she says after she worked out with her son they revoked her membership for training him. crazy. thank you for about part of the "the real story." now john scott in for shepard smythe, live from the fox news deck. >> thank you. the malaysian government releasing a report on the disappearance of flight 370, now we know just how long it took for controllers to realize the jet had disappeared and that's not all. for the first time we're hearing from one of the jurors who convicted a minnesotaç7ñ?ñ?r murder for shooting two teenagers in his home. the juror telling us which peas of evidence made up his mind. and rob ford, what have you done now? the crack-smoking mayor of toronto starring in new recordings. wait until you see what he does. the back and forth over benghazi is reaching its boiling point with new accusations flying in both congress and the

white house. a retired general told lawmakers american forces should have tried to respond to the terror attack on the u.s. consulate in benghazi. i happened september 11, 2012, killing four americans including the ambassador to libya. some republicans accuse the white house of covering up the attackers' true motives. the white house denies that and says the controversy is political, part of a bogus conspiracy theory. we have live team fox coverage. ed henry at the white house, where he had an intense exchange with press secretary jay carney. but first, let's get to catherine herridge with more on the hearing in congress. >> the retired general tetched that seven hours into the attack on september 11, 2012, they knew at the command center in germany it was direct assault and not connected to a protest or a video. >> it was mayoral on in -- early on in the earning.

>> before 3:15 in the morning. >> absolutely. we were -- absolutely. we -- i would have to say probably dismiss that notion by then, by working with other sources. >> and by 3:15, local time, in the morning, on september 12th , 2012, sean smith was already dead, ambassador stevens was missing, and two hours latary mortar attack would kill the former navy seals. level testified they already knew, based on intelligence, that an al qaeda-linked group was to blame. >> it was -- >> the testimony is consistent with the september 12th e-mail from 2012 from state department official beth jones, where she tells mrs. clinton's closest aides, she is in touch with the libyans and told them sharia was behind the attack, not gadhafi loyalists. this e-mail was entered into the

record today at the hearing. >> what are democrats saying? >> this morning house minority leader nancy pelosi seemed to dismiss the testimony. >> diversion, subterfuge. benghazi, benghazi. why aren't we talking about something else? what i know of what i've read in the press about the -- the e-mails were very consistent with what was put out there before. i don't think there's anything new there. >> another democrat at the hearing this morning made clear it was levels opinion more should have been done-not that more could have been done to save the four americans killed in benghazi. >> might be some who, for various ropes would like to distort your testimony and suggest that you're testifying we coulda, shoulda done a lot more because we had capables we didn't utilize. >> that's not my testimony. >> the house speaker issuing a statement within the last hour,

calling on secretary kerry to he on the hill. unless more documents are proceeded in response -- provided in response to the subpoenas. >> let's get reaction from the white house. team fox coverage continues with ed henry on the north lawn. sounds like jay carney was sticking to his talking points from yesterday. >> no doubt. the bottom line ising this e-mail wherein by ben rhodes, that was idea to prep susan rice for the sunday talk shows, jay carney again today said, look, this was about putting talking points out there, focused on the broader protests in the middle east, not just benghazi. the protests were going on in cairo and elsewhere. but that does not explain why this e-mail was turned over in recent days because of a lawsuit specifically involving the benghazi issue. listen. >> if the e-mail was not about benghazi, as you said yesterday ask say again today, why didn't the white house turn it over to a conservative group seeking

information about benghazi? >> you have to ask the state department how they responded to foia requests. i again point to the fact -- just read it, ed, right? >> we have read it. the conservative group that was demanding this in the suit, judicial watch, specifically was citing the need for documents they wanted turned over from the state department, which is obviously the president's administration. this is not a separate agency or something. they specifically wanted documents on benghazi. that's why the head of judicial watch is now claiming he thinks there could be bigger problems because there was a congressional subpoena for many months seeking documents just like this that were not turned over until the last few days. >> critics say the white house has engaged in a coverup here. >> that was a strong word raises by john mccain today. white house officials sharply pushed back. but john mccain is trying to make the claim the reason why these talking points were out there and the talking points were stressing this came from a

