moving. >> hallhallelujah. >> we're told the coroner is calling it a miracle. >> i'll be a guest on bill o'reilly's show this evening, picking the pinhead of the week. so tune in tonight. now here's shep. >> there is breaking news now on fox news channel. the united nations security council is set to meet in an emergency closed door session. the crisis ukraine. ukraine is claiming vladimir putin's forces invaded the country, and the white house says if that is true it would about be a, quote, grave mistake. let's get to it. >> good friday afternoon to you and yours. there is a crisis that is fast developing. the united states is losing patience with putin.

washington warning the kremlin to stand down now in ukraine. russian forces are on the move. journalists from the "associated press" report they've spotted a convoy of russian troops making its way through southern ukraine. the same region where armed men in full battle gear have now seized and taken control of two airports. we'll show you where this is happening. crimea region on the black sea, critical port area where russia has a huge navy base. wear hearing from the ex-president of ukraine and he is in russia and is getting president putin's protection. he says despite the bloodshed he is still the rightful ruler and started his news conference with a clear sign of frustration. see the break there? the former president snapped his pen in half. went on place blame for his

problems on the west and the united states. >> translator: irresponsible by the west. but ukraine is a strong country and we well overcome it. >> that was awful, that translation. i have know idea what he said but he is blaming us. enough with putin clearly siding with the man whose ukraine's governor accuses of mass murder. let's get to jennifer griffin following developments from the pentagon. first to lea gabrielle. we have not seen the ukraine president for a week, there was speculation he was in russia, sure enough. >> he said he didn't flee ukraine but left because his family received threats. he said he'll return when it's

safe, and while ukraine's speak russian and ukraine, today he chose to speak russian at the conference. >> yanukovych needed to find a place he felt safe, needed to find a friend who could protect him and protect the interests of his fellow russian speakers in ukraine there was only one place logically to go under those circumstances. >> yanukovych made a point to say he had only spoken with russian president vladimir putin on the phone and putin said that i would meet. >> putins troops on the move. there is seasons how far he might go? >> sheltering yanukovych sends a signal supporting his position but russia has a clear strategic issue in ukraine. they're a major black sea port, a warm-water port, essential nor naval vessels to have access to the mediterranean and the rest

of the world during the winter. one analyst says that while putin will protect russia's assets in ukraine, aggressive military action would result from back larry. >> the headline today is the russians have seized control of the airports, it appears. u.s. military officials say they're keeping a close eye on the latest movements in ukraine. jennifer griffin is at the pentagon. who is taking the lead on this? >> president obama has not spoken publicly about ukraine since february 19th. secretary of state john kerry issued the strongest statement yet from a u.s. official, warning russia nat to intervene in -- not to intervene in ukraine. >> we believe, national security adviser rice, made it very clear some i made it it clear that interception in our judgment would be a very grave mistake. the question is whether or not whats happening now might be crossing a line in any way and

we're going to be very careful in making our judgments about that. >> jay carney reinforced the message from the white house. >> we are watching to see as the secretary said, whether or not russia is doing anything that might be crossing the line in any way. >> the white house being very careful not to issue any red lines, a mistake they lived to regret in syria. >> almost as if they're wearing blindfolds. hundreds of pictures out of this region. the airport in crimea has been taken over the russians and they're like, if he does something? still if? seriously? >> still if. and here at the pentagon they're not doing anything. we asked pentagon officials what they plan to do. they said they are watching closely the developments in ukraine. the russians appear to have ignored the warning issued by defense secretary chuck hagel yesterday. as soon as the olympics ended last weekend, russian president vladimir putin called snap

military exercises on ukraine's border. he did not have to send troops into crimea. he already had troops at the russian naval base. the troops who have taken over the two airports in crimea may have come from that russian naval base. in other words, putin didn't have to send troops into ukraine. they were already there. >> but they didn't have permission to go to the airport. they're supposed to stay on their base. >> that's correct. >> news from the future, this is ugly. thank you very much. we'll monitor things at the pentagon with jennifer's house. this is serious. here at home, u.s. marshals captured a child sex offender who escaped from a halfway house in denver. officials found this 51-year-old, eric hartwell, at a motel six, where they left the light on for him, in norfolk, virginia. 1800 miles from denver where he disappear last week.

