Transcripts For FOXNEWSW Shepard Smith Reporting 20141202 :

Transcripts For FOXNEWSW Shepard Smith Reporting 20141202



how he got all kinds of defiant in court. let's get to it. good tuesday afternoon from the deck. word of an enormous bargaining chip for one of the world's most wanted terrorists. the lebanese military now reports to the united states that it has arrested the wife of the islamic state leader. abu bakr al baghdadi. according to local officials, the military stopped the pair more than a week ago in the northern part of the country. they were carrying fake i.d.s. it's not clear how many wives or children baghdadi has. we know of three wives but officials are doing a dna test on the child to confirm whether it is baghdadi's. the woman is a syrian citizen and reportedly worked as a hairdresser and seam stress in baghdad. her ties to terrorism go far beyond her murderous husband. sources also say her father was an islamic state leader who died in battle last year. her sister reportedly blew herself up in a bomb attack. now intelligence analysts say they might be able to use al baghdadi's family to make some sort of trade. think of that. katherine is live in washington. what have we learned about this capture? >> reporter: a short time ago the pentagon seemed to offer a classic washington nondenial confirmation on the capture of one of the terror leader's wives and a child. >> he's the recognized leader of isil and command and control of the organization which stems from leadership. i'm not going to talk about a lebanese military operation. >> reporter: in addition, u.s. officials have previously told fox news that al baghdadi's immediate circle, his family, was considered fair game and a high priority because they have intelligence about where the isis leader lives, how he often moves, the extent of his security. the pattern of life used for targeting purposes and a blood relative like a child can provide dna or confirmatory dna that's very important because it can be used after a strike to get confirmation that the isis leader had been hit. >> on a similar subject, so many concerns that westerners and even americans may go over there and fight and then come back and do something bad over here. do we know yet how many americans are in iraq and syria? >> reporter: well, you know as well as i do that the widely quoted number is 100 americans in syria, but counterterrorism circles really see this as extremely conservative. witnesses today testified that isis is clearly capitalizing on the education and skills americans bring to the table. >> although some argue that suicide bombers are more valuable, they may have more skills whether it's social media, repair and maintenance of equipment, medical or other skills. >> reporter: and while the intelligence community is zeroing in on an isis executioner who speaks with a north american accent, that recent propaganda video you see here, fox news has independently confirmed the identities of two other americans who recently traveled to syria. one is a california woman. based on her recent social media postings has married an isis fighter. the second is a former paratrooper who served in iraq, shep. >> thanks very much. let's turn to retired army lieutenant general daniel bulger. sir, i'm halfway through your book and finding it absolutely fascinating. thanks for writing it. i'd recommend it to anybody who's curious about those two things. al baghdadi's wife and maybe son, how big a deal that they're in custody? >> a big deal. this is what intel organizations always hope to get, somebody close to the guy they're looking for. >> i guess the most value would be things she knows about the way he rolls? >> yeah. who he hangs out with, where he hangs out, how he carries out his daily activity. as catherine said, that type of a pattern tells us something about where he is and then it gives us and our allies the capability to go after him. >> and what about this matter of americans, two examples catherine gave, going over and marrying these folks. to what degree should we have real concern about that? >> i think we should have a lot of concern. these are terrorist organizations. individuals marrying them by itself is not an issue, but if they -- if they take action against our country or carry out terrorist attacks against our troops overseas, i mean they're prosecutable under u.s. law and they should be prosecuted. >> people talk about a lot of different options about what we should do regarding isis, troops on the ground and all the rest. what about the option that's not often discussed and that is leaving it all alone and staying out of it. what's your thought on that as an option, viable or no? >> well, it's always got to be put on the table. i think we're americans who are action oriented and the military, one of our great strengths is we're people of action. we also have to have somebody sitting around the table when the president and others make these decisions and say what with doing nothing, what results then? and i do think it has to be looked at, at least as an option. i would say, however, in this one we appear to be taking action but mostly working through the iraqis. >> mostly what i've learned from your back about the last two years and i'm only halfway through it, we didn't really know what we were doing and weren't all on the same page. where are we with this conflict? >> well, shep, i think we actually learned something from the fights in iraq and afghanistan in the past, and that is we're trying to let the iraqis lead. it's their country. they're not going anywhere. they live there. and we're giving them the key support in terms of intel, air support, some supplies, that they need to carry out the war against isis. that's really the better solution. it doesn't involve 100,000 americans. and they know that area much better than we do. >> again, the title of your book is "why we lost" regarding the wars in iraq and afghanistan. i wonder how important you believe it is practically speaking that americans understand that we lost those wars so that we can learn about those losses? >> shep, you've always got to start with the truth. i know you try every day to uncover it. you've got to look square in the eye what happened and then you can figure out why and most important figure out how to fix it. >> is there a conclusion sentence on that from you? >> there is. that is our conventional military is designed to fight short, decisive wars like desert storm. we want to fight something long and indecisive like vietnam, you've got to use the local folks with us as support. >> and in this case, the local folks and support on the ground, that's not worked out well. these iraqi military and the moderate syrian rebels. i don't know about these people. >> well, i sure don't know about any moderate syrian rebels. i never remembered running into any. but the iraqis, it's going to take them a long time to get their stuff together. that's to be expected. they were not a good military under saddam hussein. even with years of training, it's going to take a long time to raise the sergeants and officers you need to have a good military. >> general bolger, i wish we had more time. i hope you'll come back. >> sure will. >> thank you, sir. islamic extremists have carried out another deadly attack, this one in kenya. they killed more than 35 workers at a quarry. 35 of them. one witness says the gunmen were ordering people to recite a muslim prayer. it happened right along the border with somalia. the terror group al shabab has claimed responsibility. that's the same group behind last year's deadly mall attack in kenya. think of what they did. they went to christians there and told these christians recite this islamic prayer and most of them couldn't. some were originally given an opportunity if you convert right now, but the rest, no, they just shot them right in the face. workers there. an attack on christians. meantime health workers say at least 77 people died after suspected islamic extremists set off bombs in two cities in nigeria. no word on who's responsible for that but boko haram has carried out similar attacks. it also kidnapped nearly 300 school girls. activists say most of those girls are still out there somewhere, still missing. the white house in a showdown with republicans over the president's executive action on immigration. coming up, the face-off on capitol hill. plus stand-off at a store. a man accused of crashing his car into a building to try to rip off the place and the cops called in the s.w.a.t. team, at least in part because of what that store sells. that's ahead from the fox news deck. 