muslim -- antimuslim video and not about terror, was that the president was up for election and that the white house was pushing this politically. listen. >> you have to understand that's in the context of the obama re-elect campaign, what susan rice says, al qaeda has been decimated, the embassy was stable and secure. this was all in line with a re-election campaign rather than the facts surrounding the tragic deaths of four brave americans. >> jay carney pushed back in several ways, one was to say the section of the ben rhodes e-mail that focus canned on benghazi, which is cut and pasted from cia talking points on the issue, suggesting the white house was not pushing this politically, number one, and, number two, he said that me and my bosses, specifically going after fox news, are just upset and pushing these questions because the conspiracy theory on benghazi has not been proven.

>> ed henry, thank you. joining us now a staff reporter at "the hill" newspaper in d.c. you. heard jay carney's explanations about the newly revealed ben rhodes e-mail. do they pass the smell test? >> that's the question. if there weren't documents addressing other protests other than the protests in benghazi, widespread protest, do they have ones that address benghazi? what other information in documents that weren't produced because the warrant specifically about bren georgia si -- benghazi that might lead to us other conclusions. so that re-invigorated the push. >> what happened on that day, september 11, 2012, nobody really cared a few dies later about protests in cairo, for instance. what all of this country was talking about was the fact that we had the first ambassador in

nearly 30 years who had been killed on the job, and three other dead americans. >> right. that would be the big news of the day, and jay carney today and yesterday read headlines from the week, trying to prove it wasn't sort of a central focal opinion, but it absolutely was. that argument doesn't really seem to hold water, and that's why we're seeing so much contention in these white house briefings. it seems like they have sort of muddled the issue on this one and they're not going to be able to get out of it. the reason the issue has fallen off attention is because there hasn't been any new news. now there is. now there are new details. so questions are going to continue. >> right. because it also raises the question, what other information might be out there? if this document has just now come to light due to a freedom of information request. >> right. what other documents had to do more broadly, again, with those other protests, but also included details on benghazi and also may shed some light on the discussion that was going on in

the subsequent weeks. >> all right. thank you. it appears the crack-smoking mayor of toronto, rob ford, is finally getting some help and it comes amid new pictures suggesting the mayor did drugs as recently as this past weekend. that and details of a reported drunken run-in with justin bieber. coming up. nineteen years ago, we thought, "wow, how is there no way to tell the good from the bad?" so we gave people the power of the review. and now angie's list is revolutionizing local service again. you can easily buy and schedule services from top-rated providers. conveniently stay up to date on progress.

and effortlessly turn your photos into finished projects with our snapfix app. visit angieslist.com today. ♪ [ banker ] sydney needed some financial guidance so she could take her dream to the next level. so we talked about her options. her valuable assets were staying. and selling her car wouldn't fly. we helped sydney manage her debt and prioritize her goals, so she could really turn up the volume on her dreams today...and tomorrow. so let's see what we can do about that... remodel. motorcycle. [ female announcer ] some questions take more than a bank. they take a banker. make a my financial priorities appointment today. because when people talk, great things happen. make a my financial priorities appointment today. if yand you're talking toevere rheuyour rheumatologistike me, about a biologic... this is humira. this is humira helping to relieve my pain. this is humira helping me lay the groundwork.

this is humira helping to protect my joints from further damage. doctors have been prescribing humira for ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. humira is proven to help relieve pain and stop further joint damage in many adults. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. take the next step. talk to your doctor. this is humira at work.

toronto's crack-smoking mayor, rob ford, boarded a plane will start a 30-day rehab program at one of the best facilities in north mrs., according to his brother who would not say where the facility is, mayor ford taking a leave of absence and seeking professional help after another video surfaced showing him smoking crack again last weekend. there were still images published showing the mayor holding a pipe. the video is one of three clips that a self-professed clack and heroin dealer claims to have shot at the mayor's sister's home. the dealer is trying to sell the footage for six figures. you might recall back in november mayor ford admitted to having smoked cracks months after a did video ementioned showing million doing just that. at the time he insisted he was not an addict but the mayor has been reportedly partying pretty

