Transcripts For FOXNEWSW Happening Now 20140919

Isis beheading videos, its very, very different, and at times it feels like its an evening newscast. Its a big departure from what weve already seen out of isis, but in this threeminutelong recording, british journalist john cantily delivers a slicklyproduced propaganda message on behalf of isis. At the start, cantily introduces himself calmly and admits this message is part of a desperate gamble to save his own life. He also says its the first of several short films, imflying hes not likely implying hes not likely to be killed anytime. How the western media is, quote, dragging the public back to the abyss of another war, shifting Public Opinion away from military action in syria and iraq. But the International Coalition is growing. French planes began airstrikes against isis today. Now, frances government says they targeted isis vehicles, weapons and several buildings used by militants in the northeastern part of iraq. France says these airstrikes will continue for the coming days. Now, there are about 30 or so countries officially involved in the fight against isis as part of this broad coalition, but few have committed their own resources like the u. S. And now france have, and countries like saudi arabia and kuwait and turkey still sort of continue to support islamic extremist groups in syria, even though they say they dont support isis directly. This is far from being a unified coalition, jon, that is fighting isis across that entire area. There are a lot of issues about who will do what, how much effort and resources will actually be involved in this fight and, ultimately, how the gulf arab allies of the United States and the west will ultimately cut off all of the funding and support to extremist groups that may not be isis, but still have ties to some very bad people, jon. Jon lets hope that in arming the socalled moderate Syrian Rebels, we get it right. Conor powell, thank you. Heather and then theres the question of how were dealing with the threat of isis here at home. Fbi director james comey is expected to address that today when he speaks at the annual National Security summit in washington. Just days after he told congress that u. S. Airstrikes have boosted support for isis. Chief Congressional Correspondent mike emanuel is live in d. C. With that. Hi, mike. Heather, good morning. Chairman mike rogers says we could see the unit of u. S. Trained Syrian Rebels on the battlefield in the next four to five months. Rogers says the fighters wont be great at that point but could be cohesive and effective enough. He says the whole american boots on the ground debate makes him nervous. That unit will be effective. You will have to have u. S. Personnel with special capabilities down range. And so this debate, that doesnt mean the 101st airborne division, but it certainly means for, i think many people in this room understand that, you have to have the ability to move intelligence collectors down range with these units as well as people can help them with command and control logistics, development and other sustainment issues. Top administration officials, secretary of state john kerry and defense secretary chuck hagel, sold the administrations plan to congress in recent days. Hagel noted isis has global as rations aspirations but says successful airstrikes have disrupted the group tactically. Kerry says he has arab commitments to be part of the mission. Even with the pitch, a key democrat says rounding up the votes wasnt easy. There was a test, and mike and i had to really work hard to get the votes to get that passed because there are a lot of people on his side, and it was almost it wasnt, we both on our caucuses, democrat and republican, we got more votes in our caucuses than nay votes, but it was close. Both key lawmakers say president obama will eventually need a new military authorization from congress for the long term, but that wont happen until after the november midterm elections. Heather . Heather mike emanuel live for us, thank you. Jon we are now just midterm weeks away from the midterm elections, and the stakes high for both parties as they battle for control of congress. The New York Times forecasting republicans have a slight edge in traching the senate in taking the senate. Meantime politico now accuses Senate Candidates of giewzing gotcha tactics while ignoring big issues in this election. Lets talk about those questions with the politics editor for roll call and jamie weinstein, Senior Editor for the daily caller. What about it, jamie . The races are tight, but there have been surprises in places like colorado where all of a sudden a republican candidate who had been very, you know, in a very tight race, the republican seems to be pulling ahead. What does it look like for republicans in the midterms . Well, they need six seats to take the senate, and they already have about three in the bag, in south, montana and west virginia. At this point they probably could be running Charlie Manson and still win in those states, theyre just way ahead in the polls there, and the dynamics look like theyre going to take those seats. Theres a handful of tossups where they need to pick up at least three of those seats to win the