us at fox now doot com. be sure to follow us on twitter. that's it for this week's shows. thanks for watching. hope to see you right here next week. brand-new information on the alleged gunman as things begin to get back to normal at los angeles international airport following yesterday's rampage that killed one tsa agent, injuring at least five other people and disrupting hundreds of flights nationwide. hello, everyone, glad you're with us. i'm greg jarrett. >> i'm arthel neville. welcome inside america's news headquarters. this is 23-year-old paul ciancia armed with a semiautomatic

rifle, more than 150 rounds of ammunition as well as a note allegedly outlining his mission against the tsa. listen as these people describe the chaos the moment he opened fire. >> two gunshots going off and i looked at my boyfriend and he said, those are gunshots. he was like, run. we literally just ran down the stairs. >> tsa was running with us. they said, keep running, keep running. there was probably another 15 to 20 shots that we heard behind us. we just kept running. >> it was like a dream. it wasn't real. it was like a movie. it was so intense. it wasn't normal to hear that. we all just panicked. >> live today with the latest. how is it looking? looks pretty quiet behind you as you can see from this monitor. >> they look like they're try to get back to businesses as quickly as possible. this is terminal one which wasn't affected hardly at all. behind us, terminal two where a

lot of the passengers were directed and taken out through there. we've seen people coming back to the airport. those who were actually stranded overnight. the tsa had a presence outside terminal three today. they're back to work. the investigation very much going on there. the associated press released a photo of police stand over the weapon suspected of being used by the gunman in the attack. you can see on the screen the policeman looking at the floor at the weapon there. witness reports describe it as a semiautomatic rifle akin to an ar-15. we expect the authorities to confirm or give us more details about that weapon later on today. there is also a lot of media reports quoting officials saying that a note was being carried by the gunman and that it's said that he wants to target the tsa and, quote, pigs, and actually

as the gunman was running through the terminal, he was actually asking individuals, whoever he met, whether they were tsa or not. that's what witnesses say and the ones who said no they weren't, he left them alone and he carried on going. the fbi are looking into this. they're inside terminal three right now, forensically going over the scene of the crime. this is how they describe what the investigation is ahead of them. >> at this point, we have the terminal shut down and we will have it shut down for a while, while we continue the investigation. the forensics teams are in there from both the fbi, as well as lapd. their work is long and methodical and they will take their time on this. >> and the suspect is still in hospital. no indications of just how bad his wounds are. the fbi want to speak to hip as soon as possible. as he's alive, they will know his true motive, if he is found guilty of this at some point.

of course right now he's still just the suspect. back here to los angeles airport, 826 flights affected, 19,000 passengers affected not just here in los angeles but around the world because, remember, there were flights coming into los angeles that got turned around. the airport saying it could take two to three days before it's back to normal. just a sense of shock by the people here. >> i can imagine. thank you, from lax there with the update. we're learning more about the tsa agent gunned down in yesterday's senseless attack. he is the first to be killed in the line of duty in the 12-year history of that agency. a picture of the victim has yet to be released but we do know his name is geraldo hernandez and reportedly worked at lax for three years as part of tsa's logistical department. hernandez lived in the puerto ranch area of los angeles, survived by his wife and two

children. the lapd chief has mandated all police officers wear black bands on their police badges in his honor. we are learning the troubled health care.gov website will be going down again from about 9:00 p.m. saturday to 9:00 a.m. sunday, 12 hours. this as a government report is surfacing, shedding new light on what the white house knew about millions of americans losing their health care coverage long before the problematic obama care rollout. the congressman from maryland weighs in on all this, just ahead on our program. the american red cross is now setting up shelters in central texas for the many flood victims. storms dumping up to 13 inches of rain in some areas causing major flooding. at least four people were killed, including a mother and

her 8-month-old baby. survivors say they're just grateful to be safe. >> material things can be replaced. we were saved. we just really thought we were not going to make it. even our dog was saved. >> meteorologist is live. >> take a look at the storm system that brought even tornados across the central u.s. and the incredible amount of rain over central texas. as you mentioned, over a foot in some cases in the san antonio austin area. you can see quite a bit of moisture in a very short period of time. taking a look at the satellite radar right now, clear skies for the most part. we will see the potential for showers and thunderstorms in the middle of the workweek but certainly not the deluge that they saw this past week. northwest, you are getting a winter storm in your forecast. especially across the cascades where they could get 6 to 12 inches of snow. going to remain unsettled this

weekend, even into next week as we've got kind of a stormy pattern for this region. and temperatures right now, 40s and 50s, but we're going to struggle to get out of the 30s across the intermountain west as this storm system pushes eastward. just a quick reminder, greg, and arthel, daylight saving time arrives tonight. extra hour of sleep. >> she's excited about that. >> that means an extra hour of partying, don't you know. >> for arthel? >> do not buy into this. an extra hour of no sleep because i'm an insomniac. >> you're such a party animal. i'm going to tweet some pictures. >> for us parents, means an extra hour we're up with our kids because they don't know what sleeping in is. >> boy, don't you know that. j.d., thanks. >> nice to see you. security is ramping up ahead of the new york city marathon.

