night and god bless. this is the fox news alert. islamic gunman are holding an unknown number of hostages in 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 celebrates the anniversary of a financial crisis? the fiscal collapse of an economy? i don't know about you. when i was a kid, we celebrated christmas, thanksgiving, and an occasional president's birthday. well, actually, only the one that is got us off of school. hello and welcome to justice.

i am judge janine. thank you for being with us. this week president obama chose to celebrate the fifth anniversary of the new near collapse of wall street with a back drop 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 gunned down, bleeding and dying, bodies still in the building, suspects 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 team had enough respect

to postpone their game. hey, did you 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. if there is 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 heroes waited for reinforcements on a roof to happen in benghazi, then i have a beach house to sell you in idaho. now, i have never seen the country like this, the divisiveness, the class warfare, this is insanity. everything is a mess. your domestic policy, your

foreign policy. when you were elected, mr. president, we were hopeful you would bring our nation together. you promised change and about the economy -- >> if i tonight have this done in three years, then it is going to be a one term proposition. >> hey, not to worry. you have your cheerleaders out there spinning and twirling their batons like this one. >> he is brilliant. he has a vision for our country. he is brilliant, has 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 is 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 is so brilliant, why is the poverty rate gone up? why are middle class salaries stagnant? why have people stopped looking

for work? why are we paying more taxing 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 out by sending free machine guns illegally purchased to the drug cartels in mexico which guns are used to kill sdpus mexican civilians and you use the irs to target your political enemies and 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 receipt which would be enough to land any of us in jail. don't think that i am not a little worried about the irs and being targeted as your political enemy. that nsa, you know the one that

doesn't even collect phone records, monitored by the fooiz acourt, even hiding information from the court itself and independent accountability review board on benghazi, i am renaming it the unaccountability review board. since when does an investigator give a heads up to the other side not transcribe the testimony, and then release a draft report to the accused so that maybe they can change it before it becomes public. your security clearances. you hand them out like free cell phones before the election. edward snowden, this guy is fired by the cia. he keeps his security clearance and then goes onto sell our secrets to the chinese and your savior russia hides them. the navy yard shooter, he keeps his clearance. that whack job arrested twice

for minor shooting ins incidents as if any shooting incident is minor. the police even contact the navy to tell them he is dangerous, and your navy says they didn't know. you didn't know? nancy said you were brilliant. how could you not know? you have been dithering for the path 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. >> i am not really interested. should i play like i am interested but i am not that interested but do i want to be interested and now she is not interested and all of a sudden i am starting to get interested. are we going to get hospitalized up enough to make bad decisions? >> talk about bad decisions. your signature legislative accomplishment, obama care, 60%

of the american people don't want it, can't afford it, small businesses can't handle it. you pride yourself on its passage. >> 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 we have all fought for and stand for, then i believe it needs to be repealed. >> and you lied, out right lied with 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 -- >> what we've got here is failure to communicate.

>> what's that? you didn't lie? who is the idiot that told you to say that? he has been fired, right? not fired? reassigned? on desk duty? still getting a paycheck? do you think he'll take the fifth? only because i am a gun owner, hometown of chicago, two nights ago 13 gunned down. last night 10. 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, and if things aren't bad enough, you're gearing up for a showdown because the house defined 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 dme and you're ready for war saying your political poenz want to shut down the government and you even started the phone banks. wait a minute. the bill the house passed yesterday allows for payments and prevents the government shutdown in the full faith and credit act allows the treasury department to pay our creditors and avoid default. you know, there is an old african-american proverb, when elephants fight, it is 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 a political tirade. mr. president, stop fighting. start leading. start protecting the grass.

coming up, congressman issa on the looming shutdown and senator rand paul on president obama and the scandals in the administration will affect his ability to lead. and in the instant poll, are you better off than you were five years ago? facebook or tweet me at judge janine and we'll read your answers later in the show. show. [ male announcer] surprise -- you're having triplets. [ babies crying ] surprise -- your house was built on an ancient burial ground. [ ghosts moaning ] surprise -- your car needs a new transmission. [ coyote howls ] how about no more surprises? now you can get all the online trading tools you need without any surprise fees. ♪ it's not rocket science. it's just common sense. from td ameritrade.

