this this may be tough for viewers to walk. it is limp people carried in a hospital. and it is a blood loss and cut through this. and we can't independently confirm the video and it is way too disturbing and including images of toddlers and possibly dead children and lifeless bodies lined up on the floor and hearing eyewitness accounts of people foaming in the mouth and convulsing. leland viters has the latest on this. >> hi, shannon, late tonight upwards of 1,000 people died in the latest chemical weapons attack outside of the capitol. there is no way to independently confirm that. it is too dangerous to get inside of syria and you noted when you watch the videos, they are consistent with a chemical weapons attack and a number of videos we can't show you and offering more proof. we look through the videos and you can see a number of people in complete agony here and showing no outward signs of injures and it is consistent with a chemical weapons attack and countless bodies we have seen lined up here from these attacks and that is what the rebels are providing as of proof. syrian regime said these kinds of claims are baseless and the russian government supported them up on this and the timing of this attack is unusual. and right now, there are nation of islam chemical weapons inspectors on the ground and looking into claps of previous chemical weapons attack. it would be a strange time to launch the attack though stranger things have happen in the middle east at this time. and the video we are seeing is a lot worse than anything we saw in the past. what this means for president obama's redline, you remember, a couple of months ago, the redline. and arming the rebels there inside and as of late had not had a good time of it. and taking on bashar assad's time. it is showing bombing runs and them pounded back. and ones that you want to give weapons to are closely associated with al-qaeda and jihaddist groups and the el neutral front. it is hard to give them weapons. it is in the syrian airport and the latest videos that are coming out over the next couple of days will change the u.s. foreign policy in the region. that is yet to be seen. back to you. >> thank you for the update. and not the first report of chemical weaponsoused in syria. and syria state media accused rebels of killing 31 people with rockets. the robles claimed the army was to blame. on april 13th. at least three people killed and internet video of the victims appeared to show consist eps with nerve gas. a canisters were dropped from a helicopter and eight people reported hurt and one of them died. all of this exactly a year after president obama said this about the use of chemical weapons in syria. >> we have been very clear to the assad regime and other players on the ground that a redline for us is we start seeing a bunch of chemical weapons moving around and utilized and that would change my cal can youulous and questions. >> is this latest report the redline and game changer? how do we know and we'll investigate just a head. >> and fox news alert. private bradley manning sentenced to 35 years in prison and getting credit for time served for one of the worst leaks of classified information in our nation's history. manning was convicted of 20 charges including espionage after sending hundreds of thousands of documents and battlefield information to wiki leaks. prosecutors asked for 60 years. peter doosy joins us live from maryland with more. >> shannon, the newest detail for you, manning left fort mea d e and processed for an hour and that processing followed a quick sentencing hearing this morning and the judge army colonel walked in and said that court was in session and told manning that he was sentenced to 35 years in prison. and demoted from private first-class and he must now forfeit all pay and he will be dishonorably discharged. the next step is an automatic review and lawyers will look at every detail from start to finish to see if an appeal is necessary. the review can make it better for manning and not make it worse. but manning has the right to waive that review. manning will be required to serve one- third of his sentence before considered for parole in the military prison in fort lea ven worth in kansas. it is only ten years more than manning's lawyers wanted. 25 years, a quarter century less than prosecutors for the united states government thought was fair for manning. he will get credit for three and half years toward that 35 year sentence and we are going to hear from his defense team in a hotel up the rod here in maryland. prosecutors are not going to speak. the court asked if they wanted to talk to reporters and they did not. >> by the way tis a lot less time that manning would have thought to get. what happens now and the appeals does he have? we'll talk about that in about a half an hour, stay with us. >> new concerns over obama care as a major u.s. employer announces plans to drop thousands of people from the medical plan. ups will no longer offer health insurance to employees who can get it elsewhere. it is the high profile company to make that decision. it said that obama care is partly to blame. it is too expensive and starting next year 15,000 people will be off of the plan. >> the editor and host of power play. >> and chris, every day, at this time, ups very specifically pointed to the law itself. no guessing naim game and that's why they are doing this. >> it is a further deflection of the disdain that unions have for the law. ups is heavily unionized. and since the self contained union health care plans suffer badly under the law, they are trimming their sales and saying if you are a nonunion employee, don't expect to bring your spouse in the plan as part of the contract, they will trim it down to just the union folks. it is a complaint that it is bad for them. the white house hasn't responded to request for changes and dismissive of cadillac plans and somebody like ups, one of the ways you get people to work in a job is by offering good health insurance and membership in the unions. if you don't have that to offer it is not so appealing. analyst who are watching say this is part of a trend that will continue and grow and as long as people have options and the spouse is employed elsewhere, they can go to exchanges and go to all sorts of places. this will forcine more people in the exchanges whether that is where they want to go or not. >> cascading affect. and 15,000 people will go to their employer's health insurance and dow to the -- due to the rising premiums expected to go higher under the law, they may decide it is to the for us. we'll make a change and move them part- time or dump them on the president's health exchanges or all of that stuff. there is a cascade affect as bigger employees reconsoil themselves to the realities of the law. there will be cascading affect as people have to deal with the fallout. >> i thought it was interesting, another analyst who studies the industry say it is bad for women. women tend to have higher insurance costs and companies will look and say it could be male or female but the boomerang affect hurts women more. they want to get them off of the books and that sends them elsewhere. so bad for women? >> when the law was first conceived and the execution began. when ever complaints rose about the law. we heard about bumps in the road and glitches and those things. they were problems that existed when law makers were trying to cram and jamb these things through. but as reality sets in and difficulties occur it is not on the drawing board and you have women losing health insurance for a party that predicate its on republicans hate woman, it is not helpful a head of midterms for goodness sake. >> and you can hear it earlier if they signed up for the hottest fnc- stories in your in box. chris is the author as well as others. go to fox news.com/fox news first. click the button you are good to go. don't miss it. >> strange twist in the kidnapping and murder case involving hannah anderson, with the family of the dead suspected kidnapper is claiming about hannah and her brother who was also killed and the cold- blooded murder of this young man is sending shockwaves around the world. three teens charged of killing the college athlete because they were bored and just for the fun of it. we'll talk to dr. keith a blow with the suggestion that someone could kill someone out of boredom. >> we lost something that will not replace. it takes a village to raise, and chris was a part of the product of a fantastic village. ♪ you like to keep your family healthy and fit. and now there's a new way to do the same for your dog. introducing new purina dog chow light & healthy. it's a no-sacrifices, calorie-light way to help keep him trim... ...with a deliciously tender and crunchy kibble blend he'll love... ...and 20% fewer calories than dog chow. discover the lighter side of strong. new purina dog chow light & healthy. ♪ you're not made of money, so don't overpay for at insurance. geico, you're not made of money, see how much you could save. