rocking horses. they ride rocking horses? so cool. the oldest 6 months old. the youngest 4 months. they're so cute until they grow up, right? thanks for being part of the real story today. i'm grench carlson. shepard smith reporting live from the fox news desk. thanks. the white house pushing back as the new health care law takes center stage on capitol hill. the head of the nonpartisan congressional budget office testified about what critics call a damming report. he told lawmakers obama care makes it easier for people to get health care without having a full-time job. so the analyst predicts lots of people might not choose to work as much. >> the act creates a disincentive for people to work. >> on the flip side the analyst reports the health care law will help reduce the unemployment rate. seems there's something for both sides to cling to in this report. republicans pounced claiming the law will hurt the economy. democrats argue that is not true. pointing to the positive findings including the health

care premiums would go down and eventually so will the federal deficit. ed henry has all the politics on that ahead. plus, winter misery. thousands of flights delayed or canceled, hundreds of thousands of people without power. let's get to it. >> now, shepard smith reporting, live from the fox news desk. >> and good wednesday morning to you and yours. first there is breaking news now on fox news channel. a fire at an underground nuclear waste repository has sent multiple people to the hospital. that's the quote from authorities. it happened at the waste isolation pilot plant near carlsbad new mexico. officials say that a truck carrying salt caught fire and that none of the radioactive waste has been effected. nonof it. all employees have evacuated. the multiple employees as they put it are getting treatment for smoke inhalation. we're working to get more op this and when we do we'll get it to you. from the fox news desk this

afternoon we're waiting for some suspected drug pushers to show up in court after a raid related to philip see more hoffman's apparent overdose. he turned up dead in manhattan's west village, a needle still stuck in his arm. the autopsy came out just a short time ago. the results, we're told, inconclusive as investigators wait for more tests. police raided several apartments in a building in lower manhattan as i mentioned in the west village where he was, lower manhattan where the suspects were. they arrested four people and each faces drug charges. according to the report, investigators seized more than 350 bags of heroin. we have a picture of one of those apartments. police sources were reportedly acting on an anonymous tip this building is where the actor had been buying drugs. philip see seymour hoffman claimed he had been clean for two decades before he turned back to drags. investigators say they found packets of heroin among the

dozens along with needles and a burnt spoon. leah gabriel is live at the actor's apartment in the west village. what do police tell us about this tip some. >> first off i want to point out those arrests were made about a mile southeast of where i'm standing right now. and according to the associated press, a confidential source tipped off police saying that the suspects may have sold hoffman those drugs. now take a look at this video. this is the apartment where those arrests were made. now a parentally tmz is reporting that source was a heroin user who told police he buys drugs from dealers who live here and so that he had seen hoffman in one of their apartments. other news sources are also reporting that hoffman's number may have been on one of the phones that belonged to one of the men who was arrested, shep. >> you know, the stats show that heroin overdoses are on the rise in a horrible way. >> well, that's right, shep. if you take a look at this chart we're going to show you, you can

see that heroin users have increased -- the number of heroin users have increased in the united states. this shows between 2007 and 2012, that number has increased by about 80%. now there have also been a number of deaths linked to heroin that contains a powerful painkiller but police say samples taken from hoffman's apartment did not contain that drug. back live you can see that people have been leaving flowers here at the apartment building where hoffman died. i'm told that there will be a memorial service for his family and his close friends and that will be held on friday. shep? >> all right. leah gabriel live on manhattan's -- i would say lower west side. it's the west village in manhattan. with us now entertainment journalist katrina live on the deck. a long list of celebrities going out like this. >> absolutely. so sad. you've got river phoenix, of course heath ledger, whitney houston, michael jackson. it's just the celebrity drug culture is rampant and i think it's really not just the

