public servants. and it's stupid that we have to make another law that combats another law. thanks as always for sharing your thoughts with me. keep them coming. we'll keep them right here on the show. thanks for being a part of the real story today. shepard smith reporting now live from the fox news deck. thanks very much. lots to get to today. but we'll begin with a foxnews.com reporter who said she would go to jail and would have had to do so before she would ever betray her journalistic efforts. an important moment for journalism and your right to now. let's get to it. and good afternoon to you and yours. 3:00 on the fox news deck in new york city. jana winter is speaking out about her victory in court. a state supreme court decision that is a huge win for freedom of the press. and for all of us who read and watch and listen to the news.

jana winter's year long court battle ended yesterday when new york state's highest court ruled she did not have to return to colorado to reveal her confidential sources. this all started with jana winter's exclusive reporting on the aurora colorado movie theater shooting. p the article is still at foxnews.com and the headline as you can see, xlmovie massacre suspect sent chilling notebook to psychiatrist. james holmes mailed a notebook full of details about how he was going to kill people. inside law enforce the sources say the suspect wrote in violent detail about how he would do the killing. it was an important piece of reporting that reveal that had authorities may have known about the threat posed by the suspect james holmes before the massacre occurred. attorneys for the suspect demanded to know who gave jana winter that information saying the sources had violated a gag order.

if she refused to give them the names or name, the judge could have her put in jail. that was until yesterday's ruling which stated that new york based reporters carry this state's strong protections with them, no matter where they report. our bhos, the fox news chairman and ceo called it a victory not just for journalists, but for democracy as a whole. jana winter is with us now for her first television interview since all that happened. >> hi. >> how are you doing? >> i want to thank fox and every. it is the most amazing family and i cannot even imagine where i would be or i can and i do not want to be there. >> i said it a million times. >> seriously, thank you. >> what happened was jana was reporting on the movie theater massacre. and you've reported on a lot of horrible violent stories that we've all covered. and she came up with some important information. information that was important for viewers to know or readers in your case. and after you reported it, what

happened? >> it was a year and a half ago, when y but the defense team after my article was published on the 25th, five days after the shooting, they were upset about the article and we're reporters. people aren't upset about what we write, then we're not doing our job. and thought that someone maybe had violated a gag order which was of course never proven. and i think there were whispers of a subpoena. if so, it didn't really occur to me as anything legitimate. and then a year ago from yesterday, on decemberth, 2012, the defense attorney at the end of a hearing said that he was going to subpoena an out of state reporter who happened to be in new york city and i was at my desk thinking how does he know i'm in new york city in and then high life totally changed. >> what they wanted you to do was come back and reveal your sources. they made you come to colorado at least four times and you were about to have to go again. the court compelled to you do

so. lawyers went with you. and they wanted you to violate a basic tenant of journalism snd that is that you get information from could not if i deny shal sources that is accurate and fair and believed to be important for those who read or watch your programming. and you were told have you lived to violate that trust. that puts a journalist's entire career at jeopardy. >> that would have never happened. i promised my sources i would keep their identities confidential. and would have ended up having to go to jail to do so. >> you were going to jail. >> correct. >> because if new york state had ruled otherwise, if new york state had ruled that it can't get in the way what haof what c wants, would you have been brought to colorado, you would have refused to reveal yours soirss and they would have put in y you in jail. >> that's correct. >> how did you process this thought of being put in jail for doing your job? >> it's horrible.

and i've had a year to stew over it and it sucks every day. i did watch orange is the new black which is not entirely encouraging. and tried to make sure that my action broth little brother would be in charge of watering my plants and figuring out how to survive if i were to be in jail. it's horrendous. >> the thing about it, it would not have ended in theory because the court would have said you have to do this, would you have said i'm not doing this, and in theory at least in practice you would have remained in jailyou said i'm not doing this, and in theory at least in practice you would have remained in jail for i don't know how long. >> indefinitely. >> there is a big difference between the two laws. new york's journalist shield law is the strongest in the nation by all accounts. it provides absolute protection for confidential sources and information even if the sources

committed a crime. it also provides strong protection for nonconfidential sources like outtakes and notes and stuff like that. and to breach that protection, a party has to make a showing that the information is central or crucial to the case. the colorado shield law even has less protection for confidential sources than nonconfidential information. under the colorado law, confidential sources can be obtained even if they're not central to a case. and the privilege can be overcome by a judge's ad hoc balancing of the various interests involved. this has the effect of making the colorado test far who are unpredictable which gives journalists like jana and sources far less certainty. so under colorado's law, you had to do this. the new york state supreme court ruled by a 4-3 decision that you didn't have to go. that was a surprise to a lot of people. >> i was woken p by phone calls from my lawyers and definitely

