>> thank you for joining us today. >> america live starts right now. >> we begin with a fox news alert. judgment day for the army private who labelled a traitor by some and hero by others. i am shannon in for megyn kelliy. a judge is expected to announce her decision in the manning case. he is believed to have handed over documents to wiki locs including information about the u.s. strategy and theern workings of the u.s. state department and diplomacy. manning a ratify a short time ago. if he is found guilty of aiding the enemy he could get life in prison. reporting live from fort mede. >> we wrapped up a briefing for

the media 20 years from where i am tanning now. and the courthouse is about three- quarter was a mill. if you look at the charges, they are two, they break down in three discreet buckets. first charge, most serious charge aiding the enemy. and the second underarticle 134 of the un cj and allows the military to combine federal charges and most of them deal with unauthorized release of class foyed information and the third under article 92 of the un cj. unauthorized access to computer network ands use of media to copy and retain classed information. we expect the verdict will be read in the courthouse and the situation is extremely nowed. we'll wait for someone to come from the information center to

our live shot position with information. there is no internet access in that information center to send us role- time information about the verdict. we are waiting for someone to come out. it is restrictive, the rowels that are in place and that is a partnerly for good reason. >> i know covering trials are old school. you can't take the technology inside. there is restrictions getting it out. we'll talk about while we are waiting. how are the prosecutor trying to make the case on aiding the enemy? >> aiding the enemy is the most serious charge and if manning is convicted on that charge, he is looking to a maximum of life in prison without parole. the prosecution had to prove three key elements. he was handling intelience

information that is helpful to the people and he passed it indirectly with the knowledge it would be accessible to the enemy and he did it knowingly. in other words, the accused had knowledge that his actions by sending to a third party would be accessible and obtained by an enemy of the united states government. prosecutions said when bread lehmaning released information it was clearly available to groups like al-qaeda and some of those documents were found in bin laden's compound after the navy seal raid in 2011. the navy seals said he is a whistle-blower and released information because he wanted to expose lies by the u.s. government and he no way did so thinking it would fall in the hands of the enemy. this is seen as a high legal bar or threshold, but bradley manning is a cowed of stealing

and leaking and providiing wikileaks 7000 documents. >> if you can stand by we'll get the verdict live. for more we'll bring in judge andrew napolitano. judge, a lot in play here. you heard kathryn brick down the serious charge and there are others that could result in significant jail time. >> yes, he plead guilty to ten charges and they are charges to do with inappropriate handling of military hardware and software. what we and civilian life would call a lesser category of charges and the evident was so obvious there was no defense to. it and if he is sentenced to the maximum, he is facing 20 years.

he kept a slight credit because he was abused in the pre- trial confinement and gave hymn credit for a couple hundred days. we start with 20 years and then get to serious charges. here is significance. bradley manning argues he didn't reveal them to the enemy but the woky leaks and under supreme court law wikileaks can't be published because if they are a journalistic entitties, then the person who gives it to the journalist and the journalist who reveals it, the person who gives it cannot be prosecuted for what the journalist did. the judge may push the law in one direction or another. we haven't sewn a case like this. norm willy the charge is against the journalist and here it is against the person who gave it

to journalist. >> kathryn harris might have news for us. >> with an explanation. >> yeah, we just had information that came out of the courtroom by that information center and what we are told that on the first count, the most source count bradley manning was found not guilty of aiding the enemy. on the second charge with 16 speciction he was found guilty of 15 speciction and not the 16th and i am afraid to say, i don't have the third. but the major head line, according to our producer in the courtroom, on the aiding of the enemy he was found not guilty and that was a high threshold, again throw key elements. intelligence that this is information that is helpful to the economy and it was an argument it was helpful and found in osama bin laden's compound and second indirect and

done with the knowledge of going to a third party and third which may be the highest hurdle to pass knowing that the a cowed had knowledge that his actions in directing the material to the third party would lead it to the happens of the enemy and it was done with intent. when we have more information i will bring it back to you. >> kathryn, i want to ask you, when would the sentencing take place on the guilty charge? >> the interesting thing in the military court they don't pause or skip a beat. you would go right to the sentencing later this afternoon and in this particular case it was sentenced to begin tomorrow. and what is co here, a federal criminal case which you are well familiar with, evidence will be presented by the prosecutions as aggravating factors and also by the defense as mitigating factors and then the judge will

reveal what the sentence is. to give you context in the briefing this morning, if he was convicted on the second or therd pot or bucket of charges, that was a maximum of 154 years alone. he's 15 of the 16 counts in the second and so we are looking at significant jail time i would argue beyond life in prison at this point as levelled by the judge. >> thank you for bringing us the latest there. the head line aiding the enemy not comblty and guilty of many lessor charges. in military sentencing can they consecutive or concurrent. >> it is up to the discorrosion of the j. the judge can exercise the discretion on the basis of the information she gathers from the sentencing phase. it will begin tomorrow. it is orth trial.

and the government will put on 20 or 30 witnesses who will say here's the harm that was caused and here's how evil he was. the issue of guilt is resolved today. and then his lawyers will put on witnesses and perhaps private manning himself. he was not found guilty of aiding and abetting the enemy. we don't know if he was found guilty of espionage. i would guess he was not. the proves for aiding the enemy and espionage. unless you do i so you looking at the computer. the wires are not a head of what kathryn. >> no one is a head of kathryn. >> a lot of the charmings in the second bucket as cathroen called it are duplicative. and they are varying degrees of theft. he couldn't be guilty of all of

them. we will not what the court's minimum and maximum range is unless we get a list of everything he was convicted of. >> if he does face the espi annage charge even tougher punishments. >> they are ten years each. three espi annage. or the court could see guilty of espionage and that is 30 years. this is one of the reasons that in that courtroom. i know you and cathrein is wanting in there. the judge is saying guilty or not guilty. but when the judge is the jury, the judge is obliged to give

reasons. guilty and not guilty. it is taking her time to do it. >> colonel lend will discuss the sentencing phase and so thank you for lending your expertise. >> growing grou concerns on a film of hillary clinton. and what do the media jiepts come to regret the portrayal of a politician and a woman who is likely to run for president in a couple of years. >> and president obama and historic peace talks on israel and palestinian leaders. we'll look at the progress and what is behind the presidential appearance and involvement. >> now evident that the irs may have targeted more than just conservative groups. we will ask congressman darril issa why he wants to investigate the claims of groups being

targeted even after the application was approved. >> what is happening is the normal back and forth that happens with the irs. there is no targeting and this is what happens when they apply for 504 status. [ male announcer ] eligible for medicare?