nearly every inch of this year's 26-mile route will be monitored from the ground and the skies. bomb sniffing dogs and officers will be patrolling the streets and scuba divers and helicopters watching the water. the nypd trying to avoid another deadly attack like the one at the boston marathon last april. federal authorities arresting a person who allegedly vandalized pompeii's pillar national monument in montana. the suspect accused of carving a set of names and a heart into the national monument. it's only about three feet from the signature explorer william clark who made the inscription back in 1806 on his return back to st. louis. experts say it cost cost up to $5,000 to remove those new markings. >> we're getting new details concerning a top taliban leader reportedly killed in a u.s. drone strike and his connection to a chilling terror plot here

on american soil. >> and the feds busting a suspect accused of vandalizing a believed national treasure. we'll tell you about that. and with the government shutdown in the rearview mirror, both sides of the aisle are working on a new budget. >> we're going to see a robust economic recovery that we all hope for and thus we take the wet blanket off the economy, this amazing level of debt and deficit. max and penny kept our bookstore

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bombings in times square in may 2010. honda recalling more than 300,000 odyssey minivans because of a brake issue. the automaker says the software and parts problem could cause the 2000, 2007, 2008 models to brake suddenly. the new york yankees and derek jeter agreeing to a $12 million contract. not bad for a year's work. he played only 17 games this year due to many injuries. as more americans grow very frustrated with the obama care rollout, a recently uncovered government report shows white house officials knew all along that millions of americans would lose coverage. this week, one lawmaker raised the issue on the house floor. >> obama care train wreck continues. in 2009, president obama promised if you like your health care plan, you can keep it.

it still promises that on the white house website and on the healthcare.gov website, if and when you can get on that website. >> joining me is that republican congressman andy harris from maryland. he serves on the house appropriations committee, the subcommittee, he's also a physician and member of the doctor's caucus. congressman, thanks for being with us. that promise, the president made, it always seemed impossible and yet he kept saying it over and over again hundreds of times. now we have this documented proof that all along his administration knew that what he was saying was untrue. i want to put it up on the screen. here are their predictions. this is the federal register june 17th 2010. they predicted 45% of big employers will drop health care plans. 40% to 67% of individual plans canceled. total, 93 million americans would lose their health plans.

sir, is this evidence that president obama was dishonest in making his promise? >> very clearly, the president misled the american public and this week, even secretary sebelius coming before the committee acknowledged this was dece deceit. >> in a speech on wednesday in boston, the president said all those terminations were, quote, a central premise of the affordable care act from the very beginning. sir, isn't that an admission that the president himself knew from the beginning that what he was promising was simply untrue? >> i think that's true. there are two explanations. the president rather knew and was intentionally deceitful or he was ig narnt of the fact and neither explanation is good. >> i would count three possibilities here. either the president, you know, intentionally made claims he knew to be false or he made claims recklessly. he just didn't care about the truth of it or he was, as you

mentioned, misinformed. we may never know because he likely won't say, but in that boston speech, he blamed the insurance companies for canceling millions of health plans. of course, he ignored the fact that the carriers were forced to do that under the requirements of his new law. i mean, congressman, isn't that like blaming the train in a train wreck? >> absolutely. you know, he blamed it on the bad apple insurance companies which are the same insurance companies he's using in his exchanges. so this makes no sense whatsoever. except that the president knew what was going on, he knew that millions and millions of policies were going to be canceled and the replacements were going to be more expensive. we're getting dozens and dozens of letters from people in my district every single day about dance cancelled policies with the replacements costing thousands of dollars more for each family. >> we've talked to so many here

on fox news. neil interviewed a woman yesterday who loved her plan, it was affordable, she said, but it got canceled and now her premium per month has doubled. look, the president is making no apologies for any of that for his failed promise. no apology to the millions of americans losing their health plans. instead, he be hhad this to say those getting millions of cancellation letters. take a listen. >> the system is more secure for you and more secure for everybody. if you're getting one of these letters, just shop around in the new marketplace. that's what it's for. >> well, assuming you can shop around. just shop around, forget the fact you got canceled. isn't that sort of the equivalent of, okay, i lied or i was wrong? get over it, deal with it, people? >> look, it's "let them eat cake." the fact the matter is, the president -- i hope when he realizes when these people shop

for policies on the exchanges, they're going to pay 30%, 40% more and some people twice and three types as much as the policies they had. who is the president to decide what's good for an individual and their families? >> especially if they like what they have. and there's a great deal to be said for many of these catastrophic health care insurance policies. i have a friend out in california who's had a policy for 25 years. never once made a claim and he loved his policy. he lost his look, the president's top aide at the white house valerie jarrett tweeted the following. there is nothing in obama care, nothing, that forces people out of their health plans. isn't that blatantly untrue? obama care regulations indeed require these ehb, enhanced health benefits. any plan who doesn't have these

ehbs, many do not, are illegal and that forces people out of their plans? >> absolutely. it's just as untrue as when the president said if you like your plan, you can keep it period. you can't keep it. the government has decided those plans are not good enough for you. even if you've had it for years and that's the plan that fits your family and your budget. the president and valerie jarrett and the rest have decided it's not good enough for you. >> what do you have to say for yourself? >> that's amazing since no republican did damage to the plan. they had a 600% cost overrun on that website. it's costing $600 million when it was supposed to cost less than $100 million. they had plenty of money. >> congressman, thank you for being with us today. >> my pleasure. >> and greg, coming up, a little bit more on this. what an appears court ruled on

the president's contraception mandate in obama care. !!!!