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. new creamy alfredo soup. we provide the exact individualization that your body needs. this labor day, don't invest in a mattress until you visit a sleep number store. once you experience it, there's no going back. oh, yeah! at our biggest sale of the year, every bed is on sale. queen mattresses now start at just $599. and save an incredible 40% on our limited edition memory foam mattress sets. only at a sleep number store. sleep number. comfort individualized. >> you are looking at video out of syria and opposition groups say that is the aftermath of a chemical weapons attack that injured or killed a hundred people or more. estimates go higher. this is just the latest of possible chemical weapons attack this year. another one in march said to kill 31 people. these are the kind of attacks that president obama called the redline for the white house. >> a redline for us is we start seeing a whole bunch of chemical weapons moving around and utilized, that would change my cal can youulous. >> the use of chemical weapons is and would be totally unacceptable. and if you make the tragic mistake of using these weapons, there will be consequences and you will be held accountable. >> the broader point is, once we establish the facts, i have made clear that the use of chemical weapons is a game changer. >> by the way, the white house briefing going on about syria. >> to access the site why chemical weapons may be used and allow them unfettered access to those witnesses and physical samples without manip always and insure the security of the team as they do their work. the united states will be consulting with our allies and our partners on the united nation's security counsel with this. this is a top priority of the united nation. >> what about the u.s. policy that makes assad feel threatened. >> this is not only u.s. policy there is a broad agreement. >> what about the international community that is threatening to him at this point? >> i can't speak to what he fines threatening. we condemn the use of chemical weapons and you are right, we said before there was an intelligence community assessment that chemical weapons are used that those individuals responsible for safe gaurgd the chemical weapons would be held accountable in the way they are handled. there is a range of consequences for the actions of possibly taking place. >> what are the consequences and how are they held accountable for the first incident and given a hard time figuring that out. why are they taking the action again? >> it is hard for me to speak to whether or not they feel threatened, but there is a broad international view that the use of chemical weapons is completely unacceptable and even people who disagree with us on the aspect of our policy to syria should be able to agree that the use of chemical weapons is unacceptable. and should be able to support a robust and impartial credible investigation that chemical weapons may have been used. how this is going to affect our policy, it will involve our consultation and we are providing assistance to the opposition and syrian and military council. the united states is a large donor of humanitarian. >> you are listening to the syria and talking about new allegations and the use of chemical allegations there and we'll bring in brook goldstein who serves as director of the project. thank you, brock. >> you probably heard that. it doesn't sound like it changed with the administration's policy. the president said chemical use weapons is a redline. where does the white house go from here? >> it is hard to say, because as you are mentioning. we have talked in circles over the year. i am not sure our foreign policy. is it drawing firm redlines or reducing the military intervention. do we stand for humanitarian aid or like a paper tiger. we have britain, we have france, and israel all come out and people in the intelligence community confirmed that chemical weapons are used 13 times and we as a country have not said anything in terms of what our policy is when indeed they are used. it is all empty word sxtz real danger is that the chemical weapons are going to get in the hands of the rebels who are aligning themselves with al-qaeda and a lining themselves with the muslim brotherhood and passage to iraq and those chemical weapons see they can be used with impunity. >> today the white house strongly condemned all use of chemical weapons and urge that the united nations investigate the situation. un inspectors are in syria. but my understanding of the policy and top lead investigators said syria has to agree to the investigation so how can it be? >> the united nations is the mother of all inefficient bureaucracy. un officials are on the ground trying to inspect whether or not chemical weapons are used monthsing on. it would be easy for them to come and where they are used now and yet they will not do it without syria's permission. it is not going to happen. if we sneak journalist in syria why not sneak foreign intelligence officers to test and make a confirmation that chemical weapons are used? >> thank you so much. back after. this. ask me what it's like to get your best night's sleep every night. 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[announcer] tempur-pedic owners are more satisfied than owners of any traditional mattress brand. tempur-pedic. the most highly recommended bed in america. buy a tempur-pedic mattress set and get a free twin tempur-simplicity mattress. find a store near you at tempurpedic.com. >> a very strange twist in the hannah anderson kidnapping. police say james dimaggio killed anderson and her son ethan before kidnapping hannah. agents killed him and rescued the teenager and now the members of the dimaggio family believe he may have been the biological father of hannah and her brother ethan. a spokesperson said it is not true claiming that anderson was six months pregnant with hannah when she met dimaggio: a shocking new report on how wide the reach in the nsa is. wall street journal spying on 75 percent of all internet traffic, meaning that the surveillance agency could know a lot more about us than we thought and another privacy issue. an appellate court believes that police can track your cell phone without a warrant. hello, doug. >> hi, shannon. back in april 20thlen two scientist discovered that the apple iphone and ipad were recording the locations in a hidden file. at that conference, they showed how apple could cope a history of it that lasted a year and a week later apple announced major changes. it would be limited to a week and not transferred to a computer and users could delight all locational data and it would be encrypted and said the company had no plans ever to track users. but many questions remain. the washington post editorial this week. if the police arrest you, do you need a warpt to rifle through your cell phone? >> they are split on this question. the obama