accessibility of drugs for celebrities but the fact that nobody tells them no, everybody yeses them, sometimes literally to death, and also the fact that there's no barrier to entry when it comes down to simply the dollars and cents of being able to afford to have a very high-class so to speak drug problem. >> it sounded like he was trying, from what i've read, he was at an aa meeting like january 26th. >> that was his last one. i guess about two months ago, he had started drinking again, supposed ddly was seen at local bars, drinking by himself. he went to one last aa meeting, he dropped off during that kind of drinking phase, and told one of his fellow members, you know what, i'll promise i'll be back and that was the last time they saw him. of course he said before, if he didn't take control of his heroin problem it could potentially kill him. he knew he was in a really bad place. >> i guess there are lessons for all of us here. if you know somebodies who's having a problem, what are the experts saying is the right way to approach it. >> yeah. the best thing, of course, is you want to address that person

directly. of course. but, of course, a lot of times we're seeing people say, i don't have a problem, i'm fine, it's no big deal, then, of course, you need to talk to medical experts, friends and family, and staging an intervention is really the best thing. of course philip see more hoffman's tried to stage a tough love moving out of the house they shared together with their three kids but clearly that didn't work. >> at some point you try to keep it away from the kids the best you can. >> so tough on families. weigh in on a bombshell report on another troubled star. pilots on justin bieber's private flight to the super bowl from canada, say the plan was filled with so much pot smoke they had to wear oxygen masks. that's according to an official report which nbc news obtained. that report also indicates that bieber was so abusive to a flight attendant that she hid up by the cockpit to get away. this report states, quote, the passengers, including bieber and his father, jeremy bieber, were

extremely abusive verbally and she, the flight attendant, would not work another flight with them. this was breaking on the news desk on friday. customs and borders agents at teterboro airport, the largest municipal airport in the country, met the flight from canada amid reports that cabin smelled like weed in a huge way. bieber and his father were both on board along with the star's entourage, but searches didn't turp up any drugs so the thinking is they must have smoked it all and eventually the agents let them leave. ka trina is back with us. it sounds like when your father is on board with you and so much smoke -- the pilots were -- >> that's mind blowing to me. >> they had to wear masks they might test positive -- >> and lose their license. then you're putting not only, you know, yourself in danger and those around you but, of course, the pilots themselves. their careers, livelihood. it's amazing that justin bieber was caught in yet another situation ever after having just been arrested in toronto for allegedly attacking a driver,

and then, of course, the big miami incident, his first arrest ever for being driving while intoxicated and drag racing. you would think maybe he would calm down but the fact that his father is there by his side, is what's particularly disturbing. >> he does not have people saying no, clearly. it sounded like usher tried with an intervention in the bahamas. >> reportedly a lot of his friends and op and off again girlfriend selena gomez, urging him, you va problem and like talking earlier, i'm fine, i don't have a problem. at this point i think he does and something has to be done to avoid, you know, a tragic fate. >> you have to feel like some sort of meltdown is coming because he's not clearly mature enough to make decisions for himself and neither is his father. >> that's the disturbing part. not like he's a kid with a bunch of friends going on a wild ride so to speak. he's there with somebody who should be his primary caretaker and saying no, this is not okay, but instead seems to be the opposite. >> wonder what's next for him.

>> little scary. >> it is. ka trina, thank you. >> thanks. americans with lower incomes will work less under president obama's health care law. that's what a top budget official told lawmakers on capitol hill today. but the white house is saying this law will actually give workers more freedom and peace of mind. there are two sides to this story. we'll hear both of them on the fox news desk and monitoring the situation where there is a fire at a nuclear waste sort of dump facility though they say the nuclear waste okay at the moment. we'll update you throughout the hour. today we're going to play a little ge. which 4g l map has the st coverage? this isn't real difficult. pretty obvious to me. i'm going to have to say verizon. verizon. the choice is obvious. verizon is america's largest with data plans starting as low as $45 monthly access

