ruling that the judge could make on the ruling of the terrorist attack. >> we got word from the fort hood military base that victim's family members may speak out to the media. this comes after the judge blocked key evidence and presented prosecutors saying they could not use key witnesses they wanted to and explain the motive behind the attack. major nidal hasan is a cowed of killing 13 and wounding 30 others in fort. >> good to see you. interesting turn of events today. one of the final steps of the prosecution and from the prosecution's side was to dwelve in major hasan radicalization

and the power point presentation he put together two years on the attacks that focused on suicide bombings and muslims fighting. the judge said it was to remote in time and may be interpreted in different ways. she ruled that the prosecuting attorneys could not introduce evidence of e-mail exchanges between hassan and a l- a la wki to avoid confusion between motive and defense of others. she rowelled that hassan could not use defense of other in the strategy. but the judge osborne allowed web searches to remain in. evidence that hasan looked for things on the internet as jihad. it is considered a blow to the family victims. but military analyst say that

the prosecution still has plenty to secure a conviction here. >> from the pure evidence stand point, the volume of fire is probative or tends to prove that this was not an uncalculated series of killings. it was planned. >> now with the judge's ruling, several witnesses will no longer take the stand. that means only a handful remains. and we are getting closer to the prosecution resting its case as we begin week three. next major hassan will call his two witnesses and the jury will get the case. if found guilty, he faces the death penalty and first time since the court martial began, we have word that some of the family members are interested in

speaking to the press in about an hour or so. we'll of course, be here and take the microphotocopy. >> we'll bring in and bring it to you live. >> for more on the case. reid rubenstein. the attorney for the victim's families, thank you for joining us today. what is your reaction? >> we are bewildered as you might imagine. motive would be a critical issue and particularly the terrorist communication's with the al-qaeda chieftan. we think they are tremendously important. we'll so. i guess that is all we can say. we are in the government's mercy and hope it turns out appropriately. >> and for the evident that was kept out, it was too far back in time. the court martial started closer

to the events of 2009, would that be legitimate or so. has the time delay helped the defendant? >> it certainly has helped in this case. the time delay has had a negative affect on the victims. we have waited for justice for nor on four years now. and we have been through many -- battle of the beard whether hassan would be the only soldier in the army and a army uniform. we lived through that and the government's work place violence classification. and so it is possible. the delay has hurt, there is no question. >> where do you come down on the a sergsz on on assertion that they have enough testimony to basically come up with a conviction even if what is

ruled today? >> we hope so and all of the evidence is probative to the case that the victims have against the government now. we don't understand why hassan was not charged with treason and aid to the enemy. we think that may have been a political determination and if he was properly charge it would be probative and would have come in. we are hopeful there will be a convection and prosecutor pross are working hard to secower the same and all we can do now is hope. >> is the decision appealable? >> certainly not by us. we are not parties to the case, that is to say the victims, but the prosecutors as i said, they have worked hard for a conviction, and we expect that they will do whatever they need

to do ethically and in accordance to do and secure the same. >> how are the victims and victim's families feel with the rule of the trial and the delay, what are their hope was a resolution? >> well, they are again as you can imagine frustrated and concerned. the process has been wrenching for them. in some respects, the way the government has acted it is more salt in the wounds. they are hopeful that there would be a conviction and we can get a round to the business of bringing justice for them. so much of what has happen are based on legal technicalities and things that have to happen in a certain way. how tough is it for you to go back and explain what has happen to them? >> we explained and we worked

with them. they are trusting in the system. they hope that and expect that the system will do right by them and the overwhelming evidence of hasan's guilt and pre-meditation will win out in the end. all they can do now is hope. >> the end goal is always justice we pray and hope that you get it. >> certainly and thank you very much. >> bad nows for former olympian oscar pistorias as the legal trial takes another turn. in a country where 75 percent of the violent crimes never get to trial, new questions of the biggest fears of the president's health care plan appearing to come thorough. the biggest clothing store chain is cutting every employee's hours. >> and remember this?

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>> developing in san diego this hour. city hall has opened this day but no sightings of the embattled mayor bob filner and work. he spent a week in rehab. after 16 women came forward of allegations of sexual harrassment and second week of personal time filner was back in office today. but protestors lined streets in a recall effort to get the signatures needed to get a recall on the ballots and the locks have been changed on the

mayor's office. stay tuned. any questions about the biggest fears of the president's health care plan appearing to be true. forever 21 announcing to cut the full- time employees and reclassify them as part-time. they have thee 55 stores nationwide. other companies talked about cutting hours as a way to avoid additional insurance costs. we have michelle >> good to see you today. >> you, too. >> if the reports of forever 21. they do the man on the street interviews and local news crews. people say it is upset but not blaming president obama or the health care law, they are mad at forever 21. >> this shows education and the

conservatives need to evafrjalize and connect the dots. forever 21 is a hugely popular clothing store and doesn't just cater to the young crowd but employs a lot of young people and they will be hard hit by this. the memo leaked was leaked by an anti- free market group. but what should happen, a lot of us on the right need to explain it is entirely logical and predictable that this would happen. top down government mandate that forces private companies like forever 21 to abide by the solution of health insurance. they will respond. what happen is, the man date requires a forcing of adopting all of the health care costs.