administration asked the supreme court that the fourth administration allows warrantless cell phone searches. it is legal for law enforcement to track somebody's movement through the cell phone without getting a warrant. critics say that is just wrong. >> the constitution doesn't allow for a single warrant to get a billion phone records. they have a warrant that wants all of verizon's phone calls and all of at&t phone calls and et cetera and they are looking at all cell phone calls in america every day. >> so hopefully the supreme court will rule on whether or not the fourth amendment applies to the cell phone data. if you are concerned about being tracked through the cell phone, best thing to do is don't oen one and power it off when not using it and take the battery out of. it >> how would we survive, doug. i will send you a smoke signal. thanks, doug. >> bradley manning receiving barely half of the sentence prosecutors wanted. we'll debate whether the punishment fits the crime and the precedent it sets. tragic death of a young man sending shockwaves to two countries nearly a world apart. three teens kill just for the thrill of. it the outrageous idea of someone killed simply because they are bored. and thousands of small business owners asked to pay back millions of dollars after the state changes its mind of a promised tax break. >> thousands of investors received a financial shock of their lives when they opened the mail and saw the tax bills ranging from tens of thousands to over half a million dollars. ine though they followed the law that was written at the time. >> developing now out of fort hood, the defense rest in the court martial ofna dill hasan. he decided not to call witnesses or testify in his own defense. the army psychiatrist admitted killing 13 people and wounded dozens other in the military outpost in 20019. casy segal has more. nhello, shannon. several military analyst predicted this. hasan participated very little in the entire proceedings. out of the 90 witnesses called by the prosecution, hasan only cross examined three of them and opening statement lasted two minutes and so it is not your typical defense obviously. and what did come as a surprise, the prosecution not ready to begin closing arguments and the government requesting more time in fact the entire day. the judge dismissed the panel and ordering them back first thing tomorrow morning. the judge didn't look happy about that saying she was going to continue working and preparing the instructions for the panel. and there was also discussion over tacking on less included offense. attempted voluntarily manslaughter and attempted assault and unpre-meditated murder. and a little bit confusing there and no ruling has been made on that. we have in 39 a- sessions scheduled for today and where all of the parties are present but without the jorand in those sessions with the lesser included offenses are ironed out and only thing if we continue running as they are saying now. closing arguments scheduled for tomorrow morning, shannon. >> we know you are on it, casy, thank you very much. back to our top story, army private bradley manning sentenced to 35 years in prison this morning and for giving hundreds of thousands secrets. and battlefield video to wiki leaks. it could have gotten 90 years behind bars and why did he get what he did get. joining us a fellow in the u.s. coast guard academy. thank you for your time today. great to be here, shannon. >> how does it work? the judge has a lot of leeway in deciding how many years behind bars and credit for time served as well and close tore 30 at this point? >> that's correct. he could have had 90 years in prison. the prosecution argued in favor of 60 years and what he got was 35 years, and you want to send a signal to the rest of the world that this is unacceptable. i am not certain 35 years is enough to send it to military members and world that this is an atrocious act committed by a low level in the united states army. >> we have some of his supporters including the folks at wiki leaks calling it a victory. he will be eligible for parole in less than nine years. >> he gets a chance to a pole the sentence. in the military justice sentence we have an appellate and he can appeal to army court of appeals and then a civilian federal judges and sieve villian over sight. and then he could go to the supreme court. >> his appeal would be lesser time. could the judges or examining bodies said we think you could get more time? >> no, they can not. it is an opportunity to decrease only. and more than likely or not vacate or dismiss the charges, unlikely to happen. i expect him to have a parole hearing eight and half years and i want to make it clear, 35 years by the judge was taken into consideration in a military brig and that is not a easy sentence. it may not be as severe some wanted to to enact deterrents and leaking ability of a low level private for the future. >> you think there will be other young folks in the military who may make a calculation with wiki leaks and others that that is worth the risk to them to expolice what they see is as a wrong and dump thousands of documents and i will be out of jail eight and half years. >> it will be eight and half years it may not be possible. we hope he would be held 35 years. and certainly looking at it regardless of high level or low level. 35 years is significant and perhaps not the 60 that the prosecutions worked for to get. it sends a level of deterrents and might be activity to get others to get involved in the leaking of sensitive documents. in this case it was outrageous leaking. state department cables and what is going on in guantanamo bay and videotapes of actual activities by the armed forces. it was outrageous conduct and i hope they don't look at it as a good thing to do. >> wiki leaks calling it a extra temgic victory. thanks for your time. >> thanks for having me, shannon. >> croisis in california. we learn that small businesses have to repay money they got from tax breaks they promised. it was the law. what are the other states going to take from this and what does it send to small businesses. and brand new details in the bizarre death of an award winning journalist and a college athlete murdered because the teen suspects were "bored" dr. keith a blow looks in the minds of men and tries to explain how anyone can do something like that. >> it was senseless. it was not anything he did or could have done. he was an athlete going for a jog like he was doing and he followed six days a week in his training schedule. it happen and it is wrong, and we just trying to deal with it the best we can. now information on the death of an award winning journalist. michael haftings was killed in a fiery car crash in june saying that the fbi was investigating him. haftings had traces of marijuana in his system when he died. his family said he recently relapsed turning to drugs after 14 years of sobriarity and they were trying to get him in rehab. he covered the wars in iraq and afghanistan. he wrote an article for rolling stone that led to the resignation of general stanley mccrystal. >> trying to understand the insanity. you know. you can worry yourself and if he left five minutes earlier or late. all of that stuff. you worry yourself silly. it is the fact of something that happen and has happen and the fact that somebody we all loved so much is not going to come home. >> a father trying to come to grips with the senseless death of his son. and the cold- blooded murder stirring outrage across the gloevenlt three teens targeted chris lane for the fun of it. the young australian was a baseball player living out his dream. he visited his girlfriend's family in duncan, oklahoma and on a jog when tones randomly targeted him and killed him because they were bored. two teens are charged with first-degree murder and the third as an accessory and the question is why and how this can happen. joining us now dr. keith a blow. good to so you today. i don't know where