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which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. >> this is a fox news a scomplert a potentially historic verdict in fort mead, maryland in the case of army private badly manning accused of leaking thens of classified documents to the web site wikileaks. he has been called a hero or traitor. he was found guilty on five charges of espionage. and last time prosecutors pursued the charges on aiding the enemy was in the civil war area. he could face a life in prison

if convicted with the charge. the judge will pick up sentencing tomorrow morning starting at 9:30 a.m. eastern. we'll keep you updated. >> we are hearing calls for a prand new investigation in reports of political targeting by the irs. after documents on the singling out conservative groups revealed status. and it was after the application and at that timeus was long approved. darril issa on oversight reform joins us now live. chairman, thank you for your time today. thank you, shannon and this is an extension of the investigation and not only did groups never get approved it appears that there was additional scrutiny ordered for the organizations even after a few were granted the 501 c4

status. >> the clar both policy institute a long- time institution in the dc, game. it was not brand new tea party applications and they are telling a story in a critical time in 2012 put to the wringer and having spent a lot of time and money to answer new questions from the irs. >> exactly, shannon. one thing your listeners need to understand. you don't get a tax deduction for giving to them. it is not where you get a write off or charity. they simply don't pay taxes on the ref now that they are given to do their work. many people don't understand, it should not be that tough to get as a status. it is a advocacy and education

organizations which both of these groups were. >> as we continue on multiple fronts with the irs, the ranking number on your committee, your colleague couplings is firing back and going public with a letter and said you are not telling the whole truth of what is going on in the groups and he close its and said unfortunate that you persist in the pattern of releasing quotes instead of conducting a responsible investigation instead of real reform. your response? . mr. cummings is trying to help the administration. they release him small releases that help his position and before the inspector general would ask if there was unfavor

targeting of tea party he said yes. and that flies in the face of president and elija h cummings saying it is only about tea party groups. they gave one percent and 2- 10ths of one percent of the documents they identified and most of them look like a black cow eating licorice obligated. you don't get a page that you can't read a word on. that kind of stone walling is what we will talk to the commissioner this week. the problem is the irs tries to pretend it is a role scandal and standing behind the 6103 and giving no information to us and almost no information to the ways and means committee. this administration will admit individually they are scandal and then calls them phony

scandal in the aggregate. >> you xhengzed the irs administrator who was supposed to clean things up. the president went public and said he was outraged by what was going on in the irs and wrong they were taurgetting the people and vowing to get answers. you is not a letter to mr. werfel and you said there is a systematic way the irs has delayed and frustrated and impede and obstruct the investigation. those are serious charges, what are you saying exactly. >> under 18 usb 1505 you can get five years for obstructing the congressional investigation. documents were clearly blacked out and urchedneath those documents many words we should be able to see and we are objecting to it. more importantly you characterize danny werfel.

he was a political appointee and part of the administration that stone walled transparency since day one of the republican majority in the house. they were content to talk about transparency and not so willing to do it for the last four. do i want danny werfel to go and clean house? absolutely. do i believe he is a long- time part of the don't answer the question and delay and obstruct, absolutely, and my letter said so. >> cope us updated. >> did do. >> a security alert in the middle east. escape of convicts from several prison. a sign of bad things to come? and anthony weiner vowed to stay in the new york mayor race. latest polls said voter may not

be so confident about the controversial congressman.

now to a developing story out of washington. president obama meeting with israel and palestinian negotiators at the white house. secretary of state john kerry set it up after weeks of lobbying and called the meeting with president obama very positive. >> parties have agreed here today that all of the final status issues, all of the core issues and all other issues are all on the table for negotiation and they are on the table with

one simple goal, ending the contlikt and the conflict ending the claims. they are meeting again in two weeks. we'll talk to a former peace negotiator will come out of the latest push for piece in the mideast. now the mayor's race in new york city. support for anthony weiner is dropping dramatically. the former congressman tock a hit as more fellow democrats call for him to drop out of the mayor's race. trace? >> and yet though though weiner said he will not let the tv pundits and commissioners and oppons elbow him out of the race. >> i will do the things and new yorkers deserve the choice and i will let new yorkers decide. bad news. even new yorkers are abandoning ship. here are the new poll numbers

five days, 26 percent of the voters said yes, they would vote for him and he has had a ten point drop in five days. should anthony weiner dropout or remain 53 percent say dropout. six weeks to go. and when client nine, ak a elliott spitzer diss you, it is bad. listen. >> you are not going to vote for anthony weiner. >> fair point, that is correct. >> should not be mayor of new york? >> that's correct. >> some call the comments hoith of hypochrissy and david axle rod said weiner's run is absurd. the clintons are found of huma

and they believe it draws comparisons of hillary clintony support of bill. we upper is not interested in what people who don't live in new york city has to say. the bottom line is that that man, thee though weiner, carlos danger fears no one and plans to stay in the race until the end and his name will remain on the ballot until he drops out. >> he's determined, trace, thank you. >> and the lincoln memorial and the national cathcongratulate in washington vandalized with splatters of grown paint. police have a break and plus, president obama hitting the rod again and talking about the economy. are his spoechs having any impact? . it is if he's been a bystander and out of the country five

years. it is his economy. he's the president. he's talk as if it is the bush economy and he a ratified in a boat and discovered how bad the economy is. this is result of the policies he snouted.