hard lately. on march 15th, the saturday before st. patricks day, the mayor took some guises he just let to his favorite night club in a party bus. they said he was incoherent and appeared to be doing just and at one point ran into justin bieber. the mayor got mad and charged off after the biebs asked him, quote, did you bring any crack to smoke? the toronto sun newspapers reports it has obtain an audio recording of mayor ford on a drunken rank in a bar on monday night. listen. >> that ethnic slur was a derogatory term for italians, one witness said the mayor was,

clothe, real -- quote, really wasted. what else has the mayor said about this leave? >> reporter: nothing publicly but i talked to his attorney a short time ago who told me that ford does knowledge he put his friends and family and wife and kids through an awful lot of pain. the move came as a surprise not not a shock. ford clearly has a problem but it wasn't until these videos came out he was forced to go into rehab. finally acknowledging i have a problem with alcohol and the choices i have made while under the influence. i tried to deal with these issues by myself over the past year. now know i need professional help and am now 100% committed to getting misright. a lot of people believe ford only made the move because he got caught allegedly smoking crack again, and drunk, making vulgar statements bat fellow candidate for mayor.

>> his brother, doug ford, said his -- that he is relieved that ford i finally seeking help joshes i love -- help. >> i love my brother. i'll continue to stand by my brother. and his family, through this difficult journey. >> in an interview today ford's mother said she had no idea her son's problem was so bad, which has got a lot of people thinking, really? john. >> the mayor is running for re-election. there is talk of him dropping out? >> certainly have been caw calls from his fellow politicians and other candidates to drop out of the race. as he left for rehab with his bags packed there was no sign he was going to do that. his attorney told me a little while ago he remains resolute

after he gets another of treatment he is going to continue his campaign for mayor and says he remains popular and he told me -- from the attorney -- have you ever seen anyone other than santa claus who people so easily warm to? john? >> john roberts, who is from toronto, not actually in toronto at the moment. my mistake. thank you. a killer's own words are what finally did him in, according to a juror on the case of the home owner in minnesota who killed two teenage intruders. me man said it was self-defense. he feared for his life when the broke into his home. but the juror says recordings of smith describing how he killed the two teens in chilling detail helped convince the jury it was murder. >> i don't know how it would have been different if he had had a lawyer, if had destroyed his recording, those are unanswered -- we'll never know the answer to that. very sad. very tragic. no winners.

i'll pray for byron. >> took the juror only three hours to convict smith. the judge sentenced him to life in prison. the juror says the case took an emotional toll on everyone sold. police say inmates mights be on the loose after a deadly explosion rocked a county jail. coming up, a live report from that scene. plus, severe flooding from the deep south to the east coast. a massive sinkhole swallowed cars in one city. details and a live updebt front the weather center ahead on the fox news deck.

we need it right away! we cannot let the fans down. don't worry! the united states postal service will get it there on time with priority mail flat rate shipping. our priority has always been saving the day. because our priority... amazing!

...is you! the amazing spider-man 2 delivered by the united states postal service.

>> an explosion rips through a jail in florida. now police say it's possible some inmates could have escaped. the blast happened last night in

pensacola at the county japan. here's he front before the explosion and here's the scene last night. you can see the front part of the jail completely blown out. some people say they could hear or feel the explosion up to three miles away. county officials evacuated 600 people from the building. the county spokeswoman says authorities are investigating if the weather had anything to do with the blast. parts of the pensacola area got nearly two feet of rain that flooded part of the jail. let go to pence could la. how likely is it there are inmates on the loose? >> reporter: the county officials say three inmates are currently unaccounted for, and while they say it is entirely possible that some of them may have escaped, they also can't rule out the possibility that they are among the dead, the bodies still inside this highly unstable building. the sheriff says identifying the

victims may take some time. listen. >> the identification, depending pop -- upon the condition of the bodies that we find and, again, i want to be kind to the families here because no one has been notified. may require fingerprinting. >> so far officials have confirmed two fatilities, both of them inmates and also say it's entirely possible the death toll could rise. >> what are investigators saying about what caused this? >> reporter: although the exact cause remains unclear, we do know that this building had lost power during yesterday's intense flooding that was sweeping the region. the building was relying on electricity from a backup generator. listen. >> the building had just been repaired from another 100 year flood in 2012. 26 inches. so the kitchen is below ground, and that had been flooded in 2012 and again a day or two ago.

