cash. >> he is dead as a candidate. >> i believe we could win this. >> tonight, the congressman stands his ground. plus a new twist of death of top gun director tony scott. his family reportedly rules out one possible motive for his apparent suicide. and a whale puts on one heck of a show but are you sure you want to get that close? first from fox this tuesday night, the showdown inside the g.o.p. in one corner, the most powerful republics in all of america including the party's presidential candidate governor mitt romney. in the other, a little known missouri congressman who wants to be a senator named todd akin. tonight, he is refusing to drop out of the senate race that could decide who controls congress next year. congressman akin claims he could still win even after giving this explanation for his opposition to abortion for victims of rape and incest. >> it seems to me first of all from what i understand from doctors, that's really rare. if it's a legitimate rape, the female body has ways to try to shut that whole thing down. let's assume that maybe that didn't work or something, i think there should be some punishment. the punishment ought to be in the rapist and not attacking the child. >> shepard: republic leaders from missouri to capitol hill are calling on him to get out of the senate race immediately. yesterday the governor romney called the indefensible. stopped short of calling for him. the governor released this statement and i quote today his fellow missouriens. he should accept their council and exit the senate race. he says they are overreacting. he is apologizing for his words but says he is not going anywhere. >> we believe that by taking this stand, that this is going to strengthen our country. it's going to strengthen ultimately the republic party and i believe we can win this. >> shepard: but word is he will be on his own against democratic senator claire m. mccaskill the republic party and one enormous outside group have cut him off from millions upon millions of dollars in campaign cash. doug mckelway live in the d.c. newsroom tonight. doug, the deadline for him to drop out was 5:00 central time today. so an hour ago a republic party leaders pretty much helpless now or what's the word. >> pretty much helpless much the only recourse they have, shep, is to remove all campaign funding which you said they have now done. i asked one missouri party official what recourse they had to get him out of the race they reply none. we examined a the al turn tis a few years ago when a convicted felon won the nomination for state auditor. the step down reached a peak at 4:00 today ashcroft, bond joined the sitting senator blunt to demand resign nomination. the issue at stake are too big and this election is simply too important. the right decision is to step aside. a little more than an hour after that a defiant akin announced he is staying in. calling the g.o.p. anger over his decision a bit of an overreaction, shep. >> shepard: those who were overreacting would now need a court order to get him out of this race, right? >> there is. one more chance, yes. for akin to step out. second deadline looms september 25th. he would have to sue by that date to be taken off the ballot. this would be on his own volition. his decision to make. he would also have to pay the cost of hundreds of thousands of dollars for missouri ballots that would have to be reprinted. that all appears very unlikely. he appears determined to stay and democrats are relishing the opportunity. listen to dnc chairman debbie wasserman schultz. she said he is not alone in his extreme and dangerous views. the democrats also see this as the perfect opportunity to keep the republicans from degree claiming not just the white house but the senate, too shep. >> shepard: thanks very much. doug mckelway live in washington. thanks at least in part to the situation with congressman akin of missouri. abortion is all of a sudden a very hot election issue. and today the republics in charge of the convention platform passed what they called their party platform and a human life amendment. specifically it calls for a ban on all abortions. the party platform is officially silent on exceptions for victims of rape and incest. which means there are no exceptions for rape and incest. the same platform that existed in 2008. shannon bream continues team fox coverage in washington. did congressman akin's comments on rape factor in today's decision? >> well, shep, those inside today's meetings tell me no. the language voted on today does mirror the party's platform from 2008 in that there were no exceptions for rape or incest then and there are not any in the 2012 platform either. according to a source inside the meeting today, here is a bit of what the life issues portion of the platform does say. we assert the sanctity of human life and assert the child has fundamental right to life which cannot be infringed it goes on to say this. we oppose using public revenues to fund organizations that fund or advocate it and not subsidize healthcare which includes abortion coverage. on a conference call today debbie wasser isman schultz immediately deemed the republic position bad for women and called on mitt romney to renounce it here is what he she said. he should unquiskably denounce human life amendment and inclusion in the republic party platform that would be a step in the right direction for the g.o.p. made