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fox news alert. live pictures from chattanooga, tennessee where president obama will give the fourth speech on the economy in less than a week.

all of the talking are asking if the spoechs are effective. charles krauthammer questioned the messaging. he goes around and makes speeches and deploys the economy and chronic unemployment and staggering underclass income and as if he was out of the country in five years. it is his economy and he is the president. ndanna perenno served under press secretary under president george bush. >> hello. >> starting with charles krauthammer's point. when the president talks about how bad things are and even if there is a slight improvement. charles said it sounds like he doesn't have a hand in the mix. >> president obama is effective in doing this. in the first term, he said look

how bad it was when he got there and we were in a financial calamitiy and there was crisis. but the fifth year in the president so and after the stimulus bill and he still blaming everybody else. you notice shannon, he doesn't blame george bush anymore. he so manies. >> it is because i think people are getting tired of it. and charles krauthammer said 50 percent of the country don'ts inially blame president obama himself. there is a lot of different factors him. but there is a hindrance from the president obama to giving speeching that don't need to action. >> the white house last week, said it was a historic speech and there was a lot of build up. they anyhow a lot of people had stopped listening and they did a good job selling it on the front end. but when you set such highway

expectations where can you go. >> what was the sound boit, phony scandals, that's what they accomplished and that was something that was written into his speech. for prepoach buzz, the white white gets an a plus. they got people talking and people fall for it. but the speeches are like cotton candy and melts on contact and it is a c- minus when it comes to the content of the speeches. today president obama will give a speech in which he is unveiling the idea of grand bargain aping and more taxes and convert that rev now and goes to dc and repurposed and back to the states and creates middle chasz jobs. that is a huge disconnect for him. he is not a good retail spoker. >> and peggy a speech writer is

talking about is anyone listening. any president is giving a breaking point. people are not towned in and not listening. she thinks president obama got there more quickly than any other second term president. he likes to give a spoech. >> and people say what a great speech it s. i think she is right. for any president in the second term, there is a point where people stop listening to you and look over your shoulder. unusual for the first year of the second term. i will take it another step. it is not that america has stopped listening to president obama. he has stopped listening to america. he has so many things he could do with town hall motings and it would have been powerful for him to forego martha vineyard vacation. i don't begrudge it. imagine if he visited the places

that no one sees. tus caloosa and sacramento or maybe not there but someplace north and south and show america what he is trying to do. the speeches are a way to fill up time and use the bully pulpit and they are squandering an opportunity. >> he talked about the gaps that are between the races and economic classes in the country and that sets up a whole different conversation and based on the study we saw from the a p, those gaps are closing. a lot of people are in a bad place. not just minorities. the gap with minorities and whites. >> a p numbers. 4- 5 people being at rick in america and they are not going on vacation in martha's vineyard and they might be persuaded by the speeches and messaging in the spoechs and it seems like

he's speaking over their head or around them. talking about corporate tax reform. if people are paying attention at all in the summer, they might ask themselves why is president obama for a 28 for corporation and a 48 percent rate for individuals. how does that map up and how do we preserve those programs. the government has a ton on its plate and less on the plate and the economy can do preponderate at that point. he will give orth speech today and you will so some-oddiences that listen to it and the tax reform people are listening to it and the democrats said it is not going to happen. reid shumer and ba cchus and president obama realizes it is not going anywhere. republicans on the hill are preacting to it and saying it is a no go basically. and you mention the idea of august town hall. i love it when members go home.

>> i am sure a lot of them don't feel great about it. and somebody is throw feet away from you and asking you a question, it changes the conversation a lot. dow think that the white white will consider something like that. >> they have in the past and some are to descriptive. you can get a we struck by a president and say oh, my gosh you are so great. and they are trying different things that produce an interview on the kindle and it is a special and they are trying new and different ways to roach the audience and they do a good job, a plus on the pr coined of thing. it is that the content is not getting us to where we get something done in congress. and the winnow on that is closing dramatically and there is not a love loss and gearing up for the huge fight over the debt and budget and it seems like the messages are meant to

antagonize than put together and they have a lot to work out. >> that is a interesting point. if you believe the polls out there and why can't washington just get along and work together and put aside our differences and get something done? in the antagonize like today. white house left john boehner a voice mail about the plan for today. it is fun forked in of the beltway politics. >> i think that people outside are just thinking a pocks on washington altogether. that is dangerous. that means very little can get done. look your constituents in theie and you better defund obama care or this or that. that means why they go home for the districts and you don't hear opposing view points. danna, you will come along, too.

>> okay. thank you so much. great to so you. >> the trend overseas. we are learning about hundreds of dangerous prisoners and terrorist and guys being freed in jail breaks all over the middle east. and a young girl highlighting a disturbing summer threat. she contracting a dangerous infection in the water park. >> and a real life courtroom today. getting the latest on the real house wife of new jersey and her husband and whether the on screen antics can haunt them. they are indicted in doze knows charges of fraud. hey linda!

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>> now controversy over a u.s. mayor accused of sexual harrassment and asking taxpayers to split the fees for the them. and he is a cowed of takes hands on politics to a new level. he announced he would not step down but have couple of weeks of this were. he said his office will not represent mayor filner under and circumstances. >> dozens of heavily armed taliban. and freeing more than 250 prisoners, 25 of them are most dangerous terrorist and that follows a rash of prison breaks in the prison. and more than a thousand inmates

who escaped in benghazi, libya. we are talking about it with the general. good to so you today. >> good to see you, shannon. >> what do you make of them? taliban taking credit for some of them and are in a coincidental and the bottom line bad guys are out? >> no doubt about it. it is hard to believe they were coordinated given the power groups that are involved. and intelligence sources know that answer. they inspoir each other typically you have a successful one in iraq and pakistan and also in libya. it provides them the motivation and listen, this is fertile ground for them. these security prison in hosts countries are not as protected as they should be. they have a difficult time getting response forces there effectively to shut down what is taking place.

and the third thing is, they have inside cooperation. it is a huge morale plus for the fighters and movement and recruiting. >> and you mentioned the inside help. multiple cases here, some of the folks who breached the prisoners were in police uniforms to make it appear they were part of the staff there. is there any way to stop them and create a security perimeter and checks on these folks work nothing the prison to check in to their loyalties and where they lie? >> just about any facility can be adequately protected. you have to have good intelligence to do that and that is anticipating something will happen by using informants and others monitoring their conversations and the internet

etset rachlt and then the protection in the facility. you have to go on constant drills and it is a known practice that someone trying breach a facility prison or military base will have some people in host country uniforms to disguise themselves and create deception until they do something violent. >> what does it do for taliban and al-qaeda and militants when they do score getting dozens of their brothers out from behind bars and bags battle on the battle fold. >> it a huge deal. the message goes. we are your brothers and will rick our lives to protect you and deputy after you if you are taken prisoner and they have achlle evidence to demonstrate that and it has adverse impact on the host country forces.

when you are fighting out there and losing teammates and some are wounded and results in the capture of insurgents and terrorist and months later, they are back in your neighborhood and in the zone you are fighting in makes an adverse impact. we had the same impact on our troops when similar things happen. and shannon, it can impact the support from countries that are trying to assist the host country. it creates a sense of fulltility. and what are we there for and doing this? we can't seem to make headway. and we captured all of the prisoners and they are back out on the street. it undermines the support of count rows they are trying to assist as well. >> i think of the american lives lost and invested and stabilizing their lives, to. we made sure stability is restored there and always good to see you, and thank you so

much. >> good talking to you, shannon. >> some of the most cherish monuments vandalized and there is a break in the case. we'll have the details next. >> a more on this rare condition and it actually could seemingly happen to anyone who visits the water park. i'm here at my house on thanksgiving day, and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. hey, the new guy is loaded with protein! go talk to really?ctor. 25 grams of protein. what do we have? all four of us, together? 24.

