over your shoulder any day over the 150 different phone conversations. thank you for sharing your response today as always. and thanks for being part of the real story. shepard myth reporting now live from the fox news deck. >> we begin with a fox urgent from the trial of the newlywed accuse of shoving her husband off the can cliff and murdering him. the wife has just agreed to make a plea deal. plus, we're waiting for a big vote to allow phone call0s 'flights. we could know any minute where the feds will allow them. let get to it. good thursday afternoon to you and yours. fox urgent now. the new bride in montana accused of pushing her husband off a cliff eight days after theiring we, now admits she did kill her husband. in closing arguments were got to get underway. we learned the bride agreed to plead guilty to murder in the second degree.

federal prosecutors say the wife deliberately pushed the husband to death in jail, shoving him in the back with both hands. she originally said it was an accident and then she told another story about him going somewhere with another couple, in other words, the lies were flowing. minutes ago she agreed to plead guilty to the murder. she had already pleaded not guilty to murder in the first degree. the prosecutors yesterday played a recording from an fbi interview, one in which the bride said, i pushed him and i took off. she also said, it was a quick thing. i just wanted to get him off me, and i don't feel like i killed him. i mean, pushed him, about it was all an accident. now a change of heart and a change of story, and william is live in our west coast news hub this afternoon. does this plea come -- comes after the trial was pretty much over.

>> reporter: it's interesting the plea deal happened before jury deliberations even began, and there were even no closing arguments. under federal sensing guidelines she faced up, with firth de, life in prison. second degree, looking at 19 to 25 years if the judge accepts the deal, and he hasn't done that yet. things moved quickly today. the prosecutor wrapped up his case after three days of testimony. the defense only took three hours. closing arguments were scheduled by mid-afternoon but before that was announced, we had a deal. the state agrees to drop other charges, and like lying to police. the judge, as i said, has not agreed to accept the deal yet so the jury is still out, if you will. they did not even here of these negotiations. graham had been married for eight days before she allegedly killed her husband, cody johnson, she admits to pushing him off the cliff. she says it was an accident. the state maintained it was intentional. >> what did we learn from testimony that may have led to

this? >> reporter: you mentioned the things about her basically -- the fbi playing this tape where she admits, i pushed him, and then i left. jordan graham, the state wants you to believe, is stone-cold killer and a liar, and that she bexley pushed him over the cliff. she says the lies are not evidence of guilt but only a scared, panicked, 21-year-old. not only did the fbi tape get played, but also the state showed photos of a black box, and alleged blindfold it says graham used pushing cody off the cliff. he boasted he could get around the park blindfolded. the coroner confirms the story when a black box was found next to his body. as to her character, one friend said she showed no emotion when she saw her husband's body before the cliff. another said that she had said

she was boasting of her dance moves just hours after his death, and the brother even complained that jordan lied so many times, the police said he was upset. as i said right now, the judge has not accepted the deal so we'll find out hopefully later today. >> william in los angeles, thank you. let's bring in a guest, aphrodite jones, host of true crime, on investigations discovery. there was a lot of evidence here. >> a lot of evidence, all circumstantial, remember. there are no witnesses. in my show they did an episode in martinez and i was asked, what is the belles way to kill someone, and i kept pointing to the mountains, push them off the cliff. but police told me that. if you push someone off a cliff and call 9-1-1 you committed the perfect murder. they'll never be able to actually get a jury to agree that wasn't an accident with no witness. so the fact these two people were on a ledge together was

really -- >> at night. >> at night? strange place for her to get him to be or him to get her to be. could have been argued by the right defense team that he lured her there, that he was -- she sent some texts out on july 7th saying that he was -- had a temper, and that was why she had a problem with this marriage. so, this could have been argued, clearly she felt, and her team must have felt, that -- whatever it was, blindfold, the cloth near his body, would have perhaps convinced the jury that either was premeditated or certainly wanton disregard for life. >> she had contradictory stories and she had a jury she was going to try to find someone who might say, well, make she was just an upset and confused young bride. it seemed like a stretch. and it must have to the defense