investigators say hartwell somehow cut his ankle monitor and escaped. he was serving time as failing to register as a sex offender. we're tracking a possible development in the case of justina pelletier. the teenager, taken from her family and caught in a tug of war with hospitals and the state of massachusetts. now looks like child protection officials are ready to give some ground. we'll tell you what they're now saying and have the rest of the afternoon's news, including the million and a half dollar lawsuit against mcdonald's. obviously if you don't get enough napkins you deserve $1.5 million.

♪

♪ ♪ is is mike. his long race day starts with back pain...

...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines" an update on a bizarre custody case we have been following involving a six 16-year-old girl. pitting doctors against doctors and a family against the state of massachusetts. we have been reporting on this for days, and today's headline, massachusetts child protective officials are actively working to return her to hem home -- home state of connecticut. on the left here you can see 15-year-old just just tina. an active student. on the right, she is in essence bed bound, getting around in a wheelchair. she says she is constantly tired and has stump problems.

when she first got sick the parents took her to tufts hospital and was treated for a rare genetic disorder. a month later she came down with the flu and the parents rushed her to the er at boston children's' hospital instead of tuft. the children's doctors threw out her earlier diagnosis and say she does not have a genetic disorder instead a mental illness. he parents tried to take her back to tufts and child protective services would not let her. they argue the parents were committing child boos by trying to get their daughter medical care instead of mental health treatment. the state of massachusetts tike her away from her parents and this week proposed send can her off to foster care. her mother passed out at the news, had to leave the court in a stretcher. her father says just -- justin ya was getting better but under the state's car she is, quote,

rotting away. the possibly major turning point, a spokesman for the state says they're actively trying to send her back to her home state of connecticut. the first time the agency has publicly commented on the case. no word that these means in terms of child abuse charges. the state did not comment on when she can be moved. a new days before his murder trial starts newly reshe'sed video and pictures ena show as score pistorius at a gun range sometime before he shot and killed his magazine model girlfriend. thisser frame grabs that show pistorius firing a shot duces -- we don't have the video. our sister network broadcast the video. it's not clear when this is recorded. also on the video, a person whom sky news report sounds like pistorius, laughing when he shoots a watermelon, and i laughing and, i quote, it's a

lot softer than brain bit, bleep, it's like a zombie stopper. and other photos showed him firing the same pistol he used to shoot riva steenkamp on valentine's day. he is a double amputee and earned the nickname blade runner. he said he thought this girlfriend was an intruder. the prosecutors say that's a lie. prosecutors are asking for a life sentence. there's no death penalty in south africa. let's bring in mercedes. at first blush, gun range with gun does not a murderer make. i can't imagine a judge a louing this into evidence in the united states. >> i agree because they're jury trials. that might be the difference. but he looks way too comfortable with those guns. >> i hear people in parts of uview are audience jumping up and down and screaming at you, being comfortable with a gun is not a bad thing.

being comfortable with a gun is just fine. no one should be concerned about somebody being comfortable with a gun. >> people kill, not guns and i get that. but when you're talking about -- he is protecting himself, he has -- >> he did blew his girlfriendway. >> the other thing is, where was she? locked in the bathroom. the witnesses coming forward for the prosecution say we heard raised voices, woman's rated voices before the shots were fired. after shots were fired, security calls, pistorius picks up the phone, everything is fine. everything is fine. you just killed your girlfriend. doesn't add up. one good note for him is the ballistics on -- analyst is more closely aligned to the defense. the prosecutors first said the trajectory is from someone standing at six feet shooting down so there's the downward trajectory. no more.

