citizen. well done, my friend. >> he's a great man. all right, everyone, have a fantastic weekend, that's it for hello. i'm eric shawn. welcome to a brand-new hour of america's news headquarters. >> i'm arthel neville. admiral who once had his finger on america's nuclear arsenal now facing charges for fake poker chips. the latest twist to a navy leader who allegedly gambled his career away. president obama daring the republicans to do something to try and fix immigration. instead the gop is promising to take action against the white house. first they were lost. now they might be found. up to 30,000 of lois lerner's e-mails at the center of a massive irs scandal. we begin with new information on a grand jury decision out of ferguson, missouri. sources now telling fox news that it is now unlikely the grand jury will meet and render a verdict this weekend. instead that decision is not expected to come down until at least monday when the grand jury has decided to reconvene. this comes as the f.b.i. in st. louis confirms it had to rescue two people for purchasing explosives used to build pipe bombs. bombs they reportedly planned to use during protests. now more from garrett with the latest. >> reporter: those are the kinds of individuals that law enforcement agencies are most worried about after this grand jury's decision. police chief told me that he's not worried about 95% of the protesters who are out here demonstratorring peacefully. he said it's that other 5% that he is worried about. groups like the new black panthers, the communist party, the kkk, as well as occupy and individuals who will come into these large otherwise peaceful demonstrations and use them as cover to incite violence and commit criminal acts. that is what they have been focusing on building up here the last several weeks. he says they're aware of many of these individuals and groups and they've been keeping an eye on them leading up to this grand jury's decision. last night in ferguson, we saw one of the largest demonstrations we've seen this week so far. it was a group of about 125 protesters who blocked the street there. they did have some minor clashes with police. but for the most part, it did remain peaceful. a few got testy with officers. three were arrested in all. but police say that is what they hope will continue, is you won't have the violence or any loss of life. that is the number one goal for police and protesters going forward. as you mentioned, we're hearing from our sources that the grand jury will likely not be meeting this weekend and will be reconvening on monday to continue their deliberations to decide whether or not to file those charges against officer darren wilson. that is just part of the waiting game that everyone here across st. louis is now anxiously waiting to find out what the word will be. >> indeed. garrett, thank you so much. i want to let our viewers know we'll have more on ferguson later in the hour with the president and executive director of the new york civil rights coalition set to weigh in on what needs to happen to keep it peaceful in ferguson. what is happening in buffalo? first the folks there were coping with a year's worth of snow that fell in a few days. tonight there is a new concern. coming rainstorm, warmer temperatures and fears that could mean massive flooding. look in upstate new york. that's the weather beginning to warm up and all that melting snow has to go somewhere. so flooding and roof collapses are serious threats. new york governor cuomo says they're send not guilty boats, helicopters and vehicles that can operate in four to five feet of water. bryan llenas has more. >> reporter: heavy snow is part of the big concern on top of that flooding. on thursday, 30 roofs in the buffalo area collapsed overnight. not only do you have seven feet of snow on top of these buildings, but a half inch of rain is in the forecast for sunday and monday. potentially making that snow heavier, raising the threat of more roof collapses. meanwhile, temperatures on monday are expected to rise to 60 degrees, melting snow, holding the equivalent of about six inches of rainfall. this has shifted the state's focus to preparingotential flooding. the national weather service has issued a flood watch extending from sunday to wednesday. the state has stockpiled more than 50 water rescue boats, water pumps and 176,000 sandbags. heavy equipment is ready to clear the clogged up drains. people continue to dig out of their homes and clear roads. neighbors helping neighbors along with the new york national guard, some 5,000 people are helping in the clean-up effort. some local travel bans are being lifted, allowing delivery trucks to bring much needed food and supplies. 