attorneys as well. >> i believe that the defense attorneys didn't have a defense. if they had a defense, if they had witnesses who could have brought forththe fact he really, truly had a temper. she had a problem marriage, he could have been the aggressor, maybe they stood a chance. she at the last minute decided to back down, and then you wonder, did she really calculate this whole thing? did she honestly calculate it? or was this an accident, a second degree murder, wanton disregard for human life. he grabbed her and she pushed him. that question will always ring in everyone's ears. >> good to see you. thank you. >> thank you. >> the house speaker, john boehner, is now lashing out at a conservative critic of the bipartisan budget deal for the second straight day. the internal fighting within the

republican party has gone public. john boehner is saying they have, klose, lost all credibility. here's a live look at the house floor where lawmakers are on track to vote on another bill today. speaker boehner indicated he expects it to pass and conservative special interest groups have been pulling runs into unnecessary battleds like the showdown that led to the recent partial government shutdown. >> i came here to cut the size of government. that's what this bill does. if you recall the day before the government re-opened, one of the people that -- one of these groups said, we never really thought it would work. are you kidding me? >> well, some conservative critics fire back saying the budget bill would increase the size of government, that speaker boehner and other republican leaders say it would put in place a spending plan for two years and avert another partial government shutdown next month. now to the upcoming vote and the details of the bill. carl cam-on-live in washington -- cameron is live in

washington. this fight has gone public. why is the speaker picking a fight. >> political pushback against people driving him crazy. these groups have been undercutting boehner as the speaker for years. he is a republican and a constitutionally sworn officer to make government work, and some groups like the heritage action, club for growth, very, very fiscally conservative organizations, freedom works, closely associated with the tea party, and a whole bunch of others, pushed this shut downstrategy a couple of months ago and afterwards they all said they knew it would fail. so boehner is not going after members of congress who backed shutdown politics and have given him a hard time. he is attacking the outside groups help asked what he thought the groups' reaction was, he says he doesn't care. in his mind they have no credibility left. >> these outside groups have been putting up all the money for these more conservative, sometimes tea party candidates.

there's clearly a divide in the party. makes it harder to get elected. >> they put together this deal which is a guideline for spending, very broad parameters and lots of ways it can go wrong when they start passing the bill. the other thing is the democrats have a similar split. a lot of liberals are upcertificate because unemployment insurance which is set to expire three days after christmas that, they wanted it extended and that's not going to happen but the chairman of the senate budget committee, patty murray of washington, who put together the deal without the extension. so that was part of the compromise there are lots of thing that democrats and republicans don't like, but even nancy pelosi, very liberal, says this will pass even without unemployment insurance extend. >> we're very unhappy, but not enough to say, therefore, we're going to make matters worse by

not having an agreement. >> so, the house will vote at some point, late this afternoon or early evening. it's expected to house. the house heads home for christmas tomorrow, and the senate votes next week but it has to be exactly what the house passed. >> thank you, pal. >> the senate is busy battling over nominees. republicans have been speaking nonstop since yesterday, and a time lapse of it. thaw like funny going fast, and they're still at it this afternoon. a live look at the floor right now, mineus the speedum. republicans are delaying a series of nominations in retaliation against democrats because they changed rules in the senate last month so they development need a supermajority anymore for nominees. democrats can end the republican filibuster with a simple majority vote of 51 instead of supermajority of 60. the change does not apply to supreme court nominees. the senate did manage to approve

one nomination this morning but analysts say the republicans have the power to drag out the process and shut everything down and this battle could last until saturday or longer. working hard for us in washington, let me tell you. should cell phone calls be allowed on planes? the federal communication commission is about to vote on that. i have a guest coming up here in a minute. i know because the guest was pre-interviewed, and the guest said actually people really like to fly. sir, have you been on a plane in the last ten years? the reason they don't want the phones -- we'll get to that, whatever they're going decide. this is "shepard smith reporting" from the fox news deck. niece -- nice to have you here. block

