unbeatable nationwide coverage. no contract. the samsung galaxy centura android smartphone. tracfone. do everything for less. i am julie bandaras. this is the fox report. marine sergeant back on u.s. soil and the judge ordered his absolute release. after months in a mexican jail they argued for his release. he was not getting adequate care behind bars. the family is thankful for mexico doing the right thing. >> certainly they are glad to have been reconnected and grateful for the judge, certainly a just conclusion to this end. it is worth emphasizing that their system focuses on rehabilitation and in the order it mentions the need for treatment. >> mexican inspectors arrested the sergeant after seizing weapons. he got lost and crossed in mexico with three registered guns. he tried to escape. the obama administration spoke about it. and ta hmooressi made a formal statement. they were pushing mexico for a swift and just resolution. the prosecution acknowledged he suffered from pspd. and now he is home with his family. william is covering the story in the u.s. and mexico. william, how big of a role did the diplomat pay. >> u.s. pressure at least sped things up. we were told that the legal process had to play out in a a sovereignty country. >> but they spoke with mexican officials including the attorney general and after days of pressure the attorney general withdrew the charges and the trial judge a quited andrew and ordered his release around 3 o'clock p.m. yesterday. >> i have been on line with the attorney general from mexico and he was lecturing about the rule of law and i shared how it goes one sided between the two countries. tahmooreessi spent days in prison. he cleared the customs at the border and after seven months he is in florida with his family with what we are told he wants a steak dinner. >> what else do we know? >> very little. tahmooreessi's family said he needs privacy and needs treatment. it was that argument that convinced the judge to release him because he couldn't get care in mexico. the family spokesperson said the priority is now rest and reunion with his family. >> they are back together. you know, it was a very nice reunion this morning and i think they will spend time as a family. i think, he's been in custody for seven months now. and i think he needs time and space. did the lobbying help? >> it is unclear how much. it is more coincidental that the judge made the ruling following all of the pressure from certain u.s. officials. it came sooner than we thought, julie. >> william, thank you so much from los angeles tonight. >> later in the show, you will hear the coverage from gretta. she will do the first interview right here on fox. we'll stay tuned for that. after months of seemingly endless tv ads and campaigning. it is now this. three days away from the critical midterm election and they are reaching the few undecided voters and senate races are going down to the wire. kansas, there is a state that is strongly republican for decades. and incumbent senator pat roberts trading by a point. a race crucial to republicans if they hope to bring up the seat in january. carl is in cameron. you got ahold of greg orman. how is the race going? >> reporter: we got ahold of him and it took a while to get him. it orman is hard to nail down and arguing that all he wants to do is break down the two party system and change washington with all of the grid lock. he had a misstep that could give an opening.g. the bus full of republicans including bob deal and an icon here was part of a clown car. and that prompted robertson for not recognizing one of the republican icons of the state. >> that was a cheap shot. i don't know i am not sure that greg orman that said that. it might be a campaign person. he owes bob a policy. it shoes how out of touch his campaign is with kansas. no one in kansas is going to say anything bad about bob deal. >> reporter: of course, mr. orman said he was not trying to insult mr. doyle, but republicans in washington. >> i have nothing but the utmost respect for senator doyle. i talked at length about senator doyle as the example of the kind of senator and representative that we need in washington and someone to roach across the aisle and forge a consensous among people with different ideas and get things done for the american people. >> reporter: asked if he would sit on the republican and democratic. he said he would go with the the majority and raising questions on who mr. orman can be trusted. >> and tomorrow, carl, you will head to kentucky i understand. what do you tell us about the overall landscape there? >> reporter: it is where the senate majority is and he is in a tough case with grimes. and fox and other poles. iowa and north carolina, republican joni ernest pulled out a lead. and in north carolina it is between kay haggen. and tom tillis. >> that is part what democrats call the fire wall in order to keep the majority. in colorado, that one is very, very close and some suggest it is likely to go republican, to. >> all right. carl cameron we'll so you through wednesday morning. try to get sleep before then. >> fox news is america's head quarters and watch us for the analysis of the midterm. bret baier and megyn kelliy will lead our coverage. beginning at 7:00 p.m. eastern and eric and shaun and i will continue 1:30 and 4 o'clock eastern morning and then on fox news radio from 7- 9:00 a.m. looking forward to a lot of slopelessness. this is wayne state university in detroit. president obama campaigning for the democrat cappedidate for senate. this is the first time out stumping for any democratic senate candidate. it is for the senate race anyway. and we are monitoring his remarks and we'll bring it to you. and new developments on ebola to tell you about. a nurse who defied quarentine orders. and scoring a legal victory over the state of maine. and a doctor battling