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new york city's ban on giant sodas goes down the drain for a second time. a new york state appeals court upholding a lower court ruling which struck down mayor bloomberg's plan just hours before it was supposed to kick in. the ban would have prevented places like restaurants and movie theaters from selling sugary drinks larger than 16 ounces.

still no word on whether the city will appeal the ruling to the next level. new developments out of our nation's capital where police have arrested a woman in connection with acts of vandalism at several national monuments. trace gallagher has more from our west coast newsroom. trace? >> reporter: shannon, police are trying to figure out if they have a serial vandal or a series of copycat crimes. a woman was arrested. it's unclear where she's from but we do know she does not speak english. she was parentally found in the national cathedral, where a mural as well as a pipe organ was splattered with green paint. listen. >> our housekeeping crew is cleaning up the mess. it really was cosmetic, minimal damage, thankfully. still heartbreaking, particularly a children's chapel is a much loved chapel. thousands of people a year come here. it seems to be minimal cosmetic

damage that can be cleaned up fairly easily. >> reporter: keep in mind, this is one of four d.c. green pain at tacks. at the smithsonian there was one, the statue of joseph henry, you see there, the lincoln memorial splattered with paint. three of the four cases involve splattering of paint but something was intentionally drawn on the statue of joseph henry. you see those marks there, that leads police to believe there might be more than just one suspect. now, of course, they'll take the paint, test it to see if it matches all the vandalized sites, we should note, have so far been cleaned up. they're just waiting to see if somebody does this again or if maybe they have the person responsible for all four. >> if that individual is, i'll be interested to hear what the message is, the selection of green pain the, what it's all about. we'll phone out. thank you. a quiet night interrupted by this. [ explosion ]

a series of massive explosions rocking a propane plant leaving several people critically injured in a blast heard and felt miles away. just ahead, what police are now saying about the cause. plus, media outlets facing sharp criticism over plans to produce movies about hillary clinton in the runup to the 2016 presidential race. is it appropriate? our panel will and a real housewives star in real-life trouble, indicted on charges that could send this couple to the big house for decades. no, it is not a reality tv stunt. >> i just got mad. i guess it's an italian thing and we just do that. love to wal. love to wal. yeah, we found that wonderful thing. and you smiled. and threw it.

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a fox news alert, shock and fear in a florida suburb as explosions tear through a propane plan the.

investigators are trying to determine what went wrong. a brand new hour of "america live." i'm shannon bream in for megyn kelly. the walls were shaking in homes up to ten miles away. propane canisters were shooting off into the sky. witnesses describe hearing what they first thought were fireworks. >> i thought it was something like a fireworks plan the or a chemical plant or something but it was constant explosions, constantly went on with the huge black cloud of smoke, a column of smoke that went up. it seemed to be coming closer. >> we went outside the house, saw the orange glow. we thought it was a house around the corner. got in the car and took off. >> we go to miami for the latest. >> shannon, part of the reason this fire continued to burn for more than three hours is that those metal canisters which contain 20 gallons of gas, propane, tend to ignite and

explode. there were 53,000 of them. you had shrapnel, metal flying throughout the airy. firefighters had to pull back twice. they evacuated the area one mile around the plant. local residents say their windows and walls of the homes were shaking with each blast. >> oh, it was join the amber like fireworks coming up from the ground. it was almost like the fourth of july, the ones from come up from the ground. it was just boom off boom after boom. some of them got really big and some got really small. >> right now, federal investigators are on the scene, trying to determine what caused the initial fire. but local officials are already saying they do not think it was a deliberate act. >> we don't think that there was any act of sabotage or anything like that. we honestly think it was probably an equipment failure with a combination of maybe

human error from one of the staff. >> the aftermath this morning looks like a battle zone with twisted metal along the roads everywhere. currently five of the plant employees are still in critical condition. shannon, back to you. >> steve, thank you very much. the florida incident just the latest in a series of gas explosions across the country over the last several months. they include these, in june, an explosion in franklinton, louisiana. back in may, a fire at a natural gas facility in new jersey sparked an explosion that injured two workers. february, texas, one person killed, another seriously hurt at a gas plan the there. that same month an explosion at a restaurant in jefferson city, missouri after a gas leak was discovered. one person died, 15 others were injured. last november in texas an explosion at a propane gas plan the near houston, seven workers were hurt. fox news alert out of

tennessee. president obama is macing remarks on the economy. you can watch the president's full remarks by logging on to foxnews.com. while the president is expected to offer republicans a grand bargain that would cut corporate tax rates in exchange for significant investment in jobs programs, republicans say cutting the corporate rate while leaving the individual rate alone would have a devastating affect on small businesses. >> it's just a further left version of a widely panned plan. he already proposed two years ago. this time with extra goodies for tex and spend liberals. the plan, which i just learned about last night, lacks meaningful bipartisan input and the tax hike it includes is going to dampen any boost business might otherwise get to help our economy. >> let's bring in one and only fox news digital editor and host of power play on foxnews.com

live. the president knew putting this offer on the table was not going to smooth everything over with republicans going into all of these debates about the budget and debt ceiling. that wasn't the idea. the idea is here is, the president goes to a red state. remember, not a president that spends very much time in the south, has not gone to southern states much, goes to a red state and talks about the way government spending can benefit middle class people. he goes in there and talks about they're in a place where they ship stuff for amazon, people order on amazon, folks pack and ship it. the president says with better education, people can be trained for these jobs. with more government spending on roads and infrastructure, that the trucks can roll and that stuff. he's going to a red state to make the argument to republicans -- not argument to republicans but the argument to democrats and viewers at home about what he says republicans are doing wrong. what he says they're doing wrong is not spending enough money and