14 minuteses pennsylvania the hour. a federal panel is about to take a vote that could mean a very different experience everytime you fly. the fcc is debating whether to allow cell phones on planes. not just to allow them on there but allow you to use them and talk to people on them. not just on the group but when you're cruise agent -- cruising at 35,000 feet. now the fed admit making phone calls in flight won't hurt anything.

here's the fcc chairman. >> this is the responsible thing to do. the rationale for a rule to exist, the rulen and exist. we are the expert technical agency, and new technology removes the technical justification of this rule. >> might sound like good business to travelers trying to close a deal, but busy parents checking on kids might like it as well. a lot of americans don't want to hear the guy in 15e basketballing away. i know i don't. according to this "associated press" poll, 48% of people say they want the feds to keep the call ban on. just 19% say they want to allow them we haven't been able find these people. 30% claim they don't care. the issue has been trend egg on twitter and we have had a hard time finding a single human being who supports the change. cell phone calls should only be allowed in planes in flight if the person steps outside to make the call. of that i'm a fan. very good. >> please no phone on plans.

it's hard enough to listen to kids scream or stand in line for the bathroom or basketball about what -- babble about what they did for yesterday that no one cares about. that's just babble on, like they think they're the only ones there. whatever. prediction for 2014, in-flight assaults dramatically increased due to cell phone use on plane. the idea does have some supporters, like the aviation consultant who wrote this column, and i believe it is right here. this is from u.s. news and world report. he points out some foreign airlines, overseas airlines, have allowed cell phone calls for years. he says it's hardly the annoying problem that many flyers fear. oh, really? the fox business network's rich has the back story on this is -- and is live in washington. what are they saying at dca? >> they're split, not 505.

most of them don't want to hear anybody else talk only a cell phone and they're happy to forego their right to talk on a cell phone themselves, as are some of the commissioners on the fcc who are debating whether or not they should allow the ftc to continue considering whether to allow the cell phone calls. a poll, 59-30 against having cell phones. the fcc chairman testifying says he doesn't want to sit next to anyone talk on their cell phones. just the fcc is making a call on the technology. >> the last person in the world who wants to listen to somebody talking to me while i fly across the country. but we are the technical agency and we will make a technical rule that reflect the way the new technology works. >> so shep, even if the fcc allows this, don't worry, there still is the faa examining this and the safety, and also a bill in congress that would circumvent the entire process and make it illegal to talk on

your cell phone on a flight. >> thank you very much, rich. let's bring in tom, regular on "red eye." you say that we should like to fly? >> people like being on the airplane. you see all the responses on twitter. it's not because they're afraid of hearing people talk. we hear them talk any. you hear the person talking to their son or daughter. you hear them making announcements on the plane. the thing is, people like to -- i see them. they sit on the -- >> people like to be on airplanes? i don't know these people. >> you are a businessman and you're reachable at all times. when is the one time no one can barret you. >> it's on the airplane. >> but they can because you get the wi-fi and you can do anything with that. i can get my gmail on there. >> it costs money. most people don't do it. i see them when they're -- they say i can't talk right now. we have teal with this later, i'm getting on a plane.