if you employ them for more than 30 hours and so they shaved the hours to just a fractions below 29.foif and now they are dropping, medical and dental and visions all sorts to offer because they are not going to be able to offer low cost clothing if they have to take on the added costs they department choose to have taken on themselves. >> the employees didn't single out the health care law for doing this. it is audited and staffing levels and payroll in conjunction with reviewing conducting the over all budget. >> and well, it says to me that the intimidation campaign of the white house worked ratherly effectively. from the minute that obama care was put in place, you have hss and kathleen sebelluis using the power of government to threaten

the company that dared to voice concern about the costs and consequences and impact it would be, not only on the way they operate the business but offer benefits to the full- time employees. we saw the restaurants and papa john's and all sorts of restaurants and olive garden for example and a number of companies in addition to caterpillar and verizon that have the a udasity and the connection to obama care and cutting full- time to part- time. and what did the government do? punish them and left wing campaigns that demonized them and called them greedy and accused thef of racism for acting rashly for the encentatives and regulatory burdens. of course, a company will deny

going to do with obama care. >> there is subway and regal entertainment group. at what point is there enough volume that the average person informed inside or outside of the beltway. cake or not about the beltway, they will draw their open conclusions. >> you had a lot of young people on twitter, and we noticed on twitchy, the hours and paychecks were cut back. they were starting to draw the conclusion of massive government. and what is happening in their own work place and pocketbooks. >> there is a huge push on the part of the republican party to defund obama care and in concert with that an educational campaign to help these young people see that there are dire

consequences to big government intrusions that don't do and don't promise and don't deliver when they say they are going to do. this is why the examples like forever 21 are teachable moments for effort while obama supporters especially with the young people. we report and they decide. michelle, thank you very much. take care. >> new details on why the white house is supporting a city fight to cope prayers as part of public meetings and a secret spilled in a divorce siting. and the new look into the death of princess diana. and the ruling that could kill the ruling of the 2009 shooting was a terror attack and not a case of work place violence. i go ahead of you? instead we had someone go ahead of him and win fiy thousand dollars.

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>> new sources of practicing your faith listen up. first amendment is releasing the first amendment survey. 36 percent of those surveyed were unable to identify a single right specified. not speech or religion or assem bleechlt 47 said freedom of speech is the most important. one percent freedom of the press. and others believe that the first amendment goes too far in the rights guaranteed. founders spinning wildly in their grade. >> it is fairly forward and that she has decided to enter the public fray so quickly.

she could do the foundation work and issue work and build the campaign and develop a message without being so far out in front of them. >> that was former obama press secretary robin gibes on how hillary clinton's unannounced campaign is a early thing. there is possibility for early controversy. we reported on the criticism of how the clindon administration is spending its money. a big part of the controversy could end up winding up coming from the former president himself. editor of power mri on fox nows.comlive. and folks don't want to miss if they want to know the e-mail. chris, you are a busy man. >> i cannot disagree with anything you said.

i am nototal agreement on that. >> fox first note that come out and people can sign up and get the news and just proves that you do not sleep 24 hours a day. and thank you for making it on america live. >> of course, i am very happy to be here. we are talking about my favorite politician to cover the big kogs and he bubba, bill clinton. it is time. and what do you do if you are hillary clinton and the greatest asset is the most liked american politician who also happens to have a penchant for having problems. he also has problems and says things that are difficult and his foundation does things that are problematic and they say they are setting it to right. in the longish campaign three years for the hillary clinton, that is a long time for bubba to

be on the national stage. >> he likes to be there and he likes people and the adjualation and being out there. the skating piece talking approximate how the clintons go out there, it raises questions and along with the good comes the very bad. if americans are worried about money there is no larger concern than the clintons where the rich people scratch the backs of other rich people. you mentioned the bank issue. the top fundraiser running for virginia tied to hillary clinton's brother. the green tech company. and maybe she is chlorring tup. >> news laundering and get it out there and you have that. i don't think she has much choice. the carlos danger and thee

though weiner stuff sort of shoved her and her campaign and mrs. carlos dangerer in the national discussion for a period of time. she has to deal with. that mccalla is trying to get through the virginia run. and the ties with the former first lady is difficult. hillary clinton is having success in restraining her husband and it is his birthday. and the way he celebrates in the post president so is having giant star- studded parties in his own honor. 65th in the hollywood bowl. you are a big deal, shannon but did you ever have a hollywood bowl? >> i lived in hollywood, florida and they have one there. you get the hats and whatever. speaking of birthday parties, he is scaling it back.

but look at one of the parties with the one and only lady gaga. ♪ lift your hands up for bill. ♪ and that's last year. >> this year you are saying not so much. and that is a different kind of pantsuits that we are normally accustomed to in clinton evens. and there is no star studdedentious vent. the pant soughts will be more modest and only thing i heard they will have free moon pies and we'll not see him hobnobbing with the glitterati and famous people. >> it is time to think about politics. go to fox first note and et on

the web every day. we'll see you there, chris, thank you. >> you bet. >> city of rich mopped, california getting national attention with the plan to seize homes of people with mortgage payments problem. great news if you are in trouble as a homeowner, but there could be a huge price impact for everyone else. and blade runner oscar pistorias back in court charged with the murder of his girlfriend. there is a new twist that could make him a free man. >> and the butler may have had a big weekend. but the cop trover -- controver >> we resolve to build an opportunity society in which all of us white and black and rich and old will go forward

together. arm in arm. again, let us remember though our heritage is one of blood lines from every corner of the earth. we are all americans, pledged to carry on this last best hope of man on earth. rrn geoff: i'm the kind of guy who doesn't like being sold to. the last thing i want is to feel like someone is giving me a sales pitch, especially when it comes to my investments. you want a broker you can trust.