welcome back. an appeals court ruling that businesses do not have to provide their employees with contraceptive coverage under obamacare. this after two ohio business owners challenged the mandate saying it forces them to violate their religious beliefs. elizabeth prann is in washington now with more. >> a dc circuit court striking down an affordable care act mandate requiring business owners regardless of their religious beliefs to provide health insurance including birth control coverage. the federal appeals court says that limits the right of free exercise of religion by burdennenning companies to require insurance that includes contraception. it is another ground breaking

case for religious rights and others say it is the employees who have a right to coverage. >> the only question here is whether our government can force religious business owners to pay for abortion causing drugs and to pay for contraceptives, even if it is against their most deeply held religious beliefs. >> the reason for that is that you have the right to practice what you want, but an employer shouldn't have the right to deny the people who work at that institution their right to follow their conscience and use contraception. >> this case is involving the owners of fresh way foods. the catholic brothers do not want to contribute to the coverage of contraceptive including plan b pills citing their roman catholic religion. facing a fine for not complying and while the obama administration says the requirement is necessary to protect a woman's right to decide when or if she wants to have children the judges were not convinced. the decision echoed the 10th circuit ruling. the court ruled against an

abortion pill mandate and has relied on that ruling and other instances. another case out of the third and 6th circuit went the opposite way. the split decision may indicate that the supreme court may take on the issue. arthel, back to you. >> thanks a lot, elizabeth. >> a big parade is underway in the city of boston. the red sox are holding their victory parade today. looking at that. riding high off their world series win on a float of duck boats. love the duck boats. after beating the st. louis cards in the game six, a stunning turn around a. last year the sox had the worst season in almost 50 years. the win at fenway park ends a nearly century long dry spell for winning a world series at home. good for them. >> so much to celebrate. >> are they going to shave the beards? >> i hope so. i am glad they won, but those beards are horrible. >> it is circa 1960s,

right? >> i can't stand to look at them. >> the thing was to pull on everybody's beard when they hit a homerun. >> congratulations, guys. >> too bad for the cards. next we will go to kabul, afghanistan. we will talk about the u.s. drone strike that took out the head of pakistan's taliban who was one of the master minds behind the attempted terror attack on new york's time square.

hello. i'm arthel nestle and welcome to america's news headquarters. >> topping the news, the troubled obamacare website going off line again. what the government officials are now saying about the latest problems. >> and new troubles between the u.s. and pakistan following a u.s. drone strike that killed a taliban lieder with ties to a chilling terror plot on u.s. soil. we will have the latest in a live report. >> and the u.s. economy, well, it may be stuck in neutral, but auto sales, they are in high gear. what is driving the auto industry boom? we will look at that. we begin this hour with new information about the alleged gunman following yesterday's deadly rampage at los angeles international airport that killed one tsa agent, injuring at least five

other people. investigators say this man, 23-year-old paul ciancia, was armed with a semiautomatic rifle, plenty of ammunition and a note allegedly outlining his mission against the tsa. we go now live to l.a.x. with the latest, dominic? >> hi, greg. that note apparently saying that tsa was his target and also, quote, pigs, clearly the police force as well. in the note he also expressed disillusion meant in the government. we don't know what his gripe was. the tsa is working on that today. they are making a visible presence at terminal three, where they are going to uh -- where the gun attack happened. on then side of the terminal it is cordoned off and they are going through it forensically, inch by inch and looking at the shells fired and seeing how he was able to get so far and deep into the terminal. the tsa agents say they were

actually on him within a matter of seconds. that's what we heard from the authorities yesterday. they say without an intervention it could have been a lot worse. take a listen what the chief fbi investigator had to say about that. >> there was additional rounds this gunman had. the fact these officers were able to neutralize the threat as they did, there were more than a hundred rounds that could have killed everybody in that terminal. >> my apologies. that was the mayor of los angeles. that was him describing all of the rounds without a shadow of a doubt it could have been worse. apparently in the note the gunman was saying he didn't want to attack innocent people is what he says. clearly everybody very fearful of what happened during those moments. the airport trying to get back to business today. terminal three has reopened to some extent. the ticketing counters are