and you see them sit down -- >> a lot of people talk eight times as loud on the phone -- >> that's the issue. i'm going to demonstrat to you. >> i'll be right there! the microphone works. stop screaming at the cell phone. >> that's what people have to learn. >> if you're on a land line, you talk like a normal human being. but when you're on the cell phone, it's as if everybody else is deaf. >> they think it's the old instrument with the cans and the string, they yell. >> can you hear me now? >> you don't need to do it. people can talk like this -- that's what they should announce. when you use your cell phone, talk in a normal volume, and they have the little microphone? people left it up and yell into the microphone you don't have to do that. the microphones have limit efforts. when you talk louder, it makes your voice softer. >> i love it when you're seated

and everybody brings out a laptop and ipad and they start using it. that means you're not going listen to them. i like it when the person sits down next to you and does not glance at you, like good new yorker, doesn't even recognize you're there. >> i'm that guy. >> i -- i put my head phones on and don't turn them on. >> the is no canceling head sets, have a noise canceling mask. then you get the head set and you can be your on e own top gun. >> remember the egg that lady gaga used. we should wrap everyone in something like that and wheel them on the plane. >> have our own helmet, and talk, maverick, i'll be home in two hours. >> it's bad enough they allow the little animals on there if they let people start talking on the phone they have to pass out xanax. >> people are not worried about hearing voices. they're worried their boss can

call them during the flight. they want their own time. >> i'm very worried about those people talking. there might be violence. >> we're waiting for the ruling whether they'll ruin our lives or save our lives.

this group of rich teenagers in california, found out a house was empty, had a great backyard and huge pool, and they got on social network and said, let's go there and have a great party, which they did. but a group in that group broke into the huge mansion -- they were outside -- in los angeles, la habra. the trashed the place and walked off with items, including a

quarter million dollar mounted snow leopard. the sheriff says it happened last month in this mansion in la habra heights, suburb of los angeles. here's how the sheriffs captain describes it. >> there was a ghost party or mansion party they call it. the suspects go online, look for properties that are high expend are for sale and appear to be abandoned. this particular place, the owner was -- the property was for sale. but he was out of the country at the time. so, the suspect hosted a party, charged a fee, and 100 plus kids are so attended the party. >> the teens stowed everything from mid eve val armor and cube good gear, the total damage $1 million at least. the cops tracked down most of the party-goers after they took

selfies with loot. and then uploaded the pictures. very helpful for the police. >> fewer than half of americans have about an flu shot but it's a slight jump from last year. that's according to the cdc. it released its annual flu report showing data from last season and estimates for this current season. officials say flu shots prevented roughly 79,000 hospitalizations last year. about as big as a sold-out crowd at any nfl game. vaccinations prevented more than 6.5 million flu-related illnesses. burt analysts say fewer than 40% of us had gotten our flu shots by early november this year. that last year at the same time the number was 36%. health experts say young children and senior citizens have the highest risk of developing serious flu-related illnesses.

jonathan, are these age groups most at risk -- the oldest and youngest still in. >> it is indeed. you look at the age spectrum, and on the younger en, the very young, have immune systems that are not fully developed, and on the older end, you have folks with weakened immune systems. so that's why cdc officials say it's very important for even more people to get vaccinated. take a listen. >> because we do think that influenza vaccines protect ones self-and produce the chances you'll spread the flu those around you, particularly babies under six months who are too young to be vaccinated. the frail elderly whose immune system doesn't respond as well to the vaccine. >> that's because, shep, when you look at vaccine effectiveness, that, too varies according to age. you have a range, from 58% of

effectiveness among children between the ages of four years old and younger, to 32% effectiveness among seniors who are 65 and older, that according to cdc estimates. the fda licensed a high-dose vaccine for seniors that preliminary studies suggest delivers a more effective immune response than standard vaccines, and a study shows a vaccine which protects against four flu virus instead over the usual three, may lower the risk of severe flu illness in kid ages three through eight by as much as 73%. so more options are becoming available. cdc officials say, although the vaccine is far from perfect, it remains the best defense against the flu. shep? >> it cannot give you flu, no matter what. >> amen. >> jonathan good, to see you. flu vaccine cannot give you flu. but once you have flu or cold,

you got to go to the doctor on occasion, right? maybe not so much anymore. if you were with us during gretchen's hour, i showed you about the doctor you can visit online without leaving your house, without standing in line. what can the doctor give you? can you see a specialist? we have all the answers, a healthcare alternative and we'll have it for you right after this. block

more of the day's headlines. retail sales jumped by more than half a percentage point in november, the biggest spike in five months, according to the commerce department. the feds say with the holiday season in full swing more folks are relying on cat logs -- catalogues and the internet. a small plane crashed of the state of hawai'i and it killed the health official who verified the awe then tisty of president obama's birth certificate.