132-mile stretch of the new york state throughway reopened. several exit ramps remain closed and roads are considered very dangerous. meanwhile, speaking of roads, people all over buffalo are searching for their cars now. many cars were buried under the snow forcing some residents to abandon their vehicles on the roads during the storm. >> monday night i was trying to get out just to get to the store to get basic necessities and i made it 20 feet out of my driveway, got stuck. then it got buried. >> reporter: the good news is the county is picking up the tab for all those cars being towed. for the flooding, governor cuomo says they're preparing for the worst and hoping for the best. officials are unsure how bad the flooding will be. that will depend on how much rainfall, how warm it will get and how quickly the snow melts. >> they really have had it. thank you so much. one of the people injured in this week's shooting at florida state university now released from the hospital. the 30-year-old library worker was one of three people hurt in the attack. one of those victims is still hospitalized and still in critical condition. police say the gunman mailed packages to a number of his friends in the days leading up to the shooting. investigators intercepted one of them in texas, saying it contained journals and videos. they went poof, never to be read ever again. we're talking about lois lerner's lost e-mails. guess what? federal investigators say they may have recovered as many as 30,000 of them. investigators will be combing through each and every one. she's the former irs official at the heart of the investigation into allegations that the agency unfairly targeted conservative groups seeking tax exempt status. now that her e-mails have been found, what could that mean for the ongoing investigation? molly henneberg is live in washington with the very latest. hi, molly. >> reporter: hi. they were lost and now they're found. apparently. 30,000 e-mails that the senate finance says may be important in its investigation into the irs targeting scandal. irs commissioner told congress in june that the tax agency's i.t. experts could not recover the e-mails. now the treasury department's inspector general office says it has found the data on the irs's back up equipment. responding to that news, the irs put out a statement saying, quote, as commissioner has stated, the irs welcomes the independent review. the treasury inspector general, and expert forensics analysis. commissioner koskinen said for some time he would be pleased if additional lois lerner e-mails from this time frame could be found. lois lerner the former head of the exempt office at the time when conservative groups contend they were targeted unfairly by the tax agency. critics have long been suspicious of the irs' claim that her e-mails were irrelevant irretrievably lost. >> we know this government has lied to us repeatedly about the irs. lois lerner first said oh, we didn't target anybody. we know they did. we didn't target just conservative groups. primarily they did. gee, the dog ate my homework and it just happened to eat homework of every irs employee who happened to have anything to do with this. >> reporter: lawmakers say they haven't seen the e-mails yet. the senate finance committee says that the treasury inspector general's office is trying to convert the data into, quote, readable format before turning the e-mails over to congress. eric? >> thank you. we have new information now about the navy officer who was fired as the number two commander of u.s. nuclear forces. rear admiral timothy giardina linked to making fake poker chips. investigators say his dna was found on a sticker used to alter one dollar poker chips to make them look like $500 poker chips. he was removed as head last year over his gambling habit. time is running short. we're less than 48 hours before a deadline before a final deal with iran on stopping tehran from being able to build a nuclear bomb. during talks today, john kerry acknowledged that a lot of work still needs to be done and the sides are still far apart on some issues. >> we've been obviously having difficult talks here, complicated topic. we're working hard. we hope we're making careful progress. but we have to guess. we're still having serious gaps which we're working to close. >> all this fueling speculation that the deadline could be delayed yet again. some are demanding iran's human rights violations also be part of these talks. >> children are allowed to watch, hamp takings, torture, and persecution of political prisoners, christians and others, have skyrocketed according to the group iran human rights. it says executions have doubled to nearly 700 a year. >> the right to life is not in the country. people can be put to death for offense which is do not constitute serious crimes. >> iranian opposition groups say the issue of the human rights should be part of the nuclear talks. the head of the national council of resistance of iran tells fox news, quote, the iranian regime 's record must be referred to the u.n. security council. nuclear negotiations should not act as an excuse to turn a blind eye to the egregious human rights abuses in iraq. but last month, iran defended its record, saying the death penalty is used only for serious crimes, prosecuted fairly in a court of law. >> the lambic republic of law continues to fully participate in international deliberations and activities for the promotion and protection of human rights. >> after talks, iran continues to be defiant, refuse to go stop iranian enrichment and demanded by six united nations supreme court council resolutions. a deal would likely bypass that even though iran has barred u.n. inspectors from a facility suspected of nuclear explosion research of the they claim it's a regular military base. the u.s. releasing a citizen who spent last 12 years at guantanamo bay. he was sent back to his homeland where he will enter a program intend to do rehabilitate militants. he is the 13th person to leave guantanamo bay this year. about 140 detainees remain there. president obama is improving new