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it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? it means you can't be turned down because of your health. you don't have to take a physical or answer any health questions. they don't care about your aches and pains. well, how do you know? did you speak to alex trebek? because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance that does not require any health questions or a medical exam. your rate of $9.95 a month per unit will never increase, and your coverage will never decrease --

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judge that may kill the one hope victims have that prove the 2009 shooting in fort hod was a terror attack and in the a case of work place violence. the judge blocked the prosecutor's evidence and e-mails between major hasan, the admitted gunman and the member of al-qaeda. we got word a short time ago that some of the victim family members may speak out to the media shortly. you are looking live where that would be. when it happens we'll hear from them. >> a new supreme court case in the fall could have a lasting affect on church and state. a small town is sued for having christian pray ares in town council meetings and the obama administration is going to bat for the town to keep the prayers. hello, james? >> good afternoon, from 1997 to

2008, according to the briefs filed. the monthly town meeting in new york began more or less like this. >> bring light and life to us and the people. and help us through our struggle amen. nthrough christ our lord amen. >> and in february, one jewish and the other an athlete sued the town saying it was exclusive and overtly christian and a violence of church and state. for many members of the audience. takenedance is not optional. police officers must attend to be sworn in office and attending meetings is a job requirement and any resident, the plaintiff said zebbinging a zoning variance must attend. the obama administration is

maintaining that faith- biassed employers like religious schools and charities must work to provide contraception to employees as part of the health care plans. >> in this case, they support the long history of the united states that recognize prayer and legislative assembly. they are upset that the government filed a brief in favor of the prayer and the nature of the brief itself. snrgs neither federal courts or legislative bodies wrote in the brief file are well suited to police the content of the pray are and the court disa approved of the government interferrance. they will hear from it in october or november, shannon. >> thank you very much. >> and so is the white house arguing for god in government and is that a good thing. julie is a fox news contributor

and new jersey frank lawsuiten burg. and frank is an assistant to george bush. welcome to you both. >> the town doesn't care in atheist and agnostics showed up to read. if they are going to let anybody do it why not? >> if you believe in separation of church and state there is no room for prayer of any kind. i don't care to jesus or allah or wicca n god. there should not be prayer in a public space because those of us who are believers should practice our beliefs in private and those who are not believers shouldn't be subject to beliefs of other people. if people are free to practice of religion, there should not be prayer in a public sprays. >> is that a separation of

church in the constitution? >> yes, it doesn't mean there is not an existence of religion. our country is founded on judio- christian and in god we trust is engraved on our money. you don't have to accept it but you have to be tolerant. and i applaud the bum pull administration for coming down on tollerance and acceptance and the town in new york said it doesn't have to be just christian prayer and invite other nondenomination and atheist to say what they want. but remember, president obama's inaugural they were started and ended with prayer. congress begins every morning with a prayer it is part of america fabric. you don't have to believe it but you need to be tolerant of it. >> the first amendment said no

establishment of religion and spraegsz of church and state is not in there. the same congressman approved the first amendment was the same congress that had chaplains that opened the sessions in prayer, so how does the town win this in the supreme court this time around. >> you have freedom of religion and establishment clause freedom from religion. and if you don't want to believe in a certain god, you are not forced to do that and as the plaintiff said people have no choice but to go to the town meetings. they are subject to listening. to >> what harm in listening? why should taxpayer dollars be wasted on something that the taxpayers. >> there is no taxpayer money wasted on a prayer. >> it is not the chaplains that are getting paid. >> and the zoning board and council people are paid by tax dollars to be preponderate. >> they are spent on this

regardless if the chaplain is paid or not. and taking up taxpayer time and money to listen to this. i don't think they should listen to it again. >> should we take god in trust off of the money. >> different case, that has been litigated as well. will those on the right and big advocates of religious freedom and rights, are they going to give the white house credit on this one? >> i just did. the president is doing the right thing. the establishment clause where we get the interpretation of the supreme court of the separation between church and state and there and valid and doesn't mean that government is to shun religion and we should rejoice in the fact that prayers are begin whether we are a believer or not. we'll see what the nine justices think. >> thank you so much. >> and the clock is ticking terror secretary kathleen

sebillous after 16 states demand to know if thousands of. federal employees are hired without background checks and then given acitosis the social security numbers. oscar pistorias's murder trial has a new twist. it is not clear if the blade runner will pay a price in a count row where 75 percent of the violent crimes ever go to trial. remember this? . the incredible media on meteor incident may have cause changes to the planet. we'll explain. we're ready to help you rediscover purpose and passion with programs like life reimined to inspire you and connect you, resources to help turn your goals and dreams

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>> remember that? that was the meteor this exploded over russia in february and leaving a thousand people

hurt. here it is again, watch close. (screaming) (banging) (sirens) >> and now researchers say that created a new layer of dust in the earth's strats on sphere. and it was larger than the bomb in hiro shimma. hundreds of tons of dust, yeah, they are up there in the atmosphere. and an eplosional day in the case of south african track star oscar pistorias indicted on what would have been her 30th birthday. pistorias is holding hands with his brother and sister who appear to be pray negligent indictment. he mistook riffs steenka mp for

an intruder. there are questions of how the case could go. we'll talk about it with les we'll. and fox news analyst. and defense attorney. good to so you both. >> people should know it is a judge to hear the case. >> a single judge and no jurors and that raises interesting points. jurors can be affected and a judge running the show it is different. pistorias, had accidentally fired a gun once prior. and hold on to. >> and fired a gun restaurant -- fired a gun in a restaurant again. >> you take the emotion out of the trial. one of the neighbors is going to testify he heard one shot and

a woman screaming and another shot after. that and don't forget, she was in a looked bathroom on her side. that is really, really compelling testimony. >> i will give her time, too. >> there is a little bit to work with here again that would be better with a jury but the police compromised the scene and misjudged how far the witness was in feet. >> it is all pre-meditation. no question he shot and killed her. was it pre-mediated. if it was 25 years to life and no death sentence in africa. did he put on his legs and walk over and then fire the shots and that is going to be expert ballistic. >> and there is a lot of questions of the angle and hiding in the room. >> and if he had tock time to