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[ yelling ] >> capitol hill police removed the protesters but did not arrest anybody. what's the white house response to the republican threat to undo the president's executive action on immigration? >> reporter: shep, josh earnest makes clear that if it gets through the senate, which republicans will control next year, mr. obama would veto it and it's unlikely republicans could override the veto. earnest defended the executive actions in his briefing earlier this afternoon. >> the actions the president is taking are well within the confines of the law and the authority that he's been given by the united states constitution. they also are clearly in the best interests of the american people. we need to restore some accountability to our immigration system and that's exactly what the president's executive proposals would do. >> earnest also rejected the idea that taking the parents of children in the country legally off the list for deportation amounts to amnesty and it is within the president's authority to grant them temporary work permits. >> republicans have been rejecting that argument, right? >> reporter: very harshly. one lawmaker said shielding an entire class of people in the country illegally from deportation goes well beyond the administration's authority to prioritize deportation. congressman jeff duncan of south carolina angrily said he can't trust mr. obama to enforce whatever legislation congress might pass. >> i think congress can pass a bill when the american people start regaining trust in the administration to actually do their job and enforce the laws that are already on the books and i yield back. >> reporter: republicans still don't agree on what they can do to pressure mr. obama with, as you say, most ruling out a government shutdown. >> it is fascinating to see how we have devolved. wendell, thank you. russian officials now admitting that the country is headed for recession next year. the russian country, they certainly are. so what does that mean for president vladimir putin and his sky-high approval ratings over there? we'll get into that. plus a major power has left detroit completely in the dark. not the homes, it's all the businesses, the big businesses. details on what the mayor says caused this enormous mess and how long before the lights might come back on. detroit, man. man, detroit just can't catch a break. massive power outages across that great city and poor infrastructure is to blame. that from the detroit mayor, mike dugg acan. almost 100 billings lost power. many builds are in the dark even now. the mayor blamed a cable failure for the outages and says he hopes power will come back sometime tonight. hopes. some pictures in our slide show for you this afternoon. here you can see some people standing around out in front of the courthouse there in detroit. they lost power during a murder trial. the suspect, thankfully, did not escape. the detroit institute of arts took this picture. it forced the museum to close its doors. and this is wayne state university. somebody snapped this photo after electricity went out during class. this from the detroit news. here you can see fire crews at city hall, one of the many buildings that lost power. they were just going in to make sure everything was cool. we're hovering around freezing today in detroit. rescue teams evacuated people all over the city. thankfully their homes are warm tonight but the buildings, maybe not. then there's the russian economy which is ice cold and could mean big problems for president vladimir putin. today russian officials predict the country will fall into a recession next year. sanctions have caused the russian economy $40 billion this year. russia's currency has dropped more than 40% and that's mostly because of falling oil prices. still falling oil prices. but president putin said last month other countries could suffer right along with russia and he said, i quote, it's far from certain that sanctions, sharp falls in oil price and the depreciation of the national currency will cause negative effects or catastrophic consequences only for us. no such thing will happen. he stressed only, as you might imagine, independent polls, whether you believe them or not is another matter, show slat vlr putin has an 85% approval rating but that is down three points from last month. why would he be popular? maria bartiromo is here from the opening bell at 9:00 eastern time on fox business network and the sunday morning futures. you're hurting. you said they would be. >> they are all hurting in russia. this story is getting worse and worse, shep. bottom line, we know that the economy is plummeting, that they have predicted that we were going to see economic growth of 1.25% to a contraction of 0.8 of a percent in 2015. we know the sanctions are hurting business and we know that the price of oil falling is killing them. now the ruble story. the currency keeps dropping in value. that keeps making goods and services that much more expensive so the people are about to feel it because of inflation. as the currency value goes down 40%, everything the people are buying is becoming more expensive. that's going to really hurt. that's probably going to impact those approval ratings. more than that, it's also impacting investment into the country. the last time we spoke about this together, i said that the country is looking at $150 billion out of russia in 2014 alone. they're actually thinking about how are we going to punish people from taking their money out. that's called capital controls. that's going to discourage any foreign investor from putting any money in russia. things are getting worse and people are predicting oil prices to fall even burt. >> i paid $2.30 down in mississippi over the thanksgiving holiday. that felt good. that doesn't help them at all and this guy has shown what he can do when he's backed into a corner. he's closer to the corner. >> he is definitely closer to the corner. he'll never show that he's close to the corn and upset. but at some point something has to give. the opinifinance minister said country will feel recessionary times until the end of the decade. we don't even know what that feels like here in america. imagine when you're actually waiting to see if your paycheck is actually going to be able to pay for food on the table. that's what's happening with inflation and the decline in the ruble. >> and that's middle class people. people who a year ago were middle class. if it declines by 40% and prices go up, the middle class will evaporate. >> big issue for the middle class and how about the higher end who has been investing in the country. they're basically saying how am i going to protect my money. let me send it to london, let me send it to the u.s. >> putin gave most of those people their money too. >> i'm told putin is in fact the richest man in the world because he takes a stake in every company that tries to do business in russia. >> it will come back to get him. >> i'd say. >> thank you. it's a lonely world for lefties. nearly 90% of the globe of the right-handed and lefties actually earn less money in the long run. i wouldn't have guessed that. anyway ryan, my friend ryan over here is a south paw. you earn less money. >> apparently i do. i hope not. so the study was done by an economist at the harvard kennedy school who is right-handed, although his wife is a lefty so we'll give him a little bit of a break. in that study of 50,000 people found left-handed people earn on average 10% to 12% less than their right-handed counterparts. they also score lower on cognitive tests. only a fraction lower. and lefties tend to have more emotional and behavioral problems as well as learning disorders too. >> and this study is seen as reputable? >> it's harvard. >> i just don't know, it doesn't make a lot of sense. do you have more? >> well, there are some powerful lefties. president obama for one. of the last seven presidents, just george w. bush and jimmy carter were proven to be rn right-handed. paul mccarty, you see him strumming with his left hand and angelina jolie. tons of actors, actresses, queen elizabeth, prince charles, prince william, so lefties represent. >> a lot of important pictures. >> well, in baseball it's an advantage to be a lefty. >> ryan, thank you. sorry about your handicap. a big test for florida's stand your ground defense. the state's highest court in florida is hearing a case that could change that law. remember that one? we'll break it down with an attorney. plus, would you switch phone companies if you could slash your monthly phone bill in half? we'll tell you which company is offering exactly that deal. your phone bill in half. there must be a catch, right? we'll get there. i have moderate to severe crohn's disease. it's tough, but i've managed. but managing my symptoms was all i was doing. so when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira. with humira, remission is possible. cops say the man who went on a shooting rampage in west virginia yesterday died after shooting himself in the head. they say he earlier shot and killed four other people, including his ex-girlfriend and two men who had apparently slept with that ex-girlfriend. police say they found the gunman's body south of pittsburgh. they're still investigating. two automakers announced they're recalling more cars to fix potentially dangerous air bags made by that same japanese company. the air bags could explode and hit passengers with shards the metal. it affects subaru and mitsubishi malls. and one driver had her own set of problems when she reportedly lost control of her car and sent it right into a river in eastern china. witnesses say that they ran over and pulled her to safety. no word yet on how she's doing there in eastern china. we'll be right back. bottom of the hour and time for the top of the news. the fbi is warning that somebody is trying to hack into a movie studio and other big entertainment companies. the fbi sent those firms an urgent alert claiming the attack could completely wipe out data from hard drives. this comes a day after sony reported exactly such an attack and some of its movies that have not even been released made it online on file sharing websites. one source says investigators believe this is some sort of payback for the upcoming sony film "the interview." it stars seth rogen and james franco as two guys who try to kill the north korean dictator, kim jong-un. the thinking is that north korea may have hacked these sites? >> a film that they think is going to present their president in bad light, they try to get online and put it out there before sony can release it themselves, so big questions about that. we don't know if that's true yet or not but at the end of the day here's what's going on. this is called wiper malware. it's highly destructive. it eraces data permanently. typically you can recover some of this stuff. not this time. it also blocks computer programs. i think the fbi is stunned at how destructive this is. >> that's the difference between this hacking and some others? >> that's the difference between this hacking and some others. normally you would try to rebuild or get this stuff back, but it tells you that there might be a state sponsor here. what