to begin with it. the police officers said we didn't have going to do and bored and saw him go by and picked him and shot and killed him for no other reason than they were bored. >> they may say it is for no other reason and they were bored. but as a forensic psychiatrist everybody i have evaluated there is a much bigger reason and we will find that for these three young people relatively young people they were, too, were laboring under psychiatric pathology. it doesn't excuse what they did. but does alert us again that the mental health system doesn't pick them up when it needs to. we could get these kids identified and make it less likely. >> but, doctor, how likely it is that they had a psychiatric snap or mental illness or impediment that was not picked up. all three? >> it is interesting, sometimes in the law and in forensicencic psychiatry. they did it as a joint venture and means they found one another because they lacked empathy to begin with and exercised this horrible act and committed the horrible act because there was no impediment and no one said no or called the authorities. sure, the three of them are disordered, we just don't know in what way and in any way that should give them cover from the legal system, but the bottom line, are they normal? no, they were not just bored. that's crazy. >> here's what we hear. the sister of one of the suspects that is charged with murder, the third is not at this point. i feel if the community would pull together and be there with young people and help them, this coined of stuff would be prevented; is it that simple? >> i am not sure it is that simple. it is complex. we have set aside all attempts almost to identify and render useful treatment to those among us prone to violence when we know for sure much of the rots are psychological and psychiatric in nature and preventible. his sister is right in this way. we have torn apart the safety net that would stop horrific acts of violence from occurring because we decimated the mental health care system. it is nothing to do with drugs, but the fact we have left aside any attempt to protect ourselves from random violent acts. they we have the statements that police officers give us. they are growing up in a life that is so devalued it means nothing. who knows? we don't know if they are playing video games and shooting three hours a day and it was numb to them. there were so many decisions that happen and so many levels that community the message that life doesn't mean anything. >> we do have an epidemic of disconnectedness. we have people saying they have hundreds of friends on facebook and they are not friends and we have people text messaging and they are not reaching out to anybody because they are sending thoughts and feelings in the air if you will. we have people on second life.comadopting new identities and we have a culture that is cheapening role life and cheapening life in general and if you can't outlaw third trimester abortions in every state you have a answer to why people don't take life seriously. in these three cases, we'll learn open of them had a psychiatric disorder of a severe variety and the mist row will go away. >> one of the alleged killers in this case, on his facebook he wrote bang, two drop in two hours. whether that is connected to this case or not. why would you be on facebook bragging about that if you are mentally okay? >> number one he is not mentally okay. you are on facebook bragging about that. because facebook is the final common pathway for people acting out in life. and some of the people acting out their sexuality. and other people are acting out how happy they are by posting all of the ridiculous pictures and one is competing against the other and facebook is grouped 0 in the battle to either maintain our identities or let them go into the web and these throw became nonpeople with no feelings for others and i wouldn't be surprised if they were big users of facebook and other things internet related. >> for one of the so- called most civilized countries in the world we are civilized. >> thank you for your insight. >> take care. >> we mentioned they are charged as adults. our legal panel will tell us what the case what happens as the case moves forward if killing for the thrill is the motive. disturbing images out of syria suggesting claims of gas attacks could be true. could this breach of the president's red line force the u.s. to get more involved. and what was supposed to be a dream vacation to new york and how good samaritans and one tv celebrity may have saved her life. new information on a horrifying accident in new york city, a taxi flying onto the sidewalk crushing a tourist. brand new information on the taxi driver and heroes who may have saved the young woman's life. julie has all the details. >> the accident apparently the result of road rage between a taxi driver and bike messenger. in the midst of it all, dr. oz, who came rushing down after hearing the commotion from his rockefeller center office. the cabbie first knocked into a cyclist, sending him over the roof of his car and ran over a british tourist, severing her right foot and nearly severing her left leg. she was walking with a best friend eating a hot dog. the pizza truck owner grabbed the severed foot and put int the same hot dog ice cooler where she just bought her lunch. the hero was a plumber by the name of david justin no who applied a belt as a tourniquet. >> i turned my head, dr. oz was there. oh, dr. oz, what should i do? he said, you're doing it. >> there was a dog leash and a belt. it may be two mundane things you wouldn't think of. they saved her life. between the two of them, we were able to stop the bleeding because you don't have much time. >> she was transferred to an area hospital. the father tells a british newspaper she is in recovery after doctors had to amputate what is left of her foot. he is flying to new york to be by his daughter's side. the biker suffered medical injuries and refused treatment on the scene. as for the driver, you don't want to get in his cab, cited for several moving violations and speeding and a crash that left one person injured. luckily at the time of yesterday's accident he wasn't carrying passengers. horrible accident and possible chemical attack from syria. what needs to be the possible reaction from washington? live from the white house. and in california, the state is telling small business owners to pay back millions of dollars in tax breaks. and they had followed the law to the tee? 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[ male announcer ] new alka seltzer fruits chews. enjoy the relief! ...and a great deal. .] thanks to dad. zer fruits chews. nope eeeeh... oh, guys let's leave the deals to hotels.com. nice bear. ooh that one! nice. got it! oh my gosh this is so cool... awesome! perfect! save up to 30% plus an extra 12% off with coupon... now until labor day. only at hotels.com we provide the exact individualization that your body needs. this labor day, don't invest in a mattress until you visit a sleep number store. once you experience it, there's no going back. oh, yeah! at our biggest sale of the year, every bed is on sale. queen mattresses now start at just $599. and save an incredible 40% on our limited edition memory foam mattress sets. only at a sleep number store. sleep number. comfort individualized. we begin with the fox news alert. let's get you up to speed on a fast developing story we have been following closely the past few hours. allegations of a deadly chemical weapons attack in syria. this is a brand new hour of "america live." i'm shannon bream in for megyn kelly. we are just getting reaction from the white house daily press briefing. the administration is calling for an investigation but no reaction whether there will be a response from the u.s. and we know france and others are calling for the u.n. to investigation and there are inspectors there already anyway. ed joins us live. hello, ed. >> reporter: good afternoon. the