cry. what the tsa is now apologizing for. this could be the next big thing, a new social networking website and app that blend elements from facebook, twitter, tumblr, and instagram is turning heads. 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[ male announcer ] only from at&t. now for today s market update, a weak upkate on economic day da that sent stocks plummeting. more people are fight for unemployment benefits, sending the dow falling 71 points. the s&p500 closed more than s&p 500 closed down. here s the next big thing, called pheed. it s coming to the ann droid plat form soon. some tech analysts say pheed could be the next twitter. it launched only two months ago and has already climbed up the apple top charts top apps. it s sitting at number 1 in the social category, sure asking both twit and facebook. pheed combines elements of facebook, twitter, tumblr, youtube, and instagram. it s trying to combine the best elements into one ultimate social network. can you broadcast whatever you want, videos, or just audio clips. you can pose pictures or just text, and of course, make comments on anything you or anyone else has post. pheed is different in that it doesn t put any restriction on its media so video and audio can be as long as the user wants. that s a much different approach for video sharing whoarns are making restrict distraction on video length and photo size. miley cyrus and other teen celebrities are boosing the popularity of pheed. ride now, pheed is extremely popular with teenagers. teens are moving away from facebook and using other social networks. it s possible teenagers might make pheed the next facebook. i caught up with a pheed rep in l.a. and asked him how they re handling their oampt success and if they re surprised how the coveted teen demographic chose them as the place to be online. the power that a couple teens can have to make something go viral in way that we thought a celebrity with millions of twitter followers could have done, we never expected anything like this. temperatures were warmer out there. we saw low 60s here in a number of locations. it was 63 for nappa, 60 in richmond, 61 in concord, and 61 in antioch. we ll have more 40 degree reads, but still chilly in some spots. we ll see increases in clouds as the storm passestous the north. sunday, we ll rebound nicely. let s look behind the door for more. 53 in richmond, 72 in, san losal. as for our afternoon highs, still in the 60s. in fact, fairly widespread 60s tomorrow, same thing in valejo, concord, 62 in san jose, and in sunnyville. clear skies right now, but we do have a weak system passing us to the north. it does look like some of this cloud cover and rain will take a dive to the south. let s look on futurecast. here comes the cloud cover and the rain from the north. at 5:00 hour, it s still well north ofs by 8. and see, it s drying out as it moves down through the cloud cover. we will see a little snow overt see rare. let s look at the forecast for the see rare. partly cloudy tomorrow, a chance of snow into saturday morning. temperatures will take a dive on saturday, but they will rebound into sunday. temperatures are real nice tomorrow afternoon, cooling a few degrees on saturday. a chance of sprinkles in the north bay. we will rebound and stay mild. anytime now for a checkup on your ski report. we did pick up a few flurries at tahoe, sierra, and boreayl. a stunning document has been found in mal pirntion this is apparently a tip sheet for terrorists on how to avoid drones. it s advice for al-qaeda member and includes maps and poles to be used to cover up cars so they won t easily be spotted. the instructions on camouflaging cars includes 22 tips. they also say to use crowds and statue to use doll and statues to fool drones into thinking there are crowds of people with when there are not. we have new informs on the south bay earthquake we ve been telling you about, a 3.2 magnitude quake. it was centered here about 6 miles east-northeast of the colors that you see here are indicating people who have reported feeling the shaking on the usgs website. again, a 3.2 magnitude earthquake. some people felt it fairly far from the epicenter down here in santa cruz. we will continue to follow this story. if you happened to feel it, we would love to hear from you in our newsroom. breaking news you can e-mail us at breakingnews@kron.com. we have more coming up. i m here with dr. cynthia crowder. we have a new laser technology. doctor, great to have you on. how does the new technology work? we re using a specialized form of light to get directly to the fat cell, stimulating them to release their contents. the fats then shrink and so do you. how disease this compare to liposuction or laser lie pow? those are invasive techniques. they destroy the fat cell or suck them out. this doesn t do that, it causes them to shrink. but why not suck them out? you want them out of your body. well, your body is often genetically encoded to have a krern amount of fat by the time you hit puberty. if you suck them out, fat will often show up in place where is you don t want it. and what are the results? we re seeing 1 to 2-inches come aufg the waist, 9 to 21 over a series. and it seems it s so hard to lose weight. why is that? we live in a toxic environment. mote most toxins get stuck in the area where is we don t want that weight. so it sounds like you re able to lose the toxin, lose the fat with this prix your. that s right. they call them stubborn areas for a reason. what can people do for more information? we came one a special offer just for your kron4 viewers. between now and saturday, february 15, positive changes is offering a free evaluation and body sculpting treatment. this statement is sponsored by positive changes. this crying 4-year-old is proving embarrassing for the tsa. tsa officials are apologizing to her family for an incident at a missouri airport. agent wanted to pat down that little girl who uses a wheal chair, and she was sobbing. the writing you see is something the family had posted online. lucy forks father says his daughter pass has spina bifida and agents went too far. it s because she was in a wheelchair, they had to be a pat grn down. we weren t trying to be combative, but we were trying to set clear boundaries about what was and was not appropriate as far as someone touching our child. the tsa says it s not true when an agent said the mother was not loud too to videotape. the tsa says it s committed to maintaining security and treating all passengers with dignity and respect. more details about that earthquake in the south bay. it was a 3.2 magnitude quake, centered about 6 miles northeast of morgan hill. we ll have more on the kron4 news at 6, which is ahead. i know. i know i need to quit this. - well, how about. - that smokers helpline? yeah, they can give me a plan. - help me through the rough spots. - so you re ready to. ? everyone wants me to quit my doctor, my wife, the dog. - not good for the dog. - anyone else? hmm? what? anyone else want you to quit? me! i want me to quit. tdd# 800-933-4833 - ( rings ) - woman: smokers helpline. oh, hi, it s me. through sunday, save up to $500 on beautyrest and posturepedic.e savings go on at sleep train. get a sealy queen set for just $399. even get 3 years interest-free financing on tempur-pedic. plus, free delivery, set-up, and removal of your old set. keep more presidents in your wallet. sleep train s presidents day sale ends sunday. superior service, best selection, lowest price, guaranteed. sleep train your ticket to a better night s sleep am i don t know. any medications? last immunization shots? really? honey, what s my blood pressure medicine called? one time i took something and i blew up like a puffer fish. i m probably allergic to that. at kaiser permanente, your medical information is available to you and your doctors. quickly. securely. no guesswork required. better information. better care. kaiserpermanente. thrive. some students at city college taking over a campus building as the school stands in limbo over its accreditation. and see we speak to a witness at the scene where a work work on a bay bridge collapsed. tonight, we continue to follow a developing story, a crane collapsed while in use for work on the new eastern span of the bay bridge. this is video from our hell corps partnership with abc7 news. kron4 s just teen what woulden is live from treasure island. she talked with a witness who saw the entire thing unfold. reporter: the investigation is underway to figure out why this crane collapsed. it was a miss. let s show you a live picture of whoo it looks like now that the sun has set and they ve removed most of the metal, you want to focus object yellow structure on the bottom of your screen. as we show you video, taken moments aftd crane collapse, i ll explain to you what happened today. cranes were working on a barge on the bridge. they were removing the temporary supports that are under the bridge. this is a suspended bridge, and those supports are holding up the bridge during construction. i m told one of the cranes tipped over, and the steel fell can w such force it punctured the barge. one man that works here saw the whole thing. i heard a ping noise and a crashing noise. i looked over and saw the support they had just cut out started to swing. the jig was swinging around a bit. and the crane that was holding the jig up started to go too. reporter: you re looking at pictures sent to kron4 from another witness. he said he also e heard a loud boom and got out his camera saying he had to capture the moment. the bridge crews have all removed that metal structure, that mangled mess. coming back live to the scene so you can see the situation, ki tell you that no one was hurt, because no one was on that barge. and for drivers, using the bay bridge today and also tomorrow will not be a problem. this crane collapse did not affect the commute. and it will not affect the opening of the span set for labor day. and now for a closer look at the crane, you can see it under the bathroom. we ll fly you in for a closer look. this is courtesy of our helicopter partnership with abc7 news. the crane is on its side and will extend to the right. you can see how far it goes onto another barge. back to the base of the grain, these are counterweights. the the crane was removing this temporary structure from under the deck of the new eastern span. only a portion of the crane went into the day bai. dozens of students are occupying a building at san francisco city community college. they say they are trying to save the school. list are on the scene at the ocean campus. kron4 s jeff bush is also there. he s live tonight. jeff, has there been any arrests? no, there have not been any arrests. right now, things seem peace p. you can see there are about 30 to 40 students. let s take some video we shot and you ll see what we are talking about. we want to talk to the chapts horror but. we re having some problems with jeff s audio live at the spean jeff, can you usto get back to jeff. again, some students have occupied a building on the campus of san francisco city college that s trying to stay open with problems with this accreditation. the days are numbered for the largest homeless encampment in san jose. there are now more than 100 campers in some 70 tents and makeshift shelters spread out over a couple of acres. respond dog pressure from neighbors fed up with rising crime and trash and unsanitary condition in the area, city hall has announced it will evict the campers. the thing is we first address the concerns of our constituents and hope deploy move people into more stable and appropriate living situation. ideally, we are able to find housing solutions. we are limited in that right now, but we re working with key partners, destination home, which say regional effort. we areworking on a housing 1,000 campaign. we have emergency shelter beds open as well. so we re trying to move people out of the cold where where they can get at least one meal and have access to services. the exact date for the eviction and cleanup has not been made public. the campus will get 72 hours notice. an update on the earthquake we have been telling you about for the past hour or so. this is morgan hill, the earthquake s epicenter was about 3.3 miles east. a few people have been calling us and saying they felt the earthquake. it was about 4.6 miles deep. maybe the reason people did not feel it baa s because of how rural and remote this area is. the population in the south bay is centered here. if you did happen to feel it, we would love to hear from you here. and enough pictures o of any damage, we would love see that as well. you can message us on facebook ore mail us. why we will continue to follow the earthquake here. pam? developing, a search for human remaps associated with the speed freak killers is over. fbi amendments say they were unable to find human remains of any victims in the case. j.r. stone is following the story. he joins us live tonight from the fbi s sacramento headquarters. j.r.? reporter: the search is done, and it doesn t look like there will be any new serchls any time soon. despite our intentions of recovering remains of alleged victim, the earth failed to locate any human remains. reporter: and with that, the effort to find any remains associated with the speed freak killers came to a close. the well was located 95 feet below grown level, which was excavated, sifted, and examine med. reporter: cattle remains were recovered, but nothing human. wesley shermantine has indicated several sites, and human bones were found in two locations, but nothing in this most recent dpipg. i m disappointed, but not because of the work and cost. there s no dollar amount you can put on what these families are thinking. reporter: shermantine wrote at least one letter, saying the fbi was digging in the wrong spot, something agents say is just not true. i will tell you this, i stotted right where shermantine said. and he told us with 70% certainty, he dumped bodies in a well at this location. reporter: those with the fbi did try to set up a meeting on tuesday, but say he refused to meet with them. live in sacramento, j.r. stone, kron4 news. it was certainly a nice day today. temperatures ran into the low 60 this is number of places. it was 60 in san rossel and richmonday. we hit 64 in santa rosa, 63 in nappa, 62 in valejo and fairfield. 5 in richmond, a little cooler close tore the coastline. temperatures didn t warm that much there. we will stay warmer through the overnight hour. we will still see chilly conditions for our coolest inland valleys. tomorrow, we ll see temperatures a little bit warmer than today. we could get a little bit of rain out of it in the forth bay. we ll have cooler temperatures into sadded. we will rebound into sunday. we will take a look at your weekend temperatures coming up in a bit. the oakland a s are not packing your bags just yet. but the possibility of the team moving south is becoming more of a reality. a deadly shooting on the las vegas strip. we have the startling video. and the late e-on drew peterson, and his attorneys latest attempt to get a retrial on his murder conviction. mom, i invited justin over for lunch. good. no, not good. he s a vegetarian and he s going to be here in 20 minutes! [ mom ] don t stress. we can figure this out. [ male announcer ] get the speed to make a great first impression. call today to get u-verse high speed internet for as little as $14.95 a month for 12 months with a one-year price guarantee. this is delicious. [ male announcer ] save the day in an instant. at&t. on on kron4, oakland mayor ji kwon weighing in on a report that the oakland a s are given a guideline of what they must fulfill. i m sure the oakland mayor is not happy. reporter: the mayors have different interpretations of this news. mayor kwon suspects nothing has really chaped. she says the giants still oppose the plan, which is key, since they have territorial right, and the mayor says the fanbase is narrower in her city. she says if lou olson isn t willing ider okayland, o s are. what really matters is whether or not we can improvement attendance at the games for the league. we can provide a stadium at two different locations, and if we re going to do that, the league has to look at that. people have made offers and are making offers to step in if they don t want to stay in oakland. it s not unlike what s happening in sacramento. there s a group of people with enough money and the ability to build a new stadium that want the a s to stay. reporter: the two site include the howard terminal site and the coliseum city site in east oakland. city officials say both sites have been presented as potential sites, but there s no formal beadback from major league baseball. despite mayor kwo n s positive outlook, san jose s mayor quinn reid says it s a question of when it will happen. reid says we have the site, the economics are compelling, and evenly, it will happen. mayor reid says he speaks frequently with lou woll. developing news we first brought you at 5:00 tonight, police are searching for a black range rover sport suv which fled the scene of a deadly las vegas shooting. 4 people were killed, at least 6 others were hurt. one of the victims killed is an oakland rap e. you can see how badly this crash and incident napped las vegas. police say the shooting started after an argument in the valet area of the aria resort hotel. it happened at a famous intersection in las vegas which is home to can sea nose like bel gaseous io, ceasar s palace. someone opened fire on a mazeratti, which then ran a red light and crashed into a tax say. the taxi then burst into flames, killing the drive and a passenger inside. a judge has sentenced drew peterson to 38 gleers prison for the murder of these third wife. the swagger chicago policeman gained national attention after his fourth wife vanished in 2007. the body of his third wife was found in the home bathtub and had a gash on her had. he shocked the courtroom by shouting at one point dwib not kill kathleen. the judge denied a request for a new trial. a growing majority of americans believe it s time for same-sex marriage. laura busch has voiced support of same-sex marriage, but doesn t want her voice or image used in that ad. a group of people were killed when a small plane hit a utility pole. 2 people were hurt. an augusta surgeon was identified as one of the victim. one of the plane s wings was cut off when it collided with the pole, causing it to leak fuel. changes are coming ton and saturday morning. we ll see enough sunshine for temperatures to reach the low 60s again. we ll have a of showers friday evening into early saturday morning. we ll rebound back into sunday. he s what you can expect out the door tomorrow morning. more 40 degree readings, still cold in place like santa rosa. 39 out in concord, 35 in livermore. the afternoon will brick us 60 degree readings. 