put on his legs. >> the defendant was categorized as a hot head and it was an accident to handle it. >> and pre-meditation. >> he did it perfect. but he consciously put the legs on and it shoes pre-meditation. >> pre-meditation doesn't mean you lot and plan. you can pre-mediate in a minute. >> facts of law. it can be formed in an instant. >> no. no. no. i don't want to go back. >> pre-med tagdz can be formed in a instant. >> and something for people to know here. the stats and crime first happen, alleged crime happen, very surprising there is not a lot of convictions with the south africa last numbers available that are out of date, but still they show in out come

of rape and murder. only 75 percent of them are found guilty. >> or they get to trial. he was indicted and he is be having a trial in march. your point they don't get to trial. >> and probably, under their system and again we are not south africa criminal experts. but many are resolved with a guilty plea and those in trial are difficult cases and u.s. cowers in federal court, the conviction rate is 93 percent. >> it is. >> yeah. because once they go to trial in these cases in south africa. only murder convictions 15.7 percent. >> he has a chance. i mean, look. the way you simplify this is did he reasonably believe that there was an intruder in the

restaurant? >> how dow disprove it? >> he was supposedly in bed with her. and doesn't notice. he fires and she screams from a looked bathroom where she's in thebathroom? no, given the first shot, when he hears her screaming. >> conviction rates are houchlt how much will his public profile play with this and the court doesn't want to let him off because he is a star. >> it worth both ways. a celebrity is treated harshly. and you get a notch on the belt. but the minute they are treated leniently. the system rolled over etseta. >> and only for you would i go back to law school. >> the nightmares. they never leave you. >> no, they don't. >> staef richmond, california

getting national attention to take away and seize homes of people in trouble on the mortgage payments and let those folks live there for a lot less. we could show you why there is a price including the responsibility homeowners. >> it will be 16 years since the world lost princess diana in a tragic accident. and hollywood is a cowed of rewriting history with a budget blockbuster and we'll talk about whether the movie is taking cheap shots at the former president just a head. >> i would like to invite you to the state dinner. as a butler? >> no, ceciowa l as a guest. >> but the president prefers for me to serve him personally. >> don't you worry about ronnie, i will take care of that.

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>> developing out of london now, scotland yard looking into new evidence that princess diana's death may not have been an accident. the car crashed in a pillar in 1997. cross negligence by her driver was to gross negligence by her driver was to blame. the case has remained close for years. is this new evidence just opening old wounds. david kaplan, a journalist tracking this case. hello, david. >> hello. >> there is interesting ways in which these allegations came to light. >> almost in a very sorted way. essentially what happened is, and you have to follow me on

this, former in laws of a british sniper wrote a letter to the british military, ministry of defense, and london police saying their former son-in-law, who clearly there is a bad relationship, that boasted to his former wife that he was involved with the murd enand arranging of princess diana and dodi al fayed. they wrote a letter to the ministry of defense saying this is what happened. this came to light a couple years aago. now we are hearing there was a whole conspiracy theory about it. but the ministry of defense is saying this is not a reinvestigation and this is for the london police to look into. they don't want all of these conspiracy theorys to come out. but dodi al fayed's dad has been fond of these conspiracy theories. he says, let's take a look at this. >> scotland yard says we are not formally reopening anything. we are aware of the evidence and

there are authorities looking into it. but there would be a lot of people involved, if this were true, not just this guy. if he bragged to the ex-wife then he probably talked to other people as well. >> that's interesting. this is a seven-page written letter, these former in lawes. these are clearly in laws you don't wanton your side or you don't want to divorce their daughter. even though it is suspect that this came out, sometimes this is how these big things come out. and all you need is one person to tell a random person, it could be your hair dresser. someone who works on the street. >> that's who i tell everything. so it is not safe. >> so we need to talk to them to get the gossip about you. >> yeah, he knows all. >> maybe he did open his mouth. and the right person is coming forward with the information. but i feel every time we have these conspiracy theories, the british government puts cold water on it. >> they do.

though there are some looking into it. there will be those, who no matter what, they will never be satisfied with any official explanation, including mr. al fayed. >> he is very fovocal that he never believed it was the driver. it is easy to blame a drunk driver or paparazzi. >> we will see where it goes. up next, clock is ticking after 16 states demand to know if thousands of new federal employees are hired without back ground checks. because they will probably have access to your tax and health records. and some reagan fans are upset about how he is being portrayed in a new film. st of a. that moment you enjoy it at home. stouffer's. made with care for you or your family.

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your privacy and roll-out of obama care tp it is the brand new hour of h america live. 13 state attorneys general are giving secretaricy villas ten days to answer tough questions about the so-called naf kbators. these are the folks that will get out there and they will review personal information on tens of millions of americans enrolling in a healthcare program. how to navigate it. not clear how many of these navigators there will be but it is expected to be in the range of tens of thousands. these attorneys general are concerned. the lack of hiring back ground checks and other safeguards open up. west virginia's republican

attorney general patrick moorecy joins us live. thank you for your time today. >> hey, it's great to be on the pro kbrm today. >> tell us what your basic concerns are there b these navigators. what are they and what kind of access will they have? in the basic concern is that a number of us across the country believe that these navigators, which are individuals designed to help people enroll in the new health insurance exchanges. that they are inadequately train ped. that they don't have appropriate standard to ensure consumer privacy is protected and there is a minimal amount of time to make sure this gets done right. what happened is 13 attorneys generals got together and said it is time we got answers from the obama administration about ways to improve privacy protection in our country. the truth is that you if you look at the obama care implementation, we're three and