significance, this is yet another possible case of the syrian regime using chemical weapons against its own people. why is that significant? the administration a few months ago already said they believe in fact syria had used chemical weapons on one other occasion against its own people. think back to one year ago this month the president said two very important things. if chemical weapons are used by the syrian regime, that would cross a red line for him and change the calculus and be a game changer and be enormous consequences. we now have the administration saying a couple months ago chemical weapons were used and notice we have a second case of possible chemical weapons. the question over and over from myself to other reporters to josh ernest, what are the consequences the president talked about? how will the syrian regime be held accountable. one reporter asking does the administration look weak because he hasn't followed up with reaction against syria. >> we have talked about our assistance that those responsible for the handling of chemical weapons will personally be held accountable for the responsibility they have in the handling of those weapons. >> it's been a year since the president made that statement. so you're saying they'll be held accountable. it's been a year. >> well, i -- it has been. and we are in a circumstance where the assad regime is still in power. but you have a large segment of the international community aligned against them. you have the united states of america providing assistance to the opposition. you have the united states of america trying to meet the humanitarian needs. >> you hear the administration there through josh ernest, deputy white house press secretary filling in for jake carney explaining where he has a red line on syria. the republican senator tweeting no consequences for assad, using chemical weapons and crossing red line. we shouldn't be surprised he's using them again, john mccain referring to using chemical weapons again. we should stress it has not been confirmed yet but there is that video that certainly suggests chemical weapons were used again. >> understand there will be a 3:00 meeting of the national u.n. security council. how involved, the white house in its statement and i'm sure again mentioned in the briefing today, they want a formal investigation into what's happened. there are investigators on the ground. syria, by my understanding, has to agree to allow the investigators to go to the spot and question. any position from the white house on that? we know they're calling for an investigation. >> they are trying to let the u.n. take the lead. josh ernest was asked about that. susan rice the former ambassador to the u.n. now the national security advisor inside the white house, replaced by samantha power another long time close aide to the president. they're both working on this intensively and var 84s officials like rice have been on the phone. the key before the u.n. security council is getting russia to support action against syria. our allies have not been able to get russia to come along and push syria on this previously and no indications they will get them now. the key is, if there's more evidence that piles up and piles up maybe you see u.n. security action down the road. with the president a year ago this month saying that would be a red line for him, regardless what the u.n. does the u.s. would take some action. we haven't seen that beyond aid and some arming of the u.n. rebels but we have not seen that from the u.s. >> thank you. an extreme weather alert on huge wildfires erupting all across the western u.s. from montana to california, even in alaska, more than 40 large uncontrolled fires are straining resources costing upwards of a billion dollars to try to fight. adam is live in our west coast newsroom with more. hi. >> we're smack-dab in the middle of the fire season and fires burning from alaska to arce. we start out with the fire near yosemite, this so-called rimfire burned 6,000 acres and it is very difficult. 5% containment at this hour. good news, it's not really threatening homes of substance, mostly cabins and outbuildings. the conditions very difficult. some areas they can't get into. they're having to use planes. highway 120, one of the main accesses in and out of yosemite. and it's racing through the pine forest and the drought has been difficult so far. more than $1 billion has been spent to fight these fires. the most spent has been $2 billion and we have more to go. there's also another famous fire, yellowstone, 4 to 500 acres burned there. one of five fires burning inside the national park. one burning there, that you see, called the allen fire, they're worried it's burning in a dry deep terrain. difficult conditions. firefighters having to go through this. they'll tell you they're stretched thin. five or six years ago, fire season started in may and went to december but now it extends through the winter. most firefighters tell you fire season is year-round. $1 billion spent so far. we have several months and in california, we haven't seen the massive fires we see when the santa ana winds go through. we still have a couple months to go. >> absolutely. thank you for keeping us updated. thousands of small business owners in california were promised a tax break years ago but they're now being told scratch that. after a court ruling the state now wants those business owners to pay some $120 million in retroactive taxes they were never supposed to have to pay. opponents say this is going to kill small business there while sending a message, you can't really trust the government. >> people need to feel bad in government because it is our fault. we should not impose it on innocent taxpayers. this really goes to the rule of law. the reason we have trade and commerce, have businesses flourish, because they trust the laws as they were written. if the laws change in the forfeitu future, we cannot go backwards and punish these taxpayeres in time because they can't change their answers. >> melissa francis, the host of money with melissa francis. good to see you. this law was passed 20 years ago to give breaks and encourage people to invest in businesses in california. the only reason they're asked to pay five years of retroactive taxes, it's because that's as far as they can go. >> it's heartbreaking. it's a really smart tax break. it said if you're an entrepreneur and risk everything and gamble and hire people and create a business in the state of california, if you succeed, if you profit down the road, we will cut in half our tax on that profit, your cancel gains. there were a lot of hurdles to get there. the state court of appeals came along and said this is unconstitutional because it discourages businesses expanding outside california. due, of course it does, that's the whole idea of the law was to get people to have businesses in california. and hiring. these companies are the lifeblood, who create the net new jobs. this is a big deal. >> what ripple effect does it have about other companies who may not have to fork over to california at the drop of the hat? >> it's true. $120 million for the state, nothing, a drop in the bucket for them. they spend that in five minutes. to these people it means a really big deal. people have to pay a half a million, a million dollars themselves. it creates a lot of mistrust. i talk to small business owners all the time on our show saying they don't trust california. it's too hostile. don't know what's coming next. you can go over the boarder to nevada or texas or florida, somewhere, where they're business friendly and not worth it for the beautiful california and the business any longer because you can't trust the government. this really compounds that. >> how much is california cutting off its nose despite its face. these are real jobs that will leave california? >> it has, there's a mass exodus. the business owners have gotten together trying to find a legal remedy. it was the state court