had no idea what they were talking about and still am in shock. people have told me that they definitely thought this wasn't going to happen, which they did not really share with me previously. but i'm still trying to process this. i'm just so grateful that new york understands the importance of confidential sources and news gathering and is really saying this is the state where you come here and you will not be subject to the laws or whim of a random injuries particulars that wants to subpoena your sources. meaning we can go and guarantee confidentiality and mean it. >> i worked in colorado for this channel for a lot of different cases. i worked for the jonbenet ramsey case, for tim mcvey, the trial was held there. and frankly was never aware that the confidentiality of my sources wasn't protected. how surprised were you? >> there is not a lot about this that isn't surprising, but i

definitely when people say i will give you this information only in exchange for keeping my identity confidential, you think, okay, i can make that -- if i say yes and i mean it, then that's an agreement. but apparently not. i would have had to go to jail, which i would have done, but i had no idea that was a thing. >> the lawyers tell us this is an unprecedented use of this shield law in colorado, that no one had been compelled in the way that you were to come back and give up this information. >> four times. >> and the information that was included is accurate as far as we know and would have certainly become part of the testimony. to say that it would be central to the case, i just wonder -- >> i don't know what the argument to that is. people have called it a side show. it's the not central to the

case. >> having had sources over time, had i been in this predicament the, i would expect for them to go you're not going to tell who i am, are you? sdf th dove did you have that kind of thing? >> i'm so worried that i don't even want to go to that. >> were you worried this would be a career he saender? >> i was worried it would be a i guy in prison ender. there nofs wwas no way i would p the names, so if it ended up my career because i was sitting in jail, so be it. >> what did your family say? >> they were all sorts of freaked out. my little brother, my dad, there were death threats all around.

>> death threats? >> oh, yeah. people posting information about my dad's like home address and all of his military history. pictures of my mom who died five years ago and her obituary. >> what were they upset about? >> it's kind of yunclear. i'm not sure they know. they just don't know it. >> our boss spoke of this matter yesterday after this case was resolved to say that we were concerned about this around here is probably the understatement of the day. a day didn't go by that we didn't think about someone who came to work to do her job getting thrown in jail for it. it was a mohorrifying thought because it could happen to any one of us. but you've done your job very well on this, you scooped the whole world and it was an important piece of information and roger spoke on it. >> today's rules is a major win for all journalists before the protection of january in a winter's confidential sources was necessary to preserve and

protect journalism and democracy itself in my view. so the highest court in new york did the right thing. >> you were in the middle of a personal storm. i wonder to what degree it dawned on you in a this would affect everybody in this business. >> i'm not sure anything has supg in even still. we talk to people. that's what we do for a living. i knew i was kind of in trouble when my fellow colleagues or competitors or people i worked with, when people studly sta ll suddenly started being very concerned. and i thought this is kind of a big deal, this is about what we do, all of us.and i thought thi big deal, this is about what we do, all of us. so that was sort of a lot of responsibility. this was a story covering

breaking news. this is the last thing i thought that would ever in a million years turn into this. but if this means that one of our colleagues in the journalism field doesn't have to go through what i went through and that sources will feel more comfortable opening up to reporters, hopefully us, then the public is better for it. and i'm honored to have been a part of that. and mostly i really hope no other reporter has to go through this. >> well, under the rules as they exist in some states, other reporters could have to go through this. and it was my hope that people across the country who are news consumers as so many of you are right now realize that this sort of thing would change what we get to know. this is about checks and balances. those without power against those with power. and the people in the middle who are disseminated gathering and disseminating information being able to do their jobs as laid out in the constitution and as a bedrock of this democracy. and by a 4-3 vote justice trim

triumphed. but 4-3 is close. >> i'll take it. >> had you not been in new york, it could have been another matter. what are you going to do now? >> he would like to go back to work and just be a normal reporter and do my job. i woke up this morning being confused like i'd forgotten something, but it was because i wasn't worried about going to jail for the first time. so hopefully i can just settle in and my lawyers are amazing and this company is amazing. >> you've earned that. i get you get it. all of us here are proud of you and thankful for you. the stand you took was a stand for all of us. and we recognize it. everyone hire recogniere recogn people from other networks recognize you. and good job. >> thank you. >> we'll be right back.