a half years in and now these navigators are going to be expected to comply within 32 days to train literally thousands and thousands of p em with really vague standard. i think that puts consumer privacy at risk and that's a big problem for this implementation. >> why the rush? we did know about the healthcare law and exchanges and time lines, right? >> well, i think we did. but this is one step of many where the administration failed to implement the law on a timely basis. we saw it just recently with respect to the timing mandate. we saw it with respect to the application of caps on catastrophic payments for consumers. they delayed that until 2015. and now we see it with respect to the navigator program. what the administration has done with respect to navigator is they've cut back on training requirements for these individuals from 30 to about 20 hours. and they haven't given them an

at kwat amount of standard. what that tells me is we are going to be vulnerable to massive instances of identity theft across the country. these navigators will have access to some of the most pefrnl and sensitive information that consumers have. that means we have to step up and ensure more rigorous standards. if we can't doo it by october 1st, we should delay the law. >> my understanding is they will have access to social security numbers, health information, who is held liable if these navigators do somehow breach this confidentiality. if this information is stolen? who is watching these people? >> right. well, that's one of the problems. we're not sure that anyone is truly watch is these people. but the navigators are held to

different standards that used to help people enroll in health insurance in the past. they were held libel when they would make mistakes. they had continuing education standards. there's no such thing in place for those navigators. it is unclear who is left holding the bag. and the fact is that a lot of these individuals are expected to get their act together within such a short period of time as opposed to the insurance agents and brokers who have been doing this for years and years. we are concerned that a lot of the basic questions you're asking aren't known yet. that's unacceptable when we are 32 days out. they've had three and what half years and they haven't been able to do it yet. >> you asked the secretary so respond by august 28. what happens if she doesn't? >> right. we know that secretary sebelius has a lot she is focussing on.

when they reach out to you and ask questions about consumer protection that we receive a response. so i'm hopeful that the secretary will respond because then it allows all of us in the states to reach out and do more to help protect identity theft. identity theft is a growing concern in west virginia and across the country. we have heard some statistic about 5% of the population is subject to identity theft. we also know that federal trade commission a couple months ago indicated that over 1100 people filed complaints that somehow people were selling them an obama care card. all of these types of issues will be more prominent under the navigator program. we are hopeful that secretary sebelius recognize essence tist and importance of this threat to consumer privacy and takes meaningful steps to address it. >> all right. if you get a response, please

let us know. we would like to share that. thank you. a little bit more on the healthcare navigators who will have so much of your personal information at their fingertips. they're going to be involved in 34 exchanges. these states will get grants it hire those navigators. and the clock is ticking to get thplace. the exchanges will supposed to be open in just 42 calendar days. the death toll in egypt is growing. islamic militant killing at least 25 policemen execution style. meanwhile, spread of attacks on christians. as the arab world's most populous nation spreads into chaos. >> at least opt street of cairo,

maybe organized chaos as the army is starting to win the battle on the streets. also for the hearts and minds of egyptians overnight another round of mass arrests both car few violators who violated marshall law and also continuing to round up muslim brother hood leadership they are trying to not only quell the political protests but also stop the attacks that we saw out of the sinai peninsula. one of the jihadist groups was responsible for the execution style of 25 policemen. they call it revenge attack. things like this are not helping the muslim brotherhood attacks. the population in egypt has been shocked by the brotherhood ak tickes. look at this video from the weekend. up shooting down into the crowd and also out at the army itself

when the security and army stormed that mosque. took them about two or three hours to clear out with tear gas. eventually when they did, the crowd was cheering for them as they walked the muslim brotherhood out. today there was a little bit after curveball. the former president and strong man's lawyer says the man who was president for more than three decades and for about two years now has been in prison since the revolution, may get out in a couple of days. that's his lawyer talking. it seems unlikely they would waste political capital right now on letting him out when they could do it sometime in coming months or years as things are still very, very, very delicate there inside egypt. the lull in violence we are seeing right now, probably not the end of it but a chance to step back from the brink of sill war. >> i have to ask you about christians. we are hearing of churches

torched and of them being killed. >> it's been terrible for them. police stations are attacked in the same way they have attacked churches. they view them as sympathizers as armies, so they are fair game. christian schools have been burn ped. we heard charges of a couple of nuns being taken prisoner. this is happening in cairo and all over the region. some say because of the muslim brotherhood attacks op police stations that the police are afraid to come out and protect christians christians. it's gotten so bad, there is a youtube video asking for support who has taken over from the muslim brotherhood. asking for everyone's support here to get behind the army, going forward to see if things can't get bet are for christians. the army is promising to help christians with all of the churches that have been burned.

>> thank you very much for the update. yet another bomb shell out of egypt today. former president hoe any mubarak could be released from jail this week. he is facing retrial for killing of hundreds of protesters during the 2011 uprising that led to his ousting. john bolton weighs in on this and the very latest from the break down in the middle east. that is just ahead. firefighters are in a race against time and nature as they try to save hundreds of beautiful homes threatened by a massive wildfire in idaho. beaver creek fire was virtually unchecked for 12 days. summer pads belonging to the likes of tom hanks and arnold schwarzenegger.

