red cross, salvation army and other charities. until next week, thanks for joining us on this fifth anniversary. we hope we'll see you every week and until next time this is mike huckabee from new york, good night and god bless. this is the fox news alert. islamic gunmen are holding an unknown number of hostages at an upscale mall in nairobi, kenya. at least 39 killed. hundreds injured. the u.s. state department confirming that americans are among the injured. we'll have much more on this breaking news in just a moment. but first -- who celebrating the anniversary of a financial crisis? the fiscal collapse of an economy. i don't know about you, but when i was a kid, we celebrated christmas, thanksgiving and an occasional president's birthday. well, actually, only the ones that got us off from school. hello and welcome to "justice."

i'm judge jeanine pirro. thank you for be ugh with tonight. this week, president obama chose to celebrate the fifth anniversary of the near collapse of wall street with a backdrop of women dressed appropriately in black. who does that? should we now celebrate the 84th anniversary of the stock market crash in 1929? mr. president, just blocks away in your naval yard people working for you agained down, bleeding and dying, bodies still in the building. suspect still being pursued. schools and day care centers on lockdown. your city, washington, shaken to its core. you don't even recognize the enormity of this tragedy. instead, you go on a political tirade. even the senate had enough dignity to cancel business. the washington nationals baseball had enough respect to

postpone their game. but hey, you did give those victims a momentary recognition. >> before i begin, let me say a few words about the tragedy that's unfolding not far away from here at the washington navy yard. >> as if enough about the dead, on with the living. back to political warfare and class divisiveness. and if there's anyone out there who is still wondering whether the president of the united states stayed up one minute past his usual bedtime while two real e heroes waited for reinforcement on a roof in benghazi then a beach house to sell you in idaho. i have never seen the country like this. the divisiveness, the class warfare. this is insanity. everything's a mess. your domestic policy, your foreign policy. now, when you were elected, mr.

president, we were hopeful you would bring our nation together. you promised change and about the economy -- >> if i don't have this done in three years, then there's going to be a one-term proposition. >> but hey, not to worry. you've got your cheerleaders out there spinning and twirling their batons. like this one. >> he's brilliant. he has a vision for our country. he's brilliant. his knowledge of the issues and judgment about what the right path would be. respectful of other people's views. >> brilliant? seriously? nancy, put your hands down. if he's so brilliant, why are we struggling to keep our homes, pay our rent, put food on the table while our incomes keep dropping? if he's so brilliant, why is the poverty rate gone up? why are middle class salaries stagnant? why did people stop looking for

work? why are we paying more taxes than ever in the history of this country? while the deficit has never been higher. why? because this is the most incompetent administration in american history. mr. president, with all due respect, you bozos start by sending free machine guns illegally purchased to the drug cartels in mexico which guns are then used to kill us and mexican civilians. and then, you use the irs to target your political enemies and then reward them with $70 million in bonuses after they waste millions of our dollars on play acting and porn in hotels for which, by the way, they have no no receipts and which would be enough to land any of us in jail. don't think that i'm not a little worried about the irs and being targeted as your political enemy. and that nsa. you know, the one that doesn't

even collect phone records, monitored by the fisa court. they're even hiding information from the fisa court itself. and your independent accountability review board on ben za ga zi? i'm renaming it the unaccountability review board. since when does an investigator give a heads up to the other side not transcribe the testimony and release a draft report to the accused so that maybe they can change it before it becomes public? and your security clearances, you hand them out like those free cell phones before the election. edward snowden. this guy gets fired by the cia. he keeps his security clearance. and then goes on to sell our secrets to the chinese and your savior russia hides him. the navy yard shooter. he keeps his clearance.

that whack job arrested twice for minor shooting incidents as if any shooting incident is minor. the police even contacts the navy to tell them we's dangerous. and your navy says, they didn't know. you didn't know? nancy said you were brilliant. how could you not know? you've been diterring for the past five years. last week, it was syria. we're in. we're out. we're in. we're out. well, maybe. kind of. i don't know. >> my answer, i'm not -- do i play like i'm interested but i think she might be interested and now she's not interested and then all of a sudden i'm starting to get interested and then while we want the know if we're going to get hopped enough to make a bad decision. >> talk about bad decision. your signature legislature accomplishment, obama care, 60% of the american people don't want it.