guidelines with the u.s. military in afghanistan. you know they say this conflicts with some of his early premises. what are the changes and why are they making those changes and that decision now? plus, president obama's he cantive action on immigration sparking a major legal debate and a huge battle with republicans. how all of this is expected to unfold. being a private banking client isn't what it used to be. from san francisco to silicon valley, boston private bank works with all kinds of people who are innovating, building, contributing -- individuals, business owners, private partnerships, non-profits, families planning their financial futures. people like you. if you want the individual attention and expertise your financial needs deserve, this is your time. this is your private bank. u.s. and coalition air strikes in syria killed more than 900 mostly radical islamic terrorists in the past couple of months. that's according to the syrian observatory for human rights. the british organization says that most of the dead are fighters with isis, but does say some civilians have been hit. those strikes also killing dozens of militants who are with the al-qaeda group. in spite of those strikes, isis still contains control of a large swath of iraq and gaining more. president obama reportedly expanding the u.s. military mission in afghanistan. officials say he is allowing the pentagon to target the taliban in that country. earlier the president said american troops' role would be limited to hunting al-qaeda members. so what's behind the decision? the former deputy consistent to president george w. bush and ellen ratner is a bureau chief of talk radio news services. hello, ellen. she's also a fox news contributor. >> thank you very much. >> brad, i want to start with you. if this is about the safety of personnel, do you have a problem with the president's plan or perhaps do you have a problem with the fact that he didn't recently announce it? >> then he didn't recently announce it and he hasn't been square and up front with the american people. look, we're just within the past few weeks two former defense secretaries who served this president gauge and panetta, said this president doesn't have a will. this president, everything he does is political. it's reactionary. it's not visionary and it's not real in the sense that when you fight a war, you fight a war to win. not to manage conditions. and the president governs domestically and internationally as if it was the way he wished things to be instead of the way things are. we've seen it in iraq. precipitous withdrawal brought us isis. the same things are happening in afghanistan. we have a new president in afghanistan who welcomes us. yet, the president gave the enemy a date to leave. this is not a good strategy. it's not one that is going to win us friends and gain us a type of benefits that we need to have a stable afghanistan. just like now we have an unstable afghanistan and iraq. >> ellen, how do you see it? do you think the president, our president, should have waited until this new president is in place there to maybe renegotiate the number of troops who remain there? >> well, clearly that has always been on the table in terms of renegotiation. but where i disagree with brad is look, if there is -- if the president really didn't have the will, he would not have put the troops in. where i do agree with him is that i wish the president would come out and tell the american people, look, they requested us being there. we don't want another isis situation. therefore, i have made the decision to do this. i wish he would not be so quiet about it and be more open about it. now, die actually think that putting some troops there is going to do a lot of good? probably not, because we had a lot of troops there and we're still in the same situation. >> let me pull up a full screen from a quote from a senior administration official. this is according to the associated press. quote, the president also stated that the united states will be continuing to narrow missions in afghanistan after 2014. first a key focus of the united states post-2014 mission in afghanistan will be counterterrorism and we will continue to target the remnants of al-qaeda in afghanistan to prevent an al-qaeda resurgence or external plotting against u.s. targets for the homeland. ellen, i'm going to go back to you. i just read that quote from the senior official, administration official from six months ago. is this six months sort of warning not enough? >> it's unclear because you and i are not privy to what some of the intelligence data is. it's unclear about what has happened, has it given a more opening for an isis-isil kind of al-qaeda to happen there? is it going to do any good? those are all very open questions. but as you know, the president did state it's much harder to get out of a war than to get into a war. >> brad? >> obama's uncertainty, both with the american people and with the government of afghanistan, is going to bring us chaos, the same kind of chaos we've seen in iraq. the kurds used to be a wonderful part of iraq. autonomous. they were a thriving economy. now that's all been taken away by our precipitous withdrawal and now the entire country is back in chaos and isis has stuck their claim in the kurdish regions. this is unacceptable. the president is too little, too late in afghanistan thinking that by giving a little in