back open and the authorities here at the airport are saying do turn up and you can check in for your flight. the passengers will not go through the terminal 3 departure and security area. they are going to be transported out to a remote stand where the flights have been directed to. that is how they board. they don't know how many flights will get out today. we know that there was 826 flights that a were affected by this and 99,000 passengers. that's an awful lot of people. the through put here could take two to three days and that is according to the airline. at the moment it looks quiet at terminal one behind me and that's because those were affected in terminal three and terminal two. they are trying to send him back there and the traffic going in that direction was giving a sense of nor mall tee. the instances we talked about, when you ask about what happened there was a flicker of fear going across their faces and people are still feeling it today. back to you. >> a shocking event to have

happen. dominic, thanks very much. >> i will piggyback on what he just reported. where the shooting took place, it is partially reopening. following yesterday's deadly shooting, the ticket counters are open for purchases as well as questions. passengers are still waiting to get back inside to collect their luggage. the luggage is currently being held as part of the lapd's investigation. >> the troubled health insurance website going off line tonight. the hhs says health care .gov is not going to be back up and running until sunday morning allegedly because of their repair work. in the meantime, some republicans say the website's problem is just, quote, the tip of the iceberg when it comes to president obama's signature health care law. molly heninburg has more on that. >> yes, the tip of the iceberg according to dan coates who

said americans will be stuck on board this titanic unless congress acts. the senator challenged the president's comment that people could keep their health insurance if they liked it under obamacare. >> tell that to over 300,000 people in florida who have received can sell lags notices notices -- cancellation notices or the millions of americans who could see their health plans disappear, and tell that to the tens of thousands of hoosiers in my state that will see similar notices arriving in their mailboxes. >> the president contends that even if an insurance company drops a plan it has to offer these clients other more comprehensive plans that meet obamacare standards. the white house says it does not have accurate data yet for how many people have signed up for policies under obamacare since its launch, but they will release the numbers in mid-november. >> we expect those figures to

be relatively low, but we absolutely expect those figures to grow and we always did. it is our challenge and our responsibility to make sure we provide for the american people who want this product access to it. >> cbs news reported that six people signed up for the obamacare the first day the website went live and 248 people total signed up by the end of day two. the white house calls those numbers, quote, rough figures from a government contractor that does estimates. the obama administration needs 39,000 people a day to enroll to meet its goals and make the system work. greg? >> not just enroll in medicaid. that's not knot going to do it either. molly, thanks very much. despite the 16-day government shutdown lawmakers are hard at work on a new budget deal, but as democrats and republicans dig it in setting up another budget battle is there any chance of

reaching the elusive grand bargain before the next crisis? susan is here the chief congressional correspondent for the washington examiner. let me highlight your three r's of the grand bargain and then have i my first question. it is re-do tax code, reform entitlement spending and reset spending levels. so the question is will this happen? can this happen? >> i think what we will see is resetting the spending levels. only for the next year. they only have two months and 13 days between now and the january 15th deadline. that's when the current spending plan expires. that's not a lot of time to put together something as comprehensive as this grand bargain. it would involve the tax code and entitlement spending and things that a are so huge and gaps that are so wide between the two parties, there is just not enough time to get that done. so where does that leave congress and the budget deal? it is going to be a focus on the current spending level and

how we move into fiscal 2014. we have this temporary spending bill, but they need to come up with a deal that will last through 2014 and that will deal with remember the sequester that is the automatic budget cuts that come down every year. it is $110 billion automatically on january 15th. they want to stop that a from happening on the democratic side. on the republican side they want to shuffle the cuts around so they are more targeted to the things they favor. so the two sides will be focusing on that. with democrats it is going to be how do we restore the spending cuts. maybe through tax increases and closing tax loopholes. republicans are going to try to hold the line. hold on to those cuts, but shuffle the cuts around in a way they favor more. that's the fight over that. i don't think we will get a tax code reform or entitlement spending. >> you know everyone's poll numbers took a hit after the obamacare debacle and debate. do you think this time poll

numbers will matter or public opinion will weigh in the budget talks, or is it a different tight this time, if you will? >> the poll numbers will matter, but in this case if you don't have the fight over a government shutdown, republicans may feel safer in pushing for maintaining the spending cuts. they feel like they have the upper hand with the public on this one because so many in poll numbers in the public have said they want to see our debt and deficit under control. so the republican thinking right now on capitol hill is they can fight for these spending cuts and the public will back them. >> the democrats are thinking they have the stronger position too because of the 16-day partial shutdown due to the fight against obamacare and the efforts to try to de fund it. >> you are exakly right. are you exactly right. they feel like look what just happened. if we are facing the republicans toe to toe with the government shutdown deadline, they will blink on this because of what just happened with the most recent government shutdown.