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care. it now goes to the senate, all predictions the senate will fund obama care and then we're really a problem, correct? >> one of the things is that obama care is not ready for primetime. the president himself had to delay the implementation of the employer mandate and employees and non-employees are going to be required to try to find insurance from systems that aren't set up with security capabilities that aren't proven, so there really is a reason to delay obama care and that's what the funding is about. it is about not having it go forward before it is ready. >> there is no question. when the senate takes a look at this, they're obviously going to put it back in and it appears that given the leadership as well as the majority, almost anna an i am mass now. is there then a government shutdown. >> the amazing thing, if the house offers to fund 99.9% of

all the fund necessary and the president says i want full 100%, the answer has to be but you're not supposed to be the chief appropriator. the house of representatives has that requirement. i think we have to take it seriously that if obama care is not ready, if it is not safe, if the american people have going to see both waste and confusion, we should act now to stave it off, try to find viable replacements and alternatives or at least allow the administration to get their act together, something the president himself admits they do not have right now. >> there is no question, mr. chairman, the american people don't want it. it is not ready to be implemented. people are losing their jobs. 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 has the pulpit that it is republicans doing this when the

republicans it appears are doing what american people want? >> we can reduce the cost of health care by not implementing prematurely obama care and trying to find viable ways to deliver health care for less. >> well, i am sure that everyone is hoping that's going to happen, but as we talk about this looks like to me an inevitable impasse, you have got the american people sitting there in the middle saying what about me? and you know that congress is at almost an all time low. what is it, almost 80% of americans don't like what the congress is doing but the divisiveness and the bitterness, how is it that you guys are going to be able to do anything at all for us? >> we do a great deal. i think one of the things people miss is there are things happening and acting on a bipartisan basis with a lot of us reaching across the aisle to work with members on the other side. yes, there are 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 is saying i am going to shut down the government over 1%. that's not reaching across the aisle. that's not making compromise. >> i will switch gears now. i was in washington this week watching the some of the benghazi hearings and as you know it is an issue that so many americans are frustrated with and i want to show you a spot. >> if this is so independent, why are you giving the state department a heads up about a witness coming in front of this committee? did cheryl mills get to see this 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 ms. mills. >> all right. congressman, i have been a prosecutor. i have been a j i have been a d.a. this is unbelievable. what you have is accountability

review board is you have got no oath. it is not transcribed. you have a scenario where admiral mullen admits he called up cheryl mills, hillary clinton's lawyer there, and said, hey, this charlene lamb, they ain't going to make a good witness and what we have is we allow them or the arb allowed hillary and her lawyer to review the draft report. is this report worth more than the paper it is printed on? >> it is worth very little. it is not terribly independent. it is definitely not professional. the individuals involved including ambassador pickering have an inherent 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-american bombings along with ambassador rice and others. when you have an insider chair cozy with the secretary and all the individuals and by the way one thing that wasn't mentions is every one of the note takers,

they're all state department employees. they didn't go out of house for anybody. they did an inhouse review under an authority of a 1986 law supposed to hold people accountable and as you know, every person is on the job and nobody lost a day's pay and there is no accountability. >> my final question to you, congressman, look, i have spoke tone path smith and her son sean smith was killed and charles woods and his son tyrone was on the roof, and my understanding and let me know if this is accurate, there was almost an empty side of the hearing congress people who were not there to listen to these poor parents. >> sadly, that's 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 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. coming up, will rand paul run for the white house? i talk to him next. and the newlywed that admits pushing her husband off a cliff. we have the latest for you. we have the latest for you. okay, ladies, whenever you're ready. thank you. thank you. i got this. no, i'll get it! no, let me get this. seriously. hey, let me get it. ah, uh. i don't want you to pay for this. it's not happening, honey. let her get it. she got her safe driving bonus check from allstate last week. and it's her treat. what about a tip? oh, here's one... get an allstate agent. nice! [ female announcer ] switch today