the deadly disease now getting encouraging news. brian is outside of bellview hospital where that doctor is being treated. what is the latest? >> it is good news for dr. craig spencer whose condition is stable. he remains in isolation and getting the same type of treatment and anti- viral and successfully cleared a ebola patient. and remember dr. spencer returned from volunteering in guinean and he was in new york city and later diagnosed with ebola. the ensuing controversy led governors to lead to mandatory quarentine. the judge in maine lifted an isolation order citing irerational fears. hick ox can go wherever she wants as long as she reports immediately if she becomes symptomatic. >> the three points are three points that i believe is part of the good compromise this we can make. >> governor paul page said as governor i have done everything i can to protect mainers. and the judge had these restrictions and i believe it is important but the state will abide by the law. >> and canada, that country decided to stop exit visas from nationals and resident from west africa. and that is in the west coast. >> and that is a 21-year-old woman now in isolation in the providence hospital in portland, oregon. and she came down with a 102 fever and considered low risk. and she has been actively self monitoring and taking hers. and now we are expecting blood tests and results to come in on monday. and she was staying in a liberrian pastors home. julie. thank you very much. >> and what do you think. should main governor appeal the ruling to treat them out of quarentine to self monitor? >> we'll read your tweets later in the show. and things getting back to normal for a dallas health care worker who survived ebola. nina pham reunited with her dog. they had been apart. but the king charles spaniel emerging from the 21 day quarentine with a clean bill of health. >> it is a reminder of hope and encouragement for me moving forward and fulfilling my life with my best friend at my side again. snshs bentley was inoisealation in a military base with veternarians checking on every day to make sure he was okay. >> and a manhunt under way for a suspect who ambushed a police officer with an ax. this comes after another man attacked a new york city police officer with a hatchet. and authorities identifying the pilot who was at the controls in the virgin aircraft broke apart. we learned new details about the co-pilot that survived. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. no question about that. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medicines, and 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improve safety and performance. >> andom nick is live in the newsroom. what is the latest? >> reporter: the local sheriff told me that the lone survivors is going into surgery in the hospital after being rescued with the crash site with major injuries. and the procedure would be on his shoulder. we know he is 43 years old and the navy engineer that is part of the designer for the past 18 years. and the ntsb was there. and they flew in and should be able to piece together what happened. >> this is a test flight and they are typically very well documented in terms of data and we may have a video feed and a lot of evident that will help us with the investigative process. >> and also the switching of the new type of fuel this year and another area of priority, julie. >> tell us, is this the end of the space towerism or is branson try it again. >> probably not. virgin has a second spacecraft under construction and should be completed in the end of the year. it is a setback when he knows what happen. >> it is one that can be fixed. and then i hope it will be back on track in 4- 6 months time. if it is not fixable it is serious. >> it will be how long it takes to complete the investigation. >> thank you so much. breaking news, a deadly fire raging out of control in a university. several people managing to make it out alive. plus, that sea of lava in high school creating unusual challenges for law enforcement and janice dean bringing up a frosty looking work out. and a reminder to share with you in turning back the hands of time. sked people a simple question: in retirement, will you outlive your money? uhhh. no, that can't happen. that's the thing, you don't know how long it has to last. everyone has retirement questions. so ameriprise created the exclusive.. confident retirement approach. now you and your ameripise advisor can get the real answers you need. well, knowing gives you confidence. start building your confident retirement today. alriwe need to do 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meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. >> a fast- moving fire swoeps through and killing five people and what you are looking here is cell phone video. and another victim is in critical condition and flown and we are told that they houses college students. and right now, police are not sure if any of the victims were students. and they are unsure if more victims are missing. >> police in washington are here. and officer was sitting in the squad car and he hit the driver's side window and the officer struggled with a man who got away by the way. there is no evidence linking the man who attacked the new york police officers and they are not ruling it out as a possible copycat attack. and in hawaii. thieves are slowing down and stalling 500 feet from the road. the flow is active and putting out. and police arrested two people who are sticking golf clubs in the lava and accusing them of trespassing on private property. >> and meanwhile, back on the mainland. chilly overnight lows and meteorologist janice dean. hey. >> extra blanket and the heat is on in the deep south. and overnight lows and 33 in atlanta and 39 in new york city and the big race and marathon is tomorrow. and north wind and that