so, we believe there's a causal relation but we'll let atf and the fire marshal make that decision. >> reporter: again, that investigation may take some time because this building behind me is partially collapsed. john? >> thank you. more now on that severe flooding from the gulf coast to the eastern seaboard. folkses in florida, and alabama, got the worst of it. record rainfall swamped roads and buried cars. many people evacuated homes and headed for higher ground amid more than 20 inches of rain. those storms also wreaked havoc further north along the east coast. look at this massive sinkhole in baltimore. witnesses say the collapse happened quickly, in 15 seconds. a retaining wall, part of the sidewalk and several cars plunged down an embankment and on to railroad tracks. other vehicles barely hung on to the road. no word of any injuries there. the heavy rains swamped roads in philadelphia. the rising waters flooded cars

up to their windows. chief meteorologist rick is live with more in our fox weather center now. >> crazy amounts of rain across the northeast yesterday. all part of the same system that brought the tornadoes and flooding to the south. but it's gone and that's the good news. you see how heavy the rain was here from around d.c., towards new york. this new york city rainfall amount, a tenth largest rainfall total in a single day. when you think about all the tropical storms, hurricanes, gives you an idea how much rain and where the flooding was. a big swath got two to three inches of rain and the areas in red, five to six inches of rain in a 24-hour period. flash-flooding going on but we'll see that recede. want to talk about the south. we'll see a little more rain. the rainfall so far this year, and how much above average we

are in tallahassee. look at that in pensacola. you generally would have had 20 inches of rain by this opinion in a year. they've had 50 inches. 30 inches over your averages and this is the future radar. we'll see a little bit more rain across the panhandle of florida, but a that exact same system, the end have to cold front, will sag along the florida and we'll clear things out for most of the country for the weekend. >> that sounds good. we just told you about the explosion at the county jail in florida. we are just being told in a news bull continue say officials located three of the inmates who were missing. however the alert does not say whether they are alive. we'll get you more information as soon as it becomes available. >> we're also getting new details about delays in the search for malaysia airlines flight 370. nearly two months after the plane went missing the malaysian

government released a preliminary report on the investigation. our first look inside the south korean ferry as the ship was beginning to tip. some of the high school students onboard started wondering whether they would survive. a warning, it's not eachy to watch. [ female announcer ] there's a gap out there. ♪ that's keeping you apart from the healthcare you deserve. ♪ but if healthcare changes... ♪ ...if it becomes simpler... the gap begins to close. ♪ when frustration and paperwork decrease... when doctors are better connected... when grandparents get to live at home instead of in a home... ♪ ...the gap closes even more.

♪ and you begin to live a healthier, happier life. ♪ so let's simplify things. ♪ let's close the gap between people and care. ♪ but with less ergy, moodiness, i had to do something.e. i saw mdoctor. a blood test showed it was low testosterone, not age. we talked about axiron the onlynderarm low t treaent that can restore t vels to normal in about two weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especlly those who are or who may become pregnant, and children should avoidt where axirons applied as unexpected signs of puberty in children or changes in body hair or incased acne in women may occur. report these symptoms to your doctor. tell your doctorbout all medical conditions and medications. serious side effects could include increased sk of prostate cancer,

worsening prostate symptoms, decreased sperm count, ankle, feet or body swelling, enlarged or painful breasts, problems breathing while sleeping and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, common side effects include skin redness headache, diarrhea, vomiting, and increase in psa. ask your doctor about axiron. more from the day's headlines. secretary of state john kerry says the middle east peace process is on pause, after palestinian leaders announced plans to form a unity government with the militant group hamas. secretary kerry suggests the u.s. was surprised by the announcement which led israel to withdraw from peace talks. >> general motors reports u.s. sales roast 7% in able, despite headlines for re-calls. chrysler reported a 14% sales