senate, and they have a good shot at many of those, and i think its for several reasons. One is theyve nominated good candidates, up like last cycle where they unlike last cycle where they nominated some real clunkers who talked about things that werent going to help them get elected. The the states that are up this cycle are naturally beneficial to the republicans, and three is youve got the republican allstar this time, and that is barack obama with his low Approval Ratings, i think, is really going to help republicans win with a lot of voters just going to vote against him in this election more than for the republican candidate. Jon what about that . Do you see it as votes against the president more than votes for republican candidates in the senate . I think it depends on each individual race, right . You look at a state like New Hampshire that in the past has definitely followed the National Political mood, and thats one state where i think if Jeanne Shaheen loses reelection, its definitely in large part because of president obama, right . But you look at other states on the map like louisiana, right . Certainly, the president is not scoring well, his Approval Ratings are terrible in louisiana, but Mary Landrieus been a senator there for a couple terms, and she has developed her own brand. She comes from a political family in the bayou state, and its a different case. It depends on the nature of the and the nature of the race just how big an impact the president will have on the ballot. Jon we mentioned that race in colorado where corey gardener, the republican congressman, is taking on senator udall, the senator there. All of a sudden gardener seems to have pulled off a fairly significant lead in a race that had been tight. Why . Well, its very early, and i would like to see some other polls just to verify that eightpoint lead which we saw yesterday with the quinnipiac poll. But i think corey gardener, one, is a good candidate. I agree that all politics is local as they say, but as in recent history as opposed to previous decades, it does seem to be following more and more that these midterm elections follow the president ial Approval Ratings not perfectly, but more and more as opposed to the past. And i think in colorado you have a lot of people probably just not seeing the president getting the job done on the economy and foreign policy. Fox news recently had polls showing the president way underwater there. Yes, local things matter, but i think the National Scene matters very much as well. Jon yeah. Lets talk about this opposition issue that we mentioned in the leadin, shera. All of a sudden, you know, when the countrys plagued with high unemployment, weve got, you know, big issues in, you know, overseas in ukraine and syria, iran, iraq, all of a sudden little issues are sneaking into these elections. Where does it come from . Right. So, you know, in many cases nowadays when newsrooms are feeling the crunch, right, especially print newspapers, there just arent as many reporters as there were ten years ago, a lot of times, you know, outside groups will do research and hand this many off to reporters hand them off to reporters. Its become more and more a fact of Political Campaign coverage over the last two years. I mean, there are multimillion dollar organizations on the right and on the left that, basically, research these candidates, they trail these candidates everywhere they go trying to find a gotcha moment or digging up legal documents to eventually send to reporters to write about. Jon yeah. Somebody didnt pay a mortgage or, you know, somebody had a divorce when they were 22, that kind of thing havent lived in the state for a while, yes. Jon jamie, whats it doing to our politics, anything . Some of these are little issues they bring up, but some of them are a little bit more than little issues. For instance, the case in montana where a plagiarism issue sunk the candidate there. That might be called a little issue, on the other hand, its a character issue, and character to a lot of voters matters, and i dont think for a lot of people thats a little issue. I think character issues get to the heart of the matter of what type of person you want representing you in the senate. Jon yeah, interesting. Some of this negative information that comes out about candidates very often comes from the other side. Just a note to voters. Shera, jamie, thank you both. Thank you. [cheers and applause] heather a fox news alert, theyre off and running on wall street with possibly the biggest ipo in american history. The Chinese Ecommerce Company alibaba set to offer shares any moment now on the new york stock exchange, and theyre expected to open well above the 68 share price. That amount gives the company an initial be market value of 168 billion. And, by the way, amazon . Theyre worth about 150 billion right now. In fact, alibaba has a bigger volume of transactions than amazon and ebay combined. Its ticker name is baba. Jon thats going to be something. Scotland voting to keep the United Kingdom united, and it will not end more than 300 years of partnership. More than three Million People turned out to vote, voting 5545 against independence for scotland. Prou. K. Supporters all over the country celebrating