not taxing rich people and corporations enough to spend that money on what he says are much-needed investments. >> well, to that point, the word investments is used a lot by the president in these economic speeches he's been giving. investments cost money. you mentioned higher taxes for some folks but that might not cover all of it. where is this money going to come from? >> since he's not going anywhere and it's not coming from anywhere, this is but in theory, the president says basically to encourage corporations that hide -- the united states has among the highest corporate tax rates in the industrial world. so companies avoid them. that's what they do. they keep their money elsewhere. the president basically is saying, if these companies agree to start bringing, onshoring their money instead of hiding it from the irs offshore, bringing it back into the united states, if they'll pay a one-time bounty of penalty essentially and give the president, i don't know,

people have talked about $50 billion as the penalty here, the president wants to take that money and spend it on stimulus kind of projects, infrastructure as he says, investment as he says, to build roads and do stuff and the things that democrats want to do. that's not going to happen, not only for the reasons that mitch mcconnell talked about on the senate floor but also the fact that the democratic party is pretty deeply divided over issues like this. this is a way for the president to go forward and say -- you notice it's no coincidence they use the term grand bargain. he's trying to show he's mr. bargain. >> yes. >> let's talk about the optics of this. it does appear that you come to the negotiating table with something. the president knows these big fights are brewing on the hill. we talked about this many times. he comes there and at least publicly says i'm bringing something to you that you want. for those who live outside the beltway or don't cover politics in the nerdy way you and i do -- >> whoa, whoa. >> i'll speak for myself.

you are suave and debonair. i'm a political nerd. to a lot of folks out there who hear this, look, the president is trying to meet republicans halfway, he's bringing them something, putting it on the table, if they say no, we don't want it, it's on them. >> the president says he's playing a version of the outside in game. it's something clinton, president bush, others have down from time to time. you bring pressure to bear on washington. this is another in the category of these are inside-out speeches. he may be going to tennessee but he's talking to washington. and what he's trying to say is in this use of the phrase grand bargain is very important because grand bargain is shorthand for something to fix the debt and deficit issues here in washington. it's been the elusive thing, john boehner has done himself terrible harm with his conference over the years, trying to get to that grand bargain. the president uses those words

to describe something else in a bit of ledger domain to try he's mr. compromise. >> you are mr. powerplay. see you tomorrow, 11:30 eastern. >> glad to be a nerd. >> thank you very much. disturbing new details on unsafe and unsanitary conditions at a planned parenthood abortion clinic. former employees revealing all kinds of health violations, claiming the problems left patients in grave danger. >> reporter: these three former employees of the planned parenthood clinic in wilmington, delaware say they saw rushed abortions, unsanitary abortions, unsterile equipment, untrained staff and female patients who were never told they had tested positive for sexually transmitted diseases. these women don't think planned parenthood or the state of delaware is doing enough to force changes there at that clinic.

they insist patients are at, quote, terrible risk if they go to that clinic for abortion or any kind of testing. you're about to hear from all three of them now. the first one you hear from filed a new complaint today with the state of delaware. >> i want the state of delaware to do their job. i want them to oversee planned parenthood like they need to be. i want them to, like the inspection they did in april, i don't think they followed up on it like they should have. they should have been closed down because they themselves called it unsafe and unsanitary and left them open to write a letter about how they were going to fix themselves. >> i would not want anyone to be treated there. reminder, i am pro choice. many of these these women are poor or minority women who turned to planned parenthood of delaware in their moment of need. i would urge anyone who had an std test at planned parenthood of delaware to seek an outside

physician. if she is positive, i would urge her to seek justice. >> reporter: planned parenthood says those throw employees who are pro choice are working with pro life groups to get the clinic shut down. planned parenthood says the former employees, what they were expected to say today was nothing more than concerns that had been, quote, thoroughly addressed by oversight agencies, including the delaware department of health or they are simply incorrect. shannon? >> in the wake of the kermit goznel case. a strong tornado touches down in an unusual location. more of this incredible video, just ahead. and initial round of peace talks between israelis and palestinians wrapping up today with a warning from secretary of state john kerry. the search resumes for the weapon in the aaron hernandez murder case. we'll tell you where police are

focusing their efforts and why. >> i don't think they'd waste tax dollars to come here and look if they didn't have good information. >> somebody said that somebody could have been driving by and tossed it out the window, that's why they're searching close to the land here. [ female announcer ] it balances you...

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police are resuming their search of a connecticut pond for evidence related to the murder case involving former nfl star aaron hernandez. police divers spent eight hours combing the bottom of the uponed in bristol yesterday but have yet to find a gun used to odin lloyd last month. the uponed is a short distance from the home owned by hernandez's uncle where police have conducted previous searches. the former new england patriot has pleaded not guilty. second of state john kerry warning time is running out to broker a peace deal between the israelis and palestinians. wrapping up an initial rounded

of talks in washington, secretary kerry today said both sides have agreed to try to reach a peace deal within the next nine months. aaron miller, former peace negotiator and has serveds aas adviser to six secretaries of state. your response to this potentially landmark meeting in washington. >> kerry deserves credit. he willfully and relentlessly drove the process and got the two sides to the point where they're prepared to launch serious negotiations. the question is, can he keep them there? let alone can he actually help them facilitate and realize an agreement. that's the key. because if anything less occurs, this will be the key to an empty room and it will badly diminish his prestige and american credibility further. >> yesterday we had a former u.n. ambassador to the u.s., u.s. ambassador to the u.n., john bolton who said what we'd

probably get out of this meeting is the next time they're going to meet. this that is a step forward. they're trying to get to a peace deal within nine months. should we, you served in this role in negotiating, should we be optimistic that at least we're moving, maybe baby steps, but in the right direction. >> i wouldn't postpone your occasion in order to await the announcement of a breakthrough. middle east negotiators have two speeds, slow and slower. the fact is these are some the most excruciatingly painful issues that arabs and israelis have negotiated. borders of a palestinian state that will literally be living meters away from israel. the future of jerusalem, refugees, what happens to them. security. and whether the palestinians are prepared to recognize israel as the nation's state of the jewish people. this is a major league of the peace process. it's the end game and it's not going to a short movie.