they can't afford it. small businesses, they can't handle it. but you pride yourself on its passage. >> so to say it as plainly as i can, health care is the single most important thing we can do for america's long term fiscal health. that is a fact. that's a fact. >> but even the unions who trumpeted it want out. >> if the affordable care act is not fixed, and it destroys the health and welfare funds that we have all fought for and stand for, then i believe it needs to be repealed. >> and you lied, outright lied when you said this. >> under the reform we're proposing, if you like your doctor, you can keep your doctor. >> now, i know you have a problem with the facts, but maybe -- >> he's not here.

failure to communicate. >> what's that? you didn't lie? well, then who's the idiot who told you to say that? he's been fired, right? not fired? reassigned. on desk duty. still getting a paycheck. you think he'll take the fifth? and only because i'm a gun owner your hometown of chicago, two nights ago 13 gunned down. last night, ten gunned down. and you think banning guns makes people safer? if you're so brilliant, send in the fbi. homeland security. send the marines. send yosemite sam. send anyone you have to to stop it. as if things aren't bad enough, you're gearing up for a showdown because the house assigned with the task of appropriations says we will fund 99% of the budget but we're not going to fund

obama care. because of the negative impact on the economy. and you're ready for war saying your political opponents want to shut down the government. you've even started the phone banks. wait a minute. the bill the house passed yesterday allows for payments and prevents the government shutdown and the full faith and credit act allows the treasury department to pay our creditors and avoid default. you know, there's an old african proverb. when elephants fight it's the grass that suffers. when elephants fight, the grass suffers. brilliant. if you're so brilliant, stop stoking the fires against your political opponents and launching into one of your political tirades. mr. president, stop fighting. start leading. and start protecting the grass.

coming up, congressman daryl issa on the looming government shutdown and if we'll ever get answers on the benghazi attack. senator rand paul on president obama and how then his administration will affect his ability to lead. vote in instant's insta poll. are you better off than you were five years ago? facebook or tweet me and we'll read your answers later in the show. [ male announcer ] when it comes to doing what you love, more is better. that's why we designed the all-new nissan versa note, with more technology, to get you into, and out of, tight spots. and more space so that you always have your favite stuff. and just for good measure, an incredibly efficient 40 mpg highway. so that when you're dog more, you're spending less. the all-new nissan versa note. your door to more. ♪

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the house sends a budget stripped of obama care to the senate controlled by democrats. earlier, i spoke with congressman daryl issa about the looming government shutdown and what it means. take a look. mr. chairman, the house voted to continue to fund the government but to defund obama care.

it now goes to the senate. all predictions are that the senate is going to fund obama care and then we're really at a problem. correct? >> one of the things, judge, is that obama care is not ready for prime time. the president himself had to delay the implementation of the employer mandate but employees and nonemployees are required to try to find insurance of systems not set up with security capables that aren't proven so there really is a reason to delay obama care and that's really what defunding it for this year is all about. it's about not having it go forward before it's ready. >> right. and there's no question, though, but when the senate takes a look at this, they're obviously going to put it back in and it i peers that, you know, given the leadership and the majority, we're almost at an impasse now. is there then a government shutdown? >> well, you know, what the amazing thing if the house offers to fund 99.9% of the

funds necessary and the president says, no, i want a full 100%, the answer has to be but you're not supposed to be the chief apropose pray or the. the house has that requirement and i think we have to take it seriously if obama care is not ready, if it's not safe, if the american people are going to see both waste an confusion, we should act now to stave it off, find viable replacements or alternatives or allow the administration to get their act together. something the president admits they don't have right now. >> there's no question, mr. chairman, the american people don't want it. it's not ready to be implemented. people are losing their jobs. i mean, now talk about the cleveland clinic and people losing insurance and can't choose your own doctor. how do you get past the messaging issue here that will clearly come at the republicans by the white house and he's got the bully pulpit that it's the republicans doing this when the republicans it appears are doing

what the american people want? >> we can reduce the cost of health care by not implementing prematurely obama care and by trying to find viable ways to deliver health care for less. >> all right. well, i'm sure that everyone is hoping that that's going to happen. but, you know, as we talk about this looks like to me inevitable impasse, you've got the american people sitting there in the middle saying, hey, what about me? you know, you know that congress is at almost an all-time low. i mean, what is it? almost 80% of americans don't like what the congress is doing. but the divisiveness, the bitterness. how is it that you guys are going to be able to do anything at all for us? >> well, we do a great deal and i think one of the things people miss is, yes, there are things not happening. there are thing that is are happening and being on a bipartisan basis with a lot of us reaching across the aisle to work with members on the other side. yes, there are some problems and one of the problems is living within our means.