now they're saying he may have actually been on his stumps when he shot. >> she was down on her knees. >> and she was on her niece. >> so still a trajectory but not from someone standing six feet with his blades on. >> that he is confidentable with -- comfortable with a gun means nothing. >> a live look, unites nations now. security council set to meet in emergency closed door session right now. we're expecting to hear something. this is all regarding ukraine. and a horrible situation there. ukrainian government says the russians have invaded and taken over our airports. that's what the ukraine government is saying. the e.r.a.s are saying, it's -- the russians are saying, it's not us. to be truthful the troops don't have insignature knea, just blank uniforms so they're not nying themselves as anything. but some russian troops from a base there are on the move so it's all adding up to putin being putin and the security council going to work on that.

live updates throughout the hour. >> police in california can't catch a break. if the drought isn't enough, there's a cripple can storm coming the way. it's a mess. you need the rain but not in buckets all in one day. that's what they're getting. block can ok, here's the way the system works. let's say you pay your guy around 2 percent to manage your money. that's not much, you think except it's 2 rcent every year. does that make a difference? search "cost of financial advisors" ouch! over time it really adds up. then go to e*trade and find out how much our advice costs. over tispoiler alert.dds up. it's low. really? yes, really. e*trade offers investmen advice and guidance from dedicated professional financial consultants. it's guidance on your terms not ours that's how our system works. e*trade. less for us, more for you.

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parts of china are like los angeles circa 1974. the smog is insane. some people are now coming forward with pretty creative ways to solve the problem. the population is causing a public health crisis. for the population it's a public health crisis. scientists have been comparing it to conditions of a nuclear

winter. the smog is block out the sun. you can hardly see the skyline in beijing. officials say heavy traffic and factory pollution is to blame. one company has a possible solution, nothing do with a decrease in the pollution. instead architects proposed sealing off parts of the country with bubbles. they sent us some photographs. rob has them over here. i thought it would be nice to just seal yourself off in a giant bubble. but it wouldn't be for smog reasons, it would be to keep people like you away, rob. >> right. these are the said bubbles. specifically plastic enclosure, and the company based it off of butterfly wings. you can see that. and this is an aerial view -- >> can't the chinese make it rain? >> i don't know. >> i thought they could. if they could they could wash

the smog out. >> the company says the park will be humidity controlled and temperature controlled, and you can also see what it's going to -- >> they're actually building this. >> these are artist renderings. it's proposed, not being built. >> have they considered scaling back on the pollution? >> no. >> that would be a reding louse thing to do. thank you. >> folks in the middle of a history drought in california, bracing for a powerful storm that could trigger mudslides and flashfloods. the threat is apparently so bad that officials have already ordered more than a thousand people to evacuate homes. here's where this is happening. this is los angeles, the basin -- uh-oh -- and over here we're talking about glendora, and what was the other one? asouza. this is 25 miles from los angeles. so right in the foothills here

and they've already evacuated. the same area that had a fire last month, and now they're worried about mud slides. flames broke out to the north and strong winds sent the fire down the hills and into the neighborhoods. the fire damaged several homes. california needs a lot of rain, facing terrible drought conditions. its driest year in recorded history. authorities say the dry conditions could be a recipe for dangerous mudslides. rains started following. crews rescued two people and dogs stranded in the los angeles river. adam houseley is in glendora for us. what is it like there now? looks like it's sprinkling. >> it's springing. -- it's sprinkling. we're expecting more heavy rain. sandbags throughout the

neighborhood. you go block to block, amazing how many homes have sand bags. look up the street. a little mud up there. that gives to the engineers an indication of what might come down. looks forested up there but there's only a few trees that are green, all around for three or file miles up the hillside is not but a moonscape. california has not had a lot of rain. you might say it's too much too late. right now most of the state only 30% of what they need but this weekend, three storms coming ashore. this is the second one right now and it's causing for a lot of concern, especially in this area that was threatened be fire a month ago, now threatened by possible mudslides and flooding. >> adam houseley, thank you. continuing to track the storm as it moved over the west coast. rick is live in the fox weather center. you predicted it. >> the mudslides are a problem, but long term they'll take the rain they desperately need, and