increase and ford sales dipped 1%. >> firmer president george h.w. bush is hitting the trail for wounded warriors. 16 veterans joined hem for a ride in central texas. the fourth year the president has hosted the race. we'll have much more from the news deck right after this. [ dennis ] it's always the same dilemma --

who gets the allstate safe driving bonus check. rock beats scissors! [ chuckles ] wife beats rock. and with two checks a year, everyone wins. [ female announcer ] switch today and get two safe driving bonus checks a year for driving safely. only from allstate. call 866-906-8500 now. [ dennis ] zach really loves his new camera. problem is...this isn't zach. it's a friend of a friend who was at zach's party and stole his camera. but zach'sot it covered... with allstate renters insurance. [ female announcer ] protect your valuables for as low as $4 a month when you add renters insurance to your allstate auto policy. call 866-906-8500 now. what are you doing? we're switching car insurance. why? because these guys are the cheapest.

why? good question. because a cut-rate price could mean cut-rate protection. you should listen to this guy. [ female announcer ] with allstate you get great protection and a great price, plus an agent! drivers who switched saved an average of $498 a year. call now and see how much you can save. just a few more ways allstate is changing car insurance for good. [ female announcer ] call an allstate agent and get a quote now. a new report shows jon it took officials to notice flight 370 went missing. 17 minutes went by were air traffic controllers in vietnam reported the jet disappeared from radar, and it tack malaysia four hours to launch a rescue operation. much of what is in the report is not new, and it concludes we need a better system to track planes. malaysia air is telling relatives of the missing passengers to go home and wait for news. since the jet went missing the airline has been putting up the

relatives in hotels. officials say that will end in a few days and the families should get search updates from, quote, the comfort of their own homes. trace do we know why it took them four hours to begin the search? >> well, we know the report shows for at least the first two hours there was massive confusion between the air traffic control in kuala lumpur operations center at malaysia airlines. at 2:03 in the morning, malaysia air operations center said the plane was in cam bode yap air space. cambodia said, it's not. and then at 2:45 the malaysia airline says the plane was in vietnam speaks. vietnam told the control tower, no, it's not. it wasn't until 3:30 in the morning, two hours after the plane disappear, that malaysia air acknowledged their tracking was not precise. clearly that slowed things down quite a bit. that's two hours. as to why the search didn't

begin for an additional two hours is very unclear and not stated at all in this five-page report. >> what does the report say about the radar data? >> well, we all know that the time military picked up the plane making the big sweeping left-hand turn on radar the report says the reason the thai military did not do anything is because they deemed at it friendly flight. the report also says that flight 370 flew over sue sue mat -- sumatra, but snow ya disspewsed that, saying there is no radar dat at that -- at&t at all. the lack of good radar data has made the search difficult and expensive. the search could run into the hundreds of millions of dollars, some put the price tag at near a billion dollars. we know japan has pulled out of the search and the costs could cause other countries to start pulling their resources out. >> let's get more on this with

our aviation security analyst, mike boyd. this plane was missing for four hours before any knew or launched a search. it had seven and a half hours of fuel onboard. so this was probably still in the air before anybody noticed. >> absolutely. the five page report, which was on a facebook page, for crying out loud. it was embarrassing and didn't give us anything knew and why all the glitches took place. the airplane was here and there. they need to investigate why the false reports came out and where they came from. they didn't do anything like that. >> the malaysian government owns the airline. the malaysian government bears some responsibility here, doesn't it? >> absolutely. they're the majority holder in the airline. what they came out with was misleading garbage. they say in the report the air plane made a turn but didn't illuminate in the report it was a day or two before they

announcedthey didn't illuminatee stories of the airplane going up, going down, going around indonesia. it just said, we need something to track airplanes with. we need probably a new government in kuala kuala lumpu. >> what about the prospect of a tracking device that would keep tabs of the jets. >> they will probably be done. this is not something we have always needed. happened with air france. cooperate find for a couple years, and now this one. overall we don't lose airplanes but you can pretty much bet in the next 18 months to two years all airplanes have something kind of a tracking device. >> well, the air france flight, they found debris from that plane five days after it first hit the atlantic. still took them two years to find it. what are the prospects of finding this one? >> i don't know.