do hackers normally want? credit card numbers, money, so they're not destroying things, they're simply stealing things or copying credit card numbers. so this is a whole new different line. the fbi says they're really worried that other companies are going to get hacked and it brings to mind this question for me, what about banks. >> wipe out an entire fortune of an entire country. >> you've got to ask questions because i think the banks are the best protected in this country because they have so much at stake, but these hacking attempts get more and more sophisticated all the time. >> man, that would be a crazy day, wouldn't it? thanks. talk about leveling the playing field. >> yep, sure would. >> nobody got nothing. >> i don't want to scare people. >> no, i don't want to be scared. >> we'll see you in an hour and a half on the fox business network. >> yes, sir. thinking about changing wireless providers? this could be an incentive. sprinting has announced that it will charge new subscribers half of their current monthly bills from verizon or at&t if they make the switch. say your current bill is $150 a month for talk, text and data, the company says they'll charge you $75 and you can keep that half off rate as long as you stick with sprint but you do need to turn in your old phone and buy a new one. sprint reports it lost hundreds of thousands of monthly subscribers and this is an effort to get them ck. if there's a catch in this, i can't find it. >> we've got to get the new phone. >> well, okay, there's that. >> there's a cost. >> yeah, there's a cost. >> you know, these cell wars are really benefiting consumers. >> finally. i remember when there was only one phone company and that was not good. after years of drought people throughout catch are getting ready frorecord-breakin rain. pch got washed out a couple days ago. now if all this rain comes and they had all those fires and there's not any brush, all of this could wash away. you can see what's happening here in california. a few inches could fall both in the north and the south. a few inches in southern california, that's usually months and months and months and months of rain. but forecasters warn all of that could cause this flooding and the mudslides. it's occurred north and west of los angeles and they told them to leave. our meteorologist is over here. monster left? i thought she was in that tv. she's in this big tv over here. janice, this sounds good, but it is not. >> a lot of rain in a very short period of time. it's hard to believe that california is the rainiest part of the map. we have this very strong area of low pressure and moving in towards california, yes, drought stricken. 90% of the state is drought stricken and the bulk of the rainfall has fallen around san francisco. an inch and a half here in really just a matter of hours and that's one-tenth of the rainfall that they typically get all year so a lot of rain in a very short period of time. flood watches and warnings are posted here, especially across the burned areas where an inch or two inches of rain will cause massive problems. we're also looking at winter storm advisories where they could get 1 to 2 feet of snow in the highest of elevations. >> this is just the beginning? >> it is, shepard. we're watching this big storm move inland. around the l.a. area could get a couple of inches and then we're looking at the potential for more storms on the way. there's your forecast precipitation through thursday and friday. look at the bulk of that rain just moving in towards east north of lake tahoe. and los angeles a couple of inches here, but looking long range at our forecast modeling, several systems moving in over the next week or so and that could mean more rainfall for these areas. of course they need the rain but so much rainfall in a short period of time is ultimately going to cause some big problems for this region. >> going to be busy on the west coast. thank you, ma'am. itch you're standing your groundi ground to pro tentect yourself others, the courts in many states will support you. today florida's supreme court is hearing a case that could spell some really big changes for the highly controversial stand your ground law. a law that gained national attention in the shooting death of the unarmed teenager, trayvon martin. of course a jury last year cleared george zimmerman of all charges. zimmerman's lawyers never asked for the stand your ground defense but it came a major topic leading up and during the trial. the idea is essentially this. if you feel like your life is in danger or the lives of others around you are in danger, you have a right to use force even if it's deadly. you do not have to retreat, you can kill. if a judge agrees that you lawfully stood your ground, you get immunity and do not have to even stand trial. in this case a man from indiana claims that he was protecting his family back in the year 2011 when he pulled a gun on another driver during a road rage incident. nobody fired a single shot, but the judge denied the man's request for immunity. he's now appealing that decision. his lawyers claim it should not be on the defendant to prove they were standing their ground. instead they say the burden should be on the prosecutors. at least 33 states have stand your ground laws on the books but the requirements are not the same in every state. let's turn to a lawyer. mercedes who's a fox news legal analyst and friend of the program. stand your ground is very, very, very controversial until there's somebody in your house with to do something to your people. >> and you say i have to protect myself or my family, i'm going to shoot to kill. that's an easy one. here the law is a little different and it changes from state to state. right now florida has it if you're coming forward and saying i stood my ground because i honestly believed i was in jeopardy, myself or my jeopardy. that's fine. now they want to shift it to the prosecutor. the prosecutor already has a huge burden. he has to show beyond a reasonable doubt that you committed a crime. that your homicide or assault was not justified in any way. that's a big burden. you already have those protection. the only entity that really has immunity is the government. the government can say i have the presumption of immunity, you have to show that i was arbitrary or violated your constitution. >> when i first heard about this, think about what that means. if you stood your ground, it's the prosecutors who have to prove you didn't, right? which sounds sort of quackery until you read through the law and say, well, he might have a case and a judge seems to believe that he might and that's why they're going through the process. >> but that's because it's really a close call here. but it's all about subjective thinking. how can i decide myself what you're thinking at this moment or you're thinking, god forbid that you're in a life or death situation and you have to pull a gun and protect yourself or your family. it's so subject i'ive to shift t burden to the prosecutor but now you have to go into the mind of the individual that was holding that gun and somehow say that they weren't legitimate when they pulled the trigger? it's very difficult. it's best if you're coming forward saying, look, i did this. i had that subjective belief. i believed it was reasonable. this is why. it seems more plausible and frankly it's more safe for the public to have that type of subjective thinking rest on the individual that wants to assert that defense. >> many would say this law has no place in america because if you can retreat, you should retreat. that's the position of those against this law. if i can run out of here and save my butt, i ought to do that before i shoot and kill somebody. >> frankly -- >> that's what the detractors of this law -- that's the argument they're making. >> and how many of those detractors have had that life or death situation on their hands. >> it's not my argument but those that feel this way about that law. >> only these individuals who have -- those that have been found not guilty of it or that stood their ground and found immune tee, they truly believed that. those circumstances led those looking at it, the judge or the jury, determined they were legitimate and they had to shoot and kill or pull their gun out and threaten someone. >> but in this case the prosecutor with the burden, even though no shot was ever fired. >> i know, which is odd. it really is because the driver, the road rage, not the gun wielder but the other one, went back to his car. that's probably why the judge said if the guy that you felt was so threatening to you and your family goes back to the car, why do you feel like you have to pull your gun out anyway. there was already retreat so what are you doing. that's why it was a close call. >> it's a case out of florida and once we get a decision, we'll let you know. >> thanks, shep. the fbi teamed up with police in the search for a college student who friends say disappeared after he left a bar on thanksgiving day. why investigators are now calling his disappearance suspicious. this is that young man. and the details surrounding this case, well, we'll have them for you next. [ female announcer ] hands were made for talking. feet...tiptoeing. better things than the pain, stiffness, and joint damage of moderate to severe rheumatoid arthritis. before you and your rheumatologist decide on a biologic, ask if xeljanz is right for you. xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can relieve ra symptoms, and help stop further joint damage. xeljanz can lower your ability to fight infections, . . . . . . unless ok with your doctor. tears in the stomach or intestines, low blood cell counts and higher liver tests and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz and routinely check certain liver tests. tell your doctor if you have been to a region where fungal infections are common, and if you have had tb, hepatitis b or c, or