this is a good one but they need more. it's a good soaking. the entire state is under a drought. the entire state 100% of it, and over a quarter exceptional drought. now you see exactly where the rain is, the entire state. we'll tell you, this rain is going to make its way into arizona, snow across the rockies, that's all good as well. but we have this one big heavy band move through downtown l.a. adam was saying he has the break. there's the next band moving through. more heavy rain,'ve -- already seen two inches and more on the way. there are strong winds and the possibility of a tornado popping up pretty quickly there think about that. all of the people in the big cities from santa barbara, to the south, will look for that threat. we'll see more mudslide problems. this is additional precip. the red, another three to five plus inches.

especially across the san gabriel mountains and then look at that. heavy snow. we need the snow. we're getting the to the north. helps to refill the reservoir. that's good. the drinking water. everything about this is good news. rainy season is about over. >> slow and steady, thank you very much. >> still breaking news. a live look. this is a weird thing. in the -- best named town in america, i believe, near shaunie, oklahoma, but the real spot here is kickapoo, oklahoma. kid you not. a little grass fire start thread between the freeway and the little regular street there. surface street. and there's a boat manufacturing place and a boat yard, and the grass fire caught the boats on fire. and it burned through one business already. crews were called to this area

at i-40 and kickapoo street -- it's a street. it's just shaunie, oklahoma. that's sad. normal fire activities. fires start, firefighters come and put them up. boats got burp -- burned but no people got hurt. >> bridgegate in jersey, coming up what newly released recordings do and do not reveal. we'll talk to chris wallace about chris christie and whether he can ever be president after all of this. we'll get into it in a minute. pay my bill. phone: your account is already paid in full. oh, well in that case, back to vacation mode. ♪boots and pants and boots and pants♪ ♪and boots and pants and boots and pants♪ ♪and boots and pants... voice-enabled bill pay. just a tap away on the geico app. ♪

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>> more headlines. police in los angeles says the former nfl star darren sharper has turned himself in on more rape charges, accused of raping

as many as nine women across five states. his attorney says in each case the contact was welcomed. his long career in the pros included two trips to the super bowl. >> officials at a nuclear waste plant say nearby residents are safe, saying the amount of radiation in the air is 25% of what you get in an x-ray. the feds say 13 workers were exposed. >> you might have to give up on your dreams of marrying ashton kutcher. they got engaged not long after he finalized his divorce from debi. a friend says they're incredibly happy together, and thank god. i don't believe i could have gotten through the rest of the day without knowing that. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet

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>> the secret service investigating whether hackers got into computer systems at sears. quoting a person familiar with

the case. that person did not say when i it may have happened. this comes after the huge data breaches in target and neiman marcus. sears stays there have been rumors and we have found no information based on our review of our systems to date indicating a breach. the headline should have been, sears is still open. who new. >> we now have dispatch recordings from the four-day traffic jam that sparked the scandal for new jersey governor chris christie. it's a horrible mess. in the recordings first responders talk about total gridlock. cars and school buses were backed up for hours. e-mails from a christie staffer suggest she ordered the lane closures as political payback. we don't know what kind because no one is willing to talk.

the governor has fired the staffer and denied knowing anything about the plan to shut down the lane and also apologized nor traffic mess. our producers have been going through hours of the record examination nothing contradicts governor christie. eric shawn has been covering politics. he has a hat on teed. near the entrance to the bridge. it's cold out there. >> it is cold. it's a cold 25 degrees. not as bad as the midwest. but we have been listen to hours of the 9-1-1 calls so far, and while there's anger and frustration by the drivers and the dispatchers, sames to indicate there were a lot of problems because of the lane closures in all, about 28 hours of 9-1-1 calls, seem to show that the lane closures took the people here by surprise. the dispatchers had to reroute ambulances and emergency vehicles to get around the city they said was totally gridlocked. the governor has denied knowing anything about the alleged scheme to get back at the democratic mayor of the city.