this morning, and british Prime Minister David Cameron vowing to live up to the promises hes made to give scotland new powers on taxes, spending and welfare. Heather still to come, a doctor convicted of murder set to learn his fate today. His wife found dying in a bathtub after he gave her drugs following a facelift. But hes already in prison for something else. And even as Congress Gives the go ahead for president obamas plan to take down isis, theres no shortage of skepticism on the hill. We will talk with the House Majority whip about what is yet to come. [gunfire] in the nation. The safest feature in your car is you. Add vanishing deductible from nationwide insurance and get 100 off for every year of safe driving. Which for you, shouldnt be a problem. Just another way we put members first because we dont have shareholders. Join the nation. Nationwide is on your side heather welcome back. Right now new information on some crime stories that were watching for you. A doctor in provo, utah, convicted of murdering his wife, learns his sentence today. Martin macneill is already serving 15 years in a sex abuse case involving his daughter. He could get another 15life for drugging his wife after cosmetic surgery and leaving her to drown so he could be with his mistress. A chicago man confessing to killing his girlfriends mother in bali. His pregnant girlfriend says she helped him stuff her mothers body into a suitcase. And police say that a man in the northern florida town of bell shooting and killing his daughter and his six grandchildren. The children between three months to 10 years old. Police say he shot and killed himself when they got there. Jon we are waiting for word that president obama has signed the legislation authorizing his strategy against isis. That plan includes funding to train syrian moderate rebels and provide them with weapons. The house and Senate Approved the plan handily this week but certainly not without qualms, even for lawmakers who voted yes. Joining us now, republican congressman Steve Scalise who worked to gather those votes in his relatively new job as House Majority whip. Tell us about that process. Buzz it tough to get was it tough to get the votes to say, yes, lets arm the Syrian Rebels . Sure, jon. And a lot of our colleagues still questions, would like to see the president lay out a broader strategy. What he talked about haas week before the nation was very limited and, frankly, didnt lay out the broader approach of how were going the root out isil and other terrorists throughout the world because clearly we see the threat broadening. What he asked for was authority to train syrians. What we passed was an agreement to let him move forward with that process, but theres also checks and balances. The president s going to have to come back to congress to show us how hes going to vet those syrians, because you dont want the wrong people getting weapons as were training them and also what kind of coalition is the president going to build . Hes going to have to show us the countries that have agreed to work with us and what kind of real commitment in terms of both money and troops theyre going to put on the table. Jon roughly 40 of the democrats on the house side voted against this thing, most of the support came there you republicans. What about the irony there . Well, look, our colleagues especially on the republican side take this threat of terrorism very seriously. Its getting worse. And if you look throughout the middle east and it wasnt just the beheadings. This has been a threat thats been building for months and months, and so were very serious about it. We want to see the president get more aggressive in laying out a broader strategy for how to make sure not only we stop them over there, but they dont come to america. And we have got Serious Problems on our southern border. Its a National Security issue, and wed like to see the president more aggressive in addressing that as well. Jon when the president spoke to the troops the other day in tampa, he said to those soldiers, you know, on the base behind him, he said im not going to commit you to a ground war in iraq. What dueck about that . What do you think about that . Theres been a lot of criticism that the president shouldnt be taking Ground Troops off the table. Any strategy the president has shouldnt be telegraphed to our enemy, you know . You look back at the cold war, ronald ray gab never told the soviet union reagan never told the soviet union what he was going to do. Frankly, he didnt even have to use options, but the soviets knew he was willing to x that helped us defeat that threat and end the cold war without a shot being fired. So youve got a serious enemy out there that is a threat to our nation, and its islamic terrorism throughout the region. Again, many of them have American Pass ports. Theyve been recruiting americans to go over, train with them, and youve got to expect some of their plaintiffs to come back here. We need to be serious and aggressive about it, and youd like to see the president not the telegraph to the enemy what options hes taking off the table. Jon i know that you republicans were not unanimous in this. Duncan hunter, for instance, an iraq war veteran, congressman