60 in freemont, and 63 in san francisco. we are seeing mostly clear skies, but a little cloud cover coming in from the north. that could cloud cover can be a big wildcard. if we do see more cloud cover, those temperatures in the north bay that are at freezing will not be close to freezing. you can see if is kind of edging down toward the area. again kind of a wildcard. no cloud cover tomorrow morning into 10. it s edging toward the north bay why 8:00. that s when it starts rolling in. look at that rain cell pushing toward the delta. we could pick up maybe an inch of accumulated snow, but it will be very potty. partly cloudy through norm. notice temperatures take a dive into saturday, but they will rebound into sunday. we do have that/slight chance of showers friday night into saturday morning. other than that, no rain in the forecast. just kind of an up and down mix of rain and clouds and sun. increasing chances that the fish you buy in a market or order from a restaurant may not be the fish you think. detail on the fish fraud. a developing story tonight, a new study by the environmental advocacy group found a third of the seafood we buy is mislabeled. the group elected more than 1200 seafood from stores. from dna testing, the group found most commonly mislabeled fish was snapper. it mostly turned tout be rock fish or tilapia. tuna had the next-highest rate of mislabeling. coming up, a colorado family survives an avalanche. the dramatic rescue ahead. [ female announcer ] now get high speed internet at home on our newly expanded advanced digital network, a connection you can count on. at&t u-verse high speed internet offers more speed options, reliability and wi-fi hotspots than ever. call at&t now to get u-verse high speed internet for as little as $14.95 a month for 12 months with a one-year price guarantee. it s the fastest internet for the price. our newly expanded advanced digital network gives you more of what you enjoy online. and with at&t, our wireless gateway turns your home into a private wi-fi hotspot that connects your wi-fi devices and can even save on your smart phone data usage at home. so call now to get at&t u-verse high speed internet for just $14.95 a month for 12 months with a one-year price guarantee. that includes access on-the-go to our entire national wi-fi hotspot network, with over 30,000 hotspots. at&t u-verse high speed internet. now on our newly expanded advanced digital network, a connection your whole house can count on. 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. take a look at this, an avenue lamp at a ski resort in colorado. everybody got out okay, including a father and his two sons who were on the mountain when the slide hit. all of a sudden, i heard a boom. i saw the wall coming towards me. i was skiing across the rock, trying to get away. i kept seeing darkness, then someone darkness, then sun. then it filled my mouth and my throat. when i finally woke up, there was a foot and a half to two feet of snow over my face, and i began to dig. they escaped with a few bump and bruises. 15 people were caught up in this slide, and a few people buried over their heads, but everyone got out okay. stay with us, more news after the break. well, well, well. growing up, we didn t have u-verse. we couldn t record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that s all we watched. and we liked it! today s kids got it so good. [ male announcer ] get u-verse tv for just $19 a month for 1 year when you bundle tv and internet. rethink possible. an investigation is underway to fine out why a crane collapsed. let show you the scene. you want to focus on that yellow metal, that s the base of the crane. here s what we know happened. cranes were yoog used to remove the temporary supports from under the bridge when one of them tipped over. that steel fell with such force that it punctured the barge. witnesses said it sounded very loud and they heard yelling and screaming. so you should know that drives are not affected by this investigation and the crane collapse. that also will not affect the opening of the eastern span of the bay bridge. on treasure island, i m just teen walden. students have been protesting all day, and later in the afternoon, they came here to the administration building of conlin hall which closed officially at 5:30. police have been monitoring the situation situation 5:30 and moving in and keeping a close eye on the students and teachers that are protesting. these people say they re willing to risk arrest, and the only thing they want to do is talk to the chancellor at the college. in sacramento, the fbi says the search for human remains in the speed freak serial killer case is over. they ve spent the last six weeks searching an abandoned well site in lyndon, california, but did not fine any remains. here at the ben krirks ia cemetery, family and friends said their final good-byes to 13-year-old zwrrks anelle couldn tway-allen who was killed on february 2. she was a wonderful, honest, energetic child. this is not to say a good- bye, this is a homecoming. she s going to be with the lord. here? san jose, the city continues to grapple with a growing homeless encampment. the 100 or so with l be evicted and the site cleaned up. we re worried about the safety of the neighborhood, the environment and people that are living outside and having to ebb dure this really, really cold wenter. gas prices have been on the rise for more than a month, and here in the bay area, the average has increased almost 50 cents since january, and it seems like it s going up on a daily basis. although that hasn t stopped some drivers from fill up, they say they are feeling the difference. coming up, i ll tell you why aaaa believes these numbers continue to skyrocket and a breakdown of how much it s jumped in only a week. in san francisco, lucy reid. in oakland, mayor jane kwon remains optimistic she can keep the a s in her city, despite the fact that major league baseball has dpifn the team good gin lines that they must follow if the owners are continuing to move the team to san jose. with you the mayor says they have two proposed site withs, the fan base, and have proved to baseball that the a s should stay put. san jose mayor chuck reid says it s a question of when they will move. charges are filed against two employees stemming from the salmonella outbreak that will kilned 8 people and left hundreds sick. the charges include conspiracy, wire fraud, eastern charges related to contaminated or mis- branded food. named in the federal indictment was the campaign s owner, vice president, plant manager, and quality assurance manager. the company has since gone bankrupt. i ve been telling you how it s going to be a little warmer tomorrow morning. i ve actually upped temperatures in the north bay, santa rosa, and nappa. we are seeing some high clouds moving in on satellite and radar. we ll be the b in the 40s everywhere else. take a look at satellite and radar picture. here comes some of that high cloud coverage. high clouds don t provide enough information. you can see these clouds will continue to come down from the north, and even some rain possibly into tomorrow night. we re going to be saying that until 8:00 tomorrow evening. the chance of rain will be from late friday until early saturday morning. on saturday, we ll see some temperatures with cooler temperatures. we ll keep things pretty mild through the extended forecast. standing at attention with a salute to their family, friends, and comrades, the members of the 502nd military intelligence combat baaalalon returned home after spending nearly a year in afghanistan. they had been waiting 9 months for this moment where they can break ranks and fall into the arms of their families. my mom and my clan. when i leapt to him, he s a year and a half. that weight has been lifted. i m bursting with joy and thankfulness. we are elated to be together as a family. they said they have been waying for this moment for months. coming up, there s a new tool to help fight blight in one east bay community. i ll show you where it is in the next edition of people behaving badly. well, well, well. growing up, we didn t have u-verse. we couldn t record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that s all we watched. and we liked it! today s kids got it so good. [ male announcer ] get u-verse tv for just $19 a month for 1 year when you bundle tv and internet. rethink possible. this is a macon resident that s tired of vacant homes. it has less to do with them being vacant, it has more to do what happens when they are stray can. for example, this apartment complex is unoccupied. there are about 3 holes in the gate, and a dog dog to keep people out. but outside the gate, it s become ab illegal dump site. a few blocks away, this house is all boarded up so no one can enter and strip the home. but to gap the steps, yet another illegal dump site. next door, yet another vacant apartment. this is exactly why the city of richmond recently passed an ordinance requiring vacant property owners to register the property with the city, so the city of richmonday of richmond will no who to contact. this property is considered unsafe, but someone kicked the door in and moved in. outside, this couch. couches seem to be the dump material of choice. this o ordinance will cut down on belying with and blight is what make your neighborhood look bad. this house has been sold, meaning there is hope for some of these stray didn t dwellings. but before there is hope, there needs to be help. holding property owners responsible is the help. in richmond, stanley roberts, kron4 news. just 86 days away from this year s bay to break ers. kron4 is proud to be part of san francisco s original event. kron4 will bring you the race from start to finish and all of the crazy costumes in between. the warriors trade two players from their 2011 draft. dpairry has details straight ahead. plus, alex smith news. if the niners cannot trade him, what next? kerry has that story and all the sports coming up. 49ers offseason talk, first and foremost, what will happen to al education smith? kaepernick is the man, but hey, the 49ers are talking about. oh, look at jim harbaugh. loved him until they got someone better. but you heard talk about how the 49ers will not going give him away or grant him his wish where he can be a starter. a very high-placed source is saying we are not going give smith away. here s another guy who you figure is not coming back, statistically didn t come through this season. read between the lines. you think moss is coming back? here s the general manager of the 49ers. we call him tv, trent voche. can t say enough good thing about randy. you ask anyone in our organization, they would say the same thing. one of the first guys to work every day, one of the la to leave. probably the smartest football player i ve been around and a real leader in that group, in that room. we re certainly happy that he was there. is he going trowrn this year? i don t know. i would rather have my kron treatment here. we don t care for gary. he acts like a turkey sometimes, he s not the best, but he s good. the warriors did get rid of two-thirds of their 2011 draft. clay thompson is still here. one of the fellows gone is chias jen kin, just no room for him. jeremy tyler, 6-foot 10 forward, left high school at age 16 to play overseas. good luck to him now. and taste. the air yours also get under the nba s luxury tax, so they save money and get rid two of young guys who it remains to be seen. some guys lose their hair, i m still pumping mine. and it s not a wig. not yet. and i got to say this for you since you attacked me for it. i got on kron at 5:20 when i heard about the quake. i was concerned for you. not for your safety, but how much they make you try and scare people for the next two hours. i thought it was going to be wall to wall. somebody s china fell off, stay in your homes and watch kron. but no, the woman opened to you in where? morgan hill. and it was, nope, no problem. bring the end, you were like, please, anything? effect was fine, right? we have to hear from the people that were there. and a special memorial for the late laker owner jerry buss at the north america can theater. jeannie buss and her fee san say joe jackson. all the lives that buss has touched, shaq won 3 titles for mr. buss. let s hear from shaquile o neal and madgic johnson. he gave me everything inwanted. i wanted an education tension, he gave it to me. i wanted a second extypings, he gave it to me. i wanted a third extension, he traded me. [ laughter ] this is a celebration of life. this is a celebration of success. we shouldn t be sad. we should be happy that this man enjoyed his life and did it his way. real whole thing today. danica, danica, and more danica. she holds the pole position for daytona 500. here we go. harvick taking the checkered flag. he played it safe, finishing 17th in this event. danica, her car in one piece, just playing it cool, waiting for sunday. just trying to stay out of trouble for that last few laps. not a lot of fun to drop back light that, but it s the right thing to do. it s more important to start on the pole for the a daytona 500 than to get the last few lap of chaos. the snow went away, allowing tiger woods to play some golf this afternoon. just outside tempe, arizona. the grounds crew clearing snow off the course, and we re ready to go with woods. this is one of those match play keel deals that you have to have tiger in to hold anybody s interest. and then on the 16th hole, he 2 putted. then on 17, charles howe beat woods for the first time in his career. rory mcilroy also lost his match. the top two vids gone. when warm it s time for katherine henenan who promises to get in my face tonight. you ready, katherine? iget in your face. we re back in a moment. [ female announcer ] this is a special message from at&t. [ male announcer ] it s no secret that the price of things just keeps going up. [ female announcer ] but we have some good news. it s our bundle price promise. [ male announcer ] a price you can definitely count on for two whole years. from at&t. call to get u-verse tv starting at just $19 a month with our triple-play bundle. get the same great price for two years. plus now two times the internet speed than before. [ female announcer ] switch today and get a total home dvr included for life. [ male announcer ] you get reliable high-speed internet on our advanced digital network. choose from speeds up to 24 megs. [ female announcer ] and with u-verse tv, you can record four shows at once on your total home dvr and play them back in any room. 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[ male announcer ] only from at&t. through sunday, save up to $500 on beautyrest and posturepedic.e savings go on at sleep train. get a sealy queen set for just $399. even get 3 years interest-free financing on tempur-pedic. plus, free delivery, set-up, and removal of your old set. keep more presidents in your wallet. sleep train s presidents day sale ends sunday. superior service, best selection, lowest price, guaranteed. sleep train your ticket to a better night s sleep we love when catherine is here. i always check to see how i look. did i miss something? can i admit something? i ve never been in love with a woman taller than me. but you are taller than me. but that doesn t come off, because my torso is immediate yolker. that s why when i look at the tape. that s okay, i m looking in the monitor. and i m sitting on top of tom tom. what do you have there? if giants win a third companionship in 4 years, when we talk about them the way we talked about the great 49er team light in the 80s and 90s. i think so. they have likable personalities. people thaw know. and that s why this year s 49er team, people felt bad, but it wasn t like montana and young and rodney lock lost the game. these guys were still getting to know them. we know lincecum. we know buster. we know kade. last year, the a s had their most memorable season in a decade. any chance they can do it again? i wouldn t put anything past them. they were great. the angels may have the most potent lineup in baseball. trout, hamilton, and pujols, and texas texas has a fabulous lineup. i would be surprised if the a s did what they did last year. and danica patrick, she s had like 1 win in 180 start. why all the hoopla? because she s the fist woman. and if she win, and if she wins, this will be a groundbreaking event. i hope she dowses does, because that would be huge for the sport. it s like when a big man stands up on the show, you know what i mean?
repeat cannot take yes for an answer. well, that went well. all sides emerging just as dug in as before. what is the end game here? you d have to ask the group. our guest congressman nunez calls his fellow republicans lemmings with suicide vests for their refusal to fund obama care along with the rest of the government. i don t understand the strategy. this is shutdown showdown. good evening, everyone. i m jake tapper. welcome to this special half hour of cnn, shutdown showdown. we re coming to you live tonight from the nation s capitol. the only city in america where you have to work this hard to get absolutely nothing accomplished. we re coming up on 48 hours since the government partially shut down. and if you are a furloughed government worker, do not bother setting your alarm tonight. this mess will not be any closer to a resolution when you wake up. you can be forgiven if you got your hopes up. earlier tonight the four top leaders in congress went to the white house to meet with president obama behind closed doors. so how did it go? the president reiterated one more time tonight that he will not negotiate. we ve got divided government. democrats control the white house and the senate, republicans control the house. we sent four different proposals over to our democratic colleagues in the senate. they rejected all of them. i thought that they were concerned about the long-term fiscal affairs of this country. and we said we are, too. let s talk about it. my friend, john boehner, i repeat cannot take yes for an answer. okay then. a gop congressional source told our own dana bash that the meeting only involved the principals, no staffers. there was no talk of any potential compromises for this specific fight period. the president demanded a clean continuing resolution to reopen the government as soon as possible, complete with funding for obama care. speaker boehner s response, not going to happen. so is it time for a grand bargain to put the nation s fiscal house in order? there are whispers of that on the hill tonight. but what would that even look like? let s bring in republican congressman devin nunes of california who has been pretty critical of his own party s strategy here and two of cnn s finist, chief political analyst gloria borger and chief political coast dent dana bash. congressman, obviously you re not a supporter of obama care in particular. why would you call your fellow republicans lemmings with suicide vests? what s the issue here? thank you for having me on. a few months ago, back in my district and in washington i started hearing this strategy that was laid out that shut down the government, don t fund obama care and don t stop until obama care has ended. and i thought from the beginning that that was really couldn t be done. and it s really just a matter of math. you don t have the senate and you don t have the white house. right. you would need technically, what some of my constituents were saying, we only need five senators. well, as the folks here in washington know, you need 60 votes just toned debate. it took 60 votes to implement obama care. i just don t think as long as there s a guy named obama in the white house that you re going get rid of obama care without a veto. so assuming you got the 60 votes, assuming president obama vetoed the bill which he would, you then need 67 votes in the united states senate and 290 votes in the house. so it s just a matter of math. it was a silly strategy from the beginning. and this whole lemming issue came up because one of my colleagues who i was having a direct conversation with decided to