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this is the fox news alert. a militant group a militant group linked to al qaeda stormed an upscale mall in nairobi, 2010 kenya earlier today. at least 39 dead, another 150 injured. the u.s. state department says

american citizens were among those hurt. conner powell joins us with the latest. >> reporter: judge, after hours of fighting it does happen that kenyan police have the situation under control. it was a very bloody and violent scene today in nairobi. as gunmen storms an unscale and popular shopping mall in the heart of nairobi's international community, witnesses say the gunmen who were carrying fwuns and firing and telling muslims to in the food court area. we don't know the motive or why the attackers targeted this mall. east africa is home to several group that is operate in the region. the militant organization al-shabaab appears responsible for the attack having previously vowed to strike nairobi after

kenya sent troops to somalia two years ago. east africa is no stranger to terror attacks. more than 200 people were killed in 1998 when they bombed the u.s. embassies in kenya and tanzania. judge, back to you. back 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 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 between the parties right now, any hope of getting things done in the next few years? >> i think it is not just syria. it is a con tellation of scandals. you've had benghazi and nsa and spying on ap reporters and fox reporters.

it is one thing after another. i think the scandals have taken away from the moral authority to lead the nation. in some ways you're right, his moral authority to govern and pronounce and be an add voe kalt has been taken away because he hasn't cleaned up the scandals that have come forward. the irs agent that appears to be unfairly treat people for political or religious beliefs is still being paid. >> it is even worse. she is not only being paid she is not working. she was on vacation all summer. that's another issue. are you going to shut down the government over obama care? >> i think it is a bad idea to shut down government. i think it is a good idea to defund obama care. obama care is a disaster. i think it is going to hurt the people intended to help, and i think it will increase everyone's insurance costs and may well cause workers part-time to get less hours and maybe so much difficult to support their family and i think there are a lot of unintended consequences.

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

put in jail for 55 years for selling marijuana. that's outrageous. it is wrong. we ought to stop it. >> senator, there is talk about your running for president. your mom says you won't make up your mind before 2014. does your mom know something about what you will ultimately do? >> it is always best to listen to your mom. i agree with that advice. >> does she think you should run. >> we have had talks internally in my family, my wife and kids, and we're also -- i am doing traveling this year trying to grow the republican party and talking about how we need a more inclusive party and reaches out to african-americans, hispanics, jewish americans, and we need to be more inclusive. that's the only way we will win nationally by changing those votes. i will try working on this and make a decision sometime after the 2014 election.

>> thank you so much for being with us. we look forward to hearing from you and maybe even your mother before 2014. have a good day. >> thanks. thanks. 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 yashd shooter spent as many as 18 hours a day playing violent videogames. find out what the experts say. one says video games are a good thing. find out what the experts say. find out what the experts say. one says they're a good thing. so, i'm working on a cistern intake valve, and the guy hands me a locknut wrench. no way! i'm like, what is this, a drainpipe slipknot? wherever your business takes you, you can save money with progressive commercial auto. [ sighs ] [ flo speaking japanese ] [ shouting in japanese ] we work wherever you work.

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live from america's news headquarters, i am robert gray. all too familiar showdown brewing in washington over government spending and our national debt. a congressional deal must be hammered out by the end of the month or parts of the government will shut down. house republicans have passed a measure to keep all parts

running except obama care. the democratic controlled senate says that bill is dead on arrival. president obama says he will veto any effort to defund his health care law. a bloody day in iraq. at least 72 people were killed and more than 120 wounded as two suicide bombers targeted a funeral in a see iet neighborhood in baghdad. women and children among the victims. this was a biggest in the string of attacks that left more than 906 people dead saturday. another killed seven policeman and 21 others. i am robert gray. back to justice with judge janine. >> 22 year old jordan graham has admitted to pushing her new husband cody johnson to his death off a cliff. she is not behind bars. she is sitting in her parents home under house arrest after a judge released her on her own recognizance. rebecca joins us with the