from california, voted against the resolution, said that it doesnt do anything, doesnt effectively help destroy the islamic state. Again, its your job to try the twist these votes to go the way that the leadership wants. What do you say to a fellow like that . Well, duncans got a lot of great points, and hes a great member, he understands. Hes fought for our country. And what he said is, frankly, the concern a lot of us have is we still want to see the president lay out that broader strategy. He did ask for a limited authorization, and we said were going to give him that opportunity. But we also wrote it in a way where there are checks and balances, and the president s going to have to actually start producing some things, building a coalition that he talks about that hasnt developed yet. Hes going to have to do that and come back and Show Congress what the plan is. As we see that broader plan over the next three months, the president s then going to have to build a broader coalition not just across the country, but in congress to go to that next step. We felt we should at least give him this first opportunity, and ultimately, what congressman hunter and so many of my colleagues agree on is that this is a more serious threat. Its got to be taken with a broader plan and make sure that were committing everything we can to go and eradicate these terrorists throughout the world. Jon i think the question that so Many Americans want the answer to is how can you be sure that when you provide funding, when you provide training, when you provide arms to these syrian opponents, how can you be sure that their aims are true . Right. And thats one of the checks and balances that we put in the legislation. It was something we added in the house, is that the president s going to have to come back to congress and show us what the vetting strategy is. Because as you mentioned, over in syria there are some people that want to take up arms against isil and go fight islamic terrorists. Some have their own agenda, and some of their agenda may involve doing harm to the United States. Clearly, you dont want to arm those folks that want to harm america, but you want to help the folks that want to go and and fight terrorists. And thes going to have to lay out the plan, and this is spelled out in our language that we passed over this week that the president s going to have to lay out that plan of how to vet these groups that are going to be working with america and the broader coalition that hes got to build. Jon congressman Steve Scalise, the new republican majority whip in the house of representatives, its good to have you on. Thank you. Thanks. Good to be with you, jon. Heather police in virginia issuing a search warrant for the man they believe is seen in this video as a missing College Students parents continue to wait for any sign of their daughter. And as our countrys very first ally joins the fight against isis today, are the terrorists really as invincible as they seem . Is while every business is unique, everyone is looking for ways to cut expenses. And thats where pg es Online Business Energy Checkup tool can really help. You can use it to track your Actual Energy use. Find rebates that make equipment upgrades more affordable. Even develop a Customized Energy plan for your company. Think of it as a way to take more control over your operating costs. And yet another Energy Saving opportunity from pg e. Find new ways to save energy and money with pg es Business Energy checkup. Heather right now france becoming the ft u. S. Ally to launch airstrikes on isis. The cups president , francois hollande, announcing successful strikes on targets in northern iraq, can killing dozens. Vowing more strikes to come but stressing that frances help would end there. Senior fellow at the foundation for the defense of democrats has just returned from the middle east, and he joins us now with his perspective. Thank you for joining us. Good to join you. Heather how do we defeat isis . Is there a vulnerability . Isis is a very vulnerable organization. Its very dramatic announcement that it had reestablished the caliphate, it requires the Organization Maintain a viable caliphate. If it loses that, it loses a lot of its legitimacy, and its likely to expend far more resources to retain territory than is military wise. Heather and speaking of what is militarily wise, in terms of airstrikes we mentioned that france has now joined us. When the president spoke, he also talked about 40 other countries joining in a coalition, arab countries joining us. How important will that be to completing our mission there . The coalition gives legitimacy to efforts, but in terms of airstrikes, its not clear youll get a whole lot other than u. S. , french and maybe british airstrikes. You may see some airstrikes carried out by uae, but theyll only be a small percentage of whats done overall. Another thing thats important other than airstrikes is that you have people who are going after isis on the ground because the u. S. Isnt going to be putting this Ground Troops other than perhaps with special operations forces. To that extempt, you have iraqi forces, Kurdish Forces and, actually, Iranian Forces as well that are working against isis on the