leak it outside of the room. and so i walked out. and they asked me about it. so that s how it got out public. but you said it, right? i mean, lemmings. you think it s bad for the republican party? yeah, it s crazy. i don t understand the whole point, the whole strategy. most americans don t understand it. but look. i have supported it. i will support our leadership. because part of this problem in this whole group they refer to, this has been ongoing for three years. where they ve continued to block our leadership for three years to get 218 votes. the lemming caucus. you re talking about the tea party caucus. it s not the tea party caucus. not at all. it s a lemming caucus. it s guys who meet privately. they re always conspiring. it s mostly just about power. and it s just gotten us nowhere. but if that s the case, and if they re lemmings, and if you actually understand simple math that you can t get this done, then why not be more aggressive? i mean, i know there s sort of growing number of people like you who want to pass a clean bill to fund the government and just move on. a clear majority of the republican party in the houses right? it seems that way. so why not put your vote where your mouth is? well first of all you have to vote on what s in front of you. why not john boehner can put whatever he wants in front of you. yeah. so if you want to do that, and start bringing down rules basically is what you re talking about, talking about doing the same thing that got us in this mess in the first place. so the leadership made a decision to take the position that we are going to take the ted cruz strategy and we are not going to fund the government until we get rid of obama care. why do you think boehner did that? his original inclination, back last spring, was we re not going to do that. he said in march exactly the votes aren t there. it doesn t make sense. we ll keep voting against obama care but we re not going to shut down the government. so why the change of mind? because we had the majority of republicans who had went home and gave some indication to their constituent that is there was some magical way to get rid of obama care by not funding the government. that s why this happened. i have a responsibility to tell the truth to my constituents, and that s what i ve been doing. and again just to reiterate, you would like to repeal obama care. well, i mean, i ve been one of the leaders on health care. i think that s actually one of the problems in the congress right now, especially with this cruz strategy is that i would have respect for people if they were coming up with solutions to our nation s health care problems. because if really the problem is debt and people worried about obama care because we re going to go bankrupt and woe have $17 trillion in debt. you guys know all the talking points. but it s true. we have a debt problem. but the debt problem was here before obama care, obama care made it much worse by throwing more people onto medicaid. and medicare is going broke for our seniors. so some of us, myself, senator coburn, paul ryan, senator byrd, we actually put out where every american a plan where every american would have health care. every american would have health care. and now all of a sudden people are attacking me for being pro obama care? i don t think so. you said you re obviously upset with the strategy, you think that john boehner was forced into this, which let s face it i think he was. candidly, are you supporting john boehner the strategy because if he relents he s toast? no. i think it s this. honestly you don t think so? for three years we had president bus had problems getting 218 votes. john boehner said we ll take this strategy. you went out for three months, got these votes. we ll implement it. it s fully implemented. you can pass this with bipartisan support. if you know that the votes are there with republicans and democrats, why not say to the speaker, put this on the floor. get bipartisan support. have it pass that way and move on. because you still have republicans in our caucus who believe that if we continue down this path and we stay firm and we hold tight, that harry reid and president obama are going to relent and we re going to be able to do you believe that at all? absolutely not. i don t believe it. let s talk about ted cruz for a second just because you raised him. the house is following a strategy a lot of people feel that senator ted cruz, republican of texas, suggested. because dana and gloria you guys have been doing some reporting. there was a meeting today of republicans in the senate, and a lot of ted cruz s colleagues i think are even less happy with him than you sound. well, they handed it to him. i was told that they were meeting, and that most republican senators i was told by republican source in the room spoke out against him. this is what one source said to me. cruz was completely unapologetic about the ads that he is featured in on the senate conservative fund web site that attack other republicans. that s what they re mad about. he sees himself as the only truly pure are. his colleagues are furious. he has no successful strategy but has managed to generate grassroots support. that s a republican senator who told you that? right. but here s the thing. a republican senator who toll you that anonymously. he wouldn t give his or her name. and this seems to be one of the issues. but within this meeting. no. but i m just saying the people in this town, i hear a lot of republicans who are willing to criticize ted cruz. i m not talking about you obviously because you just did it on tv but willing to criticize ted cruz but not put their name to it. i think you ll see more and more as this goes on. you know this. there s a reason for that. the reason they re not willing to put their name to it they don t want to get a primary. he is incredibly powerful and popular. am i wrong? you were just talking about the fact you heard it back home this summer. look. i think ted cruz is one of the best politicians that s come around in a long time. he s able to rally the base the he s got a lot of money he s generated much there s a lot of consultants making money off this and lots of tv ads going on. the problem with it is, it s one thing to be good at politics. it s another thing to be not good at strategy. why are you not worried about getting primaried? well, look. my whole career i ve made a career of just being honest with constituents, trying to come up with solutions to america s problems and putting them out there and trying to explain those to my constituents and trying to work on those issues. what do you think of this piecemeal strategy that the house republicans have had, which is refund the government but go after the parts that we put on tv. piece by piece. so you re throwing up kids with cancer, veterans affairs, the parks. the world war ii veterans. take away all the unpopular cuts. you voted for it all. now that we have made the jump, set ourselves on fire and made the jump, we are now in the vail of death. we decided to go into the vai valley. we have to run together and stay together in order to fight the onslaught that s coming from the white house. interesting our metaphors here. don t you think that seems crazy? in the valley of death. isn t it interesting you re calling it setting yourself on fire in the valley of death and running on fire in the valley of death voluntarily just to stick together. if you don t have 218 votes in the house but dana keeps saying you do. no. if the republican party does not hold 218 votes in the house we have nothing. and that s what this group, this small group in the house has been blocking us for three years. and i am not going to be like them. how many of your fellow house republicans agree with you? 200. really? i mean, a lot of people have been coming up to you and saying atta boy or i agree with you? nobody likes to criticize fellow republicans, especially myself. but this is a case where somebody decided to leak private conversations, and so i was forced to basically come out and defend myself. and tell what you really believe to be the truth. i mean, so what does this do to the republican party? i mean, here you are kind of split open in public, disagreeing. you say you have 200 votes to do something they re not going to do. the key was we should have had this fight on the debt ceiling. not on the c.r. not on the appropriations bill. not on funding the government. not on funding the government, right. so especially even if you were going to do it on funding the government, you don t pick the same day that obama care s rolled out. because one thing that we know about this white house, and we know about harry reid in the senate, is they re going to use everything that we give them, which is they re going to easily say, the reason we re having these problems is because the republicans shut the government down. stick around. stay there. nobody go anywhere. we re going to take a very quick break. coming up, if the president made it clear that there will be no negotiating while the government is shut down, where do republicans go from here? we will continue our discussion with congressman nunes coming up next. 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do they even know how to end it? let s bring back in republican congressman devin nunes of california and gloria borger and dana bash. interesting quote i wanted to read you, congressman, from your colleague representative marvin stutzman of indiana. he s quoted in the washington examiner talking about the end game saying quote we re not going to be disrespected. we have to get something out of this. and i don t know what that even is. now, you are not congressman stutman so i can t hold you accountable for this. but that is not a very encouraging sign. i mean, congressman stutzman is a very good guy and a friend of mine. and i think this is part of the problem that some of us identified months ago because there was no end game to this strategy. there was no way once you got to shutdown mode and you didn t have the votes, which we never had the votes, then what were you going to do? i think we had the moral high ground to fight on the individual mandate. had we made that case and spent all this money and time and effort saying how come you re giving employers a break and not giving individual a break since obama care is obviously not ready to go primetime. i think we would have had some folks on our side. but instead with all of this politicalization and attacking republicans it s made for with we re at now. can i ask you, what is it like on the floor of the house now on the republican side, where you re calling your colleagues lemmings. are there any specific ones that you re talking about? so look, first off it s important to be fair here, the democrats are giddy about this behind closed doors. i mean, they think that this is going to give nancy pelosi back the gavel. they re very cocky, very confident. i assume they re just looking at polling information. and they want to continue this. they want to keep the government shut down as long as they can. they re encouraging our folks to do it. you think democrats want to keep government shut down? politically absolutely. i mean, they tell me so. democratic congressmen have said keep the shutdown going? yes. privately, yeah. tongue in cheek, right? tongue in cheek. but i mean, look. democrats believe in big government. no question. right. but this is benefitting them politically. so can i get back to the republican on your side of the like how bad is it? and who are the lemmings that you re talking about? and are you talking to them? no. there s nothing really to talk about. this is their strategy. who s they, though? who is they? i mean, look. you have to first look to the people who went against the speaker on the house floor to start off the congress. that s the first group, right? dana would tell us. right out of the gate there was we needed 218 votes. and there was an attempt there to basically wound the leadership. that was a worst coup attempt than was reported at the time. here s. why every republican has a chance to run for speaker or for leader of the republican party. and there s a whole set of offices. they never challenged speaker boehner. they never challenge leader cantor. they don t do anything. then they were meeting privately to create this spectacle on the house floor. they never vote for anything. and look, i disagree with leadership a lot. but i don t go out and publicly embarrass our entire conference at the beginning of the conference. and that s what happened back in january. to your point about democrats right now, to be fair, if you look at the votes over the past two days since you ve started this piecemeal approach, you guys have been united, even people like you who don t agree with the strategy, you ve stuck with your leadership for better or worse. democrats have lost 20, 30 votes on these although not enough not enough to put it over. but i want to ask you since we re being so candid and open and honest here at whatever time it is, what s speaker boehner behind the scenes right now as he tries to hold it together. and i ll help you out. you only have about 15 second. look. speaker boehner, the way you see him in public is exactly how he is in private. he s a good guy. it s sad that a lot of folks have been attacking him when he is right now the leader been voted on unanimously in our conference but folks like to beat him up. and it s just unhelpful. congressman, we thank you for your candor this evening and being honest and open with the american people. thank you so much. we ll be right back. stay with us. when you re merging onto u.s. cover your ears. 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[ woman #1 ] that s why i cook. tonight on crossfire the president and congress start talking. as the government continues to be shut down who do you blame? i blame both sides. on the left, van jones. on the right, s.e. cupp. in the crossfire, tom perielo and emily miller. who do you blame for the shutdown standoff? speaker boehner or the president? tonight on crossfire. welcome to crossfire . i m s.e. cupp on the right. and i m van jones on the left. our leaders in congress met with president obama for about an hour tonight. if i had been in the room, my message to the president would have been this. stand firm. we ve already compromised enough. we precompromised our compromises. we gave away single payer already. that s a compromise. we gave away public option. and even with this c.r., we are rolling over and giving republicans 100% of the budget cuts that they want. $70 billion worth. that is a compromise. mr. president, don t cave and don t start giving away any more stuff. stick to what you told cnbc this afternoon. during the course of my presidency, i have bent over backwards to work with the republican party. and one thing that i know the american people are tired of, and i have to assume the vast majority of businesses are tired of, is this constant governing from crisis to crisis. so in that sense do we need to break that fever? absolutely. amen. so van, i get it. you want the president to stand his ground. i think you ve got a little ted cruz envy. i don t blame you. he s been pretty impressive. he s been really taking obama to the mat. and i kind of understand where you re coming from. president obama s leadership on this has been disappointing. now, you want him you want him to lurch leftward. i want him to come to the more reasonable center. but we will ask our guests about this tonight. tom perielo with the center for american progress, he supports president obama s position on the shutdown. and washington times senior editor emily miller who supports the house republicans. tom, i have a hunch that president obama is digging in his heels on this fight and the upcoming fight on the debt ceiling because of people like van, who are pressuring him from the left to really take it to these guys, really don t give in, talk tough, stand firm. do you think that s why he s been so reluctant to negotiate? i just don t understand the premise. he s actually given up 100% of the position to the republicans. the c.r. is a republican document. the republicans wanted 988 billion. he said we will give you 100% of what you want on the budget. where do you negotiate after giving people 100% of what they want? tom tom tom. emily, please educate tom. former congressman, first of all the number we re talking about in the c.r. spending levels was negotiated in 2001. this was agreed upon. because i think on all of our sides we agree that $17 trillion is just a little bit high, the debt to have, that we need to start bringing it down, start bringing spending down. it s been stuck at 16.7 because we haven t been borrowing or spending money. the deficit has been coming down for a number of reasons including curbing of health care. we have a $16.7 trillion debt right now. everyone agrees we need to cut spending. so the president, yes, he s gone along with the spending levels he agreed to in 2011. beyond that it s been my way or the highway on obama care. the sequester numbers, which both sides agree is a terrible idea for poll sand terrible for the economy, but 988 includes that. and the democrats already caved on splitting the defense and nondefense you make it sound like democrats and president obama have just rolled over. republicans didn t get entitlement reform, tax reform. they asked for a lot and they ve gotten very little. all those things can continue to be discussed in the context of the budget. when? a continuing resolution is meant to be a clean document to move the budget forward. it is supposed to be a budget number. nothing prevents this conversation from continuing for an actual budget if the republicans could move forward with the budget from the conference. these shutdowns have happened over spending. he even though it s been 17 years. this one isn t about spending. like you said everyone s agreeing to the 2011 levels with the sequester. this is about obama care. do we fully implement it s supposed to be a continuing resolution. but this is where we are, right? this is our reality. right now these current members of congress are in the white house, which i think must be the quietest negotiation that s ever happened. because jay carney said the white house spokesman that obama will not negotiate. he will not negotiate. and then he invites all the congressional leaders to the white house. what are they talking about? maybe they re like discussing our show? i don t know. or talk about what movies they ve seen lately. let me just say a couple things here. one, i think we forget that a c.r. is a little tiny tiny bitty thing. the budget is a big thing. and the debt ceiling is a huge thing. we re talking about the c.r., which is a continuing resolution just to keep doors open for two months. and the tea party republicans want us to give away massive concessions over something small. don t you think it s disingenuous on the part of tea party republicans to expect for us to trade away huge chunks of obama care to keep government open for eight weeks then we re going to be right back in the same situation again eight weeks from now? granted we all agree these are c.r. after c.r. the past five years have been ridiculous. how can you have a budget look i don t know about the politicians but i think the rest of america wants a budget and a well-thought-out budget and this is ridiculous how it s been operating. what is happening here