the republicans will be so fearful of being blamed a second time with the 2014 elections just around the corner that they are going to be willing to give up some of these sequester cuts. i believe that's where this will end up. they will forfeit some of the hard fought cuts out of fear of another government shutdown. however, i don't think republicans will bend on tax increases. i think we are going to end this deal without a tax increase, but with a higher spending level than we currently have now. >> okay, well we heard it here. we have your projection. we won't call it a prediction, but it is a projection. we will have you back after it is all said and done. highway about that? >> terrific. thank you. >> new fallout from the u.s. drone strike that killed this pakistani taliban leader. pakistan is summoning the u.s. ambassador to, get this, protest the militant leader's death. he is believed to be behind a failed car bombing in time square in 2010 as well as an

attack on a cia compound in afghanistan. now the pakistani government is condemning the strike and accusing the u.s. of derailing its peace talks with the taliban. connor powell is live from kabul, afghanistan. >> they took over the pakistani government in 2009 and the u.s. had a $5 million bounty on his head since the beginning. now he has been targeted by u.s. drones several times and has been pronounced dead at least twice. this time according to afghan and he was killed in a u.s. drone strike in the past day or so. his supporters buried him in secret so no other u.s. drones would attack the remaining supporters. he was a ruthless and violent leader and affiliated with the taliban. there were two groups with a lot of overlap and similarities and the same

ideology and leadership. the afghan founder of the movement and he is credited with killing thousands in both pakistan and here in afghanistan including several people. nine people in total at a u.s. cia base and host province in 2009. now, in pakistan this drone strike is extremely controversial. the security officials are more upbeat about it. but the politicians and the newly elected government in pakistan has basically criticized the killing of massou. and it was largely on a platform of talking to the taliban and ending u.s. drone strikes in pakistan which they are very controversial there. they have taken a criticism of this drone strike to a new level now basically saying that this is only going to under cut all peace efforts with the taliban. now here in afghanistan though, the u.s. and the

afghan officials are basically welcoming his death now. he is seeing -- he is seen as somebody who not only lead the pakistani movement, but influenced the afghan taliban movement. for u.s. and afghan leaders here his death is widely welcome. now, the pakistani taliban x greg, has actually named a successor and they are vowing revenge. what they will do next is not clear, but they are a violent organization that has attacked pakistanis, afghans and americans in this region. >> indeed they have. connor, thank you. >> and we will have more on the death of the taliban leader and what it means for america's war on terror when we speak with this man here, bob wells, who is a retired navy captain and former national security advisor. a man in michigan now wants his cut of the $25 million reward for finding osama bin laden. 63-year-old tom lee claims he is the guy who told the fbi where bin laden was hiding in

2003 when he learned about it from a pakistani intelligence agent. his attorney claims lee has been asking the fbi for the reward money ever since he found out the 9/11 mastermind was killed in the exact location he told them about. u.s. officials say they found bin laden through intelligence and not an informant so no reward will be given. navy seals killing bin laden during a raid in may of 2011. the national fuel system giving drivers whiplash at the pump and details on what is driving the wild price jump. that's next. >> and serious allegations as lois lerner broke the law. what a watchdog group is saying it found out after following a trail of documents and e-mails. >> i have been advised by my council to assert my constitutional right not to testify or answer questions related to the subject matter of this hearing.

time for a quick check of the headlines. the closing of a fire work factory killing 11 and injuring 17 others.

the cause of the blast is unknown. former senator bob dole and his wife elizabeth are welcoming veterans at the world war ii memorial in washington, d.c. the event is taking place with just over a week to go until veterans day. and don't miss it. there is going to be a partial solar eclipse visible to much of the east coast. it is a rare eclipse where the moon blocks part of the sun from areas of the world and completely in others. a new bombshell in the scandal over the irs targeting conservative groups. the watchdog group known as judicial watch says former irs official lois lerner broke the law when she shared highly confidential information. joining us is keisha evans. the judicial watch files the

freedom of information act and they eventually get their hands on the documents. it turns out that lois lerner was sent over to the federal elections commission according to these documents not just a yes or no on tax exempt status for these tea party groups, but their entire tax file. >> certainly that is a no no on the united states code. >> it is a crime. >> it is a crime under 7013. it is punishable of five years in jail and a $5,000 fine. this is a serious matter. will she be charged with a crime? i say a small chance. >> why? >> they don't do it. they never charge. >> it is not only 7013, there is an irs code violation. let's put it up on the screen here. no officer or employee of the united states should disclose any return or return information obtained by him or her in any matter in connection with the service. that's a felony as well. now keisha, i can think of

nefarious reasons that lois lerner would hand over this information to the fec. can you think of any legitimate ones ? >> i can't, but i suspect that her response will be well it was another government agency. that was illegal as well, and she had no right. it was against the law to turnover the documents. it will go far in prosecuting her. >> might this be one of the many reasons, david, that she invoked the fifth amendment privilege against self-incrimination? >> that's interesting. she invoked the fifth amendment, but before she invoked the fifth amendment she said i did nothing wrong and i am innocent. and there is a school of thought that she waived the fifth amendment right there. >> well, one of the other things she may have done is this. let's put the next full screen up. this is prohibited disclosure. this is abuse of office. a public servant commits an

offense where he intentionally and knowingly misuses the government property services personnel belonging to the government. in other words if you use the vast power of your particular office and she had vast power, david, that's abuse of your office. that's also a crime, is it not? >> it is. one of the things that david and i spoke about is why would you put this in an e-mail? obviously it shows what she did was wrong and it is going to be hard for her to say i didn't abuse my power as the head of this department, but again i think that -- >> well what i was thinking was the abuse of office is targeting tea party groups for political purposes. it is yet another crime. >> i also read an article where they stated they looked at more liberal type groups, but not as much. i mean clearly these groups should not have been scrutinized more than anyone else. >> if you target a group for any purpose and you use your official power to do so, that's a crime. when i stated she won't be