are prone to infections. tell your doctor about all the medicines you take. one pill, twice daily, xeljanz can reduce ra pain and help stop further joint damage, even without methotrexate. ask about xeljanz. quarter till the hour now. family members have increased their reward for information about a college student who went missing five days ago now. the police say he disappeared without a trace after he left a crowded bar early on thanksgiving morning. it happened in philly's manayunk neighborhood. his name is shane montgomery. he's 21, a senior at nearby westchester university. the fbi now calling his disappearance officially suspicious. over the weekend the fbi officials joined philly police in the search and hundreds of volunteers scoured the banks of a canal for any leads. his family is now offering a $25,000 reward. there's a lot more to this. leah gabriel has the rest of it. that's a big night for going out all across america, the wednesday night before thanksgiving, and something went wrong. >> huge night. the fbi says that their investigators are trying to pull together any surveillance video that may be out there that many of the businesses were closed that were near the bar where shane montgomery was last seen for the holiday weekend. now that they're back open, investigators are trying to track down any video that they might have. now, police say that they finished searching the canal just across the street from the bar. and today the marine unit is searching the river. earlier investigators described to me why they say this disappearance is suspicious. >> there's no reason to believe that he would have just voluntarily left the area and separated himself from family and friends and school. there's no reason for us to believe that. there's no -- nothing that we're aware of that explains this, so i don't want to use the word "desperate" but yes, we are interested in any information that anybody has. >> they say neither his phone nor his atm card have been used since he disappeared. there's also a $25,000 reward for anyone with information on that. >> was he intoxicated? >> that's something that is really not out there the answer to that question. the bar said that he only had three drinks, the tab was $17. we do know he had been to other bars that night but nobody is saying that. >> you spoke to his mom, though, right? >> i did. as you can imagine she's extremely upset and very concerned. she said that her son would never disappear voluntarily without telling anyone. this is a picture that his friends and family have put out of him in his shirt he was last seen wearing. karen montgomery said her son and his friends were out celebrating their recent 21st birthdays. she hopes he's somewhere he can hear her right now. >> my message to shane is if you can hear me know that we are doing everything possible to find you. i love you with all of my heart. you are my heart and soul. and if you can find your way back to me, please do everything you can to find your way back to me. >> she also says that everything was going well in her son's life both at home and at school. shep, right now she's holding out hope that he might turn up safe. >> let's hope he does. thanks, leah. fox report now, more headlines from the fox news deck. the man who shot and killed his ex-girlfriend at a nordstrom in chicago on black friday was accused of attacking her back in april as well, cracking her ribs and putting a gun in her mouth. that's according to court documents. they show that the man and his -- and the victim's sister tried to get protective orders against each other but judges turned down both requests. police say the gunman killed himself in that store. meantime, look at this. thousands of ak-47s and other similar guns biting the dust in kosovo. police there say they're destroying weapons they recovered during investigations. they say lots of guns left over from the war back in serbia ended up in the hands of criminals. and after nine years, a dutch actress is in the home stretch of a trip from the netherlands to the south pole. that's 28,000 miles on a tractor. he says she hopes to get to the south pole next week and she's making the trip to inspire other people to follow their dreams. the south pole. that's the wrong way to go this time of year. the captain of the costa concordia cruise liner took the stand for the first time since that ship sank into the water and killed dozens of people. wait until you hear why he says he really brought that ship so close to shore. that's next. why he says why he really brought that ship so close to shore. that's next. ♪ ♪ come in and use your starbucks gift card any day through january 5th for a chance to win starbucks for life. nobody's hurt,but there will you totstill be pain.new car. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. from the bad people file now. we're hearing from the captain of the cruise ship that ran aground off the coast of italy and killed more than 30 people. he says he brought that ship close to the shore as a treat for the passengers and a favor for a crew member. he took the stand for the first time in his trial for manslaughter and other charges. the captain denies he was trying to impress a dancer whom he brought to the bridge. she has testified they were lovers. prosecutors say the captain abandoned ship back in 2012 after he smashed into some rocks near an island off italy's western coast. he claims he slipped and fell into a lifeboat. it was miraculous. investigators say by the time the captain ordered everybody to evacuate some people couldn't get out because the ship was tilted to such a steep angle. workers managed to turn that ship upright and have been miss mantling it. trace gallagher has more. what did he have to say, trace? >> reporter: what he said and did, he was 45 minutes late to court. he was waving his arms and making wild gestures and he pointed a lot of fingers saying the hemisphereman from indonesia didn't speak good enough english or italian to understand his orders although the audiotape shows the helmsman understood him fine. he said the company was responsible for the death us because the generators, elevators and water tight cabins failed. after court he was asked how he thought he did and he said he thinks he's doing just fine. >> there have been some inconsistencies in his story. that's the under statement of the day. >> reporter: his testimony contradicts the testimony of the first officer and other crew members that already pleaded guilty and some passengers who were on the bridge the night the accident happened. he said he didn't abandon the ship he fell into the water. he told italian television earlier he fell into a lifeboat and audiotaped in a phone conversation he got off the boat which was going down. this was actually held in an italian theater because demand for tickets was so high. the captain is back on the stand tomorrow. he could be facing up to 23 years if convicted. >> trace gallagher, thank you, sir. breaking news coming out of michigan and news out of mississippi for football fans on both fronts. that's coming right up. you drop 40 grand on a new set of wheels, then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. "depreciation" they claim. "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. >> breaking news football fans. brady hooks out of michigan. a shocker. when wolverines don't win coaches go away. and he stays at ole miss. 16 million should do the trick for brady hoke. on this detain 1982 barney clark became the first person to get a permanent artificial heart. doctors performed that surgery at the university of utah in salt lake city. clark's wife said he didn't expect to live very long but wanted to do his part for science. previous devices last ad few days. clark survived 112 days. but the invention helped keep dozens of other patients alive. i think we have a new record on the dow. do we? 115th record. wow. good job, dow. good job dow, not good job this because hey america before you head out to the stores, you might want to take a look at this other number. it's your visa bill. actually it's all our visa bills and hit a big old $18 trillion. that's a milestone that's now become a mill stone. that's what we owe as a country. and the interest payments on it alone are killing this country. it is our debt. we ain't paying it back. we're just piling it up pushing still more spending, more strategic initiatives, more money for things we can't afford with money we don't have. this isn't ferguson, this my

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Transcripts For FOXNEWSW Shepard Smith Reporting 20141202 : Comparemela.com

Transcripts For FOXNEWSW Shepard Smith Reporting 20141202