>> well, one of the things that secretary kerry said today coming out of the meeting is that israel has agreed to take a number of steps to improve conditions in the west bank and gaza strip. what does that mean? >> it means something the israeli prime minister benjamin netanyahu has already committed himself to, the release of over 100 prisoners, who are serving long zens sentences, all of whom have blood, israeli blood, on their hands. and netanyahu has already agreed to this. that in itself, frankly, is a sign of seriousness, because while on the palestinian side that is a development to be celebrated, on the israeli side, that's a development to be concerned about and, by many israelis, a development to be mourned. >> you mentioned secretary kerry had been taking a lead and worked very hard to get the two in the same room. the president decided to meet

today also with the lead negotiators from both sides. it hadn't been on his formal schedule. does it make a difference that the president himself gets involved? what impact is there. >> it's a critically important question, shannon. i think in the end this will not have to become just kerry's process but obama's. in the end this is heading toward a high-risk, high-profile leader summit in which the president of the united states, most likely, is going to have to push both sides further than they wanted to go. and that's going to involve all kinds of equities for a president whose agenda has focused much more on the middle class than it has on the middle east. >> okay. quickly, i want to ask you as we go, what is the one most substantive issue, there are multiple, i know, all important, what is the one point to watch that these two sides have to find an agreement on?

>> if in the next few months you're hearing positive noises about defining a border, the issue of land, you'll know this process is headed in the right direction. it's not over but it may actually have some traction. >> all right. it is just beginning. aaron david miller, thank you, sir, very much. >> thank you, shannon. media outlets now facing sharp criticism over plans to produce movies about hillary clinton in the runup to the 2016 presidential race. is it appropriate? our panel will debate it, fair and balanced. plus, a massive tornado caught on camera in an area that rarely sees this type of storm. and a trip to the local water park turns tragic for a young girl. more on her rare condition. it, apparently doctors say, could happen to just about anyone who makes a similar trip. >> i believe maybe that's what god here, is a plan, that why caylee's having to go through this this so that somebody

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dramatic video of a tornado hitting italy. the twister sweeping through an industrial area near milan, injuring 12 people and causing millions in damage. amateur video shows debris flying through the air. the tornado leaving behind a trail of destruction, flipping over cars and trucks, knocking down phone and power lines and breaking a whole lot of windows. a young girl is fighting for her life after contracting a brain-eating parasite after swimming at a water park in arkansas. bruce gallagher is live with more on this mystery. >> reporter: shannon, it was just hours after 12-year-old kali hardig went swimming in that lake at the water park, her mom says she spiked a fever,

started complaining of a headache and all night long she began throwing up. the next morning they rushed her to a hospital where the doctors diagnosed her with parasitic meningitis, caused by a brain-eating amoeba. it's killed five arkansasens and two americans have ever survived this. her mother thinks kali will be the third. listen. >> we're just going to take baby steps but other than that, kali, they say is doing remarkable. she's a little miracle. there's a plan, why kali's having to go through this is so somebody else's child won't have to. >> reporter: kali's in a medically induced coma, making very slow improvements. meantime, the water park has been shut down. listen now to the park owner. >> it's hard for us to even think about the possibility of a child getting sick out here.

if it happened here, or whether it didn't, the possibility of it happening in the next few years, pretty strong. >> reporter: the very same water park was connected to another case of parasitic meningitis back in 2010. the park is vowing to turn that lake into a concrete bottom, right? these amoebas apparently live in soil and very warm, fresh water. kali's mom says parents and their kids when they swim in lakes and rivers should use a nose clip to make sure they keep any kind of parasites out. >> she sounds like a fighter. we'll send prayers and good wishes her way. trace, thank you. new developments in that deadly train crash that killed 79 people in spain last week. what investigators say the driver was doing the moment the train derailed. actress diane lane set to play hillary clinton in a film. will the major media outlets behind their production, find it

hard to shake at appearance of bias if she decides to run for the white house? and real courtroom drama for the stars of the "real housewives of new jersey." the serious crimes they're accused of committing with serious jail time, coming up. when i first felt the diabetic nerve pain, of course i had no idea what it was. i felt like my feet were going to sleep. it progressed from there to burning... to like 1,000 bees that were just stinging my feet. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause rious allergic reactions or suicidal thoughts or actions. tell your doctor right ay if you have these, new or worsening depression, or unusual changes in md or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling,

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brand new information on that deadly high speed train crash in spain. the data recorder reveals the driver was talking on the phone with a company official at the time of the accident. and that controllers called him before to discuss a route to the final destination. it also reveals the train was moving at 1 to miles an hour minutes before the derailment you see there and that the brakes were activated just seconds before the crash. new questions about media bias after cnn and nbc announced plans to make hillary clinton movies, which of which will star diane lane as the former secretary of state. neither is being done by the company's news divisions but the bias could be tough to shake. >> well, indeed, the news divisions at both of these networks are worried about the appearance even though they technically have nothing to do with these two projects, at nbc, for example, the diane lane mini

series is coming up, which by the way starts in 1998 which means it starts during the monica lewinsky scandal. chuck todd, the political director at nbc already took to twitter to say, hey, folks, we have nothing to do with this on the news side, don't blame us. cnn films commissioned a movie that will air on that network, nothing to do with the news division, charles ferguson will direct that one. he's already directed a movie called "the american occupation of iraq" which was critical of the bush administration. that's why there's a perception problem and there might even be a legal problem because there are equal time rules, although probably both projects will get on air before hillary clinton probably, allegedly, most undoubtedly becomes a presidential candidate. >> we shall see.