prosecuted i think she should be prosecuted. a statement has to be made here. you cannot use your office to target groups whether it is conservative, tea party, liberal or anything. >> right, absolutely. >> what about this. she did tell congress repeatedly during the course of a year before she invoked the fifth, no, i didn't target tea party groups. isn't that arguably perjury and a false statement and put false statement up? this is a felony as well. 18usc -- what is the code section? >> 1001. >> look at that. if you knowingly and willfully make a false statement or conceal a fact in a writing or document or verbally -- >> right. and the proof of perjury is easy. the e-mail from the attorney stated on these specific groups and named the groups. that's what she responded to and handed over the information. >> the sec is saying, you know what, we were just looking for public information. not all of this private confidential information

protected by law, david. >> and has a good argument on their part. some of the information is public information. that's not the actual information. it is the private information. you don't want to hand over entire tax returns. that's common sense and there must have been an alterior motive to doing so. >> both of you are lawyers. what is taking so long in all of this. she invoked the fifth. are they trying to strike a deal for immunity in which she can put the finger of blame on somebody else? >> i think that's probably what is happening. i mean the fact that she stepped down and it has taken so long to me indicates that they are trying to find other ways to avoid a huge blow up. >> if you were her lawyer you would try to cut a deal. >> i would. obviously that's what lawyers do. they cut deals. the lawyers would have to go to the prosecutors, to the government to cut this deal. wos what is happening, but who

knows, it could be politics. >> she is the poster child are to at least republicans and a great many other americans for somebody who abused her office. cutting a deal could have repercussions. >> who of is representing her and who is looking out for what has happened they will make the best outcome possible. that's what we do as lawyers. >> this unconscionable behavior. it is not that you gave the tax returns. she lied to congress. it is a whole goulosh of violations. because she abused the system she should be prosecuted. >> she is retired with a good pension. good gig if you can get it. >> good to see you both. arthel? >> thank you. severe weather is causing problems across the country including powerful tornadoes ripping through some neighborhoods and causing major damage. a snowstorm could drop almost a foot of snow out west. >> and auto sales are soaring in the united states.

what encourages people to buy? coming up we'll tell you. ♪

it is the bottom of the hour and time for the top of the news. investigators say notes from the alleged l.a.x. shooter reveals his hatred for the tsa. they also say he was armed with 150 rounds of ammunition. paul ciancia was injured in a shootout with police. he is currently in custody in a hospital of a alleged looy killing one -- allegedly killing one tsa agent and injuring five others. >> funeral service today for

colorado sphrawt -- astronaut scott carpenter. he died at the age of 88. carpenter, the second person to orbit the earth after john glenn. >> and remember to put your clocks back one hour before you go to bed. many americans are getting the extra hour of sleep. it is the end of daylight savings time. >> spring forward and fall back. >> that's right. people in southern missouri are picking up the pieces after several small tornadoes there. one twister reaching wind speeds of 100 miles per hour and cutting a path of destruction 10 miles long. meteorologist janice dean is live in the fox weather center. >> a lot of people think the end of october and november, is it weird to see tornadoes right now? well it is the secondary season. your primary season is the spring and in the fall we do have another season of severe weather including tornadoes. one of the main ingredients is the clash of two air masses, cold and the warm, unstable

air. that's why we saw or one of the ingredients that we saw for tornadoes across portions of missouri and toward illinois and tennessee, we had 250 reports of severe weather. 20 of those were reported tornadoes on october 31st. our next storm system is moving into the northwest and this will move across the central u.s. over the next couple days and bringing us the potential for strong to severe storms midweek. we will continue to monitor this . for now we will see 6 to 12 inches of heavy snow across the cascades toward the inter mountain west. the next couple days in this area are going to be a little trying. it is going to be inclement and we could see gusts of 50 miles an hour. be safe if you live in this area and we will keep you up-to-date of the watches and rn whattings. greg, arthel, back to you. >> janice dean, thanks so much. >> thank you, sir. i thought there would be an animation.

didn't mean to life you hanging. auto numbers are booming. the big three car companies are all showing double-digit gains. what is driving up the sales. joining me now the managing partner at chap wood investments. good to see you. >> good to see you too. >> what is behind the boom? >> a number of things are behind the boom. one of them is that lower interest rates are making financing a lot more enjoyable and a lot easier at this point. when you take away a lot of barriers you can then start to create a positive environment and people are going to go out and start buying. when you reduce the interest rates which we have right now you will have a lot of financing. additionally you see a lot of people have more money in their pockets. the stock market has risen and people have more money and they have waited to buy. they are out there buying right now. this is a great time to be a car dealer. >> it is the end of the year and your paychecks are fatter and more money to spend on perhaps a new, shiny car.