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yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. the new health care law will lead some lower income americans to lower their work hours to avoid losing subsidies under the system that's what the directors of the noncongressional budget office told law makers on capitol hill. he says the law creates a disincentive to work. and that in 2017, it will cause parse participation in the work force to drop by the equivalent of 2 million full-time jobs. >> subsidies, of course, make those lower income people better off. this is an implicit tax, not the tax where the government raises our taxes we're worse office and face a disincentive to work more, they're providing a

subsidy people are better off. >> the white house says the law will give americans more freedom to pursue other opportunities. >> it will allow people who are locked in jobs because they desperately needed health insurance and couldn't get it any other way to have the peace of mind of being able to get affordable quality health insurance through the exchanges instead. >> some republicans are using this cbo's findings, congressional budget office's findings, to support their claims that obama care hurts our economy. ed henry works the white house for us live there this afternoon. what else are republicans saying about this whole thing. >> they're jumping on it because they say it suggests that the law is a job killer as they've long contended, although the white house is pushing back hard by saying actually the cbo report does not say employers are shedding jobs because of regulations from the new law, instead it's suggesting as you just noted that people who might be in full-time work without health insurance might be willing to go into part-time

work if they can get these government incentives and get health insurance coverage. the problem according top arep paul ryan, though, is that means some people on the lower income scales may end up being blocked because they're no longer having full-time work from getting into the middle class. >> not to get on the ladder of life, to begin working, getting the dignity of work, getting more opportunities, rise in their income, joining the middle class, this means fewer people will do that. >> reporter: now the reason why this report can sting for the white house politically is that they've used the cbo many times before to defend the president's health care law because the congressional budget office is seen by both parties really as kind of an independent umpire, shep. >> that's from republicans. what are democrats in congress saying? >> well, they're saying that republicans jumped too quickly to suggest that this was a job killer, when as we just explained it's a little morically cated than that. they also say there's more

positive points this report such as the fact that health insurance premiums are coming down, something republicans don't want to talk about and that's why democrat chris van hollen teed off. >> when one misinterpretation gets out of the box early, it goes around the world, takes the truth an awful long time to catch up. >> now, chris van hollen and other democrats saying if you look deeper into this report, it also suggests that republican claims that there will be an insurance industry bailout because the numbers won't add up, is not happening because, in fact, premiums are lower and more money is coming in than expected, shep. >> ed henry outside the white house, good to see you, thank you. next, aflu when za, the drunk driving teenager his defense was he was too rich to be responsible is due back in court shortly. he's set to learn the terms of his probation after he avoided prison for killing four people. plus, is a driver breaking the law by warning other people

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so this wealthy teenager killed four people while driving drunk last summer but he avoided prison thanks to the so-called affluent defense. he's scheduled to be in court today in texas. he'll learn the terms of his punishment according to the court. in december a judge sentenced 16-year-old ethan couch to ten years probation after he pleaded guilty to intox cated manslaughter. the defense here? he was irresponsible because his rich parents spoiled him. in other words, it's mom and dad's fault. these are the four people he

killed. some of their relatives have filed civil lawsuits against couch. a prosecutor says he plans to take the teenager to court on other charges and ask the judge to put him behind bars. but for today, that won't happen. our judge, fox news senior judicial analyst judge napolitano is with us. we covered this case back in the day. >> we were startled with the sentence? large part because most states in the union require some jail time for death by auto. new jersey, for example, requires 3 6 60 consecutive day for death by auto for each death a minimum of four years here. the other one, the affluent nonsense, the lawyer came up with a novel theory about why his client was not responsible for his behavior, his parents spoiled him. no court in the united states of america has accepted that and this court should not have accepted it until there's a substantial body of scientific evidence to support that. and there's none. >> if there is a possibility of

a change today, though? >> well, look, texas judges are popularly elected and this judge has been excoriated in the press from new york to texas to california because the sentence was so light. she has closed and locked the doors to her courtroom. >> no media? >> no media at all. she is going to tell him the terms of his probation. she may be signaling that she's going to do something to satisfy the public clamor for her ouster as a judge. now that's also wrong. if a judge makes a mistake, the judge should correct the mistake because it's wrong. if a judge imposes an unjust sentence because it's lenient she should change the sentence because it's unjust but should not make these changes because the public wants the changes. we don't know what she's going to do but she's probably going to do something and may do it before your show is over today. >> but my understanding of the law in texas is, that if the defendant, the accused, is 14 years or older, the courts are supposed to be open to the public, meaning open to the media. >> yes.