afghanistan, it will prevent the type of total chaos that we've seen in iraq. >> also in those remarks made by the president in may 14, the president said that the american military would have no combat role in afghanistan next year and that the mission for the 9800 troops remaining in the country would be limited to training afghan forces and hunting the, quote, remnants of al-qaeda. ellen, i'll go with you. is this the president's remaining true to his word or not? >> you know, i used to be a family therapist before i became a journalist and we always used to tell people, you have a right to change your mind. the president does have a right to change his mind, particularly if he's getting new information. >> that's it? >> that's what i have to say, yeah. i think that he has a right to change his mind and he clearly did. >> okay. brad, you got any response right quick? >> i do. and here is the problem with obama. he either blames his predecessor, or he conditions his successor. he told the american afghanistan and iraq is going to be at least a ten-year operation. why does he say that? he wants to condition the american people to believe that he can't have any accomplishment and has no will to have accomplishments during the two remaining years of his presidency. by the way, where have you been the last six years other than to telegraph our enemy when we're leaving? >> let me ask you a question, how can you, if you were president of the united states, how would you accomplish a success in afghanistan? i don't think it's possible. >> well, what i would have done is i would have leaned on karzai the same as i would have leaned on the leader of iraq long before it degenerated to this point. it was the inmates running the asylum and they were providing safe haven and talking out of both sides of their mouth and a corrupt administrations. either you can accept it and deal with these people or you can choose to reject it and deal toughly with them. and we haven't had a president yet who was willing to go to the mat for what was in the best interest of the american people. >> i have to leave it there. ellen, you asked the questions, you got your answer. i have to go. >> thank you. >> i think you both, ellen and brad, we'll see you next time. >> thank you. americans and alcohol. it's a subject of a new study by the cdc. we'll have the results for you and they may surprise surprise you. a horrific crime scene after a deadly shooting in a burning home. >> authorities, civil rights leaders and p michael brown's family calling for peaceful protests in ferguson. this as we await the grand jury's decision. we'll have new reaction and insight from a civil rights coalition leader. w&=y÷34o8gy it's the bottom of the hour. time for the top of the news. from snow boots to rain coats in western new york after seven feet of snow, people are getting ready for a new round of nasty weather. melting snow. apparently pack ago heavier punch and increasing the risk of roof collapses. a violent and deadly morning in tallahassee neighborhood. police say a man set his house on fire, shot a sheriff's deputy to death, and wounded another. police shot and killed the suspect. the injured officer lived nearby and threw on his bullet proof vest before running to help. a decision they say, saved his life. plus a vicious and deadly bust. hijacking in northern kenya. suspected islamic extremists killed all 60 -- pulled all 60 passengerring off the bus. they separated anyone who appeared to be non-muslim. 28 of them, and shot them. police say the attack was carried out by al-shabab. sources now telling fox news that it is unlikely that the grand jury in ferguson, missouri will render a decision this weekend. instead that decision is now not expected to come until at least on monday. that's when the grand jury has decided to reconvene. this comes as protesters in ferguson to the streets today for a third straight night last night. authorities, civil rights leaders and michael brown's family are calling for peaceful protests no matter what the decision. joining us for more is michael mars, the president and executive director of the new york civil rights coalition and former assistant director for the naacp. all these years it's always good to see you. we now know the grand jury will not come today or tomorrow. likely, if it comes at all, early next week. potentially what, do you expect? >> there is going to be a decision one of these days. the issue is what kind of decision will it be? and all these protests and demonstrations, however unruly or unlawful, they're not supposed to influence the grand jury's decision. it's secret for a reason. that is the grand jury is looking at physical evidence, listening to the witnesses and they will make a decision based on the law. whatever happens to rule of law? this is where we have had a failure of leadership in our society, because the civil rights leaders and the public and elected officials should be remaining people, basic citizens, and that is that person is presumed innocent before the law. and nobody gets to go to trial on their liberty interest unless there is reasonable cause, probable cause that they have been involved in a crime. the grand jury decides. the grand jury decides whether or not a crime has been committed and the grand jury decides whether there is reasonable cause or probable cause to believe that that person committed that crime. and