exposed the negative impact of the lean lanes being closed from the calls. >> we're getting calls from irate motorists. >> traffic is a nightmare. >> you are aware the town is a total gridlock, right? >> that's the brown office building. the gw bridge is totally bid locked. >> nine hours, two minutes and 42 seconds. >> 91-year-old woman did die of natural causes in her home on the first day of the lane closures but her family has said they don't believe the closures had anything to do with her death. >> eric shawn. let's bring in chris wallace. there's another series of e-mails that came out yesterday as part of this thing. where the same people involved from christie's office, got mad at some rabbi and joked about

whether they could cause traffic problems in fronthoe. given this and the way we know governor christie runs his operation, how could he ever run for president? >> well, he can run for president if there is no proof that he knew about it, and the fact that these two people, his deputy chief of stat, bridget ann kelly, and david wildestein, working at the port authority -- pardon? >> running wild in his administration. stopping traffic and rabbis and stuff. >> all i'm saying it's just sun pigs on your part. he says, governor christie does, i didn't know anything about this. these folks were running wild and he fired them both as a result. and we have thousands of pages that the general assembly there in new jersey.

if they don't find anything, i suspect he go about his business and may be rejuvenated. >> if he didn't know anything about it, awful this chaos was happening around him and he didn't know. >> it's possible. >> a lot of media organizations are really -- they're running to the house on this. but there are a lot of questions that have not been answered and the stonewalling this involved here is noteworthy and he never even asked this woman, who had worked for him for all those years, why did you do that? that lacks credibility, doesn't it? >> well, yes and no. once this came out, and again, look at this. if you believe christie's argument, which was that he knew nothing about this, once it came out, if he starts asking about that, then is he trying to influence a witness, are you going to believe whatever he says she toldi don't know that s very much.

there are a couple -- a bunch of investigations going on. there's an internal investigation in the governor's office, an investigation going on in the state assembly. a federal investigation. it is something that is going to come out or won't. there's no question, though -- i will agree with you -- he has taken a real hit in the polls. a "new york times" poll indicated, among republicans, they want to see jeb bush, rand paul, and at this point, more don't want to see christie run. so i think he will be in much better shape if there's no smoking gun but there's certainly a included over a possible presidential candidate. >> but no evidence he had anything to do with any of this. chris, we're following a developing story involving hillary clinton, another potential presidential candidate. the clinton presidential library oohs begun releasing tens of thousands of pages of documents from former president bill clinton's time in office. the documents indicate staffers worked to humanize the former first lady. oh, no.

one maple -- memo says they wanted to use the emerging power of the internet to make her more relatable. we better put some people in prison. quote, internet has become a popular mode of communication. hillary could speak to young women through internet. i think hillary would have fun with this. oh, my god. they need to impeach them again. >> there are some things that are a little bit worse than that. but i agree, there's no there there. as was famously said. there's some internal memos, when it comes to hillary care, and if you don't like obamacare, you're not going like what they were all talking not terms of hillary care in 1993 and '94. she was the architect of that. people have known she was for healthcare reform for a long time, and i didn't get passed. unless we see something a lot more incriminating than what we have seen, this will be forgotten by the end of the week and maybe by the end of today.,.