this young man is 16. 16 plus. the first thing she has to do -- we won't know this until she opens the door, give reason to why she locked the doors. it's almost unheard of to do that. the public has a first amendment right to allow the press in there because the press, you and i and our colleagues in this industry, are according to the supreme court, the eyes an the ears of the public, especially in a courtroom. >> so are you saying that this judge in your estimation is violating the first amendment? >> absolutely. a profound and utter defiant violation of the first amendment because the members of the press who were there who asked to stay in the room, were unceremoniously marched out. >> i'm not saying they didn't allow cameras or didn't allow recording devices. they didn't allow members of the media, period, right. >> correct. now when the proceedings are over, a court stenographer who recorded stenographically or electronenily what happened will have a transcript of what happened but we shouldn't have to wait. we should be able to observe the

judge as she's doing her work while she's doing it so our colleagues can come out into the hallway and tell you what happened. >> the theory being the foundation that the court is part of the process of by and for the people and the people have access to the process. >> and the people need to know how the process is being use pd in their name. >> if she makes a change, we'll listen to why and i guess we'll know soon enough, possibly in this hour like you said. >> hopefully. >> thanks. a federal court in missouri ruled you can flash your headlights to warning other drivers there's a speed trap ahead. according to court documents "the wall street journal" obtained a driver faced up to $1,000 fine and points on his license after police pulled him off for flashing his lights. the city dropped the charge but the civil americans liberty's union sued on behalf of the guy anyway. today's ruling is a civil rights victory for drivers. saying you couldn't flash your lights at somebody, i don't know how they would get away with that. >> it's a made up crime that

police made up. flashing your lights is freedom of speech. it's also a safety factor. because if you're telling ongoing traffic that there's a speed trap behind you that their approaching what are they going to do, slow down? which are the police more interested? in catching speeders or having those speeders at all. this is a great victory for freedom of speechp this federal judge enjoined all police in the state of missouri from enforcing this nonstatute. >> revenue coffers will take a hit. >> they'll be upset about that. >> that's what it's all about. >> that's what it's about. i expect this decision to be followed throughout the country. >> that would be good. the lights. just the lights. >> shep, sometimes people misunderstood you. >> i've noticed. thank you. >> you're welcome. >> if you live anywhere from chicago to boston, odds are you're dealing with even more nasty snow and more particularly ice, at least near new jersey. we'll show you what sort of problems the latest storm is causing an what could be in store for a bad weekend.

plus, cvs getting out of the tobacco business. health officials obviously love it. an entrepreneur we'll bring the and remind you of a major store that says where was all the talk 20 years ago when we did this? i'll bet you've shopped there. ♪ [ male announcer ] this m has an accomplished research and analytical group at his disposal. ♪ but even more pressive is how he puts it to work for his clients. ♪ morning. morning. thanks for meeting so early. oh, it's not a big deal at all. come on in. [ male announcer ] it's how edward jones makes sense of investing. ♪

more headlines on the fox news desk. a united nations committee demanded the vatican immediately remove all known or suspected child abusers in the catholic church and turn them over to police. the panel accused the vatican of allowing priests to rape and molest teenagers up to tens of thousands of children over several decades. tens of thousands. vatican officials call the report distorted and unfair. u.s. bishops say more than 5,000 priests and other officials have faced those accusations. cops say surveillance video shows armed robbers storming a hospital in rio on monday

snatching cash, jewelry and cell phones. according to the police there, nobody was hurt but nobody's under arrest either. and the soccer star and part-time model david beckham says he's going forward with his plans to start a major league soccer team in miami. it will cost him an estimated $25 million and the future team still needs to find a stadium somewhere.