>> that's something people forget. people contribute to their 40 1k plan throughout the year, which they should. if they max out on their contributions for the year, when that happens they will have a little more money in the paycheck. people are feeling better around the holiday season and start looking and see low interest rates. lower interest rates for financing. they are seeing demand and want to see the new models and go out and buy them. this again is a great time for that. unfortunately we have a lot of barriers in the rest of the economy. for car dealers this is a wonderful time. in fact, we are looking for one for my son right now. >> may i ask what are your options? >> yes. something cheap. >> i don't blame you. how old is he? >> he is young. it will be his first car. we will find a new car, very small, new car. not a small one, but probably a ford. we will get some good financing and will probably lease it and do exactly what a

lot of people are doing in this country and taking advantage of the low rates. >> why lease it versus buying? >> because probably when he goes to college we will try to get out of it, so we will get a short-term lease. we don't keep cars. we will keep a car for about four years or less. my son if he is watching he is getting a cheap car and it is going to be two or three-yearlies and he will be happy with it. >> and you know you mentioned that you switch over -- turnover the cars every four years, but a lot of people in recent times they have been hanging on to their cars for longer and longer and longer. they purchase them and they are hanging on to them. now look nelly bell will be put out to pasture so that time has come and the time is on the auto maker side that guys -- folks need to buy a new car. it is time. >> they do. i mean, remember something, cars now a days, these cars can go 100,000 miles. they can last a longtime now. how you finance it, the low rates are what are stimulating

this demand. ford is having tremendous growth overseas. you can't forget in china, it is one of the biggest groit areas for -- growth area for growth. ford trucks and cars are doing spectacularly. gm is doing well. our overseas growth is rail doing well and not just in the united states. the car industry is booming. >> ford has the good fusion. i have to let you go, but i am stuck on this. you rut money man -- stuck on this. are you the money man. you are telling me leasing a car is better than buying? does it depend on your -- >> if you will keep a car four years or less that's swhiew do. if you will keep it five or six years consider buying it. but with our car add in my family we get out of them. >> what about the big balloon though, the residual payment at the end? is that better now a days? >> well we actually don't do that. we just get rid of the cars and assume another lease. >> it doesn't roll into the new lease? >> no. you just have a time you get

out of that lease after that period of time and then go on to the next one. >> thank you. always full of great info. thank you. >> thanks for having me. >> what you don't get is the fair market value of your entire car once you own it because you are just leasing it. >> so you would prefer buying -- >> have i done both. >> i have too. >> it depends on your circumstances, but i have done both. a new natural gas pipeline in manhattan is sparking some major controversy. notwithstanding the federal government's approval, the critics say the operation raises some safety concerns david lee miller has looked into it. >> the first pipeline in new york city is now operational. the pipe stretches 20 miles from new jersey and to the hudson river and making its way to manhattan where it makes land fall in the trendy meat packing district. some of the gas comes from pennsylvania and it has reenergized the debate. what many critics find troubling is fear the pipeline

may contain] cancer causing radon and there is a concern about a leak or something else that could cause an explosion. like one in san bruno that killed several people. the same size blast here would be cat staw strophic. catastrophic. >> the explosion would be disruptive to a neighborhood that happens to be one of the most economically and historically available neighborhoods in our city. >> spec trough -- spectra energy says the pipeline is safe and will save residents about several hundred million a year in you tilly bills. utility bills. they say there is no public health threat from radon. they say construction is state of state-of-the-art. >> we have put in a number of safety features. we have inspected every weld. >> the government agency that approved the pipeline rejects criticism. it rubber stamped the project.

the federal regulatory agency says all voices were heard. >> we had numerous meetings and we have opportunities for public comment as well as the vocal or oral comment. these are all factored into the environmental impact statement. we had over 575 interventions, formal interventions and over 6400 comments filed. >> according to the government records there have been 72 gas transmission pipeline incidents. one of which was designated serious and caused two injuries. in new york, david lee miller, fox news. >> david, thanks very much. the prime minister of iraq is reaching out to president obama for more help fighting a surgeon. surge. will he get the helping hand he needs before it is too late?

iraqi prime minister making an urgent appeal to president obama and the white house this week. he is asking for more help fighting a growing influence of al-qaeda in his country. iraq currently seeing some of its worst violence since 2008 with more than 7,000 people killed by insurgents this year alone and threatening to wipe away all of the hard work done by american troops just two years after the last of them left. joining me now, retired navy

captain bob weld and security advisor to vice president dick cheney. good to see you. december 28th, 2010 he said american soldiers after 2011 are not welcome. get out. he claimed though he could handle the security situation. now all of a sudden he is changing his tune. gee, we need your help, united states. so what happened? >> i think he miscalculated. i think the united states has looked at the departure as a fundamental objective, and we have what we have right now. the points that prime minister minister -- the prime minister brought up to the oval office are well taken. his sense of urgency is something that should be listened to now. >> was it a mistake to uh seed to the demand by al -- al-maliki to get out or should we have some presence there,