16 past the hour. the government's health care website is faster and can handle more traffic than ever. that's what kathleen secretary a peel yus told a house committee today. and she also said she would have done moor to prevent the disastrous rollout. >> knowing what you know today, you would have started the launch october 1st? >> i would have probably done a slower launch, maybe with fewer

people and done some additional beta testing which is part of what has happened frankly in the early months of the launch to identify what problems we had. >> the government released the numbers today and they show that more than 360,000 people have signed up for private coverage under obama care as of last month, that's more than three times the total from october. it's also fewer than the 1.2 it million people the administration originally predicted by enroll by the end of november. at any rate, there are around a million overall when you put it all together. secretary sebelius said nearly 2 million people have made it through the enrollment process but have not picked a plan. the deadline to sign up for coverage that would start on january 1st is less than two weeks away, though there are other deadlines coming. mike, some republicans are questioning these numbers as you might imagine. >> that's right. there is a question of when you're truly enrolled. that 365,000 number that we heard today is essentially those who have selected a plan. but some republicans say to be

an actual subscriber should involve the exchange of money, that you should yyou should hav check. michael bird went after that line questioning and said if they haven't written a check, do they have coverage january 1st? and she said, no, they won't have coverage. some republicans question whether medicaid will ultimately crush state budgets by a surge of people being put on the medicaid rolls. >> did any lawmakers defend the secretary at that hearing? >> there definitely were d democrats who were pushing back against the republican colleagues. and one from illinois says she thinks kathleen sebelius will go down in history in a good way in her leadership and predicts ultimately this will be a huge moment in history in terms of a positive. obviously there are many more hurdles for the health care what

you to go over in the months and years ahead, but bottom line some democrats are saying that she will go down in history in terms of being a key figure in terms of establishing this health care law. >> mike, good to see you. thank you. new testimony today in the case of that newlywed bride accused of shoving her husband off a cliff and murdering him. we're learning what an investigator apparently found at the crime scene and what seemed to be missing. it is an intriguing case. and it's part of our coverage from the fox news can desk this afternoon.

we have new details as i mentioned of the trial of the young bride from montana accused of murdering her husband just eight days after their wedding. a local newspaper there reports

deputy coroner testified today that he did not find a wedding ring or car keys on the husband's body. federal prosecutors say the bride deliberately pushed the groom off the cliff at glacier national park in july. she claims it was all an accident, that she pushed him in self defense during an argument. the prosecutors say the wife initially lied and said the husband had driven off with friends for a late night joy ride. investigators say she changed her story days later after leading park rangers to the husband's body. mel robbins is a trial attorney, editor-in-chief of inspire.com. there are a lot of problems with this not the least of which is this new revolution about the keys and the ring. >> well, this case reminds me a little bit and people will hate the to hear me say this, but casey anthony because basically we have a situation where, yes, cody is dead, but nobody

witnessed what actually happened which means you probably have reasonable doubt about what happened. but you said something that was really interesting about the fact that she changed her story. the truth of the matter is i think this case hinges what happened on the ledge but what the jury believes what happened in the days following the accident or the murder and what they think it means. >> and one of the things that they will learn is that she created a dummy e-mail account, an e-mail account that she pretended was from somebody named tony. and from this account, she sent from this nonexistent tony an e-mail to herself saying he jumped off the ledge. it never happened. >> well, there's a lot of hooey about this case. for starters, she lied in the days after the event to friends and relatives who were all on the stand corroborating and testifying for the fact that she lied to them about it. she then created the fake e-mail

account, created the fake person, sent the e-mail to herself, showed it to the police, carried on with the story. she len led the police to the body and lied again saying she knew where he liked to hike and then it was only days later that she came clean and she has since changed her story twice. but this is where the rubber meets the road. is she a murderer or is she a liar? sha if she looks the jury in the eye and says i'm 22, i was terrified, it was a terrible accident, it's a tough case to prove. >> thanks a lot. great to see you. pilot in a deadly crash landing is telling investigators why he was nefb rvous even befo the jumbo jet hit the ground. this is new video of the crash. see the plane upper left? look at that showing how a packed plane wound up spinning around like this.

plus whether you know signing plan or not, you likely have no clue what these hand motions mean. as it turns out, they don't mean anything at all. the weirdness that this guy came up with by accident. he is a fraud by all accounts. an investigation in the so-called interpreter at nelson mandela's memorial. how do you stoop that low.