other people survived. the airline's owner says engine failure caused the crash. >> police say somebody tossed a hand grenade at a van carrying british tourists in kenya near the coast of the ocean. there is no word of anybody hurt. >> when we come back in just a moment, want to see a doctor over your phone? there's an app for that and it's cheap.

getting insurance under the affordable care act may be the least of your problems. that's what some doctors said on capitol hill. if you want coverage starting january 1st you have to sign up by december 23rd. one doctor says the challenge may be using that coverage. >> we're now at t-minus 20 days and counting. the doctors and the patients are going to be having extreme difficulties in accessing care. >> the doctor says she lost her plan because it did not comply

with new regulations. one democrat today at the hearing said before the affordable care act, 50 million americans couldn't get insurance at all. our main man from the white house, ed henry, has the news. what is the white house saying about those who want access by the beginning of the year? >> reporter: they're vowing that if you sign up and go to the web site and get the paperwork done and get your check sent in, by 11:59:00 p.m. on december 23 good morning you'll have insurance on january 1st. but yesterday kathleen sebelius testified and acknowledged the back-end systems pat they be insurance companies are not built. they says some of that won't be ready until mid-january. that makes you wonder whether or not they can make all this work by january 1st if some parts of the system won't be ready until mid-january. jay carney insisted it well ready, but republicans are

skeptic. >> reaching out to everyone who is involved to make sure they're communicating with their insure sore they follow through in a way, that if they enrolled in order to get insurance on january 1st, they're taking all the steps necessary, including knowing when their first payment is do so that insurance kicks in on time. there's no higher priority. >> we have spent the last year trying to protect the american people from the consequences of this healthcare law, and if you look toward next year we aren'ting going to continue to look for ways to protect the american people from what is happening out there. >> so basically, january 1st, the new deadline to make sure people have insurance -- the last deadline was october 1st. the white house was not ready. jay carnie says the president is more permanently -- personalitily hands on. >> another one i have been watching for a long time now,

there was another dustup about the amount of access that people who are assigned to the white house get to the president. >> this is an administration said they would be the most open and transparent of any in history and today what is new is that the head of ap photos did an op-ed piece, saying the president has been hypocritical, up democratic, by not allowing the same access for news photographer-tv and still photographers, that the white house official photographer gets. jay carney pushed back on that by saying this is the natural tension between the presidency and the press and vowed they'll make changes to improve transparency. >> there is absolute agreement that there is -- there's no substitute for a free and independent press reporting on a presidency, the white house, on congress, on the government. it's essential. >> reporter: a quick example.

on the flight back from south africa, the hispanic moment with the current president and former president bush flying together with their wives. we were told it was a private, closed event, and then an official white house photograph of them meeting and interacting was released on the white house web site. the press is arguing basically they're sort of this shadow media from the government putting out this information, not giving us the same access. >> ed henry, good luck with that. >> good to see you. >> thank you. you, too. well, flu season, you can now visit your doctor and get a prescription all without even leaving your house because there is an app for that as well. it's called "doctor on demand." launched in 15 states this week. states from new york to california. according to its web site it allows patients to talk to a doctor face-to-face using a video camera on your smartphone or tablet. physicians can offer a

diagnosis, even prescribe some medication. it's $40 for 15 minute session so $40 to visit the doctor. what do how pay in copays? and the goose get -- the gas to get there the folks behind the apps say it's meant for nonemergency medical issues. let's get to dr. pat vasu? >> how are you in. >> he's on the ipad here. we figured we might as well do it the way you'll do it and because this is television, we stuck it up on the big wall. so doc, i come to you and i'm sick, a headache, my messed up, my sinuses are messed up. what can you do for me? >> sure. so, we can do a lot. for things such as coughs, colds, flu, urinary tract infections, a lot of common ailments worth hundreds 0 millions of visits in the united states every year.