what you re calling the tea party republicans which is a good deal of them but majority of republicans in the house and about 98% of republicans in the senate say our constituents are telling us they re not ready for obama care. they don t want it implemented. since they are in the minority and the republicans control one half of one-third of the government, all the leverage they have is this c.r. i agree with you it s a tiny little thing but it s all they have. it s just not the way it works. we need a budget. we need these guys to do their job. their job right now is to keep the government running. they need to do that with a six-week c.r. then they can go back to all the games and dr. seuss and everything else they want to do. for the first four years under president obama, even first two when democrats controlled everything there was no budget. i love that you now demand a budget. republicans have been demanding budgets for the past four years. it s nice to finally have one. you didn t pass a budget you pass a c.r. i think we all agree here it would be great to get a grand bargain, at least a budget. but in the absence of that your job is to pass a c.r. the president agreed to 100% of the republican budget number on the c.r. let me tell you what democrats are not agreeing to right now. republicans have offered to reopen slices of the government. to fund veterans services, for example, national parks, a number much of other things. nancy pelosi called this pathetic. here s what harry reid had to say about it today. but if you can help one child who has carnes why wouldn t you do it? listen. one against the other. why would we want to do that? i have 1100 people at dulles air force base that are signature home. they have a few problems of their own. i have right here this was tweeted by eric cantor. this is a statement from the president s office. it s the threat to veto. the honoring our promise to america s veterans act. the research for life-saving cures act. those are really cool names you guys made up for this stuff. no, it s terrible optics. this is your party. how do you defend this? do you think the optics are hurting the democrats right now on the government shutdown? i think this is terrible optics. i don t think anyone takes this seriously. the american people are much smarter than this. they don t buy it with the world war ii memorial and other stuff. the republicans are grasping right now. they need to get the c.r. passed. the idea of trying to cherry pick a line it s not going to work. the president says we are not going to open the government. it s like going street by street saying we re going to get the trash from this street but not this treat. open this park but not this park. they can t even pass a c.r. and going to start micromanaging in that way? this is not how americans deserve for them to run the government. why wouldn t you open one thing at a time? if you re the majority leader of the senate and you say can you save one child and you say why should i? talk about optics. terrible. terrible optics. that s unconscionable. he s going to bet beat up for that. i think we all know that reid cares a lot about kids. one of the things that s so weird to me is that he s now suddenly that republicans care so much about this particular program and yet the budget they voted for have defunded a lot of the program-the ryan budget actually defund almost all the things we re talking about. it was dana bash from cnn, it wasn t republicans who asked that question. a good question and a bad answer. i don t think anyone will say he handled the question well. let s talk about something in the news now recently. suddenly the republicans are the huge champions of veterans. what are these great cute things you just named is about veterans. great names for our bills. honoring our promise to americans veterans act. great branding. if we want to honor our promise to our veterans why didn t we start awhile ago? the ryan budget for instance decimates funding for veterans. right now we have a suicide crisis with our veterans. 21 veterans taking their lives every day. the programs to help that and homelessness are decimated. why are suddenly now republicans concerned about honoring our veterans? they weren t as concerned before? republicans have always been a party of national security and party of the military. that is not true that the ryan budget decimated veterans affairs. i can give you numbers. i agree that ptsd is an enormous problem with our current veterans returning from iraq and the wars. it s something that need to be dealt with from a health care issue. don t you think it s a little hypocritical though when the ryan budget, i can give you numbers, does decimate programs that were to keep veterans off the street, help them. decimated those programs a few months ago and making those votes and now demagoguing the issue. the sequester was president obama s idea. the sequester is having a worse effect on defense and veterans than anything this paul ryan budget that has not been implemented has suggested. was the sequester actually supposed to be implemented? they love saying it was agreed upon to be something both sides disliked. now it s the republican c.r. that accepts those sequester numbers, which is bad for defense, particularly in a state like mine of virginia. but this is the republican number. the democratic number is 1056. the republicans are at 988. we ve send that number which you yourself have just agreed is bad for our defense and national security. no. so republicans are winning a fight that is hurting our defense sector and the president is saying if that s what it takes to keep government open. i think we should be going back to the kind of budget that actually builds the kind of infrastructure and competitiveness that supports our troops that supports science and research. i just got back from china last week. they re not going slow. they re not cutting back on these investments to make themselves competitive. so i think overall we should be moving towards more investment in these areas to make ourselves more competitive. we should be giving our troops the support they need. what s wrong with that? i hear democrats say investment, and i hear obama. and i just hear money money money money money money. we ve gone from a $9 trillion debt to a $17 trillion debt in five years. most americans agree we should not raise the debt ceiling without some spending cuts. but before that, i m sure i don t have to tell you fine folks that the entire house of representatives is up for re-election next year. when we come back, i want you guys to tell me and our viewers why we should keep any of them around. norfolk southern what s your function? hooking up the country helping business run build! we re investing big to keep our country in the lead. load! we keep moving to deliver what you need. and that means growth, lots of cargo going all around the globe. cars and parts, fuel and steel, peas and rice, hey that s nice! norfolk southern what s your function? helping this big country move ahead as one norfolk southern how s that function? help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we ve added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we re sharing what we ve learned, so we can all produce energy more safely. our commitment has never been stronger. just by talking to a helmet. it grabbed the patient s record before we even picked him up. it found out the doctor we needed was at st. anne s. wiggle your toes. [ driver ] and it got his okay on treatment from miles away. it even pulled strings with the stoplights. my ambulance talks with smoke alarms and pilots and stadiums. but, of course, it s a good listener too. [ female announcer ] today cisco is connecting the internet of everything. so everything works like never before. there s a lot i had to do. . watch my diet. stay active. start insulin. today, i learned there s something i don t have to do anymore. my doctor said that with novolog® flexpen, i don t have to use a syringe and a vial. or carry a cooler. flexpen® comes prefilled with fast-acting insulin used to help control high blood sugar when you eat. dial the exact does. inject by pushing a button. no drawing from a vial. you should eat a meal within 5 to 10 minutes after injecting novolog® (insulin aspart [rdna origin] injection). do not use if your blood sugar is too low, or if you are allergic to any of its ingredients. the most common side effect is low blood sugar, which may cause symptoms such as sweating, shakiness, confusion, and headache. severe low blood sugar can be serious and life-threatening. ask your health care provider about alcohol use, operating machinery, or driving. other possible side effects include injection site reactions and low potassium in your blood. tell your health care provider about all medicines you take and all of your medical conditions. get medical help right away if you experience serious allergic reactions such as body rash, trouble with breathing, fast heartbeat, or sweating. flexpen® is insulin delivery my way. covered by most insurance plans, including medicare. find your co-pay cost at myflexpen.com. ask your health care provider about novolog® flexpen today. welcome back to crossfire. president obama met with congressional leaders for about an hour today. after it ended speaker boehner complained the president still won t negotiate. in the crossfire tonight, tom perielo who supports president obama s position on the shutdown and washington times editor emily miller who supports the house republicans. tom, congress s approval numbers, luckily this no longer reflects you thank you. you got out. just in time. but congress s approval numbers are abysmal. we are an international laughingstock. why should we bring any of these guys back? give us some hope. tell me why i can have a government to believe in. well, i will say a lot of members of congress from both parties work their tails off. a lot of them are there for the right reasons. not all of them. they really do believe a lot of the stuff that they say. i think unfortunately you ve lost some of of core contingent that believes in getting things done, that beliefs ultimately coming together to solve the country s problems is the main thing. would you agree blame on both sides? i think it s not quite equal. democrats compromising and giving up things they care about. i will say this going forward, though. if you look at elections for both parties over the last 30 or 50 years, the strengths of the economy and the unemployment rate is the best indicator of how elections are going to do. if we do see some double dip in the economy, if the shutdown or the debt ceiling moves us into a more negative economic environment, not that we ve had radically strong growth as of late, that will be bad news for anyone running for re-election next year. i wrote my column in the washington times today they think this shutdown will help republicans in 2014. here s why. because right now, yes, i think the republicans are taking most of the blame for this because they generally do take the blame for things that go wrong in washington and congress does. and president obama is very, very good at not taking blame for anything. he still hasn t taken any responsibility. even though he will not make one change to obama care. i know you re going someplace with this. anyway, the point of that is that the people don t want obama care. they re seeing their premiums go up. they re not being able to stick with their same insurance companies. plus anyone who tried to log in yesterday couldn t get on even if you tried. to they don t want it fully implemented. so the ted cruzs and the tea party people in the house who really are trying to push the leadership into this position, they re saying we hear you. not only that, emily, not just the standing up. i ve also said i think in november 2014 no one s going to remember this week long or two week or three week long shutdown. going to be feeling the effects of obama care. that s what s going to drive voting. could be true. you guys are assuming the worst. i think we re assuming the best. let s just take you at your word. you are right. there has been this sort of strong congressional leadership. ted cruz now apparently the speaker of the house. i don t know how he pulled that off. i thought he was in the senate. he s a tea party favorite freshman. he has this following in america. that s empowering. so i think that he believes, and i think you believe that he s actually speaking for a big chunk of the american people. do you agree with me on that? that s what i think. if that s true, why doesn t boehner let there just be an up or down vote of all the members of congress to either to open up the government no strings attached and let majority rule happen in the congress? if you re so confident that you represent the american people. what i m saying, the whole concept behind ted cruz is he s saying we need to use whatever leverage we have to stop obama care from being fully implemented. right now that s the c.r. there are two things about that that are weird. one is, at least two things about it that are weird. one is that if you re so convinced it s going to be a train wreck, then in some ways it s strange you re afraid to let it go into place. i can understand maybe you re trying to help keep people from being hurt. what s really strange about this is, you re saying you re representing the concerns of all the people. and yet if you had a vote right now in the congress, and let everybody vote their conscience, the people who actually represent america, the shutdown would be over tomorrow, there would be a clean c.r. and obama care would go on with bipartisan support right now. if they voted on obama care right now it would get defeated. if you believe you represent the american people. on obama care. you ve done that 40 times. you had a vote on obama care 40 times and you ve lost 40 times. [ overlapping speakers ] help me make this point. the majority of votes for congress were cast for democrats. the majority in the house of representatives house does that work? we had 1 million more votes. there were 1 million more votes cast for democrats in the house than republicans. that doesn t represent the majority. [ overlapping speakers ] i don t think it reflects the majority of americans. it reflects a rigged math. correct me if i m putting words in your mouth, but i think what emily is saying is that what ted cruz is doing is standing up for millions of people around the country, certainly in his district back at home, who want obama care repealed, delayed, stopped. that is not represented in congress. that s why ted cruz how is that the not represented in congress? there are so many sort of flip-floppers and weak lings in the house. [ overlapping speakers ] who don t have the backbone that ted cruz does. ted cruz is supported by a small faction of the american people. he doesn t actually get to attach everything that he wants to pick up his ball and go home. he represents americans. i totally accept that. you just saw a majority of the house five times in the past two weeks, a joert of the house of representatives passed bills that either defunded, delayed obama care, stopped the medical device tax five different times. members of congress. there s enormous majority support in congress plus all the senators who vote for it, republican senators, majority of the house. then why are you afraid of a vote on the house floor up or down about the no strings attached? why are you afraid? there s no fear. the point is there s no leverage left. you don t believe here s the thing. you say you re a majority movement but don t believe in majority rule in the house of representatives. why is that? why can t you have a clean vote, let everybody if you re a democrat, republican. pass a bipartisan support and the government would open up. why would they give up their leverage? because they believe it democracy maybe, i don t know. because they believe it democracy and getting things done. do you know how nancy pelosi shoved that 5,000 pages in the middle of the night of obama care? middle of the night? trust me there were a lot of nights. for instance, what would you do? senator dick durbin and joe manchin have both suggested they would compromise on certain parts of obama care. dick durbin wants to repeal the medical device tax. he s okay with that. joe manchin said he would delay the individual mandate. where s that kind of compromise from the plurality of democrats? well, if they want to do that we can do that. the c.r. that s not what a c.r. is. this is a six-week extension to get the government running. there s nothing that limits your ability to continue to negotiate this thing. eutopian world where they re separated. they are not separated. senator cruz who wouldn t let there be a budget conference. that s how the adults in the room come together. no. you can actually agree to o y legislate these things. i think the device tax is an interesting one. it represents more of the bipartisan special interests connection than everything else. leaving that aside that s unfortunately where the parties tend to come together. this is a c.r. it has bipartisan support. it would pass the house and we could continue to function. republicans say here s a handful of things we want. the president says we ll get to that but first do all the things i m asking you to do. then i promise on good faith because i ve been so trustworthy before we ll get to all your things and i ll come to the table and i ll negotiate with you like i did on entitlement reform and tax reform. why would they take away their leverage? democrats think it should be at 1056 or much higher. they gave the republicans everything that a c.r. is supposed to have 100% of the republican number. where do you keep negotiating? let s just clarify a couch things. on the conference committee, the house passed a bill that said yesterday, let s just go to conference committee. let s do regular order. we have passed this. here s our bill. the senate bill has just the clean c.r. that you like. house bill has a delay of one year of the individual mandate with the c.r. let s put them together, go to conference committee. what happened? harry reid said absolutely not. they voted it down and it went away. we won t negotiate. we won t talk. talking about the real budget. there was a chance for a conference on the real budget. that s how congress is really supposed to work. [ overlapping speakers ] the house passed the budget and the senate passed a budget. in the divided government we ve all seen the past two years, there is zero chance these people are working together. let s be realistic here on a budget. they wouldn t even go to conference on the budget. speaking of working let me ask you guys a question in the minute that we have left. should these congresspeople get paid in the middle of all this? you. probably not. i mean, i think we tend to focus on that sort of thing. and whether it s six weeks of pay it s not going to be a huge disincentive. most members of congress are actually worth over $1 million. i think the optics of that can seem fair but i don t think it s going to be a seismic difference one way or the other. i worry about the hundreds of thousands of federal workers out there this is going to mean a lot to the way they they their bills this month fur loloughed of time that s a big impact. when this all gets resolved which up it will be and everybody will win a little bit of something, everybody will get paid in full. so everything else is just for show. we ll see about that. there have been some noises they may not. but listen i want to thank tom perielo and emily miller. next we are going to ceasefire. are we? i don t know. we re going to see if we can ceasefire, see if there s anything we can agree on. i think there s one thing and it has to do with what s really going on at that world war ii memorial. [ female announcer ] it s simple physics. a body at rest tends to stay at rest. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it s not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don t take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. tonight on crossfire we ve been debating the government shutdown. now let s call a ceasefire and see if there s anything we can agree on. i think one thing we can agree on is what s going on with that world war ii memorial is a bit of a travesty. i do think they should remove the barricades. but honestly from my point of view, this is not the worst thing we re going to veterans in america. we should have a much bigger conversation. i think that s a really really smart fair point. i agree. i think the left is demagoguing this a little bit. i don t know why there are barricades in an open air monument. it makes no sense. they weren t there in 1995. i m sure some republicans are demagoguing on it, too. it s a big distraction. it s not really the heart of this fight. i agree. if you want to be a part of this conversation go to facebook or twitter, weigh in on our fire back question. who is more to blame for this shutdown standoff? right now 30% of you say it s president obama. 70% of you say it s speaker boehner. get your voice in there. get heard. this debate is going to continue online at cnn.com/crossfire as well as on facebook and twitter. from the left i m van jones. from the right i m s.e. cupp. join us this is cnn breaking news. this is piers morgan live. welcome to the viewers in the united states and around the world. tonight, breaking news, of course, shut down showdown or rather shut down stalemate. listen to john boehner and harry reid a while ago after the meeting with the president. we ve asked to sit down and resolve our differences. they don t want they will not negotiate. i said fine, we ll go to conference. all we want you to do is open the government. the government of the united