rand paul coming out and reminding us of the clinton scandal because bill clinton will campaign in kentucky. it's beat then clintons day again. this is in your estimation, a effective strategy for this bunch? >> well, look, they're going after chris christie, the democrats are, and the republicans are going after hillary clinton. >> for what? no. no. chris christie has this huge scandal about using public money and the public bridges to get political payback. what did hillary clinton do? she didn't do anything? she used the internet to talk to women. >> well, i understand that. these -- wait a minute. there are 30,000 documents there. >> i know. >> that were supposed to be released a year ago. are you saying -- >> no. go through every one of them. >> okay, we should. >> i think we should, too. >> separate standards for the

clintons. >> certainly not but i wonder what was in the documents. >> i agree. and so far there's not much there but you don't know until you read them. >> got to read them. you don't seem happy today, chris. >> i'm very happy. >> the middle of your week. it's the end of our week. your week is wednesday through sunday out. week is monday through friday, or tuesday through thursday if we can manage it. >> i don't consider what i do work. >> what do you call it? >> i call it fun and entertaining and informing the public, and we'll have a great show. going to talk about ukraine, the irs with darrell issa, who has some new exclusive information. talk about the budget. i did a great power player of the week -- >> who is it. >> smithsonian has 137 million objects in their collection. you can put it online, and download it and have an absolute perfect replica of it on your desk, life mask of abraham lynnline on your desk.

>> i'd rather have a beer. >> who is the power player? >> it's the two young guys who run this 3-d operation for the smithsonian. >> i'm going to watch that. >> well, you watch it every week. >> i do, because you stole my producer jessica and she is doing a wonderful job for you. >> i didn't steal her. she just happened to want a raise. >> flew the coop. but she has to live in washington now so her loss. >> i don't think she is mining that. >> we love jessica. miss you. good luck, chris. we'll watch you on sunday from the beach. peace, love, all that. >> wow, models talking about models. the former cover girl carol alt is raising eyebrows. she says she doesn't understand the hype over supermodel kate upton. we have fun at work, too, what would make it more fun? >> beer. >> we'll be back. we asked people a question,

how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going have to rethink this thing. it's hard to imagin how much we'll need for a retirement that could last 3years or mor so maybe we need to approach things dferently, if we want to be ready for a longer retirement. ♪

just in from the new york city medical examiners office. fox news can confirm that the actor phillip seymour hoffman died of a drug overdose. the official cause of death just came out moments ago. cites several drugs found in his system, including heroin, cocaine, other drugs like valium and am get -- am get means. the death was ruled an accident. >> what some people are calling a supermodel showdown, fox news color girl said she doesn't get it about kate upton. he has been on the back cover of swim suit edition. care alt was on the cover. she said she doesn't understand the fuss over upton. she added that kate is presidency, -- pretty, and every

cover deserves to be talked about. karl alt join -- carol at joins us. what is this all about? >> first of all, i have to say i don't need to try to blow out somebody else's candle to make my candle burn brighter. like kate. i like all the girls. the issue is the media blew up something that was an offhand comment about the fact that all the girls are beautiful. how do you choose your favorite cover? >> carol alt. >> you got me. you got me. >> 1982. >> oh, my gosh, well, everybody has their favorite. what i was making a point about -- you got me blushing now. i can feel my face getting red -- >> i'm flattered to be mentioned in the same sentence as these girls. seriously. i'm the daughter of a fireman. was a fat little kid. i think the thing was, i felt

taken out of context by the media. the point is was trying to make is, what is different about kate upton or her cover compared to all the other girls? everybody is beautiful. >> they're all gorgeous, no doubt. >> look at irene irene chic. kate is good at the social media stuff, texting and all that social media stuff came in, in like the last four years. >> i don't understand what the big deal is? i read it. i'm like, who has a problem with anyone that has been said here? >> you should see my face when my publicist called me and said you need to answer this. i'm like, answer what? i stand by what i said. she is a pretty girl. i don't have anything against kate. i -- why would i say anything against anybody. >> that's not how you roll. >> and doesn't make my career any different and i don't need the publicity because i have my own show on fox.