standing in front of them. what would you do if it was you? i might leave the country, i don't know, i would be so frustrated. it's an incredibly frustrating situation. there are employees caught up in this that had stock and sold it. they thought they made a nest egg for embasthemselves and the family buying potential homes. there's a lot of people impacted by this and what you fear from big government. >> some people realizing california has huge pension responsibilities to unions and aren't going away and here the small business person creating jobs is on the losing ends of this. we'll watch and see if they appeal the case and how they do. >> we'll see. >> you can watch melissa on the fox business network every night. "money with melissa francis" airs 5:00s eastern time. new worries about the future of obamacare as there is news the administration is way behind on deadlines that could affect the security of the entire plan that will be handling your personal information and debate whether the administration can recover in time. and debating the release of former president hosni mubarak, the possible effects suspension of aid to egypt could have. violence raging in that country for weeks. the growing legal debate of a college athlete at the hands of three teenagers, police say one admitted to killing this young man for fun because he was bored. we'll look at that baffling explanation to find out if it's found to be the motive behind this crime. >> if you don't hurry, he is gone. >> ma'am, they're coming. okay? i can't make them come any faster. they're on the way. [ male announcer ] this is brad. his day of coaching begins with knee pain, when... 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[ bottle ] the number one doctor recommended brand. ensure®. nutrition in charge™. now to a move that some fear could cause further unrest in egypt. we learn former president hosni mubarak could soon be released from jail. it could happen this afternoon. the obama administration weighs whether or not to suspend military aid. deputy assistant to president reagan and fox news analyst. thank you. >> thank you. >> the release of hosni mubarak, he was tried, convicted and thrown out, all kinds of things still pending, retried for a number of things. what signal does it send? will it impact the current unrest at all if he goes free? >> the egyptians have had two governments in the last two years and every one we welcomed with great enthusiasm until we pulled the rug underneath them. mubarak is one we pulled the rug out from underneath. yonk it makes as much difference as the economic problem. it's the fact egypt is about to starve to death. they are facing food shortages of biblical proportions. that's why the saudis wrote a $12 billion check with no strings attached. go use it and buy food. egypt is the world's largest importer for wheat and if they don't have the wheat, people don't eat. >> when they're upset about a number of things and starving and take to the streets about basic necessities to survive, to me, that sounds like gasoline on the fire. >> absolutely. 40% of egyptian population is world poor and only eat the bred the government gives them. and a large percentage is under 30 and don't have jobs. they have the largest youth unemployment rate in the world. unless the current military government can establish some kind of order that economy is never going to recover. what will happen, angry people go out into the streets, nor civil unrest. the economy gets worse, tourists don't go see the pyramid. foreign investments don't invest and egyptian government shutters their doors. it goes down and down and you could be looking at a failed state in another year or so. >> if that happens, who's waiting to swoop in. >> that's interesting. 40 years ago, henry kissinger made a deal with egypt where the russians were kicked out and americans in. we had a 40 year economic relationship with them and 40 year military relationship with them. in exchange they kept the peace. there has not been an arab silver war in 40 years. who a who's snipping at the door trying to get their paws back in egypt? the russians. they said, they will supply, if american aid gets cut don't worry we'll supply american assistance. saudis said, if america cuts the aid, don't worry we'll write and even bigger check. >> and one of the allies not that friendly, israel, totally on its own. >> totally. i was there two months ago. israel is facing enemies on every border. you can see the syrian border, lebanon border, egyptian border. israel is increasingly isolated. if president obama says we're out of the middle east, we will come home and pivot somewhere else. he can make that choice. he sure better have another plan how we're going to fulfill our strategic interest is in the region, israel, the future of israel, how do we make sure israel survives. oil comes from that part of the world. how do we make sure we have an alternate source of energy if the russians and chinese decide they will take our place in the middle east. finally, terrorists come from the middle east. we want them to stay where they are and not come into our borders. we better have a plan for how to deal with those three strategic interests. >> you mentioned energy plan. how much does this increase the u.s. to head to something like keystone. >> that's the best and to me the heart of it all. the president should say tomorrow keystone pipeline green light and natural oil and gas on united states soil, you go for it. why? within five years we could be self-sufficient and within seven, 8, 10 years we could be exporters. we have been drawn into every war in tmiddle east. why? we needed access to that energy. if we have our own, it's a very different calculation by us. >> how concerned are you about the egyptian people, how they're viewing our role and when the dust settles how they feel about americ america. >> we could lose hearts and minds. it doesn't look like we've been a very good ally, backed mubarak and didn't and then mossny government, backed them and now we don't back him and i think everybody is beyond the point worrying what america will do. that's the danger. we had a great seat at that table to use american leverage. we had it 40 years and in the last two years, seemed to have frittered it away the egyptian military isn't taking our phone calls and saudis saying we'll replace american aid and russians are saying we'll give you russian military equipment. >> thank you. >> thank you. new obstacles for the future of obamacare as another major employer cites the plan specifically as a factor to drop health care coverage. we'll look at deadlines already missed and this claim the thing may not even be ready, the security infrastructure -- until the day before these new exchanges are set to take effect in october. plus, some 14,000 americans living in the shadow of an aging flood barrier called one of the most vulnerable in this entire country. we will look at what's being done for the time sensitive issue and problems already putting residents on edge. new charges filed in that deadly train crash in spain that last month killed 79 people. the conductor is already charged with homicide. authorities say he was talking on the phone when he drove the train around the curve at twice the speed limit. now, the judge running the investigation filed preliminary charges against whomever is responsible for track safety. not yet clear who those people are. new fears of a potential catastrophe as 14,000 americans live in the shadow of what is being called one of the most vulnerable flood walls in the country. experts warning of a potential disaster if the 140 mile barrier on florida's lake okeechobee collapses. phil keating is live at the lake with more. hey, phil. >> reporter: shannon, we're standing on top of the dining, 143 mile dike that rings the lake. and it's almost certain to fail under normal operations. after four of the most rainiest months in florida after the past 50, 60 years, the