former press secretary robert gibbs was asked about the misleading statement you can keep your insurance if you want to. call a spade a spade he said. i don t recall significant discussions around some of the verbiage around this to be 100 percent honest with you. do you believe it was a wrong move? certainly. ron barn yea call it had a singing indictment of the obama practices that led to it. he said incompetence and deception doomed the launch of the affordable care act as long as the president sticks with the team that failed the country and lied it is fair to assume he hasn t learned the most basic lessons from the launch. this week end fraught page story of the wall street journal on saturday and washington post on sunday it became quite clear, they didn t even try to de p fend it, politics instructs policy in the lead out and roll up. politics trump. i spent the whole weekend wall street journal washington post i read a lot of stuff. forbes. i was consuming everything i could possibly consume. two things became clear. this is obama s statement. he wanted the web site up and running. it was going to be his shining moment his shining accomplishment. that was it politics over rule practicality because it wasn t ready. as recent adds mid 2011 tgi the canadian firm the american subsidiary canadian group was hired to get it up and running. this is really important. i came across this. i call this a smoking gun. this was in the washington post blog about 4 or 5 in. it s a letter an e-mail from tgi to cms, which was charged with bringing it up and running. it was the group within obama care. bear with me one second. they told them that this is august 17th, six weeks before the launch, six weeks after three years of this, there were only 55 percent ready to go. they weren t even close for that thing to start. 55 percent right here. they didn t redakt. cgi federal they knew. but they didn t tell the president? according to a lot of things you are reading president obama knew, staff knew. it was so important for them to get that thing running they leaned on cgi to get it ready and it wasn t ready. obama said nobody is more mad than me? who would he be mad at? i am himself. look at this. are those people going to be able to keep their coverage as the president promised? the law does not say sears drop coverage. sears decides what is good for sears. they don t say you drop coverage. the edginsurance agency decide they are going to make money. when they drop coverage you blame president obama. he is not responsible for that. you were watching that. that was the best interview anybody has ever done with ezekiel emanuel. he has a smug look of someone who ruined a public bathroom. his own path of destruction seemingly unaffected his life. he s a bureaucratic version of hurricane katrina. obama care is a natural disaster an oil spill dust of human beings getting soaked there s no way to get them clean. stohe destroyed a bathroom. he destroyed a bathroom he doesn t have to clean. none of those experts are using obama care. in effect it is their public bathroom. you can use it. somebody elts has to clean it up. the obama administration and the white house did lie to the american people? i would spend every waking hour absorbing everything i could about it. listen, we think that they lied? did they mislead? my asufrmsumption is you look a this stuff somebody certainly did no question about that. back to the point ezekiel did not quite get it outright. if you had a policy you demanded you keep it but the insurance companies you would have had it. but that is what the white house has tried over the last several days to try to say, don t blame us. all we are trying to do is provide insurance for everybody. blame the insurance companies they are the ones who changed the policy. but they changed it because they were asked to and required to under the law. they weren t required to. this was part of the dana perino psychic news. you said this is what they would say. it s always someone else s fault the facts match something completely different. when you see the redacted copies and reports that come out you knew ahead of time when you say you can keep your insurance these rates are going to be lower those aren t the facts they knew them ahead of time. just so we are clear on this they were not required to change these policies. they were grandfathered in. it is disingenuous to use that line. chris wallace pressed ezekiel emanuel. no one said that. no one said if a co-pay goes up by 5 bucks the next three years you would no longer fall into the grandfather. isn t it a terrible job of communicating otherwise known as lying? the fact of the matter is if i had an insurance policy and i said to the insurance company do not change this i could have kept that. i don t buy that. that s far too innocent when you look at the facts and evidence they have. they aren t innocent. they don t care. i am telling you if you want to blame the insurance companies why don t you actually look at this guy, his administration, this was his baby his legacy he made promises he in fact knew were false to the american people and we deserve and expect better. they are not going to blame obama, because this is as close as you get as an actual organized religion in which president obama is god and his apologists are doing nothing but speaking in tongues. this is all they do. you go after doctors who are getting hammered, i you go afte insurance companies that have slim profit margins. a lot of people demonize insurance companies because you live on the coast. you don t see these people work all over the country and they help people. i love my insurance agent the person who helped me with my house and my car. they are not awful people. but obama continues to throw so many people under the bus there are more people under the bus than in it and obama care doesn t cover people who are hit by the buses. they were on the run yesterday. david axle rod appeared with david gregory on meet the press . you were in the white house you were advising the president on the kinds of things he should say why didn t you or someone else say to him, mr. president, don t say no matter what you are going to keep your healthcare? was that bad practice? hindsight is 2020. that s why you are there. there is a small group of people, the vast majority of americans that statement will hold true for this small group of americans it hasn t. eric, without this small group of americans it is just 5 percent of people. but those are the paying customers the insured, the responsible people and now they are at risk of being uninsured. david axle rod is going to have to come back and eat those words. hopefully david gregory holds him to that. we are hearing more and more, we are talking more and more about 15 million people on the individual mandate who may lose their coverage. there are numbers coming out now 50, 60 even higher 70 million. bob. i am not making this stuff up. this is coming out from people who are paid to look into this 50 or 60 million people or 70 thrown off their employer coverage because it s too expensive. one thing we should keep in mind here we keep talking about you can keep your doctor. your doctor doesn t have to keep you. the doctors if they don t like the insurance plan we are not talking about that. change of subject. i know. too darned expensive to keep people on obama care we will take the penalty instead. now you are blaming the doctors. that was part of the controversy today that continued this morning. the white house the communication folks have already put a spot on the wall. they continue to rub it. they make it worse. a spot on the wall? if you rub a spot on the wall you make it worse. i have never done that before. think progress if you are not signed up on all of the liberal blogs you don t get it. if you are on the left side it goes around like wildfire. dan five of the white house communications office tweeted the real reason the cancer patient lost hwriter lost her insurance. her point was the insurance that she had was perfect for her. stage 4 cancer, it covered different doctors at different hospitals that s how she has been able to stay alive. my point is it s never a good idea to start attacking the victim even if they think they are actually attacking the insurance company it looks like they were being insensitive to the cancer patient. a strong patient offense is a good defense. problems going after her instead of obama. this whole story out in 2010 why was this entire story by fnc and conservative blog? media bias provide a blinder that ob cures the belief. it s the morphine that deadens the pain of your own mistakes. there s no way the media could see this. did you see in 2010 anybody in this country? you couldn t keep your bob, where have you been? that s the reason the republicans wanted can i throw it othis out her. the reason why president obama delayed the employer mandate is because they knew it was going to be 60 or 70 million people thrown off and they didn t want it in an election year. that s not even a conspiracy. that makes perfect political sense. it s like taking a pan to the case. bob, even you would appreciate this. some of the ads that i saw today targeting red state democrats saying, why was it that senator prior in arkansas defended and repeated the obama care lie? that is very effective tagging and will help the republicans with their point. it is a very strong statement to say the president of the united states is a liar. i hope you all can feel comfortable saying that. also the media. what they will do to keep their guy in. their cat is in the white house. you wish he would have bought a dog. dogs are much nicer. president obama simply misspoke on obama care. greg is going to get the new york times straight on that. t tom is electi tomorrow is elec day. i have a case of the mondays. chris christie is expected to win big. we learn something from the garden state. we will debate it ahead at the five. obamacare so in the stuck up olympics they get a gold for president obama saying he misspoke. try to use that in a marriage. when i said i wouldn t specheat was just talking about you. misspeaking is when you say elephant instead of elevator. at least the times admits obamacare will not bend to individual needs. ma tornity care for those who will not have children is a store point. it s a store point you sexist pigs. what if women to had to pay for viagra. this idiocy is one price you pay for universal coverage we are human speed bumps on the road to utopia. observe care is the hammer in th obamacare is the hammer in this hammer and sickle. who cares if the president lies, any student of history knows where that leads and it s bad. cuba bad, north korea bad, germany bad. i just realized progressives our bad is their good. success is measured government s grip on freedom. finally you know what the times picked as their cover story this sunday, broccoli. that is a big health scoop. which leads me to act is obamacare coverage getting your head out of your ass? does obamacare cover viagra? the i don t know. the biggest story is obamacare and they put broccoli on the cover. it s the worst vegetable. no it s the best. it may be good for you but it s the worst. it s awful. whoever likes broccoli is out of their mind. it tastes like turf from a football stadium. horrible. is that worse than cbs reporting six people signed up for obamacare the first day? it is so crazy. they don t care. they have a lose relationship with the truth. they like it like that. they are like we are keeping it. if he with say it it s true. they don t care what the reality of the facts are that s what s so disturbing about this. why aren t people more upset about this. you know we had single pay the expectations are so low now with everybody beating up so badly i will guarantee you by this time in the spring it will not be as negative as people say it is not that many people will be affected boo i it and these stories will run out. it s so bad. bob, that s like saying in a year after hurricane sandy we won t be talking about hurricane sandy as much. not that many people will be affected by it, what do you mean by that? when you say 60 million, i don t buy it. i think it will be a much smaller number of people who will quote lose their policies and the people who do get new policies will get better policies. who is going to pay for it all? probably you, me. if it were up to me it would be paid for by all of us together collectively as a family. i think the fact that the new york times editorial which is infuriating every day of the week but in particular sunday. that became a story in itself. people talking about it all day long. the public editor of the new york times having to actually ask for an explanation from rosenthal. the media seems to not be willing to accept this lie. when the white house blamed the video for benghazi, we were like the broken record. this one not so much. i suppose if we had called him out first with the media they would have to call them out first to make sure it is okay. what does president obama have to do to be accurately criticized the new york times? does he have to kidnap a bus load of orphans? why the children? there suspect anything. et he s the guy who put out the noble peace prize winner. they don t care. reality doesn t match what they are reporting. they don t care. they are not going to criticize the guy. you are missing the point. he s not the king of peace in reality but no one cares what the truth is. they disregard it. in its entirety whether it is benghazi, obamacare. solyndra. they didn t tell them about the grandfather clause that s what he was using. that s a good one. i do want to say obamacare is the one thing i hathat has beene to unite the left and the right. there is bipartisan. it will be delayed. you know what has a grandfather clause? a really old cat. grandfather clause is something i got to say this great picture. in tennessee, did you see brian kelsey. did you see senator and kathleen sebelius web site for dummies. they are face is priceless. you know what that picture represents? someone who is so clueless. if it was you or me or any one in this table i would look at them and go i am not taking it. she takes it and pictures holding web site for dummies. you are kidding me. they really need to get rid of her, clean house, get rid of cgi. i have been reading up on cgi, wow, are they lost. they are completely good luck. no chance. i had a dream about sebelius. she was here in a floral pant suit and i thought she was the queen of england. on that note. coming up, race ons this election day including here in new york city with the mayoral candidate. disaster. 40 percent over the republicans. the republican is that guy on the right, joe. lhota. that s the problem. the problem is obama doing campaigning with him? you are surprised? don t forget to check out the web site at foxnews.com. you did worse than me. 