yippy. i didn't get why her cover is being segwayed out and blowing up into things like this, things exactly like this. crazy things. i want to know who her media people are. >> when you put a swimsuit issue on the screen -- ask neil cavuto >> put a swim suit issue on the screen, your numbers go up. it's just good job, lillian. anybody giving you mess, turn around. >> you're the only one i'm answering about this. everybody asked bet i said i'll do shep's show. >> you did a fine job. leave carol alt alone. >> and i'll leave kate alone. >> good job. mardi gras is next week. >> do you east at mcdonald's? >> i do not. >> i haven't because i'm trying not to have this gut, but the

next story -- this is -- well, that's not the one he got -- this is a quarter pounder deluxe and this guy wanted more napkins. >> a problem with the amount of napkins. >> suing for $1.5 million. >> almost as ridiculous as the guy who spilled coffee on himself. coffee is hot no kidding. >> have a nice day. kate upton is gorgeous. >> and carol alt likes here. >> big day here in the news.

>> these are awesome. check them out an

underwater.com. look at this. i don't even know. a great white off the coast of western mexico. this next one is one of my favorites. this is like a family of barracudas and you can see the great barracuda. it's like staring down the rest of them. i feel like there's about to be a fight and this is a human over here. look at this. what is this, america? and london? that is a fish that ate a fish. see that? that's a victim's mouth, that's the victim, and the victim's eyes, and this is the perpetrators mouth. that is whack. isn't it? now, i look at this and i'm like, okay, that's manatee. i guess it's from a manatee family but not a manatee. it's called a hoop dog. a dogong, in a happy moment and this is a sockeye salmon,

somewhere, i'm told, in canada. popping out of the water a bit there. that's an undersea crocodile. look at the gills. you can see right through that. that's crazy. >> the man in california is reportedly suing mcdonald's for $1.5 million according to tmz. he says it all started because he got only one napkin with his quarter pounder deluxe. that's what they now call an angus deluxe. i don't know. the last time i was there they didn't have this treat. the web site reports it happened in los angeles or near los angeles last month. the man reportedly claims when we went back to the counter -- out there gnawing away on his quarter pounder, and when he goes up to the counter he asked for a napkin and the manager said he already head enough and mumbled something that was racially charmed, something about you people. i don't know. according to the reporting of tmz, mcdonald's later offered

the man free burgers. that's not enough. he says he was unable to work due to emotional distress over not getting enough napkin. trace gallagher is on this. >> we can't find any copy of the filing of the lawsuit and mcdonald's says they don't have a copy of it so it hasn't happened yet. after this man, whose name is webster lucas, had his run-in with the manager, he e-mails the general manager about the visit saying, i'm quoting: thank you for sharing your recent experience. i'm sorry you feel we have let you down. please be assured i'm following up at my restaurant to address the issue. he got the gm's e-mail and then webster lucas called the mcdonald's manager again but a claims the manager was still hostile and unreasonable so he e-mailed the gm saying i don't think you'll be successful in changing angel's -- the

manager -- deep-seated opinion of -- we tried to contact webster lucas and he has not yet return our phone call. >> trace, i worked fast-food. and i learned each burger gets one napkin. and each french fry order gets one napkin. that's all you get. unless you ask for more you have to control paper costs. here's one thing i can say about this. this is a rarity. these are an hour old. look at this. still in dang good shape there. or something. what do you think? >> that's the old napkin thing. in the day they didn't have all this goof. the deluxe has lettuce and onion and tomato. so one napkin? possible but not likely.

>> not likely. we know we're not the center of your life, but we'll do our best to help you connect to what is.

>> look at the dow. record high. how about that. as carol alt would say, yippy i have no idea. have a good weekend. ♪ >> and, oops, the government did do it again, and this time it is enough to make you puke. >> i can't believe this. lying around. >> the kid in the yellow shirt was not me. i told you we need an oops label for government, and here is yet another reason why. after spending $3.2 billion on healthier food in schools a new audit showing me