clear t would not oppose abortion in cases of rape. wasser isman schultz claimed today as the g.o.p. nominee he owns the party's platform. the obama plat tropical storm is calling the akin amendment. reference to g.o.p. congressman and todd akin's controversial comments. sources inside the amendment say the language was not up for debate and akin's comments has zero impact on the platform. >> shepard: a weather alert in which republicans in tampa are watching very closely. a tropical storm now, tropical depression earlier today strengthened to a tropical storm and threatening to go at least in the direction of florida during next week's republic national convention. the national hurricane center officially predicts tropical storm isaac is expected to turn into a hurricane just ahead of the big g.o.p. meeting. janice dean is live in the extreme weather center. janice, right now, well, right now, doesn't even talk about the u.s., does it? >>. no i mean, we are dealing with the antilles. this is the minimal tropical storm but a lot of warm water ahead of it. we do think this is going to become a hurricane in the next 24 to 48 hours. there is some of the wind gusts ahead of the storm system reporting quind gusts at 36 miles per hour out of san juan, puerto rico. it is strengthening. as you can see by the latest track becoming a category 1 hurricane by thursday, we think. skirting the island and maybe moving over cuba. some of the computer models do show this storm pushing in towards the florida area as you can see right here and, shepard, i just want to show you one of our very reliable forecast models. it is american computer model. as you can see as we go further out in time, boom! there is tampa. so folks there need to be watching this it back to you. >> shepard: janice, thanks very much. the g.o.p. convention organizers say they are making contingency plans along with the secret service. sadly, this would not be the first time a hurricane hits the united states during a republic convention. the most recent was the last republic convention in 2008. we were there when republicans were forced to scale back the convention plans and saint paul minnesota as hurricane giews taf gustav made landfall. they felt a certain sensibility. hurricane katrina was still fresh on the minds of many. this was going to louisiana after all. katrina destroyed parts of new orleans as i'm sure you know back in 2005. on record as one the five deadliest hurricanes in the history of these united states. witnesses come forward after the apparent suicide of the top gun movie director. they say they watched him jump off a bridge and die and now some of them are apparently trying to profit from the tragedy there are videos. there are pictures. and they are for sale. plus, one man's complete meltdown on a jetblue airlines flight forces the pilots to make an emergency landing. see the realtime tweets. and the video from inside the plane. from the fox news hub in new york, and fox news teams around the globe. this is america's choice for evening news. you're on fox news channel. for their "destination wedding." double miles you can "actually" use. but with those single mile travel cards... 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[ female announcer ] purina cat chow indoor. and for a delicious way to help maintain a healthy weight, try new purina cat chow healthy weight. marie callender's gives you a way to make any day a special occasion. new mini cream pies for one. real whip cream and a cookie-crumb crust. marie callender's. it's time to savor. >> shepard: the death of the hollywood director tony scott is even more of a mystery as fox reports live tonight. his family is now denying media reports that doctors had diagnosed the famed director with inoperable brain cancer. >> you heard the report of the brain cancer, but you can comment at all about any of that. >> according to the family he did not, to their knowledge, did he not have any issues with any cancers. they don't know where that came from. >> shepard: officials with the los angeles county coroner's office say they have completed the autopsy on tony scott but that we may know know the results for more than a month. witnesses say they watched the director of the big budget hits including top gun and days of thunder jump off a suspension bridge right into los angeles harbor on sunday. and now the web site tmz reports that some people on the scene recorded the jump on their cell phones. multiple recordings. multiple pictures. the fox report's correspondent joins us. several out there and requesting money. >> yes they are. among those who took videos and photos were tourists who were on a harbor cruise boat just as tony scott jumped from that bridge. they are among those who took videos and photos. there were also others apparently who were on the bridge and have a lot of quite closeup photos of the exact moment that tony scott made that jump harvey levin of the web site tmz has seen many of those photos. he says they are disturbing and they are for sale. listen. >> they are shopping these photos and we have seen one of them where tony scott literal solid perched on the top. literally just making the jump. you see him crouched to make the jump. and they are shopping this thing vigorously. >> as far as we are aware, shep, those who are shopping these videos and photos vigorously have not yet found a buyer. shep? >> shepard: we don't know why he jumped still, right? >> quite simply we do not know. his wife now sadly a widow, donna wilson scott said that tony scott did not have cancer of any description. she said the reports of brain cancer are, quote, absolutely false. of course, there is the possibility that tony scott had been diagnosed with some form of cancer and had not told his family. we also understand that the autopsy has been completed. and there are some reports, including from the web site tmz that t failed to find any indications of any cancer. we won't get the full report from the coroner for a few weeks until he gets the toxicology reports back. in the meantime, shep, it's worth remembering that investigators say tony scott did leave a number of notes for his family. so it may well be that those family members already have the answers that the rest of us are still searching for, shep. >> shepard: jonathan hunt in the newsroom tonight. thank you. we have reported on a lot of crazy airline flights lately. here is a doosie. witnesses say a yet blue passenger went out on a series of loud alcohol-fueled rants and groped a pregnant woman during a cross-country flight from new york to los angeles. cops arrested the guy after the pilot made an emergency landing in denver. another passenger took this video of the suspect. here t is. prosecutors say that man had refused orders from flight attendants to just sit down already. forcing an fbi agent on the plane to intervene. a filmmaker on board tweeted that he talked to the suspect during the flight who said, quote: i wrote a short story yesterday, a come come calm kamikaze pilot. he says he kept him in his seat talking to him. police took him into custody. gas prices just hilt all-time record high for the month of august. the experts say the rising prices will not stop millions upon millions hitting the road over the labor day. weekend. insurgent attack to the plane that belongs to the top general in all the united states military. jennifer griffin was there. so how did the insurgents know which plane was his and how did they manage to hit it? an update on america's longest war ahead as fox reports live tonight. ♪ [ male announcer ] aggressive styling. a more fuel-efficient turbocharged engine. and a completely redesigned interior. the 2012 c-class with over 2,000 refinements. it's amazing...inside and out. ♪ join mercedes-benz usa on facebook for the best summer sweepstakes. wanted to provide better employee benefits while balancing the company's bottom line, their very first word was... 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[ yawning sound ] >> shepard: there is breaking news now on fox news channel. live pictures coming to us from oregon. and the choppers is up in the air. there has been a shooting at this fred meyers store kind of like a large department store like a walgreen's or c.v.s. they call it fred myer out there. pharmacy, gas that sort of thing. apparently some sort of dispute in here. somebody shot in the leg. somebody has been taken into custody. the store has been closed down. it looks wal-mart size to me. anyway, a big store and they have had a shooting and the coast is not yet clear. though a suspect is in custody. updates clackamas, oregon. millions say they will be on the road this labor day weekend. some 33 million americans are planning holiday road trips. that's the highest number since the economy tanked in 2007. price for gallon of regular unledside 3.72 a gallon. the highest ever on this date in american history. that same price broke a record yesterday as well. this chart shows a whole year of wild highs and lows. analysts say this latest spike in prices should continue in the weeks to come. the fox business network gerri willis is with us. what's causing this. >> all about the crude oil prices gone up at $97 per barrel. that's the highest since may. you remember that fire out in san francisco with the chevron facility there. that is tightening supplies too. so everything seems to be conspiring to push oil prices higher. even the good news about europe makes people think that there is more demand and that's going to push prices higher. >> how much more are we expecting families are going to have to pay over the labor day. >> we think people are going to spend $749 over the labor day weekend. i will not be one of those people. up 702. 85% plan to travel by car. also hotel rooms four to 6% higher. seeing higher prices across the board for travel right now. >> shepard: make it a happy labor day anyway. >> i love labor day. not laboring on labor day. >> shepard: some of us will be laboring but it will be great. a guy in california captured a dramatic close encounter just off the coast. look at these pictures. a giant humpback whale. see that sticking up out of the water. notice the whale's mouth is longer than that guy is tall. the photographer is a guy named bill bouton. the whales came to shallow water to snack on sardines. at one point he saw a pell kin fly right into the whale's mouth. that was an error. it took the bird under water then swam back to the surface and spat that pelican. whales off st. louis. guess who else will be in florida for the republic convention? not a republic. vice president biden heading to tampa next week. we'll tell you how the secret service apparently spilled the beans on what is something highly unusual as we approach the bottom of the hour and the top of the news on fox report tonight. ouncer ] you can make macaroni & cheese without freshly-made pasta. you could also cut corners by making it without 100% real cheddar cheese. but then...it wouldn't be stouffer's mac & cheese. just one of over 70 satisfying recipes for one from stouffer's. after you jumped buship in bangkok,n. i thought i'd lost you. surfing is my life now. but who's going to .... tell the world that priceline has even faster, easier ways to save you money. . . on hotels, flights & cars? you still have it. i'll always have it. so this is it? we'll see where the waves take me. sayonara, brah! 