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i don t know. i don t think it translates state to state like that. i think this is kind of a sun neek swigs with christie. it will be interesting to see given the due mull to us nature. you can t live in a blue state. you can t separate out new jersey without talking about virginia. republicans have over 50 percent of the votes. for christie s future, political purity is great for your beiego but not great for elections. i like christie up against hillary she has the warmth of a tin toilet see. the more people that see christie will like him and the more people who like hilary will dislike him. it is getting weirder and weirder. a 40 point lead over joe lhoda. they old lead for mayor. this is amazing. only in new york can a guy that hung out with honeymoon in cuba do this well. de bl they have a massive drop in murders. this guy does not like new york tv. electing de blasio is like after getting cured of lung cancer taking up smoking. this is a bad day for new york city. can i hold up the post cover. he has been known to hang with sandnesias go to hon me noon in cuba. i don t want to rit size criticize any one s honeymoon or honeymoons. the politics, new york you are about to get a reckoning. if he wins can i make a plea if we could have the park rules extended to 10:00 a.m. you would be top. he is going to win anyway. run for mayor 10 million i could have gotten 45 percent of this race. like mondale. where were you, ray? that would have been it. heightened considerably in the final hours before voting begins. democrat mccall lus leads by a slim margin. is the obama care debacle the reason this race is tight? no, it s not. this is a classic example where the tea party is killing the republican party. instead of having a pull out primary where the governor would have bonn and beaten mcaullife a good friend of mine. can t believer he is going to be governorment the tea nominated this right wing guy who doesn t staund a chance stand a chan not close. he does stand a chance down 6 points. the problem really is he has 10 points he is taking. the option with the republicans is they can t get all of these people together if they are not locked like the left. it will be bigger than that. they say women are going to make a difference in virginia. since you gave women the vote it will happen in all of the states. northern virginia has changed a lot demographically. the federal government shut down pissed them off. can i say that? observe ca obamacare raised everybody. it may be a tighter race. you have a republican candidate for governor that has been so bad with women. the hispanic population will vote for mccauliffe. accusations or confirmed there were money laundering going on? oo that s the problem. they have observe care and it will be even six percentage points this is a good opportunity for cuccinelli. it is not a wash. it s not like new york. it he is a tea party candidate. maybe. maybe not. can we throw this out here everyone say the reason why president obama and democrats and clinton go to new jersey for barbara bono say it was a sure loss they don t want to waste their time. they are certainly spending time with terri mccullife s relationship with the clintons were. he is the best bser you will ever meet in your life. he is extremely loyal to the clintons. dana, you said pissed off and bs. i have had a really bad monday. you are starting to make me upset being at the table with you. you are turning into a salty sailor. can i be grounded? i will go to my room. where is your mom? get that soup out. supreme court will hear an important case on public prayer. kimberly will explain the legal battle. before we go check out our facebook page at facebook.com/the five at nc. ha wednesday the supreme court will rule on public prayer in legal forms. two residents one jewish the other atheist sued for opening prayer had christian references to jesus, the holy spirit and god the father violated their first amendment rights. in a sur prides show of solidarity the obama administration joined conservative lawmakers to allow politicians to say prayers during government meetings. this is legally fascinating. i think the administration has been fairly consistent on questions of prayer and remember they wanted to take under god out of the pledge in the administration was strong on that. it is inconsistent with the clash between religious conscious and contraception. when it comes to sex, if sex is involved the administration says there s no this is where they want to eye certificate the first amendment right. but when it has to do with town hall meetings it is not a political fight they want to take when it comes to reproductive rights they get involved. what do you make of this there is solidarity that will support religion. we will go back to the law. the lemon test. oo 1971. if it meets it then you are allowed to do it. they have a secular purpose. but advancing religion, check. must not result in excessive entanglement between government and religion. if they want to openhe government and religion. it meets all the criteria, they should be able to do it. there s a weird legal dichotomy in allowing it prior to a meeting but not during it. that s interesting how they re going to reconcile it. i m sorry, does not entanglement, the third of the three? yes and no. if you re saying it s secular in purpose, how is it not secular in purpose during versus before? it s a little bit where they re drawing a line legally. fine, that s their job t the first amendment they lfal back on for their argument the people who wrote the first amendment were in the first congress who opened their op congress with a prayer.he i think frankly it s a little bit of a reach. this has been going on since tht beginning of the republicans i suspect it will be forever. greg? i am of the i am always polite when people are praying when you go over to somebody s house and you are not into that sort of thing but you don t say i am not going to pray. you just do it. re it s not like you are giving ind you are just getting along. i wish i had all of free time to do all of these lawsuits. that s what they should do h with prayer in school. t i am for prayer in school because you don t have to participate. you take a minute of silent prayer you can pray or you can a look at the girl in front of yu you, you can do whatever you want. you should be able to t have a r minute set aside to say a prayer if you want to. you can say a prayer before the show. it might help.begi it might help. pray for good ratings. i am kidding. you are an awful person. i think the good news is, both sides of the aisle both sides of the pews seem to be okay with it. does any one really have a problem with it? i am sure the freedom from ok religion group is going to go i like both sides. i can t believe they took that out. look, in defense of people who might find it to be a problem, if people don t want this in there and they believe it s offensive to atheism maybe that s part of god s plan. when you see injustice and tragedy as god s plan why don t you see this as god s plan? theologian on the five. why not? why am i relaxing? i don t know. atheist twitter backlash coming your way. new developments in the miami dolphins. a teammate of martin has been ew suspended for alleged ry. misconduct. their explosive new reports of threat and racism. bob has all of the details up p next. stay with us. racism. bob has all the details. that s next. stay with us. keeping up with these two is more than a full time job and i don t have time for unreliable companies. angie s list definitely saves me time and money. for over 18 years we ve helped people take care of the things that matter most. join today. now an update on the story we covered on friday. they suspended ritchie incognito for misconduct disorderly to the king. martin left the team after teammates pulled a cafeteria prank leading martin to smash his tray and take off. racially charged messages may have been part of the problem. it is amazing how the dolphin s organization changed their tune here. at first it was no big deal now all of a sudden it is a big deal. why? jonathan martin s parents are both lawyers. number one i am sure there s a lawsuit on its way. it was more than the team ganging up on martin he got up and moved. the point is he has been harassed for a year and a half for 24 games which encompasses almost two seasons he has been harassed. some of these voice messages the e-mails they have of incognito, they are disgusting. they are awful. god awful and gross. i come from locker rooms, it s a tough place in the locker room. you got to man up, but at some point these are professionals. they are paid millions of dollars. kids look up to you. when it comes up kids are going to look at the miami dolphins and say i am not sure i like them. martin didn t stand up for himself and punch somebody in the nose. you have been running this story all weekend. initially when we talked about this on fryer rick and i were the ones who said this is terrible. the management initially comes out says it s not a big deal. i don t understand how they could possibly have to backtrack on that. it could not be worse timing by the miami dolphins not in terms of sports. i don t care about that. they are trying to build a new stadium they have a huge public battle they need everybody pulling for them and this is the way to lose that stadium bid. when you were in the locker room did you find that kind of harassment? just until a week ago when they found me. i was asked to leave. the other element is, richer players are veterans. i don t thinker rook younger rookies pay for the meals. that s not bullying that s obamacare. not in locker rooms. what do you think about this from a legal standpoint? legally, emotionally, psychologically i think the bullying should never be tolerated. i get it s the nfl yi get it is sports. it sets a bad example. this is happening to him i think it s important to let the management know. contemporaneously with the event so it can be documented. it may not be a popular thing to say. if incognito i don t think racism is okay. he left messages on the machine which apparently said martin is mixed race. he made some racial comments, at least it is alleged. is there a race hate crime brewing here? they have to get transcripts. if there was if the parents and family are motivated enough they could try to bring some case. i don t think they are going to be able to succeed. i don t think it will be good for his nfl career. the locker room that s what it is before the game after the game. there are practical jokes and frank going on th pranks goin on all that kind of stuff. this is excessive. it went on and on. it s different. i will never forget one of my first days in training i was getting destroyed bullied like this and made fun of. one day i was like i am not going to take this any more. the i went after a guy. i punched him cost me 5,000 dollars. 5 grand for punching a guy. but i tell you what, it stopped. best 5,000 dollars you ever spent. when i was a fresh than me put icy hot in my jock strap. you actually loved it, bob. that explains a lot. it really does. i have one point of pr advice. the white house should not get involved in this. whatever it is do not get involved. stand down. up until recently it has been a very straight forward nice woman who doesn t swear a lot. i just learned something that maybe i didn t need to know. i ll keep it to myself. learned something i didn t need to know. i will keep it to myself. kimberly knows, too. it wasn t dana. it s like grade school. this is the video elvis video and it is viral video called the fox. it is terry washington which i love. take a look. what does a girl say what does the girl say i love this. i think some women are way too jealous. too worried about keeping their man. one of the great days in american history barack obama was elected president of the united states. his victory speech. this is our moment to acclaim the american dream and reaffirm that fundamental truth that out of many we are one. while we breathe we hope and where we are met with cynicism and doubt and those who tell us that we can t, we will respond with that timeless thumbs up the spirit of the people, yes, we can. yes, we can mr. president. you are next. take a look. somebody must be doing something exactly right. who would be complaining? somebody whose privacy was violated. you can t have your privacy violated if you don t have your privacy violated. representative rogers. did you say you can t have your privy violated if you didn t know your privacy was violated. he may have misspoke. this is a new segment i like to call, i hate these people. all right. this is from the new york times. anonymous person wrote this letter to the new york times. i am going to read it. i have done a lot of things to the outside of my home to make a burglar look elsewhere to a likely target. rile lies this means i am hoping my efforts will hope he will choose another house in the neighborhood instead of mine. i am beginning to wonder if this is ethical. oh my god you make me sick. i hate pethese people. i learned this weekend someone i really admired passed away. he worked at the 21 club a new york fixture. lorenzo robinson. he was a reverend and he worked in the men s room. he met ronald reagan. ronald reagan wore them every day for the rest of his life. thanks for watching. see you tomorrow. it is november 5th. fox news alert this morning. gra brand new details emerging about the manhunt for an armed gunman who opened fire inside of one of the country s busiest malls. they announced the suspect is dead inside that mall. allegations of bullying in the nfl for the first time we are getting a look at the hateful texts and tweets that forced miami dolphin jonathan martin to leave the team. a man comes face to face with an armed robber. instead of backing down he takes on the gunman. his bare hands his only weapon. fox & friends first starts right now. new details breaking moments ago the man who opened fire in the new jersey mall is dead. police say he killed himself. he was found in a construction area hours after firing a gun inside the garden state plaza. his name richard schoup a 20-year-old restaurant worker from new jersey. he has a history of drug abuse. the main motive for what he did tonight was suicide. cell phone video posted on youtube of the moment before the mall went on lock down. officers walked past businesses telling mall workers to get out. (inaudible). police say that no one was hurt. everyone locked inside the mall is now out. investigation now underway into what exactly led shoop to open fire inside the mall. one of the victims from the deadly tsa rampage at lax airport that killed a tsa agent and wounded three people is speaking out about that tragedy. tony grigsby is a tsa officer who was shot in the foot. i am just a
dug and ran from the front yard of a home in mexico to a parking lot in arizona. police seized 1200 pounds of marijuana and arrested two men. and new government information shows use of the morning after pill is on the rise. from 2006 to 2010, 11% of sexually active women ages 15 to 44 said they used the emergency contraceptive. that s more than double its reported use from 2002. the study did not cite a reason for the increase. i m carol costello. thank you for joining us today. cnn newsroom continues right now with ashley banfield. thank you, carol. hello, everyone. welcome to the program. talk about triumph that crippled, helpless and altogether nasty carnival cruise ship is finally due to reach port in a few hours and we are positioned in the air. the sea, on land, and all of it to show you as this ship comes in. and a south african model is dead, her boyfriend, the world famous blade runner, now officially charged with her murder. we begin with a shocking valentine s day murder. the man charged, double amputee and london olympic star oscar pistorius. the victim, his girlfriend, and model, reeva steenkamp. it happened at pistorius upscale home in pretoria, south africa. amanda davis is a cnn international sports anchor and she has interviewed pistorius. she s covering the developments in london. what more do we know, amanda? hi, ashleigh. i can tell you that oscar pistorius has been charged with the murder of his girlfriend. he s set to appear in court in pretoria in south africa on friday morning. this all happened very much as we were waking up here in london. reports of a fatal shooting at the house of the 26-year-old oscar pistorius. initially there were reports that it was perhaps a valentine s surprise that had gone horribly wrong, that pistorius woke to what he thought was an intruder and shot that intruder dead. the police, it has to be said, have said they don t know where those stories have come from, so throughout the course of the day, it was then confirmed that it was, in fact, pistorius girlfriend, reeva steenkamp, as you said, who was shot and killed. and then it has emerged it is pistorius who has been charged with her murder. this is devastating to hear that is a report that s out there. do we know that has been knocked down, amanda? that this might have been a valentine s day surprise gone terribly wrong? because there have been statements made in the past about grabbing a gun when i heard my alarm go off, by pistorius. he s been interviewed in the past and said these things. is that just a rumor or is that something the police are actually trying to follow? we don t know. there is still a lot of questions here that are very much unanswered. what we have heard officially is from pretoria police spokeswoman. she gave something of a news conference outside pistorius home. because of the south african laws, a lot has to be left unsaid until the official court hearing which has been postponed until friday morning. but she did say, we understand there have been reports that this was an intruder, an unfortunate accident. she said we do not know where those came from. it is so distressing. amanda davies for us live in london, thank you very much. oscar pistorius was no stranger to guns. that according to michael socklov, who wrote a profile of pistorius in the new york times magazine. he spent some time with pistorius two years ago in pretoria and he says that hanging out with him, he found that he was a unique and complex young man. michael is here with me now to talk about this. michaele, is this a surprise to you, to hear this? given what you know about the temperament of this young athlete? it s a shock to me. you know, oscar is a young guy. he s an adrenaline freak. he drives his cars very fast, 140 miles an hour. so he does everything fast. he s impulsive, but i never saw him angry, i never saw him violent. he s a very likable guy. but when you yes, it s a shock. when you wrote this in your piece, hanging out with pistorius can be a great deal of fun, you also quickly understand that he is a little more or that he is more than a little crazy. is that said in tongue and cheek, in fun, or do you find him to be somewhat reckless? i absolutely find him to be reckless. certainly the way he drives, he had a speed boat accident in which he seriously injured himself. i worried about him after i left. but i worried about him hurting himself. here, the allegation is that he has hurt someone else. whether it was in anger or not is something we don t know right now, but i didn t see him as angry. you know, sitting here, i have no way of knowing what really happened. i don t know that any of us know that at this point. and then you also mentioned that at one point, he said, a security alarm had gone off in his house and that he had the previous night grabbed his toed out to be nothing. when you hear what amanda has been widely recordsed but the police have not confirmed this could have been a valentine s day gone wrong, does that fit with the character of how you know him to be, how he feels about security? well yes. i have no way of knowing what happened but i know when i was with him the night before one night, he said oh, i heard a noise in my house and i grabbed my gun and came downstairs. that s not terribly unusual in south africa. people are very fearful, you know. it s a society in which there s a huge gap between rich and poor and the people who have more money feel threatened. now, with what we know now, maybe oscar, as courageous as he is on so many fronts, maybe he feels overly threatened. maybe he is is a fearful person. i don t know what happened. i didn t see him as an angry person. that doesn t mean he didn t strike out in anger. as a writer you never want to pretend you know someone better than you do. the police said there had been domestic incidents in the past at this home. i don t know that it meant between these two people in this relationship. but they said that they are not strangers to that home in terms of domestic incidents they ve had to respond to. i just want to read one more thing that you wrote. sure. he suggested to you, when you said to him you hadn t used guns before, maybe you should go to the range. maybe you should do this more if you practice, i think you could be pretty deadly. knowing now that he said these to you in this light, that has to be a bit haunting. it is haunting. you know, when we were at the range, we were target shooting. there s no doubt that oscar likes guns. i will say one thing about the domestic incidents, i don t know anything about that. it was never reported before. and i don t want to be in the position of defending oscar. i have no idea what happened. it should be noted he has a roommate at that house, a mixed martial arts fighter who was a friend of his. so whatever happened in that house may have involved oscar, it could have also involved his roommate or someone else. i think that, you know, we don t have the ability to do great police reporting at this point from south africa as we might in new york. so i don t know. and we should say, that it s interesting that you mention this about the roommate with this background. in marshatial arts. police said these two are the only two who were in the home at the time of the shooting. i think you re right. a lot of questions. no one should be guessing or second guessing until the investigators have had a chance to go in and look at this. very distressing all around. thank you for coming in so last minute with all of your insight having time to spend with him. michael, from the new york times magazine. by all accounts we should say reeva steenkamp was looking forward to valentine s day. she sent out this tweet just yesterday. the fashion model saying, what do you have up your sleeve for your love tomorrow? as we know now, she didn t live to celebrate today. shot dead allegedly by her boyfriend, oscar pistorius. friends and family say that she was a loving and consider eight young woman, fun to be with. certainly she was just beautiful. the managing director of the model agency that represented her spoke about her and her relationship with pistorius earlier today. they were people that were going out, they seemed happy. i can t comment as to as i said the intimate relationship that they had behind closed doors, be but they looked happy as any couple would when out. one model who cruise that turned out to be anything of a vacation is hours away from finally reaching dry land. thousands of passengers will finally get a hot meal, a hot shower, and apparently some cold hard cash too. it s chevy truck month! silverado was also recognized for the lowest cost of ownership. hey, what are you gonna do with it? end table. oh. [ male announcer ] it s chevy truck month. now get 0% financing for 60 months, plus trade up to get $1,750 total allowance on a silverado all-star edition. or trade up and choose customer cash plus option package discount for a total value of $7,250. so i used my citi thankyou card to pick up some accessories. a new belt. some nylons. and what girl wouldn t need new shoes? and with all the points i ve been earning, i was able to get us a flight to our favorite climbing spot even on a holiday weekend. things are definitely looking up. 