we can accurately diagnose and treat those conditions and cases that need further followup, we can give you a medical opinion. >> they're like a thousand dollars involved and you can pick up your ipad and do this, always somebody available, right? >> that's correct. right now, with our launch, we're in 15 states across the country. a thousand dollars trained and licensed in each specific state that can handle your calls. >> i wonder, when the doctor says, cough, cough, check, checks the pulse, check the bloop -- blood pressure, thosing theirs we need and if we use this, we'll miss out on that. >> that's a great question. so, for chronic care conditions, for things such as checking diabetes, blood pressure, things that are sort of longer-term chronic care issue, vital signs, those are important obviously

for diagnosis that rear radiology such as a ct scan or laboratory editions, those are things we say you have to get revved on to put a lot of things such as a urinary tract infection, signussityus. the stomach flu, your child has a cold, you don't know exactly what is going on. we can really make a pretty good diagnosis off the history, off the video connection. we can have you upload a photo. if you have a rash, we can look at that. a lot of -- >> how do i get the app? i'm running out of time. >> sure. so, www.doc on demand is the web site, or go to the app store, itunes or android, and download it. >> i can't give you a big wall but you can talk to dr. pat right here.

breaks news. the federal communications commission has made a decision on what to do about flights -- about talking on the phone on a plane, and we'll bring it to you right after this.

now the breaking news from the federal communications commission. they were to decide today, should we be allowed to use our phones on the plane because all this crap they have been telling bus about you can't use your phone on the plane, was exactly that you can use your phone on the plane should we be allowed to? they've decide toed not to decide. rich is in our -- reagan national airport. i guess better than the wrong decision. what's wrong with these people? >> they could have killed and decided not to. nobody a narrow vote they said they're going to move ahead on their plans and consider allowing you to talk on your cell phone. from here we can comment, and

they'll craft a regulation that will either allow you or not to talk on your cell phone. the fcc doesn't have the final word. the faa is looking into it. they can stop this in its tracks, and congress. a house member put forward a bill that would make it illegal to talk on your cell phone, and now a bipartisan pair of senators have unveiled a bill that would do the same thing. lawmakers are looking at the polls on this one. most americans, two to one margin, said they do not want to talk on the phone, and more importantly, their fellow americans and those next to them to talk on the phone at 25,000 feet. >> hear the lady speaking behind you? >> listen. >> i've always been curious. how come that woman's voice is in every airport in america and how does she make her way around so often? >> reporter: i don't know. in hawai'i she says mahalo. >> tell her hello if you see

her. >> reporter: will do. >> no decision from the fcc, at least during the christmas holidays you wasn't have to listen to people talk on the phone to you, just listen to them talk about every other thing they could be quiet about. we have important breaking news. a federal judge has just accepted a guilty plea from that montana newlywed, accused of pushing her new husband off the cliff. she was charged with murder in the first degree, and then she decided to plead guilty, to murder in the second degree. prosecutors in exchange dropped the first degree murder charge and a count of making a false statement to authorities. she had faced the first charge, which meant the crime was premeditated. she is meeting to a lesser charge. we do not know what the sentence will be but we just learn the judge is seasoning this plea of

guilty of murder in the second degree. a teenager who got behind the wheel drunk and killed four people, found guilty. guess how much time he will spend in prison? his defense team argues he is a rich kid and as a result, he did not know better. i'm not even kidding. they called it, afluenza. affluenza. is next.