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[ tires squeal ] and if you get into an accident and use one of our certified repair shops, your repairs are guaranteed for life. call... to switch, and you could save hundreds. liberty mutual insurance -- responsibility. what's your policy? >> shepard: diane had it to end fourth try world record swim from cuba to florida some 50 miles short of her goal. she is 62 years old now. long distance swimmer. she endured severe storms and jelly fish stings before the team pulled her out of the water 1:00 this morning. she was trying to become the first person to make the 103-mile trip without a shark cage. look at that diane spent 41 hours in the water and suffered hypothermia. painfully swollen lips. among other things. as the group approached key west earlier today. diana jumped from the boat and swam the rest of the way to shore before speaking to her supporters. >> i was ready to do this. i'm standing in front of you after a pretty grueling set of hours out there. nothing was easy. i feel fine. my muscles aren't sore. i did all the training necessary. >> diana nyad had said this will be her final attempt. she turns 63 tomorrow. a worker falls some 40 feet into a dog food silo. and that tops our news across america. north carolina. happened yesterday southwest of raleigh, the fire chief says a contractor doing roof repairs fell when he stepped on a grain shaft. t took responders more than three hours to cut through the bottom of the silo and pull the man to safety. they say he will be okay. missouri. members of the st. louis cardinals baseball team helped rebuild homes in joplin. deadly tornadoes ripped through the town last year destroying thousands of houses. the cardinals raised 200,000 bucks for agencies helping locals to recover. pennsylvania. officials say turkey you have chers have done $10,000 of damage to a library north of philadelphia. the birds loved the tape on the roof and have pecked so many holes in it that rainwater gushes into the library. a local roofer says he will replace that tape with 40,000 spikes. minnesota. an international emergency dispatcher's convention honored 9-year-old for saving his sister's life. he called 911 back in may when his sister had a seizure. >> this is 911. >> there is a big problem with my baby sister. like she was sleeping for a little and then when she woke up she like, like making weird noises like. [coughs. [like that. the ceremony also honored the dispatcher. and that's a fox watch across america. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. the obama election campaign has broken tradition now with plans it to send the vice president joe biden to florida on monday of course that's the same day the republic convention kicks off in tampa. presidential campaigns do not usually crash the other party's party. but not only is the v.p. playing spoiler, he is doing it in the very same city. according to one report, news of this first leaked after secret service agents made the mistake of chatting about it on a flight full of republicans in route to tampa. team fox coverage now carl cammeron in davenport, iowa where governor romney is headed tomorrow. get to ed henry traveling with the president live in columbus. what you can tell us about crashing the convention strategy, ed. >> well, shep, they are basically saying that in this new media environment you cannot leave the stage for five or six days and let the other party frame the message. they're sending down to tampa on monday and going to several other cities on two day swing monday and tuesday. they want him to push back on the republic message. also make the president's case. in fact, i'm also hearing the president is likely to do some sort of campaign travel at least part of the week next week again to make sure they don't vacate the stage all together. in terms breaking tradition the obama camp believes that the romney camp will probably do something like this as well when the democrats are doing their convention if charlotte, shep. >> shepard: ed, students and young folks were a big part of the president's win in 2008. and it looks like he is out there trying to get them back. >> there is some question about whether there is really as much enthusiasm among these students we saw in 2008 who turned out for him. that's why he was on this cleaning campus today to try to push his message, the president, basically if the romney ryan ticket gets elected big education cuts. the response from paul ryan in pennsylvania today was that what future generations should be worried about is this crushing debt. take a listen. >> what governor romney is offering is not an answer. there is nothing a parent wants more than to give opportunities to their kids that they never had. and, you know, it's