it's starting to seem endless around here, more snow piling up in parts of the midwest and northeast today. anywhere from a few inches to another foot. again it's making driving very dangerous. the illinois department of transportation reports that most of that state's roads are covered in either snow or ice or both. in pennsylvania, like in other states, the icy conditions have knocked out power to hundreds of thousands of homes. not much better between there and massachusetts. officials in the bay state expect really wet and very heavy snow, the kind that weighs down power lines and tree limbs. if you have to fly somewhere, well, good luck. it may not be too bad where you

are, but flight aware says thousands of flights have been canceled and in addition it's affecting -- ryan here, affecting a lot of places. >> a lot of them. this is flight aware's misery map. it takes into account current cancellations and delays. we look at chicago. right now you can see a lot of flights coming to dallas and to seattle are very bad right now. >> the lines in brown are bad and the green are okay. >> correct. red circle gives you an idea of a percentage of how miserable it is. looks to be 60 to 70%. in new york, you might not want to be traveling across the country. flights sfran and l.a. are miserable including seattle and up north to minneapolis and, of course, boston it's near 85, 90% of misery up there right now. >> bunch of canceled and delayed flights. call ahead. salt supplies are running low. that's a big deal around here. according to several officials in towns in the storm's path the

salt is more of a delay than anything. in milwaukee, a couple ships carrying 50,000 tons of the stuff arrived today in milwaukee. that's because milwaukee's already used up more salt than it does in an entire average winter. and if the groundhog is right, we could have six more weeks of this stuff left team fox coverage, janice dean is live in the fox weather center. first to mike in chicago. he's riding around. what's up, mike? >> shep, i saw it get a little harry particularly in northwest indiana. we came up on a wreck with four jack-knifed trucks on i-65 in the northbound lanes. what that caused was a b big pileup. had to shut down the sboel whoel interstate in the northbound lanes. now we're in the neighborhoods in north chicago. actually i should say southeast chicago, close to the indiana border. i can give you a look outside and what we see is a lot of snow on the sides of the roads and

snow coming back down, i would call this lake-effect snow because as we got away from lake michigan we couldn't see it. we're coming up on something i can show you that's a unique chicago tradition. i talked about it on the air. since we can see it one more time. see the chairs and crates out there. when somebody digs out a parking spot in chicago they call dibs and claim the right to a park there again when they come home from work. a lot of people didn't make it off to work and kids went to school today, despite all the show. >> i mentioned those salt supplies running low. any relief for folks coming? >> you know, it's kind of a double whammy, shep, because so many people are using so much salt, sometimes five times as much as they did in years past. on top of that, you have the mississippi river which is frozen. the tributaries around the great lakes that are frozen. you talked about the salt coming into milwaukee. a lot of the salt can't get in. chicago has resources to put trucks on the road, drive them into iowa, into ottawa, canada,

to get salt and drive them back. the small municipalities don't have those resources and are rationing salt. >> mike tobin, thanks. let's bring in janice dean the weather machine in the extreme fox weather center. about run its course this one? >> it's almost done and we watch what happens on the weekend. but as you mentioned over a foot of snow in some cases i heard unofficially 19 inches of snow across the poconos. there's the evolution of the storm that brought over a foot of snow across the central u.s. a lot of gulf moisture as well and then across the northeast we're almost done, but the freezing rain and/or sleet that's left on the roadways in new jersey, long island, up towards connecticut, is going to stay in place and we're going to see a freezing period overnight. in terms of snow we could see a couple more inches upstate new york and new england, but shepard, look at these temperatures overnight. 17 in new york, 11 in harrisburg, single digits, teens, 20s. anything on the ground that's

wet is going to freeze and we'll have a new set of problems tomorrow heading into work and on the power lines and the temperatures are going to be below freezing for the next several days across the northeast. so the snow is not going anywhere and the freezing rain and the ice conditions are going to stay. >> all right. here in thef the snow, everybody i see asks me about this forecast for the weekend because there is this hoax going around that all over the internet that we're going to get somewhere between 3 and 33 inches of snow and then the model of the european forecast track which has really changed, the weekend doesn't look so bad anymore, does it? >> >> no. but we will have to watch things very carefully. you will see forecasters saying stay tuned and we thing and maybe because we really don't know, to be honest with you. after we got off the air yesterday, both of these models basically had us with no storm at all this weekend but now we're starting to see maybe something on the horizon so this is the gfs and this brings us a clipper type system, a fast-moving storm. it should be cold enough for snow, so we're going to have to watch that.