ground. Heather yes. And the president mentioned training and supplying weapons for syrian forces, Syrian Opposition groups. How do we know who, n. , were dealing who, in fact, were dealing with there, and is it choosing the lesser of evils . I dont think we do know who were working with there. I mean, there are moderate are groups, there clearly is isis and more moderate groups who are fighting them, but they havent broken with the us in rah front which is news rah front which is alqaedas recognized affiliate on the ground in syria. The majority of them have not because nusra, unlike isis, has worked with other people on the ground. Look, for the rebel perspective, its perhaps understandable when youre fighting against the assad regime and all the terrible things its done, youre going to look for all the allies you can. But from a perspective of u. S. Strategic interest, i have a lot of concern that the things we provide to rebels will end up in the wrong hands. Heather i want to talk about part of the Propaganda Campaign that isis has launched, and you where this article, it was released on wednesday, when you were talking about their vulnerabilities, and you said that their brutality that they have broadcast this these videos, these beheadings, could actually end up working against them. Absolutely. It looks very good right now when theyre winning. Its drawing people to the theater. You have these zealous young men who are celebrating the beheadings, the raw brutality thats being broadcast to the world. Theres actually a very good analog to this which is the predecessor of isis, alqaeda in iraq. In the 200507 period, it looked like alqaeda in the iraq had basically eclipsed the overall organization. It also had videos of the beheadings, and its leader, zarqawi, was perhaps a more towering figure than bin laden. But if you fast forward a few years to when you got a backlash against that brutality, the groups brand had had become to. Similarly, when isis starts to lose, the brutality may not look so cool. Heather and we did notice a difference in the video of the british journalist, different than the ones released before, obviously. Thank you so much for joining us. We appreciate your insight. My pleasure. Jon could there be echoes of the iraq war in the run up the take military action against isis . Some critics raising concerns now about the Media Coverage of the isis threat. Also, brand new details just coming in. Police are scouring an apartment complex right now in the search for a missing College Student weve told you about. Were on the scene with the latest, next. If you want to make things that move, move better, just talk to one of our scientists. Theyll show you a special glue weve developed that bonds metal to plastic. And that makes the things youre trying to move. Lighter. The less weight. The less energy. And what you save can be used for speed. For efficiency. Or just for fun. This is the Human Element at work. Dow. Jon still to come this hour of happening now, could facebook end up changing the face of divorce . A judges surprising decision that could have a big impact on the legal system. Also the family of a missing university of virginia student fearing the worst, still no sign of Hannah Graham as police now search for a man seen with her shortly before she vanished. And why wouldfires raging out wildfires raging out west threatening thousands of homes, now we are learning it may have been intentionally set. Heather as jon just mentioned, we have a fox news alert for you now. Brand new developments in the search for that missing university of virginia student, Hannah Graham. The 18yearold vanished after leaving a party last weekend, and right now police are executing a search warrant at an apartment complex. Leland vittert is live this charlottesville, virginia, with the latest. And, heather, police have been working through the night on these leads. Let me step out of the way and give you a look at the apartment complex. Were talking about the apartment there and the open door that police now have their forensics teams looking. We also can confirm they took away a car to search from this location, theyre interested in getting a better look at. This all develop inside the past 2448 hours after surveillance tape was released showing a timeline of Hannah Grahams trip from an apartment complex where th a party all the way down a pedestrian mall in charlottesville they were able to talk to a witness, the witness provided the description of a second person who they call a person of interest in this case who the witness described putting his arm around hap that graham around Hannah Graham around 1 00 in the morning, the last time she was ever heard there via text message. And from this surveillance tape and the tips they got, police came to the apartment complex. I would hope that it is, you know, obviously not knowing what, if any, evidence we might find during the result of this, im unable to say whether its a break or not. Is this the first solid lead you have . And police say they will be here all day looking for evidence about Hannah Grahams disappearance. A very popular secondyear student at the university of virginia. Last night it was an overflow crowd for a vigil held in