again, we're offering the president 99-plus percent of the money he says he needs and he's saying i'm going to shut down the government over 1%. that's not reaching across the aisle. that's not making compromise. >> i'm going to switch gears now. i was in washington this week watching the -- some of the benghazi hearings and as you know it's an issue so many americans are frustrated with. i want to show you this. >> why are you giving the state department a heads up about a witness coming in front of this committee? >> the chairman get to see this report before it went public? >> we had a draft report when it was wrapped up. we specifically briefed the secretary of state for a couple of hours and miss mills. >> all right. congressman, look. i've been a prosecutor. i've been a judge. i've been a d.a. this is unbelievable. what you've got with the

accountability review board is you've got no oath. it's not transcribed. you have a scenario where admiral mullen admits that he called up sheryl mills, hillary clinton's lawyer saying the lamb ain't going to make such a good witness and then what we have got is we allow them or the arv allowed hillary and her lawyer to review the draft report. is this report worth more than the paper it's printed on? >> it's worth very little. it is not terribly independent. it's definitely not professional. the individuals involved including ambassador pickering have a conflict of interest. he believes in the state department as it is. as a matter of fact, he was intimately involved with the last big death toll, the african bombings along with ambassador rice and others. so when you have an insider as chair, cozy with the secretary and all the individuals, by the way, one thing that wasn't mentioned is every one of the note takers, the notes we don't

have, they're state department employees. they didn't go out of house for anybody. they basically did an in-house review under an authority of a 1986 law that was supposed to hold people accountable and as you know every person's on the job, nobody lost a day's pay. there's been no accountability. >> my final question to you, congressman. look. i've spoken to pat smith. her son was killed. tyrone was on the roof. my understanding and let me know if this is accurate is that there was almost an empty side of the hearing congress people who were not there to listen to these poor parents. >> well, sadly, that's exactly right. the first panel with the ambassador and the admiral and the former director of the secret service was well attended on both sides. as we reset, the democrats walked out and except for two, they never came back. i don't think they wanted to hear pat smith talking about how

she was lied to by the president, the vice president, the secretary of state and it went on and on with people who said it was a video when they knew it wasn't. >> chairman issa, thank you so much for being with us. >> you're most welcome. will senator rand paul run for the white house? i talk to him next. the newly wed who admits to pushing her husband off the cliff. we have the latest for you. i'm beth... and i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink.

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this is the fox news alert. a militant group linked to al qaeda stormed an upscale mall in nairobi, kenya, today. after muslims were let go, the gunmen opened fire on those who remained. at least 39 dead. another 150 injured.

the u.s. state department says american citizens were among those hurt. connor powell joins us with the latest. >> judge, after hours of fighting it appears that kenyan police have the situation under control. but it was a very bloody and violent scene today in nairobi. as gunmen stormed an upscale and popular shopping mall in the heart of nairobi's international community, witnesses say the gunmen carrying ak-47 rifles and throwing grenades were targeting nonmuslims and westerners and telling muslims to leave a food court area before opening fire. fox news learned that the shopping mall is opened by a wealthy israeli businessman and we don't know the motive betoday's attack or why they targeted this mall. east africa's home to several al qaeda-linked groups. the somali militant group appears to be responsible vowing

to strike nairobi. east africa is no stranger to terror attacks. more than 200 people were killed in 1998 when al qaeda bombed the u.s. embassies. judge, back to you. >> back here at home, president obama has a 40% approval rating. 40. i spoke with kentucky senator rand paul on how that affects his ability to lead. with the approval rating of a russian president and the secretary of state kerry higher than the president, are we in a situation now where we have a lame duck president who basically is an ineffective leader given the divisiveness of the parties, is there any hope of getting things done in the next few years? >> i think it's not just syria. it's a constellation of scandals. you have had benghazi, the irs, the nsa, you have had the spying on ap reporters and fox reporters. it's been one thing after