this would be an earlier event so saturday into sunday, not a big, huge storm, as it moves north and eastward it kind of gets wound up, but we could see several inches, and then the european model that you like to look at, this gives us a storm that is sort of off the coast. if it inches a little bit more to the west then we'll have to be dealing with something but right now nothing to write home about. so we'll see. fingers crossed. stay tuned. all that stuff. but you know what, with social media, it's hard for us forecasters because all of a sudden it's a big story, big, big nor'easter, and we really can't tell. >> yeah. not yet. >> not yet. >> we certainly can't tell ten days out, though, my fancy weather app has ten days out and i won't look at it much because it said next wednesday, thursday, friday, snow every day. >> we're into a pattern in february that looks like we could see storms really every week. but again, five days out we have no idea. it's a coin toss. >> summer will come eventually. >> yes. >> thank you. good to see you. >> you got it.

the nation's second largest drug store chain cvs will stop selling cigarettes and tobacco products in its store october 1st. that's the word from the parent company's ceo. >> we've come to the conclusion that, you know, tobacco in a setting where health care is being administered those two don't go together. >> there's 7600 cvs stores across the country. the chain estimates it will lose roughly $2 billion in revenue by ending all tobacco sales but the ceo says the company can make that up by cutting costs. target made this same move in 1996. 18 years ago. health officials are praising cvs saying it puts pressure on competitors to do the same. the feds say 18% of american adults smoked in 2012. down from 42% in 1965. susan is an entrepreneur and author of "it's your biz" "new york times" best seller and joins us. part of this for cvs is about

they're kind of getting into the doctor's office sort of business inside their stores. >> that's right. they're actually becoming a part of the health care provider chain. and what they're doing is positioning themselves as sort of that first stop with their retail clinics, pharmacists are trained to consult with the customers that come in and i have to tell you, shep, i mean the ceo is right, if you go into the retail clinic and you've got bronchitis and want to stop at the cash register on your way out and grab a pack of sigs that doesn't make any sense. it isn't consistent with their brand image. >> no, it isn't. i used to work at drug stores when i was a kid and i remember when customers could smoke inside the drug store. we've come a long way, baby. this matter of -- >> right. >> the billions of dollars in revenue they'll lose $2 billion in revenue which sounds like a lot until you read that cvs has 125 billion a year in annual revenue. >> right. it sounds like a lot but let's put this all in perspective. first of all that $2 billion in revenue, that's a very low profit margin product for them

to carry in their stores. they are going to launch now more of the quit smoking campaigns, products in their stores, on-line training, on-line mentorship. that profit margin, i don't know for sure, but i'm sure is going to be a lot larger. think about it. you can sell a lot of cigarettes but wouldn't you rather sell a product that has a larger profit margin. the wellness and health care industry is growing, it's one of the fastest growing industries in our economy, whereas the cigarette industry, the tobacco industry is on the decline. i think it's a smart economic move for cvs. >> the president praising it and first lady praising it at her -- her twitter account. a lot of praise out there. there will be a lot of pressure and can you see a time when if you smoke cigarettes and know better, you pay more or you're not covered? >> oh, i think we've already seen some of that, shep. we've seen situations where employers, this was before obama care, where employers would raise the cost of what an employee had to pay if they were

actually smoking, if they weren't taking care of their health, if they were overweight. we are seeing people having to step up and take personal accountability for that. >> susan, good to see you. thank you. >> great, shep. great to be here. breaking news in an update on that fire at an underground nuclear waste repository. the fire we're told is now out. but six people have been taken to the hospital. officials say they expect them to recover. again, here's the location. it happened at the waste isolation pilot plant near carlsbad, new mexico. officials there say the fire did not affect the nuclear waste in any way. here's a look at the inside of that plant taken earlier, obviously. and they say that they're investigating, but expect everything to be back to normal, actually later today. the winter olympics may be days away but part of the grounds in sochi are nowhere near ready. journalists are sharing their own horror stories of unfinished hotel rooms and plenty of other

trouble including hack attacks. some journalists you know very well lost all their privacy and if you're going, most likely they warn, so will you.