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how he got all kinds of defiant in court. let's get to it. good tuesday afternoon from the deck. word of an enormous bargaining chip for one of the world's most wanted terrorists. the lebanese military now reports to the united states that it has arrested the wife of the islamic state leader. abu bakr al baghdadi. according to local officials, the military stopped the pair more than a week ago in the northern part of the country. they were carrying fake i.d.s. it's not clear how many wives or children baghdadi has. we know of three wives but officials are doing a dna test on the child to confirm whether it is baghdadi's. the woman is a syrian citizen and reportedly worked as a hairdresser and seam stress in baghdad. her ties to terrorism go far beyond her murderous husband. sources also say her father was an islamic state leader who died in battle last year. her sister reportedly blew herself up in a bomb attack. now intelligence analysts say they might be able to use al baghdadi's family to make some sort of trade. think of that. katherine is live in washington. what have we learned about this capture? >> reporter: a short time ago the pentagon seemed to offer a classic washington nondenial confirmation on the capture of one of the terror leader's wives and a child. >> he's the recognized leader of isil and command and control of the organization which stems from leadership. i'm not going to talk about a lebanese military operation. >> reporter: in addition, u.s. officials have previously told fox news that al baghdadi's immediate circle, his family, was considered fair game and a high priority because they have intelligence about where the isis leader lives, how he often moves, the extent of his security. the pattern of life used for targeting purposes and a blood relative like a child can provide dna or confirmatory dna that's very important because it can be used after a strike to get confirmation that the isis leader had been hit. >> on a similar subject, so many concerns that westerners and even americans may go over there and fight and then come back and do something bad over here. do we know yet how many americans are in iraq and syria? >> reporter: well, you know as well as i do that the widely quoted number is 100 americans in syria, but counterterrorism circles really see this as extremely conservative. witnesses today testified that isis is clearly capitalizing on the education and skills americans bring to the table. >> although some argue that suicide bombers are more valuable, they may have more skills whether it's social media, repair and maintenance of equipment, medical or other skills. >> reporter: and while the intelligence community is zeroing in on an isis executioner who speaks with a north american accent, that recent propaganda video you see here, fox news has independently confirmed the identities of two other americans who recently traveled to syria. one is a california woman. based on her recent social media postings has married an isis fighter. the second is a former paratrooper who served in iraq, shep. >> thanks very much. let's turn to retired army lieutenant general daniel bulger. sir, i'm halfway through your book and finding it absolutely fascinating. thanks for writing it. i'd recommend it to anybody who's curious about those two things. al baghdadi's wife and maybe son, how big a deal that they're in custody? >> a big deal. this is what intel organizations always hope to get, somebody close to the guy they're looking for. >> i guess the most value would be things she knows about the way he rolls? >> yeah. who he hangs out with, where he hangs out, how he carries out his daily activity. as catherine said, that type of a pattern tells us something about where he is and then it gives us and our allies the capability to go after him. >> and what about this matter of americans, two examples catherine gave, going over and marrying these folks. to what degree should we have real concern about that? >> i think we should have a lot of concern. these are terrorist organizations. individuals marrying them by itself is not an issue, but if they -- if they take action against our country or carry out terrorist attacks against our troops overseas, i mean they're prosecutable under u.s. law and they should be prosecuted. >> people talk about a lot of different options about what we should do regarding isis, troops on the ground and all the rest. what about the option that's not often discussed and that is leaving it all alone and staying out of it. what's your thought on that as an option, viable or no? >> well, it's always got to be put on the table. i think we're americans who are action oriented and the military, one of our great strengths is we're people of action. we also have to have somebody sitting around the table when the president and others make these decisions and say what with doing nothing, what results then? and i do think it has to be looked at, at least as an option. i would say, however, in this one we appear to be taking action but mostly working through the iraqis. >> mostly what i've learned from your back about the last two years and i'm only halfway through it, we didn't really know what we were doing and weren't all on the same page. where are we with this conflict? >> well, shep, i think we actually learned something from the fights in iraq and afghanistan in the past, and that is we're trying to let the iraqis lead. it's their country. they're not going anywhere. they live there. and we're giving them the key support in terms of intel, air support, some supplies, that they need to carry out the war against isis. that's really the better solution. it doesn't involve 100,000 americans. and they know that area much better than we do. >> again, the title of your book is "why we lost" regarding the wars in iraq and afghanistan. i wonder how important you believe it is practically speaking that americans understand that we lost those wars so that we can learn about those losses? >> shep, you've always got to start with the truth. i know you try every day to uncover it. you've got to look square in the eye what happened and then you can figure out why and most important figure out how to fix it. >> is there a conclusion sentence on that from you? >> there is. that is our conventional military is designed to fight short, decisive wars like desert storm. we want to fight something long and indecisive like vietnam, you've got to use the local folks with us as support. >> and in this case, the local folks and support on the ground, that's not worked out well. these iraqi military and the moderate syrian rebels. i don't know about these people. >> well, i sure don't know about any moderate syrian rebels. i never remembered running into any. but the iraqis, it's going to take them a long time to get their stuff together. that's to be expected. they were not a good military under saddam hussein. even with years of training, it's going to take a long time to raise the sergeants and officers you need to have a good military. >> general bolger, i wish we had more time. i hope you'll come back. >> sure will. >> thank you, sir. islamic extremists have carried out another deadly attack, this one in kenya. they killed more than 35 workers at a quarry. 35 of them. one witness says the gunmen were ordering people to recite a muslim prayer. it happened right along the border with somalia. the terror group al shabab has claimed responsibility. that's the same group behind last year's deadly mall attack in kenya. think of what they did. they went to christians there and told these christians recite this islamic prayer and most of them couldn't. some were originally given an opportunity if you convert right now, but the rest, no, they just shot them right in the face. workers there. an attack on christians. meantime health workers say at least 77 people died after suspected islamic extremists set off bombs in two cities in nigeria. no word on who's responsible for that but boko haram has carried out similar attacks. it also kidnapped nearly 300 school girls. activists say most of those girls are still out there somewhere, still missing. the white house in a showdown with republicans over the president's executive action on immigration. coming up, the face-off on capitol hill. plus stand-off at a store. a man accused of crashing his car into a building to try to rip off the place and the cops called in the s.w.a.t. team, at least in part because of what that store sells. that's ahead from the fox news deck. 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(announcer) ask your doctor about linzess-- a once-daily capsule for adults with ibs with constipation or chronic idiopathic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. it helps you proactively manage your symptoms. do not give linzess to children under 6, and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain especially with bloody or black stools the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach-area pain and swelling. bottom line, ask your doctor about linzess today. transferred money from hisy bank of america savings account to his merrill edge retirement account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement. that's why when the time came he counted on merrill edge to streamline his investing and help him plan for the road ahead. that's the power of streamlined connections. that's merrill edge and bank of america. cops called in a s.w.a.t. team after somebody crashed a car into a sporting goods store where they sell all sorts of guns. happened this morning in kings county in washington. they're worried, you crash a car into a store that carries a bunch of guns, you're worried some fool will go in and do something horrible. some county in washington, it's happening in kings county, washington, about a 20 minute drive south of seattle. at first we heard a stand-off was under way with the driver barricaded inside the store, which scared everybody. you can see the cops appeared to have used a fire truck ladder to cross under the roof. komo television reports that the suspect had apparently been trying to steal weapons from that store. the station reports cops now have a suspect in custody and no word of anybody hurt thankfully. a contentious immigration debate on capitol hill today. the house speaker john boehner said the president is, quote, ignoring the will of the american people by protecting about 4 million illegal immigrants from deportation. he also announced that the house will vote this week on a measure to undo the president's executive action. >> his decision to take unilateral action on imgrarmig n immigration, action he himself said exceeds his authority, makes it hard for the american people and their elected representatives to trust his word on any issue. >> the house measure would be separate from a spending bill to keep the government running past next week. speaker boehner is trying to avoid the threat of another government shutdown. >> the analysis was very thoughtful, very time consuming and very extensive and i'm satisfied as a lawyer myself and the person who has to come here and defend these actions that