another and i think the constellation of scandals has really taken away from his moral authority to lead the nation so in some ways you are right. with his moral authority to govern and the pronounce and to be an advocate for things is taken away because he doesn't clean up the scandal that is have come forward. the irs agent who appears to be an enormous partisan and untreating people for the beliefs, he's still being paid. nothing's happened yet to her. >> it is worse than that, senator. she is not only being paid she is not working and been on vacation all summer. will you guys shut down the government over obama care? >> i think it's a bad idea to shut down government. i think it's a good idea, though, to defund obama carement it's a disaster. i think it's going to hurt the people it was intended to help. i think it ib creases everyone's insurance costs and may well cause worker who is are part time to get less hours. maybe so much that it's difficult to support their family. i think there are a lot of

unintentional consequences. president clinton's saying poor working families may not be able to afford insurance. there's a lot not to like about this. we should do everything we can to defund it. >> senator, you have been strong a proponent of eliminating mandatory minimums, especially in the federal courts as it relates to drug crimes. tell us about this. >> you know, i testified this week in the judiciary committee for a bill to allow judges to have discretion. what bothers me is people for nonviolent crimes, drug possession crimes, that are given ten years as a mandatory minimum and it's not just their jail time which is hor ren does. but they get out of prison and can't get work because they have to put down for the rest of their life to check a box saying their're a felon. i think nonviolent felonies need to be put in a different category and not punished for the rest of your life for a youthful mistake. i think 10, 20 -- i mean, one guy we talked about in this

hearing put in jail for 55 years for selling marijuana. that's outrageous and wrong and we ought to stop it. >> senator, there is talk about your running for president. your mom says that you're not going to make up your mind before 2014. does she know what you will do? >> it's best to listen to your mom and i agree with that advice. >> does she think you should en? >> well, we haven't had a real discussion. my family's thinking about it some. we have had some talks internally in my family, my wife and kids and doing some traveling this year trying to grow the republican party and talking about how we need a more inclusive party. we need a party that reaches out to african-americans, to hispanics, asian-americans. you name it. that's the only way to win nationally changing those votes and so i'll try working on this over the next year and probably make a decision after the 2014

elections. >> all right. senator rand paul, thank you so much for being with us. we look forward from hearing you and maybe your mother before 2014. >> thanks. >> have a good day. >> thanks. and coming up, new developments in the case of the bride who tossed her husband over a cliff. a live report from montana is next. and later, friends say the navy yard shooter spent as many as 18 hours a day playing vie loe lent video. find out what the experts say. one says they're a good thing. ? ron: i'm sorry, who are you? jc: i'm your coworker! c'mon guys, i'm driving. hey, you guys comfortable? it's best-in-ass rear legroom. no way we'd fit this comfortably in your car, dan. ron: it's ron. jc: ron... and the passat has no-charge scheduled carefree maintenance... wish stevens had "carefree maintenance." right? that guy is so uptight. evens: i'm "stevens." jc: ron stevens... right... vo: right now get the 2013 passat for 0% apr

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except president obama's signature health care law. the senate says that's dead on arrival. the president says he'll veto an effort to defund obama care. the latest from the flood disaster zone in colorado now. roads finally reopening a week after they were submerged in rainwater. the number of people unaccounted dropped dramatically to 60. at point they were looking for 1,200 people. seven people died in the epic flooding. another three are presumed dead and the recovery, well it will be a long one. some people fear they will not see livable conditions for another six months. now back to "justice." 22-year-old jordan graham admitted to pushing her new husband cody johnson to his death off a cliff and not behind bars. she is sitting in her parent's home under house arrest after a judge released her on her own rec

recog any sans. >> as she gone out at all? >> no. you know, it's interesting. we have stayed outside of her home, judge. especially last week when she was released from custody and into her parent's custody and waited for them to get home. the house right outside of calisbel and saw a car pull in and it looks like at that time, that was not her car. it was a gentleman got out and it appeared he was doing a lot of things to sort of secure the home, what we noticed was that he put up a white piece of paper near the garage windows, also near the front door windows and then the next day we noticed a lot of no trespassing signs and i think they're making sure that she does not get seen, you know, or is seen inside of her house and i know that she is a part of her monitoring is that she is