at this point in time, it's going to be hit or miss, or we'll have to dig up some additional intelligence to find out what happened. thesaurus no guarantee it went down in the indian ocean. might have been in the bay of bengal. we don't know. >> sad for the relatives who are still apparently clipping on to hope their relatives will be found alive. no chance of that at this point, is there? >> i don't think so. i think almost impossible. i understand the grief they're going through, holing on to anything. but at some point in time you have to'll the plug and say, it's gone, and the airline just did that. but the fact of the matter is they've been diddling with this now for almost two months and should be ashamed of themselves. >> every air crash is a little different. there are elements going to teach us to -- that we're going to learn from basically after what happened to malaysia 370? >> i don't know.

being missing on a radar screen for 18 minutes, i can understand there's a lot of airplanes in the sky and they don't look at every blip. the thing we'll learn now is probably going to be tracking airplanes and that will help, but it doesn't answer what happened with this airplane, because there was foul play. there has to have been foul play. and we have to dig out why. >> mike boyd, an aviation security analyst out of dan very. thank you. >> thank you. >> we are getting our first look at the chaotic moments aboard the south korean ferry right when it began to sink. this might be tough to watch. >> among the panic shouting you can hear passengers ask each i've they were going to die. you can hear the announcements telling the students to stay put. of course we now know the captain and more than a dozen crew members escaped. they are now facing criminal

charges. the father of one victim found this video on son's cell phone after the crews found hissed body on the ship. the ferry went down last month off the southern tip of south korea. hundreds of people died. dozens of other passengers remain missing. investigators say they are looking into what caused the ferry to sink. the crisis in ukraine had more russia -- has made russia more of an enemy than a partner, according to the number two official at the nato. video shows pro-russian militant attacking riot police and storming a prosecutor's office in a town in eastern ukraine. meantime, police and volunteers set up road blocks outside another town trying to stop pro-russian militants from entering. ukrainian officials say some militants are actually elite russian soldiers. today row, held its first may day parade in red square since

vladimir putin gave out some hero of labor awards originally created by joe -- joseph stalin. >> internet giants are eyeing an important court case that might be in the hands of the u.s. supreme court. the outcome of this case could change the rules the next time you leave any kind of a comment on a web site. >> plus, why you might want to reconsider your next visit to the nail salon. jeff... hey, scott! top of the mornin' to you, sir. this is no time for lollygaggin', lad. but we love lollygaggin'. we do. but it's a battlefield out there! you know the chickweed is surrounding yer sidewalk and the dandelions are stealing precious nutrients! now's the time to send in the scotts turf builder weed & feed, man! it kills weeds while it feeds and strengthens your grass. that sounds easy. thanks, scott. any time, kids. get scotts turf builder weed & feed. it's guaranteed. feed your lawn. feed it!

it's guaranteed. with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. and the more i focus on everything else, the less time i have to take care of me. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. glucerna products help me keep everythibalanced. (crash) ugh! i'm good. well, almost everything. [male announcer] glucerna. delicious shakes and bars...

a heads up for the next time you visit the nail salon. the ultraviolet lamps that help dry your nails could put you at risk for skin cancer. researchers say they have the same uv as tanning salons. the lead doctor on the study

says he would not tell all of this patients to stop going to nail salons, only folks who go more than once a month. an important court case could change the rules for the comment on web sites large and small. some legal analysts call it a potentially precedent-setting case that is destined for the u.s. supreme court. the case resolves around a former cincinnati bengals cheerleader and online comments that were false. the cheerleader, send here, errings sarah jones. in 2012, a court con ricketted her of having section with an underage boy. later she sued this man, the owner of the dirty.com, after posts appeared on his web site about her sex life. this particular gossip site invites folks to post-dirt on others and lets people leave comments, some which can be quite offensive. according to the cheerleader, two comments claim she had sex with every bengals player on the team and contracted various