the russian president vladimir putin today insisted his country is ready to host the sochi olympics. i guess that's as long as you don't need a hotel room. with the opening ceremonies two days away plenty of reports suggest he is not ready. parts of the olympic ground still look like construction zones. journalists have been sharing horror stories about arriving to hotel rooms that aren't finished. we'll have more on that in a moment. according to reports out of russia, rush va's president rumored girlfriend may be lighting up the olympic flame in sochi. here she is competing at one point. interesting thing she's doing with parts of her body that are twisted in ways that are not, well, common. it is typically a very press stijs you honor and usually goes

to a person who symbolizes the nation. would his rumored girlfriend fit the criteria. she was an arrhythmic gymnast champion in the 2004 olympics and here they are again. president putin has never publicly confirmed the relationship. doesn't have to. he's putin. the two have reportedly been dating for years, even while married to this woman all covered up. she and the president announced they were divorcing last year. the married couple rarely appeared in public today but they were under an umbrella on this day. president putin reportedly even locked up his wife for a while the a mental institution. seriously. the president says he did not help pick who will light the sochi flame. of course not. and olympic officials have yet to announce who it will be. odds are good our jonathan hunt is here on the news desk. tell us of the hotels in sochi. they didn't get around to finishing the things. >> they seem to have the athlete accommodations but the hotels for tourists and journalists seem to be something of a

disaster. completely unfinished in many cases. and disastrous hygiene in other cases. stacy st. clair is a reporter with "the chicago tribune" and tweeted, my hotels has no water. if restored, the front desk says, do the not use water on your face because it contains something very dangerous. it was restored. that apparently is said water and i would not put that on my face. dan wetzell of yahoo! sports who tweeted to anyone in sewically i am now in possession of three light bulbs. will trade for a door handle. this offer is real. now i know a lot of -- then he sent a picture out of the light bulbs. a lot of people don't care much about journalists, they probably do care about dogs. bad news on the dogs as well. apparently russian authorities are rounding up many of the hundreds of stray dogs in sochi, fate unknown although we did hear some of them are seeking refuge in those unfinished hotel rooms. >> i keep reading richard engel from nbc who used to be with us here at fox, talking about how

everything he has got hacked by the government presumably. his phone, his computers. they set up some sort of sting. everybody i've talked to who's over there says yep, they're into all of our equipment and in addition, there are concerns for safety at these events. >> nobody is happy about anything right now as we are 48 hours out from the opening ceremony. including some of the athletes. shaun white the snowboarding legend winner of the gold medal in the halfpipe in the two last winter olympics was going to compete in a new event called slopestyle and the halfpipe. he's now said he's concerned about safety on the course so he's pulled out of that one event. we're also getting some developing news, shep, a shipment of greek yogurt intended for the u.s. team, is being denied entry by the russian authorities. that chiboni yogurt, they're not going to let it in. it's the official yogurt of the u.s. official team. it's sitting at newark liberty

airport. >> gay or something? >> i don't know whether yogurt is gay. it's dlish sus. >> as greek. i'm sure there have been times. >> please, please, just move the camera off me. i don't want to be involved. >> that stuff, that yogurt is terrible anyway -- >> i love it. >> i like the kind with all the chemicals from like danon or whatever, the fruit on the bottom, whatever. >> yeah. fruit on the bottom that's -- >> all right. >> move on. >> not confused with the other yogurt gut girt. hope we bring home the gold. >> indeed. >> thank you, sir. >> sure. fox report and more of the headlines on the news desk. texas about to do something texas hardly ever does. execute a woman. not even in texas do they often do that. convicted her of killing a mentally impaired man in 1998 to get his insurance and social security benefits. her lawyer says she is not mentally competent to face the death penalty. if the supreme court does not step in she will be the 14th