allowed out for certain things like church and medical visits and whatnot but we have not seen any motion from the house at this time. >> all right. now, you have been to the cliffs. what are they like? >> right. so the cliffs, it's a section of glacier national park known as the loop and you drive up there. it's in the alpine section of the park so you're very high up in elevation. and you get out, you park your car. it's a very popular area to hike in the loop trail, specifically. and i started walking on that trail myself. and it's a very narrow path. and you look down to one side and it's pretty much a sheer drop down. i even tried looking over myself and it's impossible to see the ground. it's a very treacherous sort of area. and you don't really want to be near the edge at all. and you want the kind of stick to the path and probably the path that's, you know, not near the edge of the cliffs.

>> and rebecca, i hear that there are some web cam -- cameras there in the park? >> yes, judge. there are web cams that are in the park but they're pointed at certain popular locations in the park. views of the lake. their headquarters. and from what we have discovered there are no web cams up in that area up in the loop area. >> all right. rebecca, thanks so much. and with me now, former prosecutors richard portali and steve razor and now both defense attorneys. now, richard, a lot of people are wondering why this woman is not in jail on a second-degree murder charge. should she be in jail? >> absolutely not. the bail reform act is there for a reason. the government let her wonder about freely in the community for two months after she confessed and no new -- >> she didn't confess to murder. she said basically he pushed her

and she pushed him. she should be -- >> she has a presumption of innocence. >> didn't you work for me? >> the government has to show she's a threat to the community. they couldn't prove either of the two elements. leaving her in the community they showed they couldn't prove it. >> steve? >> i agree. she is not a flight risk and apparently the judge who set her out on r.o.r. at this sort of home arrest was proven correctly but there have been not been any problems. she is there and not a flight risk. >> let me ask you this. the woman apparently only puts up pictures of husband, eight days, after he dies on her facebook. you smirk. >> not smirk. pretty self serving. it's pretty observe what she is doing. >> it could be the fact that her husband just died and it does take a little while before the

pictures get uploaded. face it. even in this day and age, it takes -- >> oh, baloney! >> i could do that right now. >> is that what you did after you got married. >> i never killed anyone. >> not that we know of. >> never, never, never. how will the prosecution prove this case? she says he pushed her and he's not here to tell us. what do you think? >> there's a trap statement. there's a conduct that she -- she sent a text message and to her maid of honor just before she killed him saying if you don't hear from me again tonight, something happened. if i'm the government here, i'm going to call the defense out and call steve out and say, you need to address that because she knew she was going to do it. how do you defend it? he has to address it at that point. >> how do you defend that? >> well, it's simple. it is a text that sent to her and doesn't prove that she intended to kill him. it could be taken a lot of different ways.

by the way, we talked about the presumption of innocence. it applies the text, too. >> if i'm a defense attorney, what i say is she was a battered woman and she said, if i don't come back, you know, that she was worried about him coming after her. that almost adds to her defense. >> i hate to say this but if she claims that, she knew exactly -- then she knew that he had a propensity to do something like that, she shouldn't have been on the edge of a cliff with him because there's an element of federal law with self defense. she negligently put herself there, she's out of the self defense claim and saying there's a history of abuse, it won't fly and shoot herself in the foot there. >> there's no self defense claim. i have to say that, as well. based on the facts. the case comes down to her statements and in her statements, she indicates that he went to grab her. she moved away. he turned around. she knew she could walk away, chose not to and pushed him in

the back. there's no self defense argument. where the defense has to go with the case is a manslaughter argument. that's the road they'll take. that's the only road to take. >> here's an additional problem. the inconsistent statements, how do you reconcile them? >> it's simple. you reconcile simply by saying she was lying. why? she was afraid because she knew she did something wrong and killed her husband. that does not defeat a manslaughter charge. >> not sure it's that easy. she lied and then lied about the lie and then we have to then believe that confession was a lie. lies on lies on lies and too much for -- >> yeah. she is missing him on facebook and then -- missing him on facebook. >> i don't think that's going to be the damning evidence. >> oh, you never know in a case this close. >> yeah? >> littlest things can make a difference. >> can carry a lot of weight. you know that. >> absolutely it can. really all you're doing is taking the situations on facebook for negative connotations as with the text message, as well. you can't do that because as a