her honor here, and this community is not immune or unknown to this type of situation. In the past five years, there have been five women who have disappeared in what they call the 29 corridor here in virginia, only one of those women has been found. She was found dead, her murder is unsolved, and tomorrow they are organize toking a Large Community organizing a Large Community search for hannah to try and find any more clues. People are registering all over town to participate in that, heather. Whether what they find will make that search unnecessary or not is still too early to tell. Police say they will have a press conference later today with what they say is a lot more information about what led them specifically to this apartment complex. Back to you. Heather very interesting. Leland vittert, thank you. Jon we have seen the brutality of isis in the executions of two american journalists and others. Also the terrorists have threatened to kill even more americans. This is the latest video of isis fighters today. But despite the beheadings, the crucifixions, the iraqi villages that they have overrun, isis has caused mayhem across syria and iraq. But there are those who question the rush to take military action and the medias handling of the isis threat as well. Senator rand paul yesterday accusing democrats of being hypocrites for supporting war under president obama while opposing military action under president bush. Lets talk about it now with judith miller, a pulitzer prizewinning Investigative Reporter and fox news contributor, tammy roos is also with us. What about it, tammy . There are accusations that the media, you know, putting still photos of the unfortunate journalists just before they were beheaded on the front pages, that the media are driving an attack on isil which maybe does not need to take a place . What do you think . Well, look, i mean, thats news. Whats happening in the world is news. Americans should know about it. And what senator paul is doing is part of the problem that president Barack Obamas doing in that they are referring back to the past of a situation that was entirely unique and a dynamic that was different. This is now. This is a different situation. This is a dynamic that is created out of syria. The meltdown of the syrian dynamic, isis coming out of that, and this is whats so very strange, is the these to attach a political framework to the choices we make. At the same time, you know, the media in some ways is covering certainly some very basic news like the beheadings, but theyre not covering the murder of a man out of new jersey by a selfdeclared jihadist, some headlines out of australia with their roundup of jihadists declaring that they were going to behead somebody in public. So the rhetoric that comes out of isis with their propaganda is, in fact, worldwide. Its international. Its not about isis coming over here, you know, and parachuting into miami, its about the impact theyre having using social media. Jon tom friedman wrote in the New York Times, judy, that isis is a threat or isis is awful, he says, but it is not a threat to americas homeland. Well, i think thats right for the moment. And thats the issue, for the moment. I mean, ive just come from israel and, believe me, the israelis are not worried about isis, but they are worried about groups like isis such as hamas, with whom theyve just fought a 50day war. Al news nusra, the other group in syria, but they are the alqaeda affiliate there. So i think journalists are raising questions correctly, jon, about whether or not they should be questioning the, quote, strategy such as it is. Who do we want to eliminate if we get rid of isis . Do we help assad solidify his control of the country . Those are both bad outcomes of what could be the president s strategy. But because the president doesnt can like to use the w word and im not talking about george here, im talking about war were arguing about whether or not were at war, whether or not we should take boots on the ground. Thats not the issue. Does the strategy make sense, thats the issue. Jon tammy, some of the problem, i think, is the president s pronouncements to the media and the way his approach to the problem has changed back in january describing isis in that new Yorker Interview as, you know, a jv quad, and then in a prime time address announcing that hes going to destroy them because they are, you know, evil and a threat. Well, see, this is the problem to some degree with the media, is that theyre moving in a daytoday basis, and perhaps for them like for senator paul, this is some kind of a rush to war. But we now know that, in fact, the administration was discussing the problem with isis for years, we know at least certainly since january when they took over fallujah, so im not quite sure where the rush is. Weve also been giving warnings to isis, effectively, as they are now moving their equipment from known locations, theyre moving their weapons depots, themselves, their headquarters. So were seeing a lot of a change happening when it comes to isis realizing that that we, apparently, are going to be taking our time in dealing with certain things. We finally have a french strike which is helpful, but isis has been able to move because