>> residents from about 100 homes received welcome news in that they are allowed to return home to their neighborhoods. however 2,000 houses still remain under that evacuation order. beaver creek fire with just 8% under containment. county officials say they are watching fire activity by the hour in case we have to get folks out again. the area of destruction is massive. as many as 1400 businesses in the way and while containment is not where they would like it to be, the cloud cover, lower winds and additional firefighters crews are what they are counting on to at least hold the lines. firefighters say there is a strain on resources right now because this is not the only fire burning in this state or country for that matter. national guard is doing what it can in idaho to assist. >> love it. gives you a feeling of purpose and drive. you have wingmen you want to help out and your country you want it help out and your state

you want to help out. >> that's why i joined the national guard, to be able to help people in times of need. this gives me that opportunity. >> and california, a car fire got a brushfire going off the 101 freeway. it moved quickly and ate up around 170 acres. homes in the area had to be evacuated. shannon it is at 50% containment. however this is one of ten fires currently burning in california alone. there is a tremendous strain on resources in this half of the country. >> thank you very much. >> city of richmond, california, getting national attention with a plan it simply cease homes for people in trouble with their mortgage payments and let them live there for a whole lot less. great news if you are a homeowner in trouble but we will show you why there could be a big price for everyone else in this equation.

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plus, drivers who switched saved an average of $498 a year. just a few more ways allstate is changing car insurance for good. [ female announcer ] call an allstate agent and get a quote now. a fox news alert out of montana where the air force has just confirmed that a bomber jet carrying at least four crew members has crashed. the south dakota based crew was apparently able to eject from their b-1 b bomber. it is unclear what they were doing that might have caused that crash. more information is available as soon as we get it. a twist in the foreclosure crisis. richmond, california wants it seize homes less than their current mortgage, use imminent domain then refinance homes for less than current value.

all right, someone has to pay it off in there somewhere. it is the growing sign of imminent domain. you will remember suzette kilo after connecticut used imminent domain to use they're home and transfer property it a private developer. she and other homeowners lost their homes when a judge ordered the property would be given to use for government use. >> the city will force someone i guess to refinance at a lower level but there is money that disappears somewhere. where does that debt go? who is paying for this? >> when you look at the concept of imminent domain, i was excited to talk about it today, because this is an emotionally

charged suggest and we should all be terrified here. the government will seize the property, then have somebody else refinance them and pay the original mortgage holder something. here is the challenge. if this happens in richmond, you tell me which major lender will want to lend there again. this is a short-sided misguided solution it a problem already working itself out. >> what happens to people who are responsible homeowners? sounds like they won't have any even if they have been current. . >> if you have kept your mortgage current even if you are upside down, the guy next door owes less than you do and pays less per month than you do. if you want to move a year from now but you've had 624 property in your area seized by imminent

domain and a lender won't lend there, you can't sell your home there. as an investors and homeowner myself i think this is one of the craziest ideas. distressed properties are working their way through already. going through realtors and short sales and foreclosures. but this is a different strategy that is unproven and dangerous. >> 40% of homes are under water. they are pushing for this. financial institutions are suing to stop it. saying it is unconstitutional. they want no part of this. would this start happening in other cities? what kind of precedent does it set? >> shannon, i think that's the most important thing. i think this is presented in some places like a robin hood type he is nair why. where we are taking mortgages from big banks and letting people stay in their homes. here is the challenge. this is an robin hood scenario. with are effecting financial

institutions who just recently loosened purse strings on mortga mortgages we could see a scenario where the cost of mortgage will go up. you might need imminent domain insurance on your mortgages. this is what happens when politicians who do not understand homeownership or how property is transferred from one person to another came up with a hair brain scheme to shovel a short term problem with a very long-term effective solution. >> i still want to know where the money gez. where does it debt go that gets written off? do financial institutions have to eat that, then they raise rates with echb else. meaning those who are up-to-date on their mortgage. is the government going to weigh? >> no, no, no. it is worse than that. if you are a mortgage holder on one of those properties where somebody can't afford the property, the city will seize the mortgage and pay you what

they determine fair market value is. if you have a $400,000 mortgage and they determine fair mark is the 180,000, you get that lower amount and then they sell that mortgage to another investor who will sell it back to the property owner. we are talking about people who already can't afford their properties. you tell me, do you want anyone in government valuing a mortgage you hold for how much you should get paid? i'm an investor. i own dozens of properties here in austin. imminent domain should terrify all of us. >> you have explained it well. thank you so much. >> thank you for having me, shannon. >> crack down on guns, surprise, surprise, raising second amendment in one state. we will tell you about other changes in store. plus, deposed former egyptian president jose mubarak could go home a free man. just how bad is the chaos in egypt getting?

and will it get worse? john bolton joins with us his take. ♪ turn around

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now developments in the wake of the deadly crash of the aseana airline crash. after a surface from battalion chief reporting showing a survivor run over by a fire truck. the chief says when is concerned about the privacy of victims and firefighters. the victim a school girl alive before the accident but cuffed in fire retardant foam. two other passengers died in the july 6 crash. 180 injured. ntsb is examining the recording.

new second amendment questions for gun owners in illinois. governor pat quinn signing a law for tougher lawes. expanding background checks closing a hoop hole for private gun sales. hey, mike. >> hey, shannon. the new law puts it on gun owners. first a requirement that gun owners notify police within 72 hours if a gun is lost or stolen. a requirement that an individual, contacting state police and do a background check on a potential gun pier. however this does nothing to prevent guns from going over state lines. that's why he is using this as test case for trail blazer for new federal restrictions. >> it is important we have a

federal standard ultimately but you've got to start somewhere. that's why our state passed this law regarding lost aeb stolen. >> city cops seize more weapons than any in the nation averaging 136 guns per week. still a violent weekend in chicago. five people shot and killed on the west side. a 7-year-old boy hit by a stray bullet as he was putting a bike up on the family porch. >> thank you. the butler may have been a big hit at the box office this weekend while critics are arguing it took a nasty and inaccurate shot at president reagan. looking at facts and how they were edited just ahead. plus, breaking news from the white house on the crisis in egypt. we will have that for you. >> but the question you're asking is, what impact would changing our posture toward providing assistance to egyptian would have on the situation. and i can tell you that that is

something that we're evaluating on an ongoing basis. ( bell rings ) they remind me so much of my grandkids.