what we have done is well within our existing legal authority. >> protesters interrupted that hearing a few times today. [ yelling ] >> capitol hill police removed the protesters but did not arrest anybody. what's the white house response to the republican threat to undo the president's executive action on immigration? >> reporter: shep, josh earnest makes clear that if it gets through the senate, which republicans will control next year, mr. obama would veto it and it's unlikely republicans could override the veto. earnest defended the executive actions in his briefing earlier this afternoon. >> the actions the president is taking are well within the confines of the law and the authority that he's been given by the united states constitution. they also are clearly in the best interests of the american people. we need to restore some accountability to our immigration system and that's exactly what the president's executive proposals would do. >> earnest also rejected the idea that taking the parents of children in the country legally off the list for deportation amounts to amnesty and it is within the president's authority to grant them temporary work permits. >> republicans have been rejecting that argument, right? >> reporter: very harshly. one lawmaker said shielding an entire class of people in the country illegally from deportation goes well beyond the administration's authority to prioritize deportation. congressman jeff duncan of south carolina angrily said he can't trust mr. obama to enforce whatever legislation congress might pass. >> i think congress can pass a bill when the american people start regaining trust in the administration to actually do their job and enforce the laws that are already on the books and i yield back. >> reporter: republicans still don't agree on what they can do to pressure mr. obama with, as you say, most ruling out a government shutdown. >> it is fascinating to see how we have devolved. wendell, thank you. russian officials now admitting that the country is headed for recession next year. the russian country, they certainly are. so what does that mean for president vladimir putin and his sky-high approval ratings over there? we'll get into that. plus a major power has left detroit completely in the dark. not the homes, it's all the businesses, the big businesses. details on what the mayor says caused this enormous mess and how long before the lights might come back on. detroit, man. man, detroit just can't catch a break. massive power outages across that great city and poor infrastructure is to blame. that from the detroit mayor, mike dugg acan. almost 100 billings lost power. many builds are in the dark even now. the mayor blamed a cable failure for the outages and says he hopes power will come back sometime tonight. hopes. some pictures in our slide show for you this afternoon. here you can see some people standing around out in front of the courthouse there in detroit. they lost power during a murder trial. the suspect, thankfully, did not escape. the detroit institute of arts took this picture. it forced the museum to close its doors. and this is wayne state university. somebody snapped this photo after electricity went out during class. this from the detroit news. here you can see fire crews at city hall, one of the many buildings that lost power. they were just going in to make sure everything was cool. we're hovering around freezing today in detroit. rescue teams evacuated people all over the city. thankfully their homes are warm tonight but the buildings, maybe not. then there's the russian economy which is ice cold and could mean big problems for president vladimir putin. today russian officials predict the country will fall into a recession next year. sanctions have caused the russian economy $40 billion this year. russia's currency has dropped more than 40% and that's mostly because of falling oil prices. still falling oil prices. but president putin said last month other countries could suffer right along with russia and he said, i quote, it's far from certain that sanctions, sharp falls in oil price and the depreciation of the national currency will cause negative effects or catastrophic consequences only for us. no such thing will happen. he stressed only, as you might imagine, independent polls, whether you believe them or not is another matter, show slat vlr putin has an 85% approval rating but that is down three points from last month. why would he be popular? maria bartiromo is here from the opening bell at 9:00 eastern time on fox business network and the sunday morning futures. you're hurting. you said they would be. >> they are all hurting in russia. this story is getting worse and worse, shep. bottom line, we know that the economy is plummeting, that they have predicted that we were going to see economic growth of 1.25% to a contraction of 0.8 of a percent in 2015. we know the sanctions are hurting business and we know that the price of oil falling is killing them. now the ruble story. the currency keeps dropping in value. that keeps making goods and services that much more expensive so the people are about to feel it because of inflation. as the currency value goes down 40%, everything the people are buying is becoming more expensive. that's going to really hurt. that's probably going to impact those approval ratings. more than that, it's also impacting investment into the country. the last time we spoke about this together, i said that the country is looking at $150 billion out of russia in 2014 alone. they're actually thinking about how are we going to punish people from taking their money out. that's called capital controls. that's going to discourage any foreign investor from putting any money in russia. things are getting worse and people are predicting oil prices to fall even burt. >> i paid $2.30 down in mississippi over the thanksgiving holiday. that felt good. that doesn't help them at all and this guy has shown what he can do when he's backed into a corner. he's closer to the corner. >> he is definitely closer to the corner. he'll never show that he's close to the corn and upset. but at some point something has to give. the opinifinance minister said country will feel recessionary times until the end of the decade. we don't even know what that feels like here in america. imagine when you're actually waiting to see if your paycheck is actually going to be able to pay for food on the table. that's what's happening with inflation and the decline in the ruble. >> and that's middle class people. people who a year ago were middle class. if it declines by 40% and prices go up, the middle class will evaporate. >> big issue for the middle class and how about the higher end who has been investing in the country. they're basically saying how am i going to protect my money. let me send it to london, let me send it to the u.s. >> putin gave most of those people their money too. >> i'm told putin is in fact the richest man in the world because he takes a stake in every company that tries to do business in russia. >> it will come back to get him. >> i'd say. >> thank you. it's a lonely world for lefties. nearly 90% of the globe of the right-handed and lefties actually earn less money in the long run. i wouldn't have guessed that. anyway ryan, my friend ryan over here is a south paw. you earn less money. >> apparently i do. i hope not. so the study was done by an economist at the harvard kennedy school who is right-handed, although his wife is a lefty so we'll give him a little bit of a break. in that study of 50,000 people found left-handed people earn on average 10% to 12% less than their right-handed counterparts. they also score lower on cognitive tests. only a fraction lower. and lefties tend to have more emotional and behavioral problems as well as learning disorders too. >> and this study is seen as reputable? >> it's harvard. >> i just don't know, it doesn't make a lot of sense. do you have more? >> well, there are some powerful lefties. president obama for one. of the last seven presidents, just george w. bush and jimmy carter were proven to be rn right-handed. paul mccarty, you see him strumming with his left hand and angelina jolie. tons of actors, actresses, queen elizabeth, prince charles, prince william, so lefties represent. >> a lot of important pictures. >> well, in baseball it's an advantage to be a lefty. >> ryan, thank you. sorry about your handicap. a big test for florida's stand your ground defense. the state's highest court in florida is hearing a case that could change that law. remember that one? we'll break it down with an attorney. plus, would you switch phone companies if you could slash your monthly phone bill in half? we'll tell you which company is offering exactly that deal. your phone bill in half. there must be a catch, right? we'll get there. i have moderate to severe crohn's disease. it's tough, but i've managed. but managing my symptoms was all i was doing. so when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira. with humira, remission is possible. cops say the man who went on a shooting rampage in west virginia yesterday died after shooting himself in the head. they say he earlier shot and killed four other people, including his ex-girlfriend and two men who had apparently slept with that ex-girlfriend. police say they found the gunman's body south of pittsburgh. they're still investigating. two automakers announced they're recalling more cars to fix potentially dangerous air bags made by that same japanese company. the air bags could explode and hit passengers with shards the metal. it affects subaru and mitsubishi malls. and one driver had her own set of problems when she reportedly lost control of her car and sent it right into a river in eastern china. witnesses say that they ran over and pulled her to safety. no word yet on how she's doing there in eastern china. we'll be right back. bottom of the hour and time for the top of the news. the fbi is