is tough for the folks running that race. and freeze advisory for at least a dozen states. and we have had record- breaking now in the mountains of carolina and tennessee. and this is going to wind up and bring more snow to new england. and several inches for you. and the bull's eye of the snowfall will be in northern maine. new york. this will clear out. and we'll deal with blustering conditions. and then we'll have to watch another one moving in from the west and that will perhaps give us a damp day for elections. on tuesdays, showers and thunderstorms from texas all the way up to the great lakes. this is a look for the election day forecast. and northwest, unsettled weather for you and certainly watching the central u.s. and julie, i am so excited about this. and day light savings time and we fall back and an extra hour of sleep for us moms. >> we don't get an extra hour of sleep. i am not kidding. >> i wish they would watch the news. >> how about an extra glass of wine tonight. >> and in the morning, too. i have no problem drinking. >> mimosa. >> a grueling ordeal for a marine is over. the sergeant tahmooreissa suffers from ph sd. >> and if you live in a race state you are bombarded with political ads. they join us live, next. and sometimes i struggle to sleep at night,nd. and stay awake during the day. this is called non-24, a circadian rhythm disorder that affects up to 70 percent of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-824-2424. or visit your24info.com. don't let non-24 get in the way of your pursuit of happiness. >> this is it the fox report and to the top of the news. a u.s. marine jailed in mexico is now a free man. the judge ordering his release after seven months behind bars citing the need for treatment. >> he was delivered and released to the mexican immigration authorities in the border, and was transferred to our custom's and border patrol and was taken pretty quickly to an airport san diego. >> sergeant tahmooressi is with his family in florida. he accidentally crossed the border with weapons in his car in march. >> here is the reaction to the release today. >> how dow make a wrong turn. but we went out to san diego, and retraced and oh, this is exactly the turn i would have taken and the roads are mismarked and california has since then this fall because of this incident changed their signs as a result. >> and it was so bizarre to me. and what was most significant to me, mexico never charged with trying to sale guns. it was simple possession and if you made a mistake to enter mexico and didn't intend to be there. you couldn't violate the law. you intend to be in mexico and violate the law. he was accidentally in mexico with possession and that meant they thought it was merely an accident. >> the marine sergeant goes on the record with gretta in the coming days. stay tuned for fox with the coming details. >> only three days until the midterm. campaigns and outside groups on both sides are flooding the air waves. howard is here in our studio and the fox news media analyst. and always great to have you. and election time is interesting. mudslinging occurs and happens on television and ads and they spend a lot of money to expose the darkness. >> and the air waves are bomb boarded. and abortion is a hot, much gene sha heen making claims. >> and they show us the focus and what they were twisting. and you can see republicans and democrats. abortion is a hot issue in new hampshire with charges against the republican senators from massachusetts scott brown. they showed this ad. and the republicans in red and democrats in green. scott brown said. i am pro-choice and that is not how he goes. scott brown sponsored a bill so employers could deny women for birth control. and force them to look at color photographs of developing fetuses. democrats gave them a top score of 80 out of 100 and republicans 64. >> senator sheehan uses the attack by republicans. and it does well. >> brown responded on camera. >> they are calling it in question the support for women's health care and i want you to know the facts. i am pro-choice and i support continued funding of planned parent hood. senator sheheen said it was not a smear and brown's response sidestepped the allegation. employers can't be forced to cover services if they have a religious or moral objection. and co-sponsored a massachusetts bill that would have required a 24 hour waiting. they are unable to get an abortion without acknowledging in writing they didn't receive descriptions including covered photos. and democrats like brown's more than republicans. >> and when you saw him doing that response, you want to get off of the defensive on abortion. and instead, president obama and was standard. >> and there is more ads in the country? >> absolutely. a lot of democrats are trying to get the female vote. and talking about birth control and in colorado, mark udal, the democratic senator. and his opponent corey gardener saying i am pro-choice and over the counter birth control. they see that sort of viciousness and they think they are a mean person. everyone hates negative ads. both sides are doing it. and voters concern over the parts of the law. and that is what the cost would be. what they report back to me was not necessarily positive news. >> it is like 8000 deductible. and going down 5000 co-pay was over 400. >> and fox news goes indepth with bret baier. and obama care in new hampshire. it is tomorrow. he will be talking nothing but midterms. there is so much to come here. new reports of the pure brulitality of isis. they shot dead 50 men and women in the an bar province. what is a mass executions in that region. 