woman put to death in almost four decades. since then more than 1400 men have gone to the death chamber. a dramatic rescue after a spanish cargo ship crashed into rocks and broke apart. this happened off the coast of southwestern france where locals say the waters have been rough of late. officials say a military helicopter rescued all 12 crewmembers. only one was hurt. and it's time to count the elephants at national park in kenya. wildlife workers say they do a census every three years. they say the last one showed the elephant population had increased after dropping during the 1980s because of droughts and poachers. we have the air traffic control recordings from the moment a ups cargo jet crash landed in alabama and killed two people on board. and now we know that workers were scrambling to repair the airport's main runway just minutes before this crash happened. that's next. today we're going to play a little game. has the most coverage?ch 4g ltep

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we are hearing final words of a doomed pilot moments before it slammed into the ground. two pilots died when the ups cargo jet crash landed in birmingham, alabama, in august. it wept down short of the runway and exploded in flames. see here where the plane went down, the spot the sort of debris field -- it was this short runway to which it was headed because this other runway was closed for maintenance. it's our understanding there were workers on this longer runway and they were just seconds away from getting it finished or minutes from getting the main runway fixed. the shorter runway the deal is it did not have the advanced technology that helps pilots land. the recordings that came out today reveal crews were working to get that main runway open, they were on the a runway at the

time, something that might have been able to make a life-saving difference. trace gallagher has the news and he is live with us this afternoon. though he is very blurry. trace, you're blurry. what's going on? >> apologize about the blurriness. we're having some camera problems here. it was kind of a combination of factors involved in this crash. they're saying not just the short runway but also low clouds in the area. it was drizzling and the sun hadn't come up yet. listen when the air traffic controller asked the ups flight crew if they could use the alternate runway, there seemed to be no issue. listen to this. >> maintain 3,000 and runway six is still closed. you want the localizer one eight? >> yes, sir, the localizer one eight will work. >> ups 1354. >> as you say, the instrument

landing system on the runway may be key, called the glide scope, the gps system that glides planes in. right before that runway there's a hill and seconds before the crash the cockpit alarm went off saying sink rate, meaning the plane is descending too fast, seven seconds later hit trees and struck the hill. for context you'll remember back in san francisco, at tasiana aircraft in july that airport did not have the glide working. >> do we know how long it was before they got the big main runway open? >> really a couple minutes. 45 seconds after the air traffic controller asked the ups if they could use it, the plane, they said the runway was about to listen. listen two minutes after that to this exchange. >> tower report 12 did you see that? >> that was a crash, ups 1354 a crash on the hill. >> attention, attention, alert,

airport crash, aircraft crash, of three mile final runway 18. >> a couple minutes from being able to use the shorter runway to the longer one. >> thanks very much. all right. a lot more news to come and we'll start things off at the top of the next hour with a market report and update you on the top headlines. this is fox news channel, america's choice for news and information on cable. over 1 million businesses. if you have a buness idea, we have a personalized legal solution that's right for you. with easy step-by-step guidance, we're here to help you turn your dream into a reali. start your business today with legalzoom.

on this day in 1988 a federal grand jury indicted florida -- i should say in florida indicted panama's military strongman manuel noriega. he had been on the cia payroll during the '70s and '80s but the feds disowned him after reports he was a double agent for cuba and for nick cowhat began revolutionaries. in 1989 the u.s. invaded panama to get him out and a jury found him guilty on charges including

drug trafficking the first time that a u.s. criminal court convicted a foreign leader. he's back in panama but still in prison after the law came calling 26 years ago today. we'll break in when news breaks out. see you then. all right. it's getting confusining when a guy predicts a health care law. found himself on capitol hill today. >> people with very low income and withdrawing those subsidies as income rises, the act creates a disincentive for people to work. >> but it's not just the disincentive and the fact that it can create a lot of fewer jobs. your paycheck could take a hit too. welcome, glad to have you. i'm kneel cavuto. forget about holding on to a job, try holding on to your wallet. most americans could s