howard, if you will stick around we'll continue having this discussion. let's also bring into the discussion, leslie marshall, a syndicated radio talk show host and fox news contributor. and chris plante, these aren't coming from the news division. nbc and cnn have made this clear. what's the problem? >> they can't disassociate themselves with themselves is the problem, i think. if it's cnn films, it's cnn. if it's nbc, then it's nbc. they have a news division. they're engaged in political activities. we know what their biases are and we know what the outcome will be. casting diane lane as the lovely diane lane as hillary clinton is enough of a tip-off as to where this will go. personally, cast phillip seymour hoffman. >> casting decisions aside,

leslie, do you buy the assurances and even if you know they do their best to have projects that don't touch the news division and do have a factual overview of hillary clinton's life, they're inviting some criticism. there are those who will say it just will not be accurate. >> obviously they're inviting criticism. i agree a little bit with howard, a little bit with chris but just a little bit. >> on the casting? >> yes, just a little bit. me on the casting, definitely. my husband is in love with diane lane. he'll watch it just for that, chris. i have to tell you, nbc is perceived by many americans as left leaning. they have entertainment and news. i think honestly, the real identity problem here at least in my opinion is cnn. since the boston bombings, their ratings have come up. they definitely have been looked at again by americans as a news network. for them to have a film division now, look who's running the

network now, right? and to have a story about hillary, this is not going to weigh in, i agree with the guys with be that hosni mubarak u th. i think i would fall asleep as many americans would. she's a polarizing figure. if people love her they'll watch it. if people hate her, they won't watch it. >> howard, i mean, i have not heard of any potential mini series on paul ryan, marco rubio, ted cruz, any of those guys. >> i think that's a fair point. i think it's unfair if you're working as a reporter for cnn, you have absolutely nothing do with this. there is that perception problem. everybody knows hollywood loves hillary rodham clinton. i don't see three years before a presidential election anything in the works on jeb bush or marco rubio.

it feeds the narrative that hillary has a special status both in the culture and in the media actual tur. if there's no film on any of the perspective republican presidential candidates, then i think that does kind of tilt the scale. >> we understand at least one of these projects will start -- it's not going to include the first 50 year of former senator clinton's life. a lot of important stuff happened then. we know it will start after that point. do you think they get into benghazi? it's been such -- a u.s. ambassador died on her watch as secretary of state. is there a way to address it that in some way portrays her in a polite, that she did what she could? >> well, of course. that's the value of propaganda. and of course she's going to be the innocent victim, the heroic figure. she's been declared one of our greatest secretaries of state ever with no accomplishments to her name literally other

than the benghazi cover-up. it will pain the her as the person who tried to save them, working late into the night. that 3:00 a.m. phone call came and hillary wasn't there. this was a whitewash before you begin. on the cnn piece, charles ferguson as howard mentioned, is famous for two films, one is a hatchet job on the bush administration and the iraq war. the other is a hatchet job on wall street and capitalism that he did with matt damon. those are his credentials. cnn choosing him lets you know where they're going. nbc choosing diane lane lets you know where they're going. this is propaganda of the first order. obviously we should be bothered by it as americans. we have one party in this country that gets great treatment from the mass media, not just the news media but the entertainment media as well. it creates a tilted picture of our politics to be generous. it's really rather third world to tell the truth. >> leslie, do you think the makers of the different projects

would benefit hillary clinton if they did include the tough stuff, the controversial things. it seems you could make a movie about any politician's life without controversy in there. >> true but i don't think it will help her at all. quite frankly, networks are doing this, i mean, you can kiss a politician's butt only so far. at the end of the day you have to get ratings and make money. these are businesses. come on, chris. quite frankly, i'd be willing to bet, if you asked hillary she wouldn't want these to air. the people that are going to watch it have an opinion of her already. this is not going to affect whether they'd vote for her or not as president. at the end of the day, her life is a heck of a lot more exciting than any of the guys that are probably going to run eventually and be the nominee on the republican side up against her. so i do think they have to address these issues. then again, a lot of the people, including all of us don't know everything. we don't know what went through her mind when she found out about monica. honestly, if i were her, to

revisit that, revisit monica, to revisit the death of a good friend, vince foster and a very good friend and colleague, ambassador chris stevens, it's painful. i honestly don't think it's doing anything but perhaps helping the network gain support from people who like the former secretary of state. >> we've all talked about the fact that hillary -- hollywood does love the clintons, they make no secret of that. they have strong relationships there. do you think the clintons participate in any of these projects? >> i don't say they're participating in these particular two projects. i want to say in fairness, we are sitting here critiquing two movies that haven't been made yet. i'm willing to reserve judgment on this matter. there's a cozy relationship between the clintons and the hollywood/artistic community. this is just going to further that narrative. again, i don't think it's fair

to blame the news division but it is awfully coincidental that both of these decisions were announced within a week of each other. >> howard, chris, leslie, when they come out, to be fair and balanced let's have a hosting party. i will bring the popcorn. >> i'll bring cocktails. >> maybe we'll come up with a drinking game for the movies in particular. gentlemen, ladies, thank you. >> you'll like the movie better. >> good to see you all. making it safer to go back in the water with the largest great white shark expedition in u.s. history, details of this monsterous undertaking. ahead, live. plus, this is as real as it gets. a reality tv star slapped with dozens of federal charges. trace has the story and our legal panel will help break it down, next.

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this is a fox news alert. we want to bring you pictures, this tape just came in moments

ago. this is apparently in kansas city, missouri. fire and emergency crews are on the scene, this is a day care where at least one person is trapped after a vehicle, we're told, rammed into the building. it is, again, kansas city, missouri, multiple crews on the scene. initial reports were that one car hit another and then that shoved the car into the christian academy day-care center. there are some reports. we are working on confirming these independently, that children have been pinned underneath one of these cars. our local fox atill yat is on the scene with a crew. as soon as we know more we'll update you. christopher said i tossed him across the room. i don't remember it. i just got mad and i guess it's an italian thing and we just do that. >> all right. the tables have turned on real

housewives star teresa giudice. she and her husband, stars of the real housewives of new jersey were indicted on 39 different federal fraud charges accused of faking financial documents. >> she says it could be giudice or giudice. she prefers giudice. teresa and jay giudice appeared in court eighth did not enter a plea. they both were freed on $500,000 bond. we also learned that joe is not a u.s. citizen and could be deported back to italy at the end of this whole thing. those 39 counts they're talking about, the fraud, amounts to allegedly some $4 million in loans and credit withdrawals, et cetera. here's the u.s. attorney. listen. >> the investigation went on for a pretty long time and we're confident that we have enough evidence to convict the defendants beyond a reasonable doubt. >> on top of that, the feds said

that joe giudice didn't file tax returns for five years. in those five years he made somewhere around a million dollars. she apparently applied to a mortgage back in 2001 and gave a fake job, fake pay stubs and a fake w-2. here's teresa's attorney. listen. >> we've just been indicted. we have to explore all avenues. right now we're looking forward to defending her, getting the evidence from the government and figuring out what it is they're really saying about them. >> just in case you're wondering, under federal law, both are required to have their own attorneys. she's released a comment saying, quoting here, i'm committed to my family and intend to maintain our lives in the best way possible which includes continuing my career as a result i am hopeful that we will resolve this matter with the government as quickly as possible. real housewives of new jersey in case you haven't seen it, is in its fifth season.