that it's an accusation. >> we've covered these for 30 some odd years, they've become politicized so often. what happens, can a grand jury close the door and as they are instructed to, do you think they can leave the emotions aside? it seems to be so hard when dealing with the tragedy? >> can a grand jury, can a pettitte jury, can a judge do that? the rule of law says you must be impartial arbiter of the facts. that's why i say it's the prosecutor to decide to put it to the grand jury and to have a group of citizens, a citizens panel to decide the facts, the evidence, and what to do about it. >> one of the voices calling for calm is michael's father, michael brown, senior. he and his wife, michael's mother, spent the day giving out free turkeys at the housing complex where their son was shot. let's hear his plea to the people on the streets. >> no matter what the grand jury decides, i do not want my son's death to be in vain. i want it to lead to incredible change, positive change, change that makes the st. louis region better for everyone. >> that obviously is from the heart and your heart must go out to him. do you think this positive change can come, can be the change that he is calling for? >> i don't want to presume the facts. i don't want to anticipate what the jury may render or may or may not do. what i will say is two months rhetoric on a lot of people's part and the point of preemptive emergency, by the governor, what the heck is that about? they're anticipating violence. the civic leaders and the rest should be saying let the grand jury do its work. and the protesters and mobs and things like that, this is not a society that was built on a law of justice. so i would say this preemptive state of emergency is an escalation of the rhetoric and it's unfortunate. >> they would say maybe they're trying to protect public property. >> they can do all of that, all of that without anticipating blacks rioting. that's what it is. deep fears, anxiety about blacks being violent. and i think law and order is an order, but you have to say this, that people who may riot will not represent black people. they do not -- hot heads don't represent people who believe in claw order and hot heads do not represent the people who believe in a system of justice and due process of law. >> finally, what do you hope comes out of this? what do you think the legacy eventually of this will be or if it's too early to tell? >> i hope that the civil rights community, that includes congressman john lewis who i wrote a letter to, who anticipated mass protests if the grand jury doesn't do, in his judgment, the right thing, i think we have to reinform people, reinform them of basic civics, basic rights of due process and that means the rule of law. if the cop is indicted, the state must prove beyond a reasonable doubt that he committed that crime, or crimes. and we have to accept that and watch that trial. the trial will be public. the grand jury is a secret process. >> and if there is no indict, we're told they will release everything. so it will be -- >> which is good, because grand juries are not required to release. but what the prosecutor did is he's making a record of all the transcripts and stuff like that. and he will petition the judge to release the information. >> somehow eventually, hopefully it will all be made public in some manner. michael, thank you so much for your insight. good to see you. >> yes, sir. good seeing you. president obama defending his use of executive action in the face of congressional inaction on immigration reform. the president's order affects nearly 5 million immigrants. but republicans say it goes against the will of the majority. leeland vittert reports from our washington news room. >> reporter: while the president spent his saturday golfing in las vegas, the white house released his weekly address. not surprising, it doubled down on the hard sale of immigration reform by executive action. it offers what many call amnesty to roughly 5 million illegal immigrants. the talking points remain mostly the same. and he dares an angry republican congress to do something. >> as you might have heard, there are members of congress who question my that is right to make our immigration system better. well, i have one answer for them. pass a bill. the day i sign it into law, the actions i'm taken to help solve this problem will no longer be necessary. >> reporter: the executive action includes enhanced border security, long held as republican in a opinion when it comes to immigration reform. comes nowhere close enough to offset the anger over rest of his moves. >> we're going to try to do everything, whether it be legal approaches, whether states and those of us as members of congress and hopefully we will have standing, everything down to policy bills and spending bills, we need to actually rein in this type of unilateral executive action. >> reporter: on friday, house republicans filed a lawsuit against administration officials over parts of obamacare. while it hasn't happened yet over immigration, republicans have made it clear all along they're keeping every option on the table. arthel? >> leeland, thanks so much. more now on the immigration debate and those executive orders every president since washington has issued them. but are some legal while others are not? what makes the difference? >> a lot of people enjoy come tails. holidays are coming up. but those one or with or three, does that equal addiction? a new study examines that. ♪ ♪ mhere's our new trainer! ensure active heart health. heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol. major: i'm feeling energized already. avo: new delicious ensure active heart health supports your heart and body, so you stay active and strong. ensure. take life in. -seltzer plus presents the cold truth. i have a cold, with terrible chest congestion. better take something. i'll catch up later. awww... truth is, theraflu severe cold doesn't treat chest congestion. really? 