there is breaking news now from the fox news desk. more headlines now, not breaking news. this is a fox report. a crane crashes up to on a supermarket full of shoppers killing one and injuring five others. that according to police near frankfurt, germany. rescue workers are searching for more victims. no word on what caused the collapse. police say dash cam video shows the speeding car that slammed in to a minivan and killed a couple on thanksgiving.

it happened on the ohio turnpike outside toledo. the video also shows cops arriving at the crash scene. witnesses say the driver was doing more than 125 miles an hour. he's behind bars on a million dollar bond faces charges of vehicular homicide. and the people's pope is "time" magazine person of the year. he had the tors say pope francis has changed the tone and perception of the catholic church in an extraordinary way since taking over.

sfloo just a day after rescuers found a family alive in the cold in isolated mountains of nevada, doctors have take released the mother and youngest child. the father and three other kids are doing well, but still in the hospital. theres say they suffered mild exposure to harsh weather and dehydration. remember the group went missing for two days and temperatures hit an unthinkable 16 degrees below zero.

officials say the family left the small up town of lovelock t lay in the snow and their jeep rolled over and crashed. but yesterday rescuers spotted the overturned jeep, found the family alive and well huddled around a fire. officials and friends say the group did many of the right things in order to stay alive, packing food and water beforehand, using that vehicle for shelter. and they heated rocks and spare tire in a fire that they made to keep themselves warm. man, what a terrific story. continuing coverage now of the health and human services kathleen sebelius and her testimony before a house panel today. we reported earlier in this news hour that she told lawmakers that if she could go back, she would have laufrpgnched the web more slowly to prevent the disastrous rollout. before the hearing on capitol hill, secretary sebelius announced that she has asked for

an internal investigation into the rollout and the performance of private contractors. let's take this all to the judge. is she on point? >> she is and she isn't. she's on point in that an investigation is needed, but she can't order the person who she has reported to order to conduct the investigation. here's what i mean. when congress enacted the in-sbin inspector general law that placed annen spector general in every department of the government, justice, defense, health and human services, they are totally independent of the secretary. so she can't tell them what to do. in fact they can investigate her before she can order them to investigate something else. so i don't know what's going on in her head. she's probably trying to get this off the front page by saying i ordered an investigation. she can't order an investigation. >> but they certainly want it off the front page.

people are signing up, they're putting out stories for people for whom this is working. sort of the same thing you've seen for people who it didn't work on. >> they don't want us to focus on the 5.5 million people who lost their policies and don't have them back and lthey don't want us to focus on who knew this would happen. >> where do you think it goes from here? >> you know, i think that the president has been damaged politically in his own party. most of the people that are suffering from there are lower class people who the president thought he would be helping. so i think the political reaction will be democrats in the congress, in the house, in the senate running for re-election in november who will want to distance themselves from the president personally and from the affordablely because t don't want to defend something

that harms their constituents. >> when you have control of the narrative, people start thinking the way the narrative plays out. >> the president was riding high a few months ago, he could be riding high a few months from now. it changes every day. >> i want to ask you about jana winter. you wrote publicly that you were predicting viber to a er tovict rest. i watched the oral argument and i was scared to death for her. >> well, i was afraid, as well. i know that the way judges like to operate and i was fearful that the case would go the other way. and i wasn't in the courtroom with you, but somebody september me a transcript of the oral argument. and i didn't want to tell jana, but from the transcript, i would have predicted it would go the other way. i was on the bench no many years. i know you can't always tell there what judges say in the courtroom how they will rule.

foreign highly my fears were not grounded. this is an extra our victory for exposing truth to power. people will no longer be afraid that if they come to journalist and say here is what the go. is doing, i'll tell you but you can't reveal that it's me, that their name can forever be kept secret and the public will know what's going on. it's not just the government. it's big business, anybody you want to blow a whistle on. the whistleblower laws work and journalists won't go to jail for following them. >> thank goodness. thank you, judge. the pilot in last summer's deadly crash landing says he was nervous about having to fly the plane by hand. in other words, without the autopilot. that's according to federal investigators who today held a hearing on the crash. back in july, that packed boeing 777 came into san francisco way too low and was flying too slowly. it hit the seawall before the run way causing the plane to break apart as it scraped todow

the runway and caught fire. today we got an extraordinary piece of video. surveillance video showing this landing coming in on the right there. and look what happens after it boums bounces. it kicked up the huge cloud of dust and started doing the loop deedy loops. it slammed down on the ground and proper apart. three did die in that crash. officials say one of the victims actually survived the impact but died after a fire truck ran over her during chaotic response. today investigators revealed the pilot said he was anxious about the landing because he had to bring the plane down manually because the automatic landing ski equipment was temporarily down. what else did we learn from investigat investigator, claudia? >> turns out the pilot wasn't the only one concerned. so was his trainer, the