no comment from bravo, the network it airs on. the show might be coming to an end because legal experts say these two are facing the real possibility of jail time. like real jail time. i don't know. real housewives of sing sing, maybe. this thing is serious. it says 100 years plus in the law. they're talking really like a couple of years they could spend in prison. >> it's the real deal. trace, thank you very much. for more now, let's bring in defense attorney david wahl and esther pennich. physical attacks we've seen, damaging property, all that kind of stuff. that is nothing compared to what they are looking at right now. david, how serious is this? what about these federal charges? >> they're very serious. each one is facing up to 50 year in federal prison. they must have the goods on them, documentary evidence

proving they phonied up tax returns and documents to get home loans. the federal charges are serious. if you get time you do about 85% of the time you get. this is the type of case where you've got to argue, because the facts are on your side, argue from an emotional standpoint, monetary standpoint. they have tremendous earning power, apparently. you want to have the taxes paid, as a federal government, the restitution paid. they have four young kids as well. you don't want the kids going into foster care, you don't want the kids being without a mother and father. you may have to argue this case from an emotional standpoint. they're not going to get a long time, mark my words. they'll get maybe a year on house detention with a tremendous bill of restitution to pay back. >> esther, how does this work, when prosecutors come to them, they're taken into court, they're charged, all laid out, when they have spouses do they try to get one spouse to get the goods up on the other one?

she said i support my husband, i'm sticking with him. certain certainly there is privilege in those type of things. will prosecutors put something on the table for one or the other. >> it's possible. that's why they each have to have a lawyer, just in case one of them wants to turn on the other. i don't know how likely it is that one will turn on the other. this is pretty cut and dry as criminal cases go. this isn't a he said, she said type of thing. these are loan documents, pieces of paper, filled out, they are signed under oath by one or both of these defendants. and so the case is not -- i kind of disagree with david, it's not going to be an emotional case at all. did they submit tax returns or didn't they submit tax returns? did they fake w-2s or did they not fake w-2s. there's not mitigation you're going to get to until the sentencing. if there's a sentencing and if the government can prove their case or in case they take a

deal, which sounds more likely if you read between the lines of what their defense lawyers are saying. we have to look at the evidence, see what the discovery is and we'll decide what the best route to go. teresa's own quote of we want to resolve this as quickly as possible, doing this as long as i have, it kind of sounds like they're talking about working something out. but i also disagree that they're going to get a year on house arrest. the sentencing guidelines, you know, it doesn't appear that either of them have prior criminal convictions or if they do, i'm unaware. they go to the lesser of the sentencing guidelines but these are serious counts that they're charged with. you're going to have to -- their lawyers will be busy calculating the guidelines and seeing where they fall. the government, what normally happens in government cases in a plea, the government will say you can plea to couldn't the one and not the rest of the counts. but all of them come in at some level under what's known as relevant conduct. i do believe that they are exposing themselves to a

significant prison sentence, especially when they've never been to prison before, any ze sentence is significant. >> there are allegations of fake w-2s, fake pay stubs, documents, things that were filed, weren't filed that should have been filed. any chance she didn't know, and is that a defense? >> yes, it's a specific intent crime. if she didn't know, exactly, if she didn't know, exactly, particular document was fraudulent when she sign it, and that is a defense because of the significant crimes, but the charges will be reduced to a level where they're going to spend 0 minimum amount of time in jail, they'll get restitution, fines, taxes they have to pay, and that will satisfy the government in all likelihood. >> we have to leave it there. thank you both very much. >> thank you. >> hunting the deep blue sea for great white sharks. appearing right now. so scientist can understand their behavior. right here in the u.s. and

better protect them. we're live off the coast of massachusetts. ♪

this is a fox news alert. the state department reacting to a major mill carry tout verdict in the case of bradley manning, accused of leaking thousands of classified u.s. military documents to wikileaks. he was found guilty of at least five counts of espionage. he was acquitted on the most serious charge, aiding the enemy. there were other charges he was convictedded on as well. a state department spokesman referred reporters to the department of defense. that sentencing phase is due to begin tomorrow morning, but

apparently there will be all kinds of testimony and it could take several weeks. >> targeting great white sharks, setting sail off cape cod. researchers hope to tag a dozen of the creatures to unravel their secrets. mollie is in woods hole, massachusetts. >> a beautiful day to begin this expedition. the ship has already set sail out there. 126-foot research vessel we're alogue them to bring the great white sharks up on the deck. they don't know as much as they would like to know about these predators. there's incredible video of the type of action these experts see and what they're planning to see across the waters of cape canada over the course of the summer. they have until the end of august to complete he research, and they're aiming to actually capture, tag, and release, ten

to 20 sharks. so we had chance to speak with the expedition liter, and here's what he had to say. >> we're going to be working day in and day out to capture these sharks and but multiple attacks on them. so people will be able to tune in and see what wear doing every single day. >> that was actually greg, one of the foremost scientists here that has been on cape cod for many years. he is just part of the team that will be out, and if you want to track this research along with the expedition team, go to o search.org. they have a global shark tracker, the expedition team has tagged more than 30 sharks across the world, and if you go to the site, you can see where they are and where the new sharks they're tagging right here off of cape cod are as he science goes forward. >> fascinating project. thank you very much. we'll be right back. being sixteen, alex thinks he's invincible.

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thanks for watching today. "studio b" with shepard smith starts right now. >> shepard: thank you. the news begins anew on "studio b," and the verdict in the wikileaks trial. the judge ruled bradley did not knowingly aid the enemy when he leaked the thousands of u.s. documents, but is guilty on several lesser charges. we're following the disaster at a propane plant in florida. dozens of explosions. several hurt, and evacuations still in place. the latest on the investigation coming up live. plus, a pair of reality tv stars in court, accused of pocketing millions of dollars from lenders after submitting phony tax forms. and now we know one of them could even face deportation. it's all ahead, unless breaking news changes everything. >> shepard: first from fox at 3:00 in new york city, the u.s. soldier, bradley