prosecutor the burden will be on you, not on her. >> you know what? i think it comes down to good lawyering and you are both good lawyers. thank you for being with us tonight. >> thank you. all right, coming up, did the violent video games play a role in the navy yard shooter's meltdown? and you think a teacher caught smuggling drugs would be fired, right? well, not according to a new york judge. you're not going to want to miss my take on this travesty of justice. i'm kind of seeing a... some kind of... this is... an alien species. reality check: a lot of 4g lte coverage maps don't really look like much at all. i see the aleutian islands. looks like a duck. it looks like... america... ish. that's a map. that's a map of the united states. check the map. verizon's 4g lte is the most reliable, and in more places than any other 4g network. trade in your old device and trade up to america's most reliable network. i've got the good one! i got verizon! that's powerful. verizon.

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monday morning aaron alexis opened fire at a d.c. navy yard killing 12 people and injuring countless others. the big question, why? the quandary. is it guns or violence? joining me now, harvard university professor of psychology dr. john sharp and the author of "war play: video games and the future of armed conflict" corey mead. doctor, you do believe there's a connection between the games and violent behavior. why? >> well, you can look at the journals and see that it's clear. there are new meta analysis, studies taking in to account the studies over the years. there was one about ten years ago showed maybe a question of a correlation but the one that was done in 2010 shows that it's definitive. people with exposure to violent

video games are way more likely to have changes in their aggression, in their thinking, their feelings, behavior. and makes intuitive sense, doesn't it? >> to me it does but i don't pretend to be an expert here. corey, do you agree with that? >> the military doesn't an i gree with that. that's not what they're interested in with the video games. they like the fact playing the contemporary video games, advanced and complex, the ability to filter the way through massive amounts of incoming data are the same skills of a soldier on the battlefield today. >> d go right to what dr. sharp is saying, specifically -- >> sure. we are agreeing. >> yeah if the military thinks it's good to help them out, it's like training. it is like 101 to kill people. >> they don't like it because they help them to be violent but the fact of how you have to deal with these incoming channels of data kind of overwhelming.

>> what do you mean incoming channels of data? you're dealing with texts, visuals and sounds and coming at you rapid fire and on the battlefield, communications in to the helmet and figure out -- >> well -- >> right? >> the problem is -- >> go ahead, doctor. >> people in the military selected and trained and ready for this kind of exposure. astronauts in simulators, same thing. but these are vulnerable, isolated people, may be disturbed thoughts, on the brink or full pledged mental illness. you put them in a simulator and they're in a wishful projection around the first-degree shooter and they believe they're that guy and makes it easier to go out and be that guy. that is a big problem. >> right, corey? >> you know, that's not the focus of my book "war play." i would say what the military likes about them is not the fact you learn how to shoot but how to think in a complex situation. whether or not it's "grand theft auto" or a game about making

peace, you are dealing with the same thinking process. >> making peace is slower than killing people. i can't help but think about police. what they go through in terms of training. >> sure. yeah. police use video games, too. >> exactly. it trains them. you call it incoming information. i call it training them to kill as many people as possible and to be aware of their surroundings. >> well, i think you're looking at the content and not what the games are doing. >> doctor, ahead. >> just in terms of content, you can train people in terms of pro social behavior and good data to show playing a video game to save little fluffy things from getting killed and leave the actual gaming itself, you are more likely to help someone. in one experimenter, an examiner spilled pens and studied who was more likely to help him pick up the pens and encouraged pro social behavior. we are likely to be conditioned by the experiences. absolutely it is clear. >> corey? >> i would say for the military, they use a number of games with

nothing to do with the battlefield but cultural language, interaction and cues and treating the ptsd coming back. >> think about this. $800 million for that latest video game. what? "grand theft auto 5." whatever. $800 million. a lot of kids -- >> one day. >> that's right. so then the question is, why aren't they all killing? how do we identify the ones who like this aaron alexis? 18 hours a day and then shoots people. >> there's another question, too, which is in the other large game markets, japan being the other biggest one, violent crime is extremely low. >> doctor, how do you answer that? dr. sharp, violent crime is extremely low in japan. >> there are cultural factors, gun availability. in terms of american mentality, i think the big thing is whether someone's vulnerable to mental illness. in the mass shootings, nine of