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go call now! we'll finish up here. this is fox news alert out of cairo egypt where we are seeing the bodies return of 25 fallen police officers. meanwhile that scene plays o ut live in cairo as the white house

briefing gets wrapped up. with today's hottishi issue, we white house correspondent ed henry is live with the latest. hello, ed. >> good to see you, shannon. jay carney's deputy filling in today. the president just came back from martha's vineyard. eight-day vacation confronted with the major issues. the bottom line is defense secretary chuck hagel moments ago saying the u.s. may have very little influence and it is up to the egyptian people. though you have heard many lawmakers say that the u.s. does have influence and it is time to cut off u.s. aid to egypt. over a billion dollars in u.s. aid per year. josh earnest a few moments ago saying the president hasn't yet

made up hs his mind. take a listen. i can tell you that that is something that we're evaluating on an ongoing basis. that the purpose of these reviews is to determine what impact it would have on our national security. is it going to get us closer to seeing the outcome in egypt we would like to see which is the prompt return to democratically elected civilian elected -- >> including senator lindsay graham who just came back with senator john mccain from the white house. so for him to say it is time to cut off aid, that is very important top listen to what he said. >> we will suspend our aid because we can't support the reaction of the military.

even though the brotherhood started this, we can't support what the military is doing in response. >> republican from tennessee says even if the u.s. cuts off aid it might not have that much impact because the saudi and other gulf states have put up far more aid than the u.s. even if we cut it off, it may not have much impact. >> think you, ed. joining us now, am ambassador, i want to ask you mubarak may be getting out of jail this week. >> looks as though egyptian judges have decided that still more charges that have been brought against mubarak need to be dismissed. i think there is only one corrupt charge left. no surprise really. this is a perfect example of what goes around comes around.

mubarak may be getting out of jail. looks like before he game president under anwar, i think most think mubarak was badly mistreated so this comes as no surprise. >> if he is indeed released as we expected, in a relatively short timeframe, i wanted to ask you how it will impact morale. >> i think the impact of releasing mubarak will be minimal. they are right now engaged in combat between the army and the muslim brotherhood and this is, as i say, an act of political symbolism. i don't think it will effect what happens in the street, which is where this will be decided. >> i want to ask you about news we are getting about christians

in egypt and critics saying as long as the u.s. continues to send aid to egypt, not only civilians are hurt but christians targeted by the muslim brotherhood. their church is being torched, they are getting killed. is that getting enough attention in your opinion. >> no. they have been a target for the muslim brotherhood for quite some time. there is an estimated 100,000 that fled the country. that number is a year and a half old. i have little doubt that number is greater than that now. these people are leaving their historic homeland because they fear what with happen if the brotherhood regained control. this is not abstract speculation about what the muslim brotherhood would do. i think the situation is very serious and i think that's one reason they uniformly back the military's crack down. they fear what life would be like under a protracted muslim

brotherhood rule and they don't want to see that happen. >> this is all about trying to find agreement among the different factions. some say it is not possible. if you keep the muslim brotherhood, they won't allow for the existence of people like koptic christians. is there a role they can play if a society that would tolerate all kind of people? >> i think that's up to the muslim brotherhood. i think it is a big mistake to treat the brother hood like a normal political party. these are not democrats or republicans slightly extended in their political viewes. they are as mr. justice robert jackson once called the communist party in this country, a state within a state. the brotherhood is thoert tar grab among its own membership. that has aspirations for egypt. and even if you could show the brotherhood had two third of support, if you felt your

liberties were at stake, you would fight too. that's a good reason why many egyptianes have been in the streets complaining about the brotherhood and why the military has so much support for crack down. it is further reason frankly why i wouldn't cut off aid to the egyptian military at a point like this. >> what do you make of this growing calls? key players and people like john mccain, gop senator who said let's keep the aid flowing, he doesn't think it is a great idea. >> i think it is a mistake to cut the aid off. point one, this is the last visible piece of evidence of american support for the camp david agreement. and if we cut off this aid to the military, i don't think we should be surprised if later we come back and tell them how important camp david is if they just stair at us. number two, it does provide continuing leverage and if we give it up, others will seek to fill our place, including moscow. so there's a lot at stakes here. this is not the point in time

where we say we will cut off this assistance we have been provide willing for 30 plus years. >> the relative calm today, do you think it last? >> i don't think so. i this i this is irreconcilableable conflict between two different visions of egypt than the future. i don't think the brotherhood will ever accept a government they don't control. the military has been through this before after the assassination of anwar by the brotherhood for negotiating camp david. i think this could go on for quite sometime. >> ambassador, thank you for your time. >> thank you, shannon. >> all right, some reagan biographers are very upset about how the president is portrayed in the new movie "the butler." do they take a cheap shot? we'll record, and then you can decide. thatd next. some y some say they take a