pretty painful for a lot of parents if they can't do that. >> four years of trillion-dollar plus deficits, our united states senate violating the budget law and not passing a budget for three years running. [booing] we cannot continue to go down this path. >> now, on to the swing state of nevada for the president. tomorrow night he will be in new york city involved in something called the obama classic. he is going to have hoop stars like michael jordan, patrick ewing and carmelo anthony raising cash while they are playing in basketball. the obama classic, shep. >> shepard: both presidential candidates talking religion now. >> that's right. the washington national cathedral magazine each candidate gave them an interview. interesting because obviously as you say both of these candidates have had questions about their faith. the president dealing with these challenges that he is a muslim made clear in this interview is he a christian. his christian faith gives him security and progressive he would not otherwise have. meanwhile mitt romney dealing with the fact that some evangelical christians may not like his mormon faith. he said jesus christ is not only son of god but he said quote savior of mankind as well. those pictures we're showing both men went to church this past sunday. knowing full well the media would be along and we would get this video. both of them obviously reaching out to voters of faith, an important part of the electorate as well, shep. >> shepard: ed henry on the road in columbus, ohio. governor romney says his campaign is a little wiser than president obama's when it comes to spending money. that's after the president's campaign reported it spent more money than it took in last month. the romney campaign and republic party have raised more cash than the president and the democrats for the past three months. team fox coverage continues. carl cammeron live in davenport, iowa where governor romney will be tomorrow or is planning to be. carl paul ryan was on the campaign trail in a key battleground state. >> pennsylvania where he and mitt romney trail president obama and vice president joe biden. a pair of stops one in pittsburgh and one philadelphia. repeatedly went after obama gaffes, the president's comment not so many weeks ago if you didn't have a business you didn't build it. you had help. mr. ryan went after mr. obama on on that. he also went back to the 2008 wherein then candidate obama told joe the plumber he wants to spread the wealth which a will the of republicans consider attempt attempt at socialism and redistribution of wealth. then there was this about barack obama's comment back in the 2008 campaign that folks in pennsylvania cling to their guns and god. watch what palestinian mr. ryan said today. >> hey. i'm a catholic deer hunter. i'm happy to be clinging to my gun and my religion. [cheers] >> of course, that all came out of the ongoing attack on the president for saying if you have a business you didn't build it. had you help. that will be part of the theme a week from today at the republic convention. there will be a night themed we did build this. shep? >> shepard: carl, janice dean was telling us that this tropical storm is turning into a hurricane soon and could be heading in that general direction. i guess they have a plan for getting wet in tampa. >> well, you know, when the republicans announced that they were going to do this convention in tampa the questions began immediately it's hurricane season what is the contingency. 34 to 36 hour window where predictions and models could be become more threatening. at this point we are told there are contingency plans for evacuation if necessary. and we're given to believe that there may be some sort of alternative venue if they have to move it hard to imagine how that would happen if they would have to evacuate and get to a storm shelter. >> shepard: carl cammeron good to see you. blasted chemical weapons. syrian deputy prime minister speaking it to reporters in moscow. compared the focus on the regime's chemical weapons to the run-up to the war in iraq. back when american leaders argued that saddam hussein was hiding weapons of mass destruction. of course, president obama has not authorized the use of the u.s. military inside syria at all. but yesterday, the president did say he would reconsidering his chance if bashar assad used or even moved his chemical webs. just last month a syrian official publicly admitted that the syrian military has chemical and biological weapons. steve harrigan streaming live from turkey near the border with syria. steve? >> shepard, more fighting throughout the day in the suburbs of damascus between government forces with tanks and lightly armed rebel forces. more diplomacy, too. response to the russians to president obama's warning. the russians warning the u.s. not to act unilaterally. syrian officials also warning the u.s. that intervening inside the conflict in syria would be impossible. they say such an intervention would make a much wider war beyond the borders of syria. and we have seen that violence after 18 months begins to spill out over the borders. first in lebanon, nor than five people killed today in the city of tripoli. supporters of the assad regime in syria. battling against those who oppose him. shooting it out on the streets in lebanon. overnight in turkey. we saul possible spillover violence. this time a car bomb that