of this being handled as a news event, as a news cycle event versus a governmental event. Jon even the number of airstrikes, you know, when the president got involved and started targeting isis in iraq, judy, 124 airstrikes so far, thats not a huge number. No, its not, and there are no plans, it seems, to move more aircraft carriers into the region or to enlarge the capacity of america to strike. But heres the problem, whom are you bombing . I mean, if you bomb the sunni villagers who are supporting isis, youre going to drive them closer to this extremist group. So you have to have really good intelligence on the ground. That means putting together the coalition that the president has slowly been putting together. Its tough going. I mean, i was over there, and the turks just said, no, were not going to help because weve got hostages. Hello . We have hostages. They have a long border with isis. How do you defeat them if they can keep going back and forth . There are so many questions here that i want to hear the media asking. Jon all right, very good. Thank you both. Thank you. Thanks, jon. Heather a groundbreaking court ruling that could make facebook the last place you want to go. How social media could become the new serving ground for legal papers. Our legal panel weighs in and explains the implications of that ruling. And a texas mom accused of poisoning her adopted son with salt. Granted a brand new chance at freedom. Why the Court Approved a new trial for the mother of five, up next. When fixed income experts work with equity experts who work with regional experts thats when expertise happens. Mfs. Because there is no expertise without collaboration. Jon fourteen minutes away there the top of the hour, and outnumbered. Harris and andrea, what do you have coming up . President obama is winning congressional approval to arm the Syrian Rebels, but some democrats are not onboard. How their concerns could affect the president s plan. And growing outrage after slender man costumes go on sale, can you believe this, in the exact same county where two girls allegedly stabbed a classmate to please the character. And first comes love, then comes marriage. You know what . Maybe not. Some stunning new numbers about the nations marriage rate. All that plus our hashtag, first timer, harris, one lucky guy at the top of the hour. Yes, outnumbered jon somebody may not be prepared for what hes about to get. I dont know if he is. Surprise is always fun. Jon see you next hour. Heather forget facebooks like icon. After this ruling they will need to add a served icon. A judge giving a new york man permission to serve his exwife notice via facebook that he no longer wants to pay Child Support. A Family Court Magistrate saying hes allowing him to use the social media site since more traditional methods, apparently, didnt work. The groundbreaking ruling the first of its kind in new york and the first in the u. S. That does not involve an attempt to serve someone overseas. Fred tecce is a former prosecutor, arthur aidala, a fox news legal analyst. Thank you for joining me. Youve had to deal with cases dealing with the social media. Usually to find information about people to crossexamine them on the witness stand. But now its taking things to another level, and what the judge is saying is its right here the wife is, basically, hiding from the husband. The husbands trying to tell her, look, our childs 21, i dont have to pay you Child Support anymore, and shes ducking him. Shes very active on social media. So the judge said, look, stop sending her the checks and let her know on social media that shes not getting any more. Heather so, fred, what kind of precedent does this set . Ive actually been involved in cases where we have done this stuff. Shes ducked every other effort. Hes tried to serve her by mail and in person, so the judge is letting her do it by social media. Can heather, what i dont think this should set a precedent for is you cannot start a lawsuit by serving but its either heather, youre being sued no, i disagree. You dont really know youre going to duck people because youre lying in your basement playing on facebook, then too bad. How do we know heathers the person on her facebook account . Answer the door when the process server comes there and says well, how does it work . Heather someone else could be on the computer. They could be, and thats the argument that you make. But ultimately, the law doesnt protect people who duck service. So if you duck service, you basically give away some of the Due Process Rights right. The law is right now if youre not at the door, they have to try three times, and the third time they have to nail it to your door, and then they have to put it in your mailbox. Heather is theyre mailbox your Facebook Page instead. Youve been served. Heather switching gears, to a brand new chance at freedom for a texas mother of five. She was sentenced to life in prison after being convicted in the 2006 salt Poisoning Death of her adopted son. A Texas State Appellate Court granting hap thatoverton anna overton a new trial over prosecutorial misconduct. Now, the prosecutor in this case has admitted that she was, what, an alcoholic, and she was also taking diet prescription pills, all