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was supposed to address behavior al issues -- anyway, more about that. as we learn more, we will bring it to you. >> no, not a as butler, cecil, i'm inviting you as a guest. >> the president prefers for me to serve in person? >> don't you worry about ronnie. i'll take care of that. >> criticism of movie, the butler, after it topped the box office this weekend. but raised questions about one of the film's attempts to rewrite history were fair. the controversy is over the portrayalal of president reagan, particularly in a scene where the president refuses to economically punish south africa. the movie offers no explanation. critics say the representation is by no means fair or accurate. one saying filmmakers worked in

ideal logically fiction. president of shirley and banist banister public affairs, good to see you. >> hi, shannon. how are you? >> give us an explanation for that debate and i haven't seen the movie, but is it accurate? >> i've seen the movie, and it is accurate to the extent that reagan opposed sachkss. not accurate to the extent of why he opposed the sanctions. everything has to be judged in the context of the cold war. the only strongly anti-communist nation was south africa but they also has apartheid. the sanctions would have hurt, according what reagan's briefings, would have hurt the least afliaaffluent, the blacks

there. the zulu tribe was vehemently opposed to the sanctions. the chief told president reagan and members of congress, don't impose sanctions on south africa because they are not going to work. and when mandela came to power, one of the first things he asked for is for sanctions to be lifted because they were hurting the economy of south africa. it is a very complex ush u and they present it in a very simplistic fashion. >> even when challenged decade ago, saying when he was governor in california, he appointed more african-americans to positions than all of the previous governors combined. those closest to him say he did have a good record on that front. but there were also things in the movimovie, the butler there inviting him to a state dinner, that apparently in the movie, it

is made to feel as if he is there to show the there is diversity. that reagans cared about that. but maybe they didn't. but there was nothing about the writings there, and the only comment i saw is that he was excited that he saw champagne that night. >> i saw the movie and you're right. in he says to himself that he felt out of plait plaplace at td that things went down hill after the dinner. we've historical fiction in this time since washington irving. when you take a complex issue like south africa and rate it somehow racist, it is unfair to subject matter and subject of of that portrayal. there are other things that aren't quite right, like giving

the butler cash to mail to people. there is no evidence of that. reagan would write checks during the early 80s, but they would go to the secretary to mail to people. in that scene with mrs. reagan talk together put letter, right before that, she is seen in the movie talking to an aide and sounds like she is planning a summit in moscow. like she is somehow part of foreign aid and that is ridiculous. when there are politics involved, a a lot of times there is creative license here. it is base owned a story. not factual. but the people that don't see them don't always get that disclosur disclosure. they think it f it is on the screen, it has been vetted and it is factual. >> the screen play or tell play was written for "game change."

which people thought was grossly unfir for sarah palin and also for "recount" which people thought was retelling of the history of the florida recount in a way that made bush forces bad and devious aeb gore forces saintly and good and that is isn't really what happened in florida or with sarah palin. you do have to go to motive when it comes to hollywood and movies. >> as more and more people increasingly get their information from entertainment sources, you have to peak behind and see that. thank you very much. always good to see you. >> thank, shannon. >> this is fox news alert out of montana. update on the air force crash. they have confirmed a bomber jet carrying four crew members did indeed go down. two weapons officers were able to successfully eject from the bomber in a remote area. we are told they have initially been assessed as having minor

injuries. the crew was on a training mission. more information as soon as we get get upping close and personal with the problems long america's southern border, and while we're just days away from a house vote on immigration reform and border security, didn't take long for them to get a spot of a serious reminder how serious this problem really is. and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection.

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a tennis referee who was arrested for her husband's murder is now suing the los angeles police department and other agencies, claiming the wrongful arrest destroyed her rep tuition. lois goodman was arrested in new york days before she was supposed to referee in the u.s. open. police alleged she killed her husband with a coffee mug. charges were dropped several

months later after she passed the polygraph test and dna tests showed she had not touched the mug. she continues to suffer humiliation ask says her husband died from an accidental fall. the battle over immigration reform prompting members of congress to take a tour of the border,, to get a grasp on the differences between the competing senate and house proposals. >> this bill has a good shot of passing. it's a bipartisan sponsored by republicans and democrats. secondly, unlike the senate bill it defines border security, setting a firm measurement of operational control key for getting g.o.p. support. >> from a helicopter high above the border to a patrol boat along the rio grande. >> just understand it's a -- what the problem really is. >> mike mccall led a tour of the u.s., mexico border to help

colleagues understand the challenges. >> surprised how close the shores are to each other and how shallow the water is and how easily someone can get across the border. >> we need to look at the boredder in a national way. we have a plan. >> the plan differs dramatically from the obama administration's policy which largely prohibits local police from helping enforce the border. but he encourages it. >> not just erecting a fence and calling it a day. >> this bill focuses on border security and does not provide a pathway to citizenship. >> placing border security before immigration reform is a political tactic. it is a way of saying, we're going to present this nearly impossible goal so that we can negotiate and bargain for things we want. reporter: many border agents support mccal's bill which requires a 90% apprehension success rate, though some consider that unrealistic.

>> when we talk to the agents out there day in and day out, that's not what they're seeing. they're not seeing things under control. so, it would be a real slap in the face to them to grant status to people who have broken the law. >> problem on the border is as soon as you crack down in one area, the illegal traffic moves to another, and a right now that's east texas. this allows house lawmakers to tack ago aspects of comprehensive immigration reform with the goal of compromising with he senate. that's why so many people call this a gateway bill. we'll probably see a vote sometime in september, maybe october. >> we are standing by. thank you very much. olympic blade runner, oscar pistorius breaking down in court, now formally charged in the shooting death of his girlfriend on valentine's day. the latest on the murder case making headlines all around the world. next. hey kevin...still eating chalk for heartburn?

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workers, tens of thousands, that will help you navigate obama care, have all your personal information but not have to actually undergo a background check. what could possibly go wrong? i'm in forking me again kelly, "studio b" starts now. >> shepard: the news begins anew on "studio b." now it's official, prosecutors indo ited the blade runner, oscar pistorius, for murdering his magazine model girlfriend. context and perspective on his possible future in and out of prison. plus, british police say they're considering new evidence in the death of princess diana. we'll report on the latest claims of a conspiracy on the part of the government. we'll speak live to this 12-year-old girl, who says a black bear mauled her not once but twice. nearly killed her. all while she was on her usual jog. it's all ahead unless breaking news changes everything on "studio b." first from fox at 3:00 in