1200 iraqis died and they don't include the mass killings by isis. air strikes continue in syria and iraq. five air strikes around the tea of kobani on the border of turkey and syria. kurdish fighters are in a street by street war with isis. and a terror warning for british citizens. officials in uk taking unusual steps and issuing a global terrorist warning because of fears of british terrorist warnings. >> this is not based on specific intelligence. but officials want their citizens to be vigilant. >> and 12 are confirmed in the top story around the world in 80 seconds. colombia, officials say a pipe feeding water to equipment inside of the coal mine exploded and sending water surging inside. 28 miners managed to escape. the mine accident in colombia have risen because of the illegal moins and lax safety standards. honduras. a bus carrying a group of religious missionaries plunges over the cliff side. it was taken them to an area of popular to tourist. authorities are investigating what caused the accident. >> china. the country's first unmanned experimental lunar orbiter returning to earth. and the national space aemgs said it was designed to test the heat shield. china's goal is to one day put a man on the moon. >> australia, meet the biggest sensation in the zoo. a baby gorilla making a appearance. both mom and baby are doing well. that is a wrap on the fox trip around the world. >> throw days until americans cast their vote. vote fraud allegations remain unresolved. and who was accused of cheating voters and making sure it never happens again. 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"how can my car depreciate before it's first oil change?" you ask. maybe the better question is, why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance. >> alaska may be 4000 miles from capitol hill but it could determine which party controls the u.s. senate. and senator mark beg itch and sullivan are locked in a tight race. alaska is much more quiet than earlier today. >> reporter: yeah, you got that right. the calm before the storm or after the storm. jowly, this is a seat that the republicans have been eyeing for a long time and the polls looked good. but it shoes it is very, very close. democrat mark begich is an upon astute politician and we caught up with him as he looked for more volunteers to get-out-the-vote. and he is telling alaska they will lose clout in washington d.c. if he is defeated. that is ironic, the state lost clout when he was elected after stephenson was convicted for a felony. this is a reality. >> reporter: republican challenger dan sullivan is lot less visible. but getting big name help. texas senator ted cruz, a tea party favorite is with him in fair banks and mitt romney in the state. romney beat obama by 14 points in alaska. >> he's running a disciplined campaign. they have been successful at managing his time in front of the cameras, because with a novice candidate you want to be careful to avoid overexposure. >> more votes have been cast. and republicans outpaced democrats. but that is not a big surprise considering that the gop has a 2- 1 registration over the democrats. the largest group of them are nonpartisan. those folks will be deciding who goes to the senate in alaska. julie. >> dan springer, thank you very much. growing concerns of voter fraud. they are accused of breaking the law to make sure they come out on top. eric shaun has the story. and voter cases are popping up and in tennessee, charged with finding votes. and state representative indicted on 19 voter fraud charges. >> and in long iowa land they investigated several voter fraud allegations. >> i think it is often exaggerated and i don't condone it and it is important to be vigilant against it. >> reporter: in maryland it happen on 20 machines and could not replacate it in the testing. they raised eyebrows a list where people can vote without a voter id. north carolina, they taped campaign workers that a illegal immigrant can vote. georgia mason estimates in 20086.4 noncitizens voted and gave obama his win in north carolina. fewer citizens voted in 2010. and the nevada secretary of state russ miller who created a task force say they are on guard. >> they are making sure the people have confidence. and you have to have a diligent set up and go after those individuals. >> there is double voting in nevada and candidates who are not eligible to run. >> be sure to watch fox nows for the results and analysis. bret baier and megyn kelliy will lead our coverage and we'll be here 1 to 4:30. >> and you probably never seen a boat like this. she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right 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and keeping the boat from rocking to heavily. and in the wheelchair. one of the designers on the advisory level, it was a wounded warrior himself. in 2011. he stepped on an ia d and woke up in walter reed without his legs. it he said it will help our veterans mentally. >> and a the lot of guys will sometimes sink in to depression. and they will just kind of want to stay in their open little world. and this boat will allow them to get out of the house and meet people with interest like fishing and boating. >> and a electronic that goes up and down and our warriors can get the job done more easily. it is a great thing and one of 1500 men and women come home with one or more legs amputated. and this helps them to get on the water. >> that is awesome. >> you tried a diet that didn't work out. the excuse the suspect gave police after he robbed a popular fast-food joint. >> authorities a arrested a man accused of holding up subway. he said the jar ed doit didn't work. he complained he spent money on them and wore the bright arm shoes in the robbery. the fashion choice led to his down fall. >> we asked if the maine governor should appeal the judge's ruling. simon said absolutely he should appeal. this woman is putting other ares at potential risk of what she is doing. >> no quarentine unless symptomatic and no spread. cudios volunteers. >> happy belated halloween. i wanted you to so me as a big