latest. you have been camped outside her home. has she gone out at all? >> reporter: right. no, you know, it is interesting. we have stayed outside of her home, judge. especially last week when she was released from custody and into her parents custody, and we waited for them to get home and it is their house right outside and we first saw one car pull in and 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 is he put up white pieces of paper near the garage windows and also near the front door windows and the next day when we came back we noticed a lot of no trespassing signs, so i think they're making sure that she does not get seen 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. >> you have been to the cliffs. what are they like? >> right. so the cliffs, it is a section of glacier national park known as the loop, and you drive up there in the alpine section of the park, so you're very high up in elevation. you get out and park your car and it is a very popular area to hike in the loop trail specifically, and i started walking on that trail myself, and it is a very narrow path, and you look to one side and it is pretty much a sheer drop down, and i even tried looking over myself, and it is impossible to see the ground. it is a very treacherous area and you don't really want to be fear the edge at all and you want to stick to the path and probably the path that is not near the edge of the cliff. >> and i hear that there are

some webcam -- cameras there in the park? >> why, gentlemen, there are web cams in the park but they're pointed at certain popular locations in the park, views of the lake, the headquarters, and from what we have discovered, there are no webcams up in that area up in the loop area. >> all right. thanks so much. and with me now former prosecutors richard portale and steve razor and now both defense attorneys. richard a lot of people are wondering why this woman is not in yale. should she be in jail? >> absolutely not. the bail reform act is there for a reason. there are standards. the government let her wander about freely in the community for two months after she confessed and had no new evidence when they made the motion. >> she said basically that, you know, he pushed her and she

pushed him. i want to get into that. a woman is charged with murder. >> she has a presumption of innocence, doesn't she? >> didn't you work for me? >> there are standards and elements and the government has to show she is a threat to the community or that -- so they couldn't prove either of the two elements. by leaving her in the community for two months they showed they couldn't prove it. >> i agree and she is obviously not a flight risk. she has proven that. apparently the judge that set her out on ror at this home arrest with electronic monitoring was proven correctly. there have not been any problems. >> let me ask you this. the woman apparently only puts up pictures of her husband. she is married eight days, after he dies on her facebook. what does that tell you? you are smirking. >> it is pretty self serving. it is very pretty obvious what she is doing, right? >> it could be. it could also not fact that her house just died and it does take

a little while before the pictures are uploaded. even in this day and age it will take a little time. >> baloney. >> i could upload one right now. >> that what you did after you got married? >> i don't think so. >> i never killed anyone. >> not yet, not that we know of. >> here is the thing. how is the prosecution going to prove this case? she says he pushed her, and he is not here to tell us. >> that's right. >> what do you think? >> there is a trap statement, some conduct that she sent the text message and it to her made of honor just before she killed him said if you don't hear from me again tonight, something happened. if i am the government here, i am going to call the defense. i will call steve out and say you need to address that. she knew she was going to do it. how do you defend it? he has to address it. >> i tell you. how do you defend that? >> it is simple. it is a text that centers and certainly doesn't prove she intended to kill him. it could be taken a lot of different ways.

we just talked about the presumption of innocence. it applies to that, too. >> you know what i would say? what i am going to 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 and that almost adds to her defense. >> i hate to say this. if she claims that, then she knew exactly -- she knew that he had a propensity to do something like that and she shouldn't have been on the edge of a cliff with him. there is an element under federal law in terms of self-defense rjs if she put herself there, takes her out of the self-defense claim. if she says the history of abuse, it is not going to fly. >> go ahead. >> i am sorry. there is no self-defense claim. i have to say that as well. based on the facts, this whole case comes down to her statements and in her statements she indicates he went to grab her. she moved aconvey. he turned around. she knew she could walk away, chose not to and pushed him in the back.

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

can't do that pause as a prosecutor the burden will be on you and not on her. >> i think it is going to come down to good lawyers and you're both good lawyers. thank you for being with us tonight. coming up, did the violent video games play a role in the navy yard shooter he is ameltdown? you think a teacher caught smuggling drugs would be fired, right? not according to a new york judge you're not going to want to miss my take on this travesty of justice. for all those who sleep too hot or too cool, for all those who sleep