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>> well, i think there probably were and i come to this conclusion based on the fact that president obama 25 times said doing this sort of action would be unconstitutional, would not be legal and that's why he hadn't done it up until this point. what has changed, we don't know. the president hasn't made that argument, even his former spokesman, jay carney, said on another network that, in fact, president obama is doing, quote, literally what he said was previously unconstitutional. so we know the constitution hasn't changed. what has changed in president obama? >> should the president have waited a few more months until the new congress is seated? >> i think president obama foremost argument is that he's acting because congress isn't acting. therefore, when he puts it that way, it means he's filling the void of congress and he's acting legislatively because congress isn't acting legislatively. that isn't his duty. that isn't his role. look, he shouldn't have done this because it's not the right thing to do, because toes not his role in government. he could have hoped to have encouraged the congressional members to do this because he thinks it's right, because he thinks it's good for the country and good for immigrants all around america. but that's not the argument. it doesn't mean he should do this action and i think that's a massive legal problem. >> once the news congress is in session, do you think that they will write a law that would propel the president to reverse his executive action or is that even possible? >> no, i don't think it's possible. i don't think it's likely. i think it's possible they can write a law, but i think it's very confusing. how are they going to do it? attach it to spending measures? the law that president obama wants them to do is immigration reform, the way he wants to do it, for what he believes in. he can't pass that bill cannot pass the new congress that just got elected by american voters. house and in the senate. so that's why he's doing it now, to say that well, the senate -- they supported this bill overwhelmingly, but the senate that supported this bill overwhelmingly isn't the same senate as is coming back in january. >> before i go, if you would, i'd like to you highlight the persuasive arguments in favor of the president's actions and the biggest challenges of the president's actions. >> i think the most persuasive argument for president obama's actions is that law enforcement has limited resources. they can't enforce the law, you know, in various neighborhoods, local neighborhoods. police make deals with -- plea deals and whatnot and can't enforce the laws as they're written, so there are prosecutorial discretion that local government and federal government makes because of limited resources. but that's not the argument that president obama is making to the american people. he's making the argument that he's filling the void of congress, not that we're only doing this because we don't have the resources to do it. >> daniel, i have to leave it there. thanks. >> thank you. the world once faced the nazis and the result is the holocaust. putin's invasion of ukraine, terrorism of isis. the senator issued the spirited young award, special recognition named for carski, diplomat and member of the polish underground, who was the first official to warn the world about the holocaust during world war ii. he went undercover and infiltrated the nazi war machine himself. in 1943, met with president franklin roosevelt in the oval office and detailed his firsthand accounts of the concentration camps and mass extermination of jews. senator mccain says the lessons of carski are still with us. >> horrors of the last century unfolded because good people too often fail to stand by their values and recognize what was at stake for them in the suffering of others. shame on awful us if we let history repeat itself and we neglect our duty to support the courageous people around the world who are struggling and dying for the values of rule of law and human rights. >> his awards with given by the educational foundation. karski became a professor at georgetown university. he died in 2000 and he was 86. most heavy drinkers are not alcoholics. that is according to an enormous new study from the centers for disease control and presentation that tracked more than 130,000 people. researchers found that one out of every three u.s. adults is a heavy drinker. but only one in ten is actually dependent on alcohol. the agency's definition of heavy drinking, at least four drinks in one sitting for women. and five or more for men. cdc also warns excessive drinking kills 88,000 people every year. we are less than a week away from black friday. many retailers announcing some serious discounts. 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