water in this lake is putting pressure on this levee right in the flood zone. >> what do you have here to show us? >> this is the blue green toxic algae. i think we're in for real problems. fish kill. only august, we still have three, four months of this left. god forbid we get a hurricane or tropical rain, all bets are off. >> to alleviate the pressure of a catastrophic breach that could reach west palm beach, they set it at maximum outflow but that is sending deadly bacteria downstream and the root beer looking water going down both coasts is threatening tourism and livelihood. >> it really could disappear under water? >> it could. that's a rel legitimate concern there. that's the reason we have the di kerks. if it wasn't we would already be flooded out. >> reporter: the core is spending hundreds of millions of dollars to replace the 32 most riskiest points around the lake and culvert. that is a six year project. no good solution in the near term and governor scott saying congress should have been funding the u.s. corps of engineers to fund this massive levee system decades ago before it was breached and all these tens of thousands of people facing a threat of being under 8 feet of water if this levee does breach. >> six years. they may not have that time. thank you. the list of obstacle out of the health care law continues to grow as the administration is seriously behind on major deadlines and how this could affected the entire law's future. there is a growing legal debate over the death of a man who three teenagers killed him just for fun. whether boredom can really be considered a motive. plus a top secret relic from american history is declassified. after spending decades bury underneath a popularist landmark and we'll show you what's been hiding all these years and why it's been kept a secret so long. on the surface an underwater boost will push up a flume or spray when the hot water gases expand. >> it was not merely overturned but often torn to pieces. of yo? 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go call now! we'll finish up here. developing headlines out of georgia where we're learning new details about a gunman sneaking into an elementary school, taking hostages and even shooting at police. no one was hurt in yesterday's terrifying incident. we are told the young man who stands accused had some 500 rounds of ammunition on him at the time. police say it's unclear where 20-year-old michael brandon hill got the ak-47 style rifle with him but believe he got it from an acquaintance. a teacher now being hailed a hero for preventing him from getting past the office. the building was evacuated safely and no one was hurt. students attended classes at a nearby high school. new reaction to the latest challen challenges to obamacare. the next big rollout to the sweeping health care law. the administration may have postponed the employer mandate but one big employer is wasting no time citing one of the reason, it will restrict some health care benefits. u.p.s. says it will drop health care coverage for some of its employees' spouses. the administration missed 50% of its on administration obamacare deadlines. joining us is a fox news contributor and columnist from breitbart news. a number of times that key pieces of the legislation have been delayed and all kinds of other issues bubbling about. the it infrastructure has to be secured before the exchange is open. the deadline is the day before the exchange is open. all kinds of deadlines coming up. by the administration's admission, is it time to delay the whole thing? >> this is a huge government program as many conservatives like to point out. it will take a lot of work to implement it. i don't think it's that surprising there are hiccup and delays. when you look at medicare, they had a lot of problems getting it implemented. it's one of the most popular programs the government runs. i do see a lot of this being expe expected and something seized upon by conservatives but i don't think it means obamacare will be unsuccessful. >> ben, are you fear mongering? >> am i fear mongering? obamacare is designed to fail. the point is bankrupt insurance companies and make it unworkable for employers. and when it does in fact fail there will be calls for a government option and calls for a single payer. that's what it's designed to do. while medicare may be running better than when it first started running up. the idea medicare is incompetence is a fiction. >> there are other massive government programs out there. is that the best example to cite for this thing actually getting on the right track? >> financial issues about social security is not the same thing as what i just said. i brought up medicare, not social security. second of all, those are more broad structural issues about having enough people to pay into it. things that actually could be fixed with some minor fixes if congress could get together and actually do something. my point was in the beginning there were a lot of glitches getting it up and running. a lot of people were speaking very negatively about it. i think most people do like medicare. i didn't say it was a perfect program. i just think most people find it to be a popular program. >> is this a fact when you have a major overhaul of any type of law like this and it's a huge chunk of the u.s. economy, is it goes to have fits and starts? are there ways to fix it? focus on fixing it rather than appeal the entire thing. >> the problem is it perverted the entire structure. my wife is a student at ucla medical school and there are many would be doctors who would go into business and not now going to do so and already looking at the bureaucracy associated with medicare and obamacare and say why don't i go into private practice and reject medicare and obamacare. and that is the problem they can't force doctors to work in it and we will see a shortage of medical care in this country. no that is a concern. we have a lot of surveys, where doctors say they're confused and don't understand how it will work and how it will impact their practices. there are a lot of medical students or would be medical students report they specifically aren't going to medical school because of this. your response. >> i don't really understa understand -- first, there is confusion. i think people are still trying to be -- the administration is still trying to educate people about the program and frankly they haven't done that great of a job. >> they spent a lot of money. >> they haven't done the best job on that. i can't speak whether somebody won't go to medical school because of obamacare. it doesn't make sense. the exchanges set up is an idea that came out of he heritage foundation. this is not some radical socialist idea. why the existence of exchanges will cause someone to change the complete trajectory of their life, i can't speak to that. >> the changes are set to open up october 1st. that's the plan. there is a law that requires the security infrastructure, it base to be certified as safe, inpenetrable and have repeatedly pushed back the deadlines on that and it's set to go the day before the exchanges. ben, do you see any possible complications there? >> just a few. the fact bureaucratic incompetence and tremendous size of this new breaks means this isn't going to be implemented on time. what the obama administration has done cleverly from a political point of view, if it fails from more government involvement and it succeeds that's incentive for more government involvement. which ever way the obama administration will seize it to grow it. the fact is for doctors we're not just talking about medical exchanges, lowered rates in terms of reimbursed money and the biggest insurers in california already said they can't participate in the exchanges. if this was just exchanges, it would be far less controversial than it already is. >> it's hard to take an argument seriously when you're claiming the only motive is to destroy health care in america. i'll posit another idea. thick there are people who would like to see issues in our health care system addressed and for people to have health insurance. i think that is the motive of the obama administration. whether it's executed perfectly is another thing. i don't think they're trying to implement this and fail. that seems absurd. >> they're trying to transform the system. >> a pig difference. >> when you have the leader of the senate saying he thinks the whole idea is move towards a single payer system. you to have ask that question. thank you very much. we'll leave it there. an in-depth look at a blast from the past. a top secret relic of a nuclear arsenal and spending decades at a popular u.s. landmark. growing legal debate over the death of a young man where three teenagers who killed him did it because they were bored and thought it could be fun. what could this baffling explanation mean for their legal case. >> the lady is here and she attempted cpr. >> has he stopped breathing? >> has he stopped breathing? yes. yes. they said he has. finally, here's some police. too big. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. ::::::::::::: ::: : new reaction to that shock murder police say was prompted by boredom. the victim was living out his dream as an athlete in oklahoma. killers shot him in the back while he was on a jog. these three teenagers that took his life, two charged with murder and third accessory, ages 15, 16, 17, they will all be tried, charged with adults. the apparent randomness of the crime has left more questions than answers. let's talk about it with attorneys debra blum and brown. welcome to you both. >> thank you. the 15 and 16 year-olds are charged with first-degree murder as adults. what does that mean? how is it different than if they were charged as juveniles? >> what that means they could face the death penalty. in this case because they're under the age of 18 they will not face the death penalty. the supreme court ruled in 2005 those age 18 and under cannot face the death penalty if they are 18 and under. so if they were tried as youthful offenders this would not come up on their records even if they were convicted. this just means they're facing the charge as adults and they're subject to life imprisonment without parole. >> what we're hearing right now is strictly what we're hearing from the police, the report what the boys told them they were bored, had nothing to do and this guy jogs by and once they targeted him, i imagine once they lawyer up we won't hear that story directly from them. what does that do to this case moving forward and potential jurors out there and what police are saying publicly, so far. >> one thing we have to always keep in mind. we're in the early stages of this case. we don't know as much information as we will going forward. what that has to do with particularly what they've been charged with. they've been charged with first-degree murder. when you're charged with first-degree murder, there's an element of premeditation. did they plan this out. they say they were bored. we don't really know what's going on or that's the motive. as we know dealing with young people many times, they don't have an answer, i don't know, i was bored, i did it for a reason other than what the real reason was. in this case, we have to fiend what the real motive is and that truth will be revealed as the investigation continues. >> that will take some time. once they do and move forward, because they're under 18 in oklahoma they could not face the death penalty with the supreme court statement that you read and they said they were bored, nothing else to do and did it for fun, what does that do for them in the place of trying to bargain, plea bargain if they don't want go to a jury, where does that leave them? >> in any criminal case, defendants have a right to enter a plea of guilty without going to trial. usually when you do so, you do so for a more favorable disposition in the case. i think it's clear this was premeditated murder and they will have very little luck getting a plea deal in this case. they targeted an innocent individual just jogging and shot him in the back. at this time, they absolutely committed an act of premeditated murder based on what we know at this time. based on what we know at this time it's unlikely entering a plea of guilty before going to trial will have a lot of benefit to their defense. people have mentioned the possibility of a mental illness being at play here. it does not appear these three teenage boys had mental illness. the two charged with murder are going to have a very hard time getting away with anything less than life in prison. >> there are reports one of the alleged killers, young men charged with murder, there was an indication he had a message on his facebook saying bang, two drops in two hours. how much does social media come into evidence and play in a case like this? >> i think in a case like this, as debra mentioned, their intention is definitely a question. here we have, before the alleged crime occurs, someone stating we intend to do something that sounds a lot like what they actually did. that, i think it would absolutely come in. it's admissible because it shows the state of mind of the defendant. >> debra, how at this point would it work if you have two charged with murder and one accessory, how does it work with investigators reaching outside -- out to each one individually, if you tell us what happened that will go lighter on you and how much does that go to the truth of what happened and putting together their case? >> it depends how the prosecutor wants to handle this case. they could ask one of the defendants or all the defendants to cooperate with the investigation getting to the bottom of what happened. usually when asked to courtroom with the prosecution, if they successf successfully cooperate, they have a benefit of cooperation and the prosecutor might lessen their charge and it's ultimately up to the prosecutor. there are benefits to cooperating and disadvantages. here, it's unclear if they need the cooperation. i think that the investigators and the prosecution will be able to piece this together. >> the judge told him to stop talking at that point. >> reporter: hi, shannon inside the garage behind me, 250 feet long, we will take you inside the tunnel coming up after the break.. [ loud noises ]. >> the scientists were able to observe fireball from a body of physicianable materials. >> a top secret relic from ameri america's nuclear history declassified after decades in an american landmark. will is there live. >> reporter: hi. shannon. this goes for several hundred feet and they would line up and put this material right into that vault. almost a half-dozen other vaults that held the nation's top nuclear secret. >> reporter: locked away under a fast-food restaurant. a secret tunnel. underneath a fast-food restaurant. >> we are northeast an mcdonald's. there was something going on in the canyon. >> reporter: nobody knew exactly what it was carved on the side of the canyon of the loss alam laboratory where it was designed as part of the manhattan project during the second world war and as part of the cold war to protect the security. >> it was part of the stockpile during late '40s and early '50s. you could take a panel truck and drive here to the bank vault. >> inside that vault are five more vaults where they stored it for the nuclear weapons. >> reporter: the tunnel was declassified last year. >> your average person was declassified by the tunnel mostly because it goes back to that cold war history. >> reporter: the radiation is why i blue shirt. >> we wanted to see the hazmat suit. thank you very much. we'll be right back. ♪ with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. and the more i focus on everything else, the less time i have to take care of me. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. glucerna products help me keep everything balanced. 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