now that affluenza defense. the teen image who killed four people while driving drunk in texas, very, very drunk in texas, teenager, will not be going to prison. instead he'll spend ten years on probation because his wealthy parents never taught him right

from wrong. that is essentially the argument that his lawyers made successfully in court. the deadly crash happened in june. near ft. worth. investigators say this 16-year-old stole beer from a convenience store, got to three times the legal limit of drunk, and then drove off in his father's pickup truck with seven other people. the blood tests, three times the legal limit. and then he plowed into and killed four pedestrians on a rural road. cops say the teen was also speeding. prosecutors fought for a sentence of 20 years in state custody, but defense attorney says our client is from a amendmenty family and his parents never held him accountable. a psychologist called the condition affluenza, and just this week, judge sentenced the teenager, who is afflicted with affluenza, to probation instead of time behind bars. >> evangeline is a defense

attorney and joan joins us now. >> you'd think it is a disease, you can get a shot. it's junk science. i don't know how this judge bought into this. it's a joke. first of alling if you'ring into introduce a defense it has to be credible, re liable, and testable, and used. it's never been used before. so, i hope to see an appeal in this situation. >> this kid blew over a .2. there's a 52-year-old man and a couple of teenagers dead. they were walking down the sidewalk and got mowed over by this teenager and he won't spend another day in jail. >> instayed he will be sent to newport beach where he can go suntanning, jump on a surf board, who knows what. a court order prevents his parents from speaking to him. >> so who is talking care of him. >> some type of therapeutic environment. that's the argue. the defense attorneys made. we'll see what is going to happen, if the parents will go

into court six months from now once this is settled and say we'd like to have this court order removed. >> there's been a lot of feedback online about this. it's been report fed a lot of places. some of those interesting comments were along this line: your defense is that his parents never taught him right from wrong you. learn from the consequences of your actions and the judge could have said, you did wrong and now you're going to be punished. >> exactly. instead the judge said i'm going to do the same thing your parents have done throughout your entire life. absolute miscarriage of justice. when i see cases like this i am disgusted. >> a lot of jurisdictions and states where if you refuse to take the breathalyzer, you go to jail. where if you do get a dui, even your fit dwi, you lose your license for a year. you can spend a month in jails.

no questions asked. the one thing you can't get out of. >> exactly, and this -- >> know what it's done? stopped people from getting duis. >> that's why the law exists, to have a deterrent effect, and in the judge did not apply any type of justice for the victims. >> evangeline, good to have you. we have jut just gotten breaking news. and here it is. a bus has crashed in new jersey. this is about 40 miles south of philadelphia. down on the southern end of the state of new jersey. that's the reason pictures are coming from wtxf fox in philly. it appears there were no children on this bus. thank goodness. but we -- we don't know the driver's condition at this moment. i have more pictures that i'm told are being routed to us. and here's one of them. there have been some still pictures taken by those who were on scene at the time. this is the bus itself.

here's another one. so it's very close to a house over here as you can see. these are pictures -- we have had a little bit of snow and we'll have an update right after this. block

>> i have never been want to update this school bus crash we mentioned on the news deck. this is on the philly end of jersey 40 miles south of philadelphia. we have confirmed now there were no children on the bus. the one thing we're waiting to fine out is the condition of the drive. we have not been able to get that from the authorities. we'll have updates. i want to show you what happened on wall street today. the dow has taken another turn for the worse. it's still above 15 but we last 100 points. they have explanations for this. analysts have said people have done some profit taking and

there's concern what the feds will do. next week feds will meet and determine whether to pump money in or print money, depending how you see things. we'll break in when news breaks out. right now here comes neil cavuto. >> take a deep breath when i say. >> too late. mark says we're on the fiscal ship titanic and this deal that republican leaders are signing on is to doing nothing to keep this ship from going down because the great one here, now, to explain all. >> welcome everybody, i'm neil cavuto, same old ship, different day. >> i came here to cut the size of government. that's exactly what this bill does. and why conservatives won't vote for this or criticize the bill, is beyond any recognition i