killed 9 and wounded at least 50 people. finally at least one more reporter has been killed inside syria near the city of aleppo. the woman was 45 years old. a japanese reporter. she was gunned down by government troops while traveling with the rebels. she was had 5 years old. and she is the 19th reporter killed inside syria since november. shepard, back to you. >> shepard: steve harrigan along the border in turkey tonight. steve, thanks. mystery after a train jumps the tracks and two teenagers are dead. now the wreck that happened in maryland is creating problems as far as away as guantanamo bay, cuba. catherine herridge is there and live. plus, why forecasters say there is a plus side to the historic drought that's killing our nation's crops and drying up critical waterways. a plus side to this drought? that's straight ahead on fox report. this is rudy. his morninstarts with arthritis pain. and two pills. afternoon's overhaul starts with more pain. more pil. triple checking hydraulics. the evening brin more pain. so, back to more pills. almost done, when... hang on. stan's doctor recommended aleve. it can keep pain away all day with fewer pills than tylenol. this is rudy. who switched to aleve. and two pills for a day free of pain. ♪ and get the all day pain relief of aleve in liquid gels. exclusive to the military, and commitment is not limited to one's military oath. the same set of values that drive our nation's military are the ones we used to build usaa bank. with our award winning apps that allow you to transfer funds, pay bills or manage your finances anywhere, anytime. so that wherever your duty takes you, usaa bank goes with you. visit us online to learn what makes our bank so different. and what they said is amazing. review 5-hour energy over 73 percent who reviewed 5-hour energy said they would recommend a low calorie energy supplement to their healthy patients who use energy supplements. seventy-three percent. 5-hour energy has four calories and it's used over nine million times a week. is 5-hour energy right for you? ask your doctor. we already asked 3,000. a 90% smaller needle. announcing fluzone intradermal vaccine, a 90% smaller needle, wow that's...short. to learn more talk to your health care pvider. 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[ female announcer ]isit fluzone.com or these locations to find fluzone intradermal vaccine. tiny needle, big protection. ♪ >> shepard: two college students were reportedly hanging out on railroad bridge they are dead tonight after a coal train derailed last night. police say it appears to them that the coal spilled and buried those 19-year-old women. officials say it is not clear to them why the train jumped the tracks in he will cot city, maryland north of d.c. they say nearly two dozen railroad cars flipped over. some landing on vehicles parking lot on that bridge. verizon reports the damage damaged some of its equipment. disrupted service even including government clients. affected navy base in guantanamo bay, cuba. lawyers there for the case of the accused 9/11 attackers couldn't access information on government servers ahead of tomorrow's pre-trial hearing. that four years ago then senator and presidential candidate barack obama said he would close the detention camps but of course today so. 9/11 victims family members are there in gitmo to witness the proceedings. our catherine herridge spoke to them. she joins us live from guantanamo bay just yards from the courthouse, catherine? hour ago heard from defense attorneys that complained exactly what happened in the baltimore train derailment wiped out 80% of internet service. >> we had no access to our servers and files or the motions we filed or the information we planned to present. >> late today the military judge granting emergency motion so both sides have more time to prepare for that pre-trial hearing that's scheduled now for thursday. that means the 9/11 families will have to wait one more day. >> my son-was the gentlist. >> when her son was killed in a pentagon command center on 9/11, an admiral offered to search for his remains. all the admiral found was this gold chain and the 13 cents in michael's pocket. >> i would like come a time when i can stop crying. >> packing her bags because to it a defense department lottery she got one of 10 seats inside the military court in guantanamo where victim's family members can witness this week's. just shy of 94th birthday grandmother wants to be there. >> the government won't let me. i'm too old. they won't be responsible for me. there is nothing wrong with me. >> both women want to give the 9/11 suspects including the subself-subscribed architect. >> i want them to see my face. >> i want to look at those animals and say how did you dare to turn out the light on my life. >> late today i spoke with michael's grandmother who reminded me when she was younger they didn't have sophisticated technology and didn't have these same problems. while the delay is disappointing, 11 years one day is not big deal as long as their story is heard. >> the top u.s. military officer is safely out of afghanistan as fox reports tonight after two rockets hit the very plane that brought him there the u.s. military reports the joint chiefs chairman general martin demps is i and his staffers were nowhere near the plane at the time of the attack at balgram air base. a taliban spokesman is claiming responsibility