warning that somebody is trying to hack into a movie studio and other big entertainment companies. the fbi sent those firms an urgent alert claiming the attack could completely wipe out data from hard drives. this comes a day after sony reported exactly such an attack and some of its movies that have not even been released made it online on file sharing websites. one source says investigators believe this is some sort of payback for the upcoming sony film "the interview." it stars seth rogen and james franco as two guys who try to kill the north korean dictator, kim jong-un. the thinking is that north korea may have hacked these sites? >> a film that they think is going to present their president in bad light, they try to get online and put it out there before sony can release it themselves, so big questions about that. we don't know if that's true yet or not but at the end of the day here's what's going on. this is called wiper malware. it's highly destructive. it eraces data permanently. typically you can recover some of this stuff. not this time. it also blocks computer programs. i think the fbi is stunned at how destructive this is. >> that's the difference between this hacking and some others? >> that's the difference between this hacking and some others. normally you would try to rebuild or get this stuff back, but it tells you that there might be a state sponsor here. what do hackers normally want? credit card numbers, money, so they're not destroying things, they're simply stealing things or copying credit card numbers. so this is a whole new different line. the fbi says they're really worried that other companies are going to get hacked and it brings to mind this question for me, what about banks. >> wipe out an entire fortune of an entire country. >> you've got to ask questions because i think the banks are the best protected in this country because they have so much at stake, but these hacking attempts get more and more sophisticated all the time. >> man, that would be a crazy day, wouldn't it? thanks. talk about leveling the playing field. >> yep, sure would. >> nobody got nothing. >> i don't want to scare people. >> no, i don't want to be scared. >> we'll see you in an hour and a half on the fox business network. >> yes, sir. thinking about changing wireless providers? this could be an incentive. sprinting has announced that it will charge new subscribers half of their current monthly bills from verizon or at&t if they make the switch. say your current bill is $150 a month for talk, text and data, the company says they'll charge you $75 and you can keep that half off rate as long as you stick with sprint but you do need to turn in your old phone and buy a new one. sprint reports it lost hundreds of thousands of monthly subscribers and this is an effort to get them ck. if there's a catch in this, i can't find it. >> we've got to get the new phone. >> well, okay, there's that. >> there's a cost. >> yeah, there's a cost. >> you know, these cell wars are really benefiting consumers. >> finally. i remember when there was only one phone company and that was not good. after years of drought people throughout catch are getting ready frorecord-breakin rain. pch got washed out a couple days ago. now if all this rain comes and they had all those fires and there's not any brush, all of this could wash away. you can see what's happening here in california. a few inches could fall both in the north and the south. a few inches in southern california, that's usually months and months and months and months of rain. but forecasters warn all of that could cause this flooding and the mudslides. it's occurred north and west of los angeles and they told them to leave. our meteorologist is over here. monster left? i thought she was in that tv. she's in this big tv over here. janice, this sounds good, but it is not. >> a lot of rain in a very short period of time. it's hard to believe that california is the rainiest part of the map. we have this very strong area of low pressure and moving in towards california, yes, drought stricken. 90% of the state is drought stricken and the bulk of the rainfall has fallen around san francisco. an inch and a half here in really just a matter of hours and that's one-tenth of the rainfall that they typically get all year so a lot of rain in a very short period of time. flood watches and warnings are posted here, especially across the burned areas where an inch or two inches of rain will cause massive problems. we're also looking at winter storm advisories where they could get 1 to 2 feet of snow in the highest of elevations. >> this is just the beginning? >> it is, shepard. we're watching this big storm move inland. around the l.a. area could get a couple of inches and then we're looking at the potential for more storms on the way. there's your forecast precipitation through thursday and friday. look at the bulk of that rain just moving in towards east north of lake tahoe. and los angeles a couple of inches here, but looking long range at our forecast modeling, several systems moving in over the next week or so and that could mean more rainfall for these areas. of course they need the rain but so much rainfall in a short period of time is ultimately going to cause some big problems for this region. >> going to be busy on the west coast. thank you, ma'am. itch you're standing your groundi ground to pro tentect yourself others, the courts in many states will support you. today florida's supreme court is hearing a case that could spell some really big changes for the highly controversial stand your ground law. a law that gained national attention in the shooting death of the unarmed teenager, trayvon martin. of course a jury last year cleared george zimmerman of all charges. zimmerman's lawyers never asked for the stand your ground defense but it came a major topic leading up and during the trial. the idea is essentially this. if you feel like your life is in danger or the lives of others around you are in danger, you have a right to use force even if it's deadly. you do not have to retreat, you can kill. if a judge agrees that you lawfully stood your ground, you get immunity and do not have to even stand trial. in this case a man from indiana claims that he was protecting his family back in the year 2011 when he pulled a gun on another driver during a road rage incident. nobody fired a single shot, but the judge denied the man's request for immunity. he's now appealing that decision. his lawyers claim it should not be on the defendant to prove they were standing their ground. instead they say the burden should be on the prosecutors. at least 33 states have stand your ground laws on the books but the requirements are not the same in every state. let's turn to a lawyer. mercedes who's a fox news legal analyst and friend of the program. stand your ground is very, very, very controversial until there's somebody in your house with to do something to your people. >> and you say i have to protect myself or my family, i'm going to shoot to kill. that's an easy one. here the law is a little different and it changes from state to state. right now florida has it if you're coming forward and saying i stood my ground because i honestly believed i was in jeopardy, myself or my jeopardy. that's fine. now they want to shift it to the prosecutor. the prosecutor already has a huge burden. he has to show beyond a reasonable doubt that you committed a crime. that your homicide or assault was not justified in any way. that's a big burden. you already have those protection. the only entity that really has immunity is the government. the government can say i have the presumption of immunity, you have to show that i was arbitrary or violated your constitution. >> when i first heard about this, think about what that means. if you stood your ground, it's the prosecutors who have to prove you didn't, right? which sounds sort of quackery until you read through the law and say, well, he might have a case and a judge seems to believe that he might and that's why they're going through the process. >> but that's because it's really a close call here. but it's all about subjective thinking. how can i decide myself what you're thinking at this moment or you're thinking, god forbid that you're in a life or death situation and you have to pull a gun and protect yourself or your family. it's so subject i'ive to shift t burden to the prosecutor but now you have to go into the mind of the individual that was holding that gun and somehow say that they weren't legitimate when they pulled the trigger? it's very difficult. it's best if you're coming forward saying, look, i did this. i had that subjective belief. i believed it was reasonable. this is why. it seems more plausible and frankly it's more safe for the public to have that type of subjective thinking rest on the individual that wants to assert that defense. >> many would say this law has no place in america because if you can retreat, you should retreat. that's the position of those against this law. if i can run out of here and save my butt, i ought to do that before i shoot and kill somebody. >> frankly -- >> that's what the detractors of this law -- that's the argument they're making. >> and how many of those detractors have had that life or death situation on their hands. >> it's not my argument but those that feel this way about that law. >> only these individuals who have -- those that have been found not guilty of it or that stood their ground and found immune tee, they truly believed that. those circumstances led those looking at it, the judge or the jury, determined they were legitimate and they had to shoot and kill or pull their gun out and threaten someone. >> but in this case the prosecutor with the burden, even though no shot was ever fired. >> i know, which is odd. it really is because the driver, the road rage, not the gun wielder but the other one, went back to his car. that's probably why the judge