co-pilot. now, that co-pilot expressed doubts about the landing pilot's ability saying he wasn't making normal progress with his boeing 777 training. the trainee pilot clearly felt enormous pressure to perform. he told ntsb investigators that as he realized his approach was off, he worried he might fail his flooit and would be embarrassed. he had less than 45 hours in that model aircraft and was about to land it for his first time in san francisco. he and the rest of the flight crew are not testifying at today's hearing. they were questioned in the days after the crash. the ntsb has made it clear that today's hearing is about trying to find out what happened, not to place blame or even make recommendations. however, the faa can use the findings from the investigation to enforce fines or punishment. >> and claudia, there is also a lot of worry about the technology in the cockpit, right? the autopilot. >> right. and this goes to the issue of reliance on those automatic controls in an aircraft.

experts say when the plane's auto throttle is placed in a hold mode as it was during in flight, it's supposed to reengage or wake up when it reaches minimum air speed. but at today's hearing, a veteran pilot for the faa said that during test flights, it didn't always work. a technical but important point here, so lots of questions about whether the auto throttle was operating properly and why the pilot didn't abort what he knew was a difficult landing sooner than he did. >> claudia, thank you. a man who was supposed to be the sign language interpret ter at nelson mandela's memorial service was apparently no interpreter at all. he's the guy on the right obviously doing all that stuff. officials say the deaf federation says the gestures dpts mean anything. occasionally he would sign something weird and out of context that didn't mean anything. there are many different forms

of sign language and experts say he was not using them. >> it wasn't any kind of sign language because when the movements were the same regardless of what the speaker was saying. it's like at the united nations they were interpreting into another language for a foreign dignitary and it was gibberish. >> they had used him before and there had been complaints about him before on many occasions. the word is that he didn't even use the signs that are commonly used in south africa for people like mandela and the president. anyway, whoever this guy is he got very close to several world leaders including the president of the united states. officials in south africa say they are investigating. in the meantime, the british prime minister david cameron is defending the selfie that he took with president obama and the danish prime minister at yesterday's memorial. if you've not seen it thi, in t the image. sometimes i go what are you talking about?

prime minister cameron suggested the trio was merely paying tribute to mandela. >> nelson mandela brought people together so of course when they asked for a photograph, i thought it was only polite it say yes. >> the photographer who caught the selfie said it happened hours into the ceremony and people were singing and dancing at that particular time. anybody who needs something real to worry about, hit us up on twitter. the body of a u.s. marine returned home without his heart. think of this. a young marine had given his life for this nation. and somehow his heart is gone when his body comes home. now they're suing the united states government saying this is all part of an elaborate coverup. the details as we have them thus far of this american hero coming right up.

. deadly cold temperatures are threatening people in the upper midwest and northern plains. look at tonight's lows. these are not feels like temperatures. these are real temperatures. minus 9 take looduluth. even down to iowa city. and chicago? 0. windchill warnings have been issued. could feel like minus 50 in some parts. meantime folks near the great lakes could be in for 2 or 3 feet of though. buffalo always gets it off the lake. here in the northeast, forecasters say we could be in for more snow this weekend. fwrssn and a photographer in russia set up a camera to take extremely close up photos of

snowflakes that fell on his balance could not a balcony. we have a slide show of them.cl that fell on his balcony. we have a slide show of them. these pictures are incredible. he used an old school camera, said he used a glass back grogr for those that look lirt. a lirt. and the darker, a woolen fabric. but that's a snowflake. he has lots of different pictures here. i don't know how in the world you come up with this. he's an amazing photographer obviously. we just thought they were cool and you might like to see they will. he used film for this, no digital stuff. and we like them so we shared them. the parents of a fallen marine say medical examiners in greece performed an illegal autopsy on their son and took out his heart. now the family is suing the united states government accusing government officials of trying to cover the whole thing up. here is a picture of that marine, the military reports that 21-year-old shot himself in

the head last year at a party in athens where he was working at the united states embassy. his parents say they did not know his heart was even gone until after his funeral when another officer told them about it by accident. months later, the greek government september whnt what was their son's heart. they did dwchlt n a tests. it was not. the defense department says they to not comment on ongoing lawsuits. a spokesman for the greek embassy said official this is greece kept the heart for toxicology testing. but that spokesman would not say whatever happened to it or why the family received somebody else's heart. let's get to christopher. he's a former prosecutor. this is weird. what to do you make of this? >> this is very weird.