the patients or the people there were patients with untreated mental illness so it's not a question of being mentally ill but untreated and people who are, you know, unhinged, not getting the right treatment are the type to be the most likely to be soarly affected by this. >> dr. sharp and corey mead, thank you so much.orey mead, $27 billion business. it ain't going away. coming up, how would you feel if your kid's teacher was allowed back in the classroom after being arrested for heroin position? yeah. that's what i said. heroin. stick around for my take. and this is your last chance to vote in tonight's instant poll. are you better off than you were five years ago? facebook or tweet me @judgejeanine. your answers right after the break. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones.

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now to a story so

outrageous, i started screaming to myself as i read it. a new york high school teacher, damien esteban, was fired earlier this year after he was arrested and charged with showing up to jury duty for a murder trial with 20 bags of heroin. now esteban faced drug possession charges, but he agreed to attend a treatment program, and the charges were dropped. so much for justice in manhattan. but school officials sought his dismissal, and in may, an arbitrator agreed. esteban was immediately fired. he then appealed. now a manhattan judge, manuel mendez, take a look at him, overturned new york city's firing, ruling that there was no evidence that esteban's conduct affected his performance as a teacher, and that he should get his job back. the judge actually ruled suspension without pay was a more appropriate penalty. and in his decision, stated the

termination, quote, shocks the conscience and shows a callous indifference to the well-being of our students, that it truly shocked the court's sense of fairness and boggles the mind. are you kidding? the guy who possessed heroin. what planet do you reside on? 20 bags of heroin in a courthouse, where he knows there are cops with guns. do you think he's worried about taking the same stuff into a school with a bunch of kids? and do you know what boggles my mind? that a creep like damien esteban could soon be teaching kids again, and that judge manuel mendez, someone with zero knowledge of right and wrong, sits on the bench. city officials were outraged and vow to appeal the ruling. we'll keep an eye on the story and bring you all of the updates. and now it's time for our instant poll. the census bureau reports this week that earnings for the

average middle class family has seen a drop in income since 1989. so we ask, are you better off now than you were five years ago? and sadly, for most people, the answer is simply no. kevin tweets, let's see. taxes are higher. property taxes are higher. gas, food, and recreation costs are higher. salary, still the same. byron says, i'm 72 years old, and i work full time. the government would let me keep more of my money and not waste so much, i could live better. and steve writes, no, we're not better off. and we're a military family. gerard says, we were once a respected nation, and now we're a global joke. but some are better off. kathryn says, actually, yes, but unlike our government, we made sacrifices to get ourselves out of debt. and the last word to anna, who has something to say about president obama's campaign promise to bring about change. she writes, the entire family is

feeling the change. sometimes we can't even find any change in our pockets. that's it for us tonight. thanks for joining us. remember to friend me on facebook, follow me at twitter @judgejeanine. see you next week. ♪ 'i'll be gone...' ♪ 'in a day or...' man: twooooooooooooooooo! is that me, was i nging? vo: not paying for scheduled maintenance feels pretty good. no-charge scheduled maintenance now on every new volkswagen. that's the power of german engineering some kind of... this is... an alien species. reality check: a lot of 4g lte coverage maps don't really look like much at all. i see the aleutian islands. looks like a duck. it looks like... america... ish. that's a map. that's a map of the united states. check the map. verizon's 4g lte

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i learned where the stress was at the dr.scholl's foot mapping center. then i got my number, which matched the custom fit orthotic inserts with the right support. find your closest foot mapping center at drscholls.com. i'm a believer. this is a fox news alert. i'm geraldo rivera. 39 are dead today from extreme violence in an upscale shopping mall in nairobi, kenya. meanwhile, 90 are dead in baghdad, which is suffering its worst outbreak of sec terrian violence in two years. and our own country is not immune to this weekend's violence either. the streets of chicago, america's murder capital, also run red with blood. at least 13 have been