said if the guy that you felt was so threatening to you and your family goes back to the car, why do you feel like you have to pull your gun out anyway. there was already retreat so what are you doing. that's why it was a close call. >> it's a case out of florida and once we get a decision, we'll let you know. >> thanks, shep. the fbi teamed up with police in the search for a college student who friends say disappeared after he left a bar on thanksgiving day. why investigators are now calling his disappearance suspicious. this is that young man. and the details surrounding this case, well, we'll have them for you next. [ female announcer ] hands were made for talking. feet...tiptoeing. better things than the pain, stiffness, and joint damage of moderate to severe rheumatoid arthritis. before you and your rheumatologist decide on a biologic, ask if xeljanz is right for you. xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can relieve ra symptoms, and help stop further joint damage. xeljanz can lower your ability to fight infections, . . . . . . unless ok with your doctor. tears in the stomach or intestines, low blood cell counts and higher liver tests and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz and routinely check certain liver tests. tell your doctor if you have been to a region where fungal infections are common, and if you have had tb, hepatitis b or c, or are prone to infections. tell your doctor about all the medicines you take. one pill, twice daily, xeljanz can reduce ra pain and help stop further joint damage, even without methotrexate. ask about xeljanz. quarter till the hour now. family members have increased their reward for information about a college student who went missing five days ago now. the police say he disappeared without a trace after he left a crowded bar early on thanksgiving morning. it happened in philly's manayunk neighborhood. his name is shane montgomery. he's 21, a senior at nearby westchester university. the fbi now calling his disappearance officially suspicious. over the weekend the fbi officials joined philly police in the search and hundreds of volunteers scoured the banks of a canal for any leads. his family is now offering a $25,000 reward. there's a lot more to this. leah gabriel has the rest of it. that's a big night for going out all across america, the wednesday night before thanksgiving, and something went wrong. >> huge night. the fbi says that their investigators are trying to pull together any surveillance video that may be out there that many of the businesses were closed that were near the bar where shane montgomery was last seen for the holiday weekend. now that they're back open, investigators are trying to track down any video that they might have. now, police say that they finished searching the canal just across the street from the bar. and today the marine unit is searching the river. earlier investigators described to me why they say this disappearance is suspicious. >> there's no reason to believe that he would have just voluntarily left the area and separated himself from family and friends and school. there's no reason for us to believe that. there's no -- nothing that we're aware of that explains this, so i don't want to use the word "desperate" but yes, we are interested in any information that anybody has. >> they say neither his phone nor his atm card have been used since he disappeared. there's also a $25,000 reward for anyone with information on that. >> was he intoxicated? >> that's something that is really not out there the answer to that question. the bar said that he only had three drinks, the tab was $17. we do know he had been to other bars that night but nobody is saying that. >> you spoke to his mom, though, right? >> i did. as you can imagine she's extremely upset and very concerned. she said that her son would never disappear voluntarily without telling anyone. this is a picture that his friends and family have put out of him in his shirt he was last seen wearing. karen montgomery said her son and his friends were out celebrating their recent 21st birthdays. she hopes he's somewhere he can hear her right now. >> my message to shane is if you can hear me know that we are doing everything possible to find you. i love you with all of my heart. you are my heart and soul. and if you can find your way back to me, please do everything you can to find your way back to me. >> she also says that everything was going well in her son's life both at home and at school. shep, right now she's holding out hope that he might turn up safe. >> let's hope he does. thanks, leah. fox report now, more headlines from the fox news deck. the man who shot and killed his ex-girlfriend at a nordstrom in chicago on black friday was accused of attacking her back in april as well, cracking her ribs and putting a gun in her mouth. that's according to court documents. they show that the man and his -- and the victim's sister tried to get protective orders against each other but judges turned down both requests. police say the gunman killed himself in that store. meantime, look at this. thousands of ak-47s and other similar guns biting the dust in kosovo. police there say they're destroying weapons they recovered during investigations. they say lots of guns left over from the war back in serbia ended up in the hands of criminals. and after nine years, a dutch actress is in the home stretch of a trip from the netherlands to the south pole. that's 28,000 miles on a tractor. he says she hopes to get to the south pole next week and she's making the trip to inspire other people to follow their dreams. the south pole. that's the wrong way to go this time of year. the captain of the costa concordia cruise liner took the stand for the first time since that ship sank into the water and killed dozens of people. wait until you hear why he says he really brought that ship so close to shore. that's next. why he says why he really brought that ship so close to shore. that's next. ♪ ♪ come in and use your starbucks gift card any day through january 5th for a chance to win starbucks for life. nobody's hurt,but there will you totstill be pain.new car. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. from the bad people file now. we're hearing from the captain of the cruise ship that ran aground off the coast of italy and killed more than 30 people. he says he brought that ship close to the shore as a treat for the passengers and a favor for a crew member. he took the stand for the first time in his trial for manslaughter and other charges. the captain denies he was trying to impress a dancer whom he brought to the bridge. she has testified they were lovers. prosecutors say the captain abandoned ship back in 2012 after he smashed into some rocks near an island off italy's western coast. he claims he slipped and fell into a lifeboat. it was miraculous. investigators say by the time the captain ordered everybody to evacuate some people couldn't get out because the ship was tilted to such a steep angle. workers managed to turn that ship upright and have been miss mantling it. trace gallagher has more. what did he have to say, trace? >> reporter: what he said and did, he was 45 minutes late to court. he was waving his arms and making wild gestures and he pointed a lot of fingers saying the hemisphereman from indonesia didn't speak good enough english or italian to understand his orders although the audiotape shows the helmsman understood him fine. he said the company was responsible for the death us because the generators, elevators and water tight cabins failed. after court he was asked how he thought he did and he said he thinks he's doing just fine. >> there have been some inconsistencies in his story. that's the under statement of the day. >> reporter: his testimony contradicts the testimony of the first officer and other crew members that already pleaded guilty and some passengers who were on the bridge the night the accident happened. he said he didn't abandon the ship he fell into the water. he told italian television earlier he fell into a lifeboat and audiotaped in a phone conversation he got off the boat which was going down. this was actually held in an italian theater because demand for tickets was so high. the captain is back on the stand tomorrow. he could be facing up to 23 years if convicted. >> trace gallagher, thank you, sir. breaking news coming out of michigan and news out of mississippi for football fans on both fronts. that's coming right up. you drop 40 grand on a new set of wheels, then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. "depreciation" they claim. "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. >> breaking news football fans. brady hooks out of michigan. a shocker. when wolverines don't win coaches go away. and he stays at ole miss. 16 million should do the trick for brady hoke. on this detain 1982 barney clark became the first person to get a permanent artificial heart. doctors performed that surgery at the university of utah in salt lake city. clark's wife said he didn't expect to live very long but wanted to do his part for science. previous devices last ad few days. clark survived 112 days. but the invention helped keep dozens of other patients alive. i think we have a new record on the dow. do we? 115th record. wow. good job, dow. good job dow, not good job this because hey america before you head out to the stores, you might want to take a look at this other number. it's your visa bill. actually it's all our visa bills and hit a big old $18 trillion. that's a milestone that's now become a mill stone. that's what we owe as a country. and the interest payments on it alone are killing this country. it is our debt. we ain't paying it back. we're just piling it up pushing still more spending, more strategic initiatives, more money for things we can't afford with money we don't have. this isn't ferguson, this my

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