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amonday morning aaron alexis opened fire at a d.c. navy yard killing 12 people and injuring countless others. the big question why. once again the quandary, is it guns, mental illness, some wonder if the 18 hour a day habit of applying violent video games contributed. joining me, harvard professor of psychiatric job sharp and war play and video games and the future of armed conflict cory meade. dr. sharp, i will start with you. you do believe there is a connection between the games and violent behavior. why? >> well, you can look at the journals and see that it is clear. there are new meta analyses, you know, studies taking into account all the studies done over the years. there was one about ten years ago showed may be a very of a correlation but the one done in 2010 shows it is definitive. people with exposure are way

more likely to have changes in their aggression and in their thinking, their feelings, their behavior, desense at this sflags, all there and makes intuitive sense. >> to me it does. i don't pretend to be an period of time here. cory, do you agree with that. >> i will say this. the military doesn't agree with that. that's not what they are interested in. >> what does the military see? >> they like the fact when you play the contemporary video games the cognitive thinking skills and ability to filter through massive amounts of data are the same skills they need on the battlefield today. >> doesn't it go right to what dr. sharp is saying? >> sure, we agree. >> that if the military thinks it is good because it helps them out, means it is like training, like 101 to kill people. >> dough don't like him because they helped him to learn to be violent. they like it because it is the fact of how you deal with the incoming channels of data which

are overwhelming >> what do you mean? >> when you play a game you're dealing with text, visuals, sound, whatever else and coming rapid fire. the same way if you are on the bottle field you're getting communication in the helmet -- >> the problem is though -- >> go ahead. >> if i could say, well, people in the military are selected and trained and ready for this kind of exposure. astronauts and simulators, same thing. these are vulnerable, isolated people and maybe disturbed thoughts thoughts and people on the drink and full-fledged mental illness. you put them in and they're in a wishful projection around the first degree shooter and believe they're that guy and it makes it easier to go out and be that guy. that's the big problem. >> right, cory? >> 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. it is the fact you learn how to think in a complex situation. whether or not it is grand theft auto or a game with making peace and waiving hands and everybody loving each other, you are still

dealing with the thinking process. >> making peace and waving hands is slower than killing people. i can't help but think about police and what they go through in terms of training. >> they use video games too. >> exactly. you call it incoming information. i says it trains them to kill as many people as possible and be aware of their surroundings. >> i think you're looking at the content and not what they're doing. >> doctor, go ahead. >> in terms of the content, you can train people in terms of pro social behavior so there is good data to show if you are playing a video game and trying to save fluffy from getting killed and then you leave the actual gaming itself, rumor likely to help someone. one experiment and examiner studied who after the exposure was more likely to pick the pens up? it encouraged pro social we're likely to be skned by the experiences. >> i would say for the military they use a job of games with nothing to do with the

battlefield and things like cultural interaction and language cues. >> think about this. $800 million for that latest video game. >> grand theft auto 5. >> whatever. there are $800 million, a lot of kids, middle schoolers, high schoolers >> one day. >> that's right. one day. 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 goes out and shoots people. >> there is another question, in the other large game markets around the wold japan being the other biggest one, violent crime is extremely low. >> doctor, how do you answer that? violent crime extremely low in japan. >> there are cultural factors and factors in terms of gun availability and in terms of american mentality, i think the big thing is whether someone is vulnerable to mental illness. in the 21 mass shootings over the past recent years, 9 of the

patients are the patients one treated mental illness. it is not a economy of being mentally ill. it is a question of being untreated. people not getting the right treatment bb the most likely to be sorely affected by this. >> thank you so much. corey mea thank you so much. $27 billion business. it ain't going away. coming up, how would you feel if your kid's teacher was g allowed back in the classroom after being arrested for heroin possession? yeah. that's what i said.yo heroin.ur stick around for my take. and this is your last chanc. to vote in tonight's instant pollan. are you better off than you were five years ago? facebook or tweet me @judgejeanine.e we'll read your answers right after the break. you'd have, like, a ton of dollars. but how are they saving you those dollars? a lot of companies might answer "um" or "no comment." then there's esurance. born online, raised by technology and majors in efficiency. so whatever they save,

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now to a story so

outrageous, i 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. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on.

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[ sighs ] [ flo speaking japanese ] [ shouting in japanese ] we work wherever you work. now, that's progressive. call or click today. this ia 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. more than 150, including at least four americans are wounded. meanwhile, 90 are dead in baghdad, which is suffering its worst outbreak of sectarian violence since it pulled out of iraq two years ago. 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