kinds of problems. So there were some problems with this case to given with. Fred, ill start with you. There were some problems with this case. And, you know, i dont do criminal defense work, i leave it to guys like arthur, and it pains me to say in this case this may have been the right decision to give this woman a new trial. Im questioning the evidence that i saw against her. The thing about the prosecutor, i mean, thats like a little bit of sauce for the goose, but ultimately, the question is what evidence was there to convict this woman of a very, very serious charge. Heres what the most telling thing is, heather, texas is a very proprosecutor state. The ruling by the judge here was 72 that this woman did not receive a fair trial. And other judges wrote a concurrent opinion of those seven, i think another three were like we dont like this whole prosecution, and then they also faulted the defense because the child is allegedly being poisoned by salt, they never called an expert about how to be poisoned by salt. Heather i have to wrap it before you get boo a back and forth. Good decision. Heather you both seem to agree. We agree on that one. Heather jon, well move it on that. Will i think arthurs moving his practice to texas. Eleven major wildfires still burning in california. An update just ahead. Dont compromise. Ok, how about 10 gigs of data to share, unlimited talk and text, and you can choose from 2 to 10 lines. Wow, sounds like a great deal. So im getting exactly what i want, then . Appears so. Now, um, im not too sure what to do with my arms right now cause this is when i usually start throwing things. Oh, thats terrifying at ts bestever pricing. 210 lines, 10 gigs of truly shareable data, unlimited talk and text, starting at 130 a month. Iwith something terrible to admit. I treated thousands of patients, risked their lives, while high on prescription drugs. I was an addict. Im recovered now, but an estimated 500,000 medical professionals are still out there, abusing drugs or alcohol. Police, airline pilots, bus drivers. Theyre randomly tested for drugs and alcohol. But not us doctors. 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So far the wildfire in the northern part of the state has driven nearly 3,000 people from their homes. Its threatening at least 12,000 homes overall. Adam houseley live in pollack pines with the latest. Yeah, jon, the latest we know this morning the suspect, wayne alan huntsman, identified as the person authorities believe started this fire on purpose six days ago, about four hours from now he will be arraigned. Currently hes being held on 10 million bail, so he will face a judge shortly and hear the charges against him, felony charges of starting this fire on purpose according to authorities. Meantime, this fire is burning in more rural and rugged areas. The good news has been that its moving away from homes and into areas that are less populated. In fact, really the way to go at this fire right now is from the air, the aerial drops have been significant and impressive. Not only water, but fire retardant. Theyre using nearby reservoirs and lakes as well as flying down near sacramento to come back up here and make these drops really when the sup comes up, throughout the day. We havent seen hem or heard about them doing the drops at night. The fire itself, as you mentioned, 76,000 acres. The good news on that side is that the two previous nights it had doubled in size, and last night only about 4,000 acres, heading more towards lake tahoe. Were told that the forecast here, the temperatures will continue to drop which has been good news. Humidity has come up. The winds may come back, but some forecasters saying it may below the fire back on itself. Yet to be seen, of course, because thats going to happen this afternoon. Firefighters are cautiously optimistic, at the same time, they say this thing is going to burn for some time and, again, as we know especially here in california, very difficult conditions, droughtlike conditions, and as one fire captain told me yesterday, this is just the beginning, jon, of a very long fire season at the end of summer and into the fall. Jon and just appalling to think somebody may have started that on purpose. Adam houseley, thanks. Heather well, here are some brand new stories that we are working on for the next our hour of happening now. Have you stopped by the home depot lately . Keep a close eye on your credit card statement. Details on a massive data breach at the Home Improvement store. How much money do you have in your pocket right now . I have 40, 21. Could something that small make an impact on something as big as your retirement . I dont think so. Well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years, that retirement challenge might not seem so big after all. Jon well be back in an hour of the outnumbered starts right now. This is outnumbered. Im andrea tantaros. With us one lucky guy, jonah goldberg. Nationalreview. Online. He is outnumbered. We have 50 of bret baiers panel today. Take that bret. You. Guys have a connection through alaska. Yes we do. My wife and my wifes little sister were very close friend with the powerses in fairbanks, alaska. Would you like to share the relationship . No,