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[ male announcer ] boost has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones, and 10 grams of protein to help maintain muscle. and our great taste is guaranteed or your money back. learn more at boost.com [ dietitian ] now, nothing keeps mom from doing what she loves. being my mom. . this may not look like heaven to you, but let me be honest, for 3,143 passengers and 1,086 crew members aboard the carnival triumph this is really going to be heaven. trust me. not soon enough. they will reach this spot. triumph s arrival in the port of mobile, alabama, has been delayed yet again. now it looks like they are not going to reach dry land until midnight eastern time. that ship has been marooned in the gulf of mexico for five days and let me just say that marooned is putting it lightly. there s very little power. there are few working toilets and the food supplies have been dwindling. a lifeline of sorts arrived yesterday when a coast guard helicopter dropped off a generator. the pictures capturing it as it was being flown to the deck. the triumph owes its rescue to these, four big sturdy tugboats pulling the massive ship over rough seas all the way to mobile. we are following the progress by land and by sea and as well by air. cnn s david mattingly is dockside. victor blackwell is floating in mobile bay. david mattingly, let me start with you, what is the latest in terms of these poor people and their effort to just get back to some kind of normalcy? that s right, ashleigh. they just can t seem to catch a break. the conditions with the current and the wind are such that it s slowing down their arrival. it s getting pushed back hours from what had been anticipated yesterday. but when they finally do get here, they re going to find that there s going to be food waiting for them, there s going to be busses here to take them to a hotel if they want it. you know there s going to be so many people, long, long overdue for a very hot shower. and if they want, they have a bus also that will take them all the way back to texas if they want to go back and reclaim their car and drive home later tonight. ashleigh? david, stand by for a moment. i want to get out to victor blackwell. literally monitoring the seas. what are the seas like and the weather and the wind and why these delays? well, let s talk about the wind first. about 15 miles an hour and that has been a concern from the start when this was just kind of drifting around and was pushed 90 miles north. they were supposed to go to progresso, mexico, they came to mobile, alabama, because of the winds. light chop on the water and 45 degrees. these people were going to cozumel to a resort with summer-like temperatures. they certainly don t have one of these. i want to show you back here. these two boats with the orange life savers or life rings there, that s mobile and alabama. those are the pilot boats that will head out to guide the triumph through mobile bay. we re told they re going to leave here in about an hour, but that could change as the time goes back. eight miles from the sea buoy where the pilots will likely climb on board and guide it into port. hopefully they come in during the daylight because we ve been told by the port manager that this ship cannot be towed in during darkness because it s unsafe. if they get to the mouth of the bay at dusk, the question is, will they have to wait until morning to come in. we re going to try to get an answer to that. hopefully they can get in and get back to the port before dusk tonight, ashleigh? oh, dear. i mean, you re right, they cannot catch a break. now we re hearing the delay is until midnight. and like you said, i see you have your hat on. the temperatures, i think the low is in the low 60s, like 63 degrees. for those who have been sweating it out on a hot stinky ship, sure the cool air is welcome, but are you kidding me? victor blackwell, thank you. appreciate the position that you ve taken to monitor this. also our sandra endo is continuing to monitor things from the air, flying in a chopper all day. going to reload that chopper with fuel, get it up and be able it to monitor. not all the passengers are likely to be too thrilled with the $500 and the free airfare as a compensation package. and no doubt, some of them are going to chart a course straight for the courthouse. will there be any roadblocks in the way of that effort if they want to seek that effort? we re going to talk about that dynamic with our legal panel in just a couple of minutes. jo we are now getting a clearer picture of the cop killer christopher dorner and his final hours and the encounter that set everything in motion to catch him. karen and jim reynolds walked into their cabin and came face to face with dorner on tuesday. bound, gagged, and tied up with plastic ties and extension cords, this couple miraculously was able to free themselves within minutes of him leaving. they both were able it to get to their knees, pull off the pillow cases on their heads and the turning point, karen, getting up and managing to get to her feet eventually, shuffle to the open bedroom door, shuffle to the bedroom door and open it, eventually finding a cell phone on a coffee table and calling 911. did you think he was going to kill you then? not well when he had me laying on the ground, yes, i really did. i thought he s changed his mind, he was trying to calm us down and get us in here and he s going to do it. dorner told the couple, quote, i just want to clear my name. they say. his ex-girlfriend who dated dorner for five years says she, quote, sort of expected violence. here s what she says about his personality. i don t think there s any way to justify someone going out and killing someone because they re stressed out of work. there are ways and outlets of releasing stress. chris was one of those people who bottled up a lot of his emotions and wasn t good at expressing himself. in just 30 minutes the lingering questions about police tactics, something called the burnerses that were called in and whether that cabin with dorner still inside was deliberately burned down or not. yes! one phillips colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips . it s a challenge to balance work and family. that s why i love adt. i can see what s happening at my business from anywhere. 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[ male announcer ] call today and get adt for less than $2 a day. helping protect your business is our business. adt. always there. all right. so until now, a trial we ve been covering with jodi arias on the stand has been more about sex than it s been about the actual murder of the victim in the case named travis alexander. jodi arias admits to stabbing her ex-boyfriend 27 tes and then to also slitting his throat and shooting him in the head, talk about overkill. she says it was all in self-defense. and after seven days on the stand, yes, seven days of listening to this under her own lawyer s questioning, she s starting to talk a lot less about all the twisted sex stuff and a little bit more about all of the violence and how she s a victim and how she compares herself to a helpless little dog. if he were to get mad at you, you would shake? yes. like my nerves, like how a chihuahua shakes, they re just kind of tremble a little bit. a chihuahua with the shakes, it s a very odd comparison, yes, but strategic, make no mistake. strategic to her image and, of course, to her defense. which up until now has been quite easy because it s only her questions doing the asking. let s bring in the legal brains, beth karas, correspondent for in session on our sister network truetv and sunny hostin, former federal prosecutor. i have the tough ladies on today. i have talked at length about how direct examination is the is the easy part. your lawyer coddles you when you re on the stand, and then it changes the dynamic changes when the cross-examination happens. but beth karas, start this for me, will you, when talking about all the sex and the relationship with this ex-boyfriend, is this a strategy to suggest that he was he had some kind of double life as a mormon and elder in the church, but then with her was twisted and she alleg alleges pedophile? is that what this is all about? yes. exactly. and, in fact, they have this allegation that he was a pedophile or at least attracted to little boys and little girls and it s absolutely uncorrobora uncorroborated. it s jodi arias word. that s all the jury has right now. they want the jury to believe that she had this little secret of his and he knew that it would destroy him professionally in his church, in his social circle, if anyone knew. she threatened to expose it. the physical violence escalated to two or three after she learned this and so when her experts testify after jodi arias is finally done, whenever that is, they ll talk about her state of mind and why this overkill. some say you know what, this is overkill of his reputation right now. i m glad you brought that up. sunny, i want you to discuss that part, because seven days, seven days of beating up a victim, you know, a murder victim, someone who is no longer here to defend himself and we re not even at the killing yet, which i need to interrupt for a moment carnival cruise at this point, ladies stand by if you. let s go live to the news conference and listen to what they re saying. the last name is thornt t-h-o-r-n-t-o t-h-o-r-n-t-o-n, senior vice president. it s a long title. just senior vice president, revenue planning. . go. okay. everybody got that. okay. we d like to start by telling you that the carnival triumph now is getting in close position at the sea buoy at the entrance of the main channel coming into mobile. the channel is a long channel. in normal operation, if the ship had normal power and actually when carnival cruiselines used to operate from here in the port of mobile, that transit would normally take three hours. but because of the circumstances of the power of the ship, we re expecting that the transit will take somewhere between seven and ten hours. once the ship reaches the sea buoy and starts into the channel. so we have all of the logistics set up for that, so meaning that the pilots bring the ship in are going out to meet the ship, we actually have cows t tom customs and border patrol agents going out to meet the ship which will help us expedite the process and our first response team from the carnival organization going out as well to meet the ship and to transit with the ship coming in as it comes in. i just want to caution everybody, be very clear, this is going to be a long day. this is not a process that s going to happen fast. there s no way we can actually speed up the process to get the ship alongside sooner. so just understand that it s going to be a long day as we get the ship alongside but we re making every effort we can to get the ship alongside here in mobile as quickly as possible. yes. what our plan is for today in terms of updating all of you, we ll be out periodically as we have more, new information. as of this point in time we don t have anything more to tell you other than the logistics we re talking about right now, but as we have more information, new information for you today, we ll provide that on a periodic basis as we go through today. you said they re close to the buoy. how close? i don t have that information. but it s relatively close at this point. and right now, what s the estimated time for docking? well, as we said, the ship is close to the sea buoy. once it reaches the sea buoy it will be a roughly seven to ten-hour transit. and at that point in time the ship will be alongside here at the cruise terminal in mobile. will carnival pay for rooms for people here in mobile for passengers who want to stay? let me finish the comments and come back to what we re doing for the guest logistics. part of that was in the information you ve received already. i ll come back to that. i just want to two over a couple things that we wanted to update you on that we ve done since we ve done our last carnival statement. an update. so we have mobilized about 200 of our carnival staff that are here in mobile to assist the guests and our crew and the operations and logistics here as well as what s going to happen later on today. we fully coordinated the whole process with the coast guard, with all the authorities, obviously the city of mobile, with the port here in mobile, and we ve got all that coordination well under way. we have delivered additional provisions to the carnival triumph that happened last night and the ship is in excellent shape now and will be fully provisioned to provide all the food services for the guests certainly by the time the ship docks later this evening. we did also deliver one additional generator to the ship and this generator was helpful mostly last night in providing some extra power and allowing us to provide additional hot food service. so the guests had a better, improved meal service last night because of the addition of this generator. so i thank you all for your time and as i said, we ll be updating you periodically through the day. could you just address that question, many people have wondered why is it that they have to get on a bus in new orleans when you could provide them with accommodations here according to the officials of mobile. let me answer the first question first and come to that question. what is happening with guests? i think we have updated this in our statement before. so everyone understands what s happening with guests today. as they come off the ship today they have two options really that they ve already kind of told us which one they wanted to do. most of the guests will be boarding motorcoach transportation, going to new orleans, to stay in a hotel tonight to get a hot meal, to relax, and we ve arranged for a very large bank of charter flights for friday that will take them back to houston. and then the ongoing transportation for them from houston, if they have their car parked in galveston, we ll be providing that transportation to get them back to their car. no plans to stay in mobile. the second option that people had was if they needed to be home right away, we have arranged for motorcoach transportation for them to leave directly from mobile and proceed directly to galveston or to houston. and that service will be provided for people that want it. we have the numbers of people that needed to do that. now we ve also accommodated, if plans change and guests come off the ship and want to do something different than they planned, we have plenty of capacity to allow them to go on the motorcoach or allow them to go on the hotel situation and so we ve got extra capacity in case people change their minds as they come off the ship. let me come back to tonight because we had heard if it arrives after dark it won t be allowed to come in. our understanding right now the ship will be alongside this evening. even if it comes in after dark? well, the ship will start in as they said very shortly. we re at the sea buoy. the ship will begin the transit during daylight hours. is there any possibility if it arrives after dark it will be held off? our understanding is that will not happen. let me [ inaudible ]. why not do it four days ago? let me address one question at a time, please. i ll address your question relatively to mobile. the question was, why didn t we stage all of this hotel operation and air transp portion from mobile air transportation from mobile? the answer to that is, when we had our logistics expert look at what the air charter requirements were going to be and the number of people we re going to move and the size of the aircraft that we were going to need, it was not feasible for us to do it here in mobile. the new orleans airport was the best facility for us to arrange that. and to make that happen and it was not feasible here in mobile. here in mobile, we will have a lot of ongoing commerce for the city in the sense that we re going to have hotel needs for our crew, we re going to have suppliers and other things that will be needed to be accommodated here in mobile. there will be commerce related to this operation for mobile. it was not logistically feasible for us to do the air charter operation from mobile. so has there been any injuries or fatalities on board? there you one report of a fatality on board the ship. is that true? there has not been any fatalities aboard the ship. injury? illnesses aboard the ship? there was one illness aboard the ship early on and that was a patient that had a preexisting condition with dialysis. that patient was taken off the ship on one of our sister ships the elation and transferred to a medical facility and taken care of. one more question. one more question. [ inaudible ]. . no information why the ship went out to start with about [ inaudible ] any response to that? i m sorry. the question again, please. families waiting, for their loved ones to come in, have had no information, unable to get information? okay. we have a care team, we call it a care team with carnival cruise lines that s going to be here on-site very shortly to provide assistance to the families, provide them with more information and to take care as best we can of their needs and they ll be on site shortly. they re dressed in a carnival care team shirt logo and they ll be visible and helpful for the families. thank you. thank you very much. okay. wow. talk about being on the hot seat. while standing in front of the press. that was terry thornton in marketing for carnival cruise lines trying to answer as many questions as possible. here are the headlines. port authority president going to speak about the logistics but i think we got the big headline, that is this, that ship, no matter whether it is light or dark, is going to be alongside the dock come rain or shine in about anywhere from seven to ten hours. originally we had heard if it gets to the mouth of the channel, it can t trans it can t cross that channel or at least go through the channel in the dark. according to mr. thornton, doesn t matter, that will be alongside shore in about seven to ten hours. not only that, but they said that they re sending customs and border patrol agents out to the ship now to try to clear all of these passengers just to stop that from slowing the process once they actually get onshore. carnival reps are heading out to join and board that ship as well. he said this is going to be a very long day. i think that s the understatement of the day. but did mention that picture that we showed you of the generator being brought on to the deck by the helicopter, the generator getting on ship actually provided for hot meals that were dropped off as well. he said this ship is in excellent shape now regarding the food provisions and even hot food because of the generator you re seeing in the air being dropped on board. no fatalities, important to note. when we come back, it may be partial steam ahead for that ship, but steaming mad passengers who get off may be headed for the courts. do they have any recourse? that s coming up. i m a conservative investor. but that doesn t mean i don t want to make money. i love making money. i try to be smart with my investments. i also try to keep my costs down. what s your plan? ishares. low cost and tax efficient. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. stop! stop! stop! come back here! humans we are beautifully imperfect creatures living in an imperfect world. that s why liberty mutual insurance has your back with great ideas like our optional better car replacement. if your car is totaled, we give you the money to buy one a model year newer. call. and ask one of our insurance experts about it today. hello?! we believe our customers do their best out there in the world, and we do everything we can to be there for them when they need us. [car alarm blaring] call now and also ask about our 24/7 support and service. call. and lock in your rate for 12 months today. liberty mutual insurance. responsibility. what s your policy? we are following the odyssey of a disabled carnival cruise ship as it tries to make its way to safe haven in alabama. it s being towed to important five days after an engine knocked out power and even worse the ship s sanitary systems, many of that, all in the gulf of mexico. the ship s e ta has been pushed back, seven to ten hours from dry land. you can bet when the passengers get their land legs back some will use them to head straight to the lawyers offices. i m happy to be joined by mitchelle, the lead attorney of the cos sta concordia, that was that ship in italy, a number of deaths in that case. the reason i wanted to ask you to join us on this story, you have been an expert in mariners law which often times is the guide when it comes to what the rights are of passengers on board ships and i can t imagine these people will not want to sue somebody or get something. well in the costa concordia case, we sued carnival for over half a billion dollars, including the punitive damages that we re requesting on behalf of the victims and the families of those that perished in that terrible tragedy. in this case, i think we should end up asking for a billion dollars. there has to be something done to protect these passengers. these people save their money to gop go on the drips this is less serious than the concordia. there s just inconvenience and discomfort on the ship. these are the first live pictures coming into cnn of the ship under tow by i think now four tugboats that have been dispatched to try to get that ship back to mobile, alabama, and may i just say that you cannot tell from the picture, but the speed they re going is about the same as your home lawn mower. so that is a laborious effort, at best, to describe how that ship is coming back into shore. again, search to ten hours until it makes its way past the 50 plus miles it still needs to go. again, i just want to touch op this issue on this issue, with concordia, when you have wrongful deaths as alleged by those who are suing, it s a different story than those on board this ship in this picture. it s a terrible inconvenience, very uncomfortable, but they have tickets with small print that say you can t sue us for anything, effectively, don t they? okay. just to be perfectly clear, i m actually representing family members who lost relatives on the coka concordia and i don t mean to minimize their losses. sure. 32 people died. right. there s a horrible tragedy. nonetheless it s the same parent corporation, carnival cruises. carnival is the parent corporation of the costa concordia and they have limitations they seek to enforce in these cases. they include form selection causes where people can sue and they also include limitations on damages and i believe and we alleged in our lawsuit ta there s a fraud involved in these tickets. what happens is people nowadays when they purchase these tickets, they don t talk to an agent from carnival directly. they typically go on-line and they click different windows or they go through an agent and the agent, the travel agent, will then go on-line and they ll click different windows and everybody who has purchased anything on-line knows there s a series of limitations and you have to click i agree to go ahead. when we analyze that website after the incident involving the costa concordia it turns out the limitations weren t included on their website. there is a loophole. that may be something that is exercised in this case as well. again, very different cases, but effectively mariners law, tickets with limitations, websites without them. i have to wrap that. thanks so much. i appreciate it. as we watch the live pictures coming in and the breaking news happening. i want to alert our viewers to turn in this weekend. we have a program set up for you, cruise from hell stranded at sea a cnn special that will air sunday night at 7:30 p.m., 10:30 p.m. on cnn as we continue to watch the live progress of the carnival triumph and all of those people on board who cannot wait to make it back. nike, nike dropping an ad featuring an olympic runner who is now charged in the shooting death of his girlfriend. the ad featuring oscar pistorius reads this i am the bullet in the chamber. next we re going to look at how companies protect their brand in times of trouble. our panel will weigh in. teaching begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. which can relieve pain all day with just two pills. new griddle-melts to yourime usual breakfast sandwich. a lot more flavor. 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[ anouncer ] compare new griddle melts yourself. just $4.99. it s an epic breakfast sandwich. meet the 5-passenger ford c-max hybrid. when you re carrying a lot of weight, c-max has a nice little trait, you see, c-max helps you load your freight, with its foot-activated lift gate. but that s not all you ll see, cause c-max also beats prius v, with better mpg. say hi to the all-new 47 combined mpg c-max hybrid. then you re going to love this. right now they re only $14.95! wow-a grt deal just got a whole lot better. hurry. $14.95 won t last. live pictures coming in to us, some of the first pictures of the carnival cruise triumph as it rolls into 60 miles away from port. you can see some of the passengers who are out on their balconies now wrapping themselves in what looks like some of the bedding because while they were in tropical temperatures, those temperatures have dropped precipitously as they get closer to shore in the gulf. look at that. you can see them all wrapped up on deck. the temperature in mobile, alabama, i think the low today was somewhere around low 60s. it could be somewhere around 63 degrees as the tugboats tug the triumph in all of its 900 feet and 14 stories in to shore. again, these are some of the first pictures live coming in to cnn from our helicopter, cnn exclusive for you, to see the progress of this ship as it makes it into shore and the headline, it will make it into shore, no matter what has been reported prior. the company has made a decision, dark or not dark, it is going to be going through that channel with those tugboats to make it dockside, hopefully between seven to ten hours. those tugboats working laboriously but it is a sluggish pace, make no mistake, they are going as fast as a lawn mower, about six to seven knots. if you know knots, that s not much more than miles per hour, somewhere around seven miles an hour. it is slow and some of the signs that have been hanging off, they re not in your image right now, but some of the signs that passengers have been hanging overboard have read please help us. that s quite something. the carnival corporation is spending its is sending its representatives out to sea to meet up with these tugs and the ship. you can see the supplies on the tugboats and the workers also alongside that ship, but the customs and border patrol agents will be meeting up with the ship and carnival executives. please help us, help is coming. it s just slow and painful and clearly the darkness. we ll take a quick break and we will be back with you shortly. vs optimizers. how? by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there s no stopping you. we are tyco integrated security. and we are sharper. the battle of bataan, 1942. 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[ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa s commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance quote. usaa. we know what it means to serve. try align. it s the number one ge recommended probiotic that helps maintain digestive balance. stay in the groove with align. need help keeping your digestive balance in sync? try align. it s a probiotic that fortifies your digestive system with healthy bacteria 24/7. because your insides set the tone. stay in the groove with align. the live pictures of the helicopter hovering aboard one of the tugboats that is pulling that cruise ship that s been stranded the at sea, the carnival triumph, stranded in the gulf of mexico. it left a week ago on what was supposed to be only a few days at sea. but for five days, they ve had no power, very little air conditioning, if any, very little sanitation. food has been at a, you know, a pretty tough get. some people hoarding it. and terrible stories that have come from passengers who have been on board. it is getting close to land, though. as it is under tow, let me go live out to the ship. i believe that larry porray, who is traveling with his daughter rebecca, and we actually interviewed rebecca s mom yesterday, larry, can you hear me? yes, i hear you fine. how are you fine. how are you doing out there? how are things on board? it s pretty chaotic right now. we re trying to fiend out what the plans are and what time we re actually going to be on land. and what are they telling you? well, at first they told us about 6:00 this afternoon. and the last word we just got was 11:00 tonight. we don t know. and we re told that you re being being supplied with additional food and that a generator was on board heating up the food, in fact, one of the vice presidents of carnival just held a news conference saying that the conditions are improving. is that what you re seeing as well on board, larry? well, after six days, yeah, it s finally improving. but we just got hot food yesterday. and what about the sanitation? there have been horrible reports. even one from your daughter, rebec rebecca, and allie as well who is carmel taylor s daughter, we talked to both of their moms yesterday. they said that their daughters reported that they were being asked to use plastic bags to go to the bathroom and there was sewage on the hallways and the walls. is that what you witnessed as well, larry? yes, we were told to use plastic bags and tie them up and put them in the hallway and they d pick them up. and once the commodes got full to use the shower. and, of course, when they got full, the boat would tilt one by or the other with the wind, it would slosh out on the floor and then run out in the halls and soak up into the carpet. bewe know the stabilization system, you know, it s got to be powered, so when the power went out, the stabilization system was compromised and the ship was listing and that s what you re saying, as the ship continued to tip and list, that the sewage would would slosh about, is it just the cabin? is it the hallway? is it everywhere? is it just in small areas? well, i mean, it runs down the wall from one floor to the next. it s running out of somebody s bathroom out into the hallway all the way across and because we re sleeping in the hallway, you know, you ve had to my friend carmel actually had to change his mattress out for another one because it was laying in raw sewage. oh, lord. it s not been good. larry, i m seeing passengers, we re seeing a live picture of the ship you re on right now as you re speaking with us. and some of the passengers are wrapped in blankets. some of them are hanging signs off of their balconies, one report a sign said please help us. yes. it sounds like you are really and truly in a desperate situation. is that what you re feeling as well? there have been times when it was just so scary, you know, we did all we could to keep our daughters calm. are your are your daughters okay? one of them reported larry, one of your daughters reported to her mom that she was truly terrified and that was the last communication. i don t know if it was your daughter rebecca or whether it was carmel s daughter, allie, but that was the last communication they had. and that was i believe sunday. well, they were both crying they were so scared. and, you know, we re trying to tell them, there s nothing to worry about. and as soon as we get them calmed down, the electricity goes off and the doors slam shut locking all sections and it s, like, everybody gets scared then. why did the doors wham shut. they are huge heavy doors and nobody tells us until later that, you know, electricity malfunction, you know, the emergency electricity went out. larry, we re watching all of a sudden it went from bad to worse. we re watching as one of the helicopters is hovering above your ship where you are right now. dropping something on deck to some of the crew who are up on deck as well. and it looks as though a lot of passengers are in the background watching all of this. have you been able to witness some of these emergency operations when they bring food and supplies and the generator via these hovering helicopters to the ship? have you witnessed this? yes. yesterday we saw the helicopters, you know, land, you know drop bags full of supplies and they would go out to a cargo ship and fill it up again and drop back nets full of spli supplies. we ve had several carnival boats that would drop food by, stop by, and it would take four hours. and another couple of ships that would give us food. it was because one of those ships had cooked it on theirs and transported it to us so we could eat it warm over here. so, larry, it sounds at the very, very least despite the desperate conditions that you re having to endure there that you are getting information or you re at least able to see some of these rescue operations, i m not sure what i m witnessing right now, there s a basket being lowered from a helicopter onto the deck of the ship you re on. i don t know what s in it. i don t know if it s medical or if it s something else, but you re at least getting some kind of information from carnival, is that accurate? are or do you feel like i hate to say left in the dark given the situation you re in, but do you feel adequately informed? we re definitely not adequately informed. we ll get information and all of a sudden telling us by 6:00 this is going to happen or, you know, seven miles away be got a tugboat. and it s hours and hours late, the information they tell us hey, you know, 6:30 this is going to happen or it s midnight before something happens. here we are looking for hope, hey, 6:00 it s going to get better and 6:00 comes and goes and all of a sudden an announcement at 8:00. well, we re running a little behind schedule. it s, like, no joke, you know? so and then, you know, there was a scare yesterday or the day before running out of water and, you know, people were starting to get concerned as to, you know, hoarding water. we may not have water so it s been not i can tell you this, this literally happened live on our airways before i came to you. we are looking at the shim and signs being hung after the aft of the ships hung over the balconies, signs i cannot read, but you can see them waving at our cnn helicopter hovering live over this ship. by the way, larry, where on the ship are you? are you at the stern, are you midship, are you at the bow, where are you in the roughly 14 stories? we re right in the middle in the casino area and that s where all the information s been given out, and you have to line up to sign up for this, or sign up for that. this whole cruise has been about getting in line and waiting for something. we just got out of the line about how we re going to get off the boat and there s another line about anything that you purchased and you got to run through customs, you got to go through that line and every time there s food, there s a two- to three-hour line there. to the bathroom there s a line. it s just ridiculous. well, we got word from terry thornton who is with the carnival cruise lines the vp who say it may not be until midnight, you may get relief before then. he said leave on our air it should be between seven and ten hours before you get dockside in mobile, alabama, that you will be landing dockside sometime between the next seven to ten hours, so hopefully that s a bit of a relief. can you tell me about the temperatures? i know it was very hot, and now you re going into some colder temperatures. what s that like right now for you? right now, it s cold. you can t go out on to the deck. we re all outside and everyone is forced inside. when we broke down sunday night when the fire and everything, everybody went outside because it was so hot inside because you couldn t stand to be inside. you couldn t stand in your room. you couldn t stay inside. everybody went outside. and whenever the cold you know, we got here to the cold where it s forcing everybody inside and they re wearing bathrobes to try to stay warm, you know? so, it s tricky. i m speaking live with larry poret who is a passenger on board the carnival triumph. he is speaking with me live as a helicopter, one of the contractors, hovers over above the top deck of the ship. larry, is there any possible way i know you said you re midship, is there any way that you can get to an