saying the militants had exact information about general dempsies plane. the pentagon denies they targeted that specific aircraft but our jennifer griffin is traveling with general dempsey. she reports he flew to it iraq on a different plane. he is the highest military leader to visit iraq since the american forces left that country last year. the supreme court struck down all but one provision of arizona's very controversial immigration law. but the battle is back in court on claims that it would lead to the racial profiling of latinos. details on this grand new court challenge coming up. plus, a crane tips over, hits a pole and sends live power lines on top of a public bus. details of what happened next coming up. ♪ atmix of energies.ve the world needs a broader that's why we're supplying natural gas to generate cleaner electricity... that has around 50% fewer co2 emissions than coal. and it's also why, with our partner in brazil, shell is producing ethanol - a biofuel made from renewable sugarcane. >>a minute, mom! let's broaden the world's energy mix. let's go. >> shepard: arizona's immigration battle back in court today. opponents are now asking a judge to halt the controversial law that forces some people in the state to show their papers. back in june the supreme court struck down parts of that law but it upheld the section that requires police officers to check somebody's immigration status if the officer stops the person for another reason and suspects he or she might be in the country illegally. the court's ruling cleared the way for future challenges. president obama and other opponents have warned that the law could lead to racial profiling. but arizona's republic governor jan brewer says she is confident law enforcement officers will not violate people's civil rights. trace gallagher in our west coast news hub this afternoon. trace, supporters of this law are accusing their opponents of just buying time here. >> yeah yeah, shep. because if the law does to into effect and there is no hard evidence of racial profiling that would badly weaken the the opponent's case. even the supreme court says the law should take effect and then see how it plays out. but if the judge halts the law, it would give opponents time to mount another supreme court challenge where they would certainly argue that latinos' civil rights would be violated. here is the attorney now who argued for the opposition. listen. >> we brought out our claim today that this part of the law is infected with racial discrimination that national organizations played motivating factor for the passage of the law for that reason it must be blocked. >> in court today, each side was given an hour for rebuttal. and then the judge stopped the proceedings. no word on when she will actually make her ruling, shep. >> shepard: trace, interestingly, arizona has been fighting the feds on this. but now arizona needs the feds to enforce the law. >> yeah, because arizona police would now be required to check the immigration status of anyone that they lawfully stop who they suspect is illegal. that means a lot mover calls to the border patrol and immigrations and customs enforcement. because it's up to the feds to run the suspects through the immigration data file, that's a lot more work for the federal government. here now is a representative from governor brewer's office. listen. >> we certainly hope that immigrations and customs enforcement is going to be ready for the increased number of calls and inquiries that they received from local arizona law enforcement. there is some question certainly in light of the president's actions whether they are going to be actively cooperating with us on that count. but you know what? we are optimistic. we are hopeful that the men and women of federal law enforcement continue cooperating with us as they have been up till now. >> don't forget parts of alabama and georgia's immigration laws similar to arizona have also been upheld this week by federal courts. shep? >> shepard: trace gallagher from los angeles. trace, thanks. wildfire alert. some 1900 firefighters are now in the front lines in northern california. where what they called the ponderosa fire has burned an area roughly the size of the city of miami. crews say the fast-moving flames jumped containment lines and now threaten more than 3,000 homes. officials ordered thousands more residents to evacuate. folks say there is really not much they can do but hope for the best. officials say lightning started this big ponderosa fire on saturday and it's just one of dozens still burning in the american west. forecasters say there may be one upside to the on slot of drought and heat waves and wildfires playing the united states this summer. fewer tornadoes. meteorologists at the national oceanic and atmospheric association say you won't get twisters without thunderstorms and there has been too little rain for many t storms. lowest number of tornadoes on record that go back 60 years. the opposite of the 2011 season. one of the most destructive years ever for tornadoes. nine long months have passed since regis philbim said live. you have a replacement. guess who is gonna be next to kelly? anderson? no, he has his own show. what about that guy from new york one? no, no. this one may surprise you. hang on. look at those toys. insurance must be expensive. nah. 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