status forces agreement should have been renegotiated? after all a lot of american blood was spilled there. >> i think it was a mistake. i think we should have gone the extra mile. we certainly had an opportunity to bring this agreement to closure with the government of iraq. i think we needed to essentially close the deal. i think prime minister al-maliki needed to have a little more empathy with regard to the american position. >> look, we have a lot of leverage, and yet we didn't bring it to bear to force him to try to include the sunnies and the kurds into his government. he is a shiite and he aligned himself with iran. is that also in part our fault? >> i think looking at the political dynamics of iraq which is always complex with the kurds and with the shiites and with the sunnies in particular, recalling the legacy of saddam hussein and looking at the sunni empower

meant and really the fresh taste of freedom that the shiites represents and felt in the person of president al-maliki certainly had its day in the sun. i think the united states could have been a little more insistent and persuasive especially with the diplomatic team we had on the ground to forming a better understanding with regard to the need for inclusion inside iraq and inside iraq's policy. >> let me switch to pakistan. huge news thereafter years of trying to nail the head of the pakistani taliban x u.s. drone strikes took him out and killed him. the pakistanis who had been trying to find him and kill him themselves had the audacity to summon our ambassador for addressing down. what do you make of that? >> i think it is a part of their overall sovereign see campaign. it is also important to note that the prime minister met with the president and that was his key point with regard

to stoping the drone strikes. we have to realize what the inability of pakistan has been in the recent past to manage what was going on and their federally traveled areas. they need to do a better job than to try to find where the threats are to not only pakistan , but to the stability inside afghanistan. i think we could have done a better job again diplomatically in the united states as well as with pakistan in making a better situation. >> in the overall war against terror which in smean regions of the -- which in many regions of the world are escalating and not declining. has the obama administration undertaken a dangerous a russ legalistic approach. >> i think he has. i think he needs to take a broader approach looking at the real global war on terror. the bush administration had it right. i think we need to ren fons -- reenforce the fundamental to

the american people that there are at war with us. and they are destabilized the forces and the shiite revival and caused greater instabilities. we need to be very much concerned with the global war on terrorism. i think we need to rethink our approach and be more concerned about these particular legal processes that the obama administration has undertaken jie. it doesn't require us to go to war. it requires some experience and intelligence and wisdom, does it not? >> i think we need more smart power. we need more of a focus on the middle east and more of a focus on this particular region. listen, i know the obama administration talked about a rebalance to the pacific region and that was needed, but we cannot forget the middle east. our friends and allies and treaty commitments, in particular saudi arabia and the gcc countries and the

countries like egypt that we need to continue to reach out to and double down in our effort. >> especially since al-qaeda is regaining its strength in northern africa. bob wells, captain bob wells, good to see you. >> thank you, greg. greg, a controversial policy at one of our nation's high schools separating some students from their classmates during lunch. parents are outraged. we will tell you all about that. plus, what is now overtaking catsup as america's number one one -- kechup as america's number one condiment. >> i vote for horse rash dish. >> i vote for salsa. >> a little barbecue. [ male announcer ] meet mary.

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separating students with poor grades for mothers. they also attend special classes before they are allowed to eat. now parents are expressing concerns over their children

being separated over their academic standing. school officials say, hey, this is really helping struggling students do better in class. maybe a little motivation. >> they are embarrassed. salsa. told you. taking the place of honor at the dinner table kicking out kechup as america's number one favorite condiment, but that is an appetizer thanks to the hispanic culture. we are munching on more tortilla chips than potato chips. brian is live in new york city with some food for thought let's just say. >> from burritos and rice and beans to chipotle flavored everything and tequilla these people are as american as apple pie and it is thanks to the growing influence of hispanics. americans are buying for tortillas more than spaghetti, macaroni and hot dog buns and

even bagels. salsa is now the number one condiment. sales were about double that of ketchup and mustard. >> we have a different country and a different set of consumers who are out there consuming most of the snacks we buy at retail. the millennium generation, the generation that comes behind them, they have grown up on hispanic food and ethnic food, grown up on tortilla chips and salsa. >> hispanics are the largest minority group of the mill 11 y'all generation, people aged 18 to 22. food and beverage sales totaled 8.2 billion of a percent from 2009 and that is expected to grow to a whooping 30% by 2017. but it is not just about hispanics buying more of their future. nonhispanics are looking at hispanic foods for quick, healthy and convenient alternatives. hispanic foods are incredibly diverse.

puerto rican cuisine is different from mexican, but this is a food trend that is here to stay. >> i love it, i love it, i love it. i love salsa and having tacos tonight. it is the bomb. doc >> "a healthy you" with carol alt is coming up.

welcome to "a healthy you." i am carol alt. what are gmo's? don't have a clue? don't worry. most people don't know. what is scare yes, sir is now people ingest them every day of their life and they don't know it. it is in our food and they could be causing you disease. plus, want to hear some staggering numbers? approximately two-thirds of the u.s. population is overweight. that's more than 105 million people. why is it that america is so fat? is it something we are doing? or something we are not doing? who better to tell us how to