this has been going on since august of 2012. this family has endured one hardship after another. when they first heard news of their son committing suicide, that's hard enough. that's something parents don't ever want to have to hear obviously. they only learned later that the son that they buried wasn't totally intact. as time went on, they have been trying to unravel the mystery. >> the greeks say they kept the heart for toxicology. toxicology was authorized. and the parents say was ill legal. and then when the family asked for the heart back, they sent somebody else's?and then when t for the heart back, they sent somebody else's? help me make sense of this. >> i'm not sure anybody can. this is part of the miystery. fundamentally, i think this was in violation of the convention on diplomatic relations. bodies of u.s. personnel who die

on foreign soil are in-viable. and there is no autopsy permitted withoutconsent. and there was no consent given. but the body was left unattended apparent floily for a period of days. so this young sergeant was sitting in a greek morgue for six days before the autopsy took place. apparently they took out the heart and then flown back to the united states and the missing heart wasn't discovered until he returned to the united states and had a second autopsy done at dover, delaware where the joint forces medical examiner did the autopsy. so this is very strange. and of course you probably will never find that heart, but what the family has had to endure is really tragic. >> yeah, it's been a horrible ride for them. christopher, nice to see you. thanks so much.

for the first time, we're hearing from the man who spent three days trapped at the bottom of the ocean. it's quite a day, isn't it? what he has to say about the rescue. and being the only survivor. that's next. has to say about t rescue and being the only survivor. that's next.

seven minutes before the hour. the man that survived three days trapped inside after sunken boat, and there he is, says he will never again go out to sea. he says he made that promise to god in exchange for letting him live while the rest of his crewmates drowned. this happened back in may off of the coast of nigeria in the atlantic ocean. this is the first time we are hearing from the survivor. the video is from the rescue divers who found the guy days after while they were looking for bodies in there.

instead they found him alive. he recently described this moment of the boat capsized before sinking to the bottom of the official. i started rowing back into the vessel. back into thees havel and the force the water pushed me. >> the force of the water pushed him. he survived by staying inside of an air pocket. but the oxygen was running very low. he says he's constantly haunted now by the fact that he was the only survivor. trace gallagher has more on this. this guy had no warning the boat was going down. right? >> you have to remember, the boat was towing an oil tanker off the coast of nigeria what it was hit by a wave and it flipped over and capsized. the man trapped said that at first he was terrified because

of all of the scrambling and panic and then he was sure the air pocket he was inside would fill up with water at any moment. for a while he was afraid to die but then, he says he began talking to god and if death was to come, let it come. listen to him. >> i thought of my family. i thought of my mom, my brothers, my wife. i had access to none of them. no way to get to them. i know i'm going to die. but the only thing that put my hope on trust and confidence this is god. >> he said he told god that he had done his best and the rest was up to god. >> three days under water. did he say what he did all that time? >> he says he lost track of time but he was sure that the time was passing because the oxygen inside there, as you said, was starting to get much thinner. he said he continually started praying and praying. then it is weird, because he says at first, he heard all of the scrambling and then, he

said, it got silent. listen. >> >> i couldn't hear the voice of people anymore. i was hearing a particular voice but not anymore. somebody is drinking water before i heard but i didn't hear the voice anymore. >> his crewmates were locked in their cabins to protect them from pirates. that turned out to be a deadly decision. >> trace gallagher, live for us. thanks. we will be right back.

on this day in 1719, folks in new england made the first recorded sightings of the northern lights of the united states. as the story goes, people watched the sky explode with a strange red light. some of them apparently thought the world was ending. of course, scientists now say the stunning display of color fills the sky when high energy particles interact in the upper atmosphere. we see it more often in spots closer to the north pole but the aurora borealis painted the

skies above america 294 years ago. i don't know what got into the dow today. it is angry. weak earnings report had something to do with it. they need to relax. all right now? we will break in when news breaks out. get ready to pay up for that patdown. >> we're going to do that two times in the front and two times in the back. >> we could do that but if you test my junk i'm going have you arrest. >> forget testing your junk. to the new tax the fliers may want to junk. i love that audio. welcome, everybody. i'm neil cavuto. when these two got together to try to fix the budget they put fliers in effect because each time you fly you will pay. and now what you pay is about double what you