sexually transmitted diseases. a jury determined the comments were not true. a judge ordered the web site's owner to pay $338,000 saying he is responsible for the content posted by others. his attorneys say, he is protected under a nearly two decades old law meant to promote free speech on the internet by giving immunity to web site owners over the user's content. well, now, an appeals court is hearing the case. arthur aidala is a fox news legal analyst and is here to discuss this one. she won the case, $338,000. it has a lot of big companies, as we said, microsoft, google, amazon, shaking in their boots, why? >> they have already filed a briefs on behalf of the owner of this web site, the dirty. i give this judge a tremendous amount of credit. there is free speech, and we live in a country of free speech, but there need to ofs to

be a degree of responsibility regarding free speech, and here is the narrow aspect of this that the judge -- the appellate judges could not rock the boat totally. this particular web site, the dirty, they have somebody who monitors the comment section. that is not true of every other web site. so the "new york post" newspaper don't have anybody monitoring the comment section. the dirty dozen, not only are they're monitoring it, they're getting involved in the conversation and heightening the rhetoric. the judge wrote, they're promoting this type of behavior, and he note what their name is, the dirty. so, they're not out there to disseminate information or allow opinions, real opinions to be put out in the public. they're there to cause trouble, and propagate lies, and that what thigh judge held them liable. >> but then if down the road, if

this verdict stands, then a web site could simply say, we just didn't have anybody monitoring this and we're not responsible. >> you are to some -- to some degree you're correct. there are laws, evidentiary laws so people will get called and asked about that. i'm guessing people want the answer, is angieys list, yelp -- the web sites cannot be held liable but there is precedence if you good on -- john scott, you write, arthur aidala is a horrible lawyer because of a, b, and c, and if a, b, and c are lies, foolshoods, i cook sue for the negative impact on my law practice, and there have been cases where i have won, where you were posting lies and i could show the damages and prove the damages, i win, you lose. so people have to be a little cautious before they start spewing garbage on the internet. >> individual people have to be careful what they post. >> i think that makes a lot of

sense. as americans we should be responsible and write things that are accurate to the best of our knowledge, not create falsehood just to hurt people. they only put this on there to hurt this woman. there was no viable -- reasonable reason. nobody was ben it publish benefd by saying she slept with the team. it's going to be a vicious argument, with the heavy weighs weighing in, google, amazon, et cetera, and et cetera, and then goes to the nine people in washington. >> will got to the supreme court either way? >> no. it's up to the supreme court, so i believe it's four of the nine justices have to agree to hear it. but if the circuit court here, the appellate course, has anywhere rove way of getting out of this by saying we affirm the lower court's decision, just because this web site, in particular, was encouraging this type of behavior, and participating in this type of behavior.

>> arthur eye do la -- >> a great case, very important case for america. >> thank you. much more ahead from the fox news deck, but first, leya has more headlines. >> the u.s. spent 7 billion of your taxpayer dollars trying to red afghanistan of opium. this year's opium harvest could top last year's record of 6,000 tons. opium is the main ingredient in heroin. investigators say an off-duty new york city cop shot a man six times while apparently firing his gun at random. they arrested hem on tuesday. police say he refused a breathalyzer test and is now suspended without pay. the victim is in stable condition. one day, this lion may want to eat you. for now, just looking to have a little fun. this is what few cubs in a japanese zoo. they're just over a month old. the zookeepers are allowing fans

to have their pictures taken with them. >> this reminds me of your adoring fans. >> s they probably like to take a bite if they could. right now, hundreds of families are waiting to find out whether they are going to have to run from their homes to avoid an out of control wildfire and as high winds fan the flames, we'll take you there live. the day we rescued riley, was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley.

for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com humans. we are beautifully imperfect creatures living in an imperfect world. that's why liberty mutual insurance has your back, offering exclusive products like optional better car replacement, where if your car is totaled, we give you the money to buy one a model year newer. call...

and ask an insurance expert about all our benefits today, like our 24/7 support and service, because at liberty mutual insurance, we believe our customers do their best out there in the world, so we do everything we can to be there for them when they need us. plus, you could save hundreds when you switch, up to $423. call... today. liberty mutual insurance -- responsibility. what's your policy?

>> crews working to contain a wildfire in southern california are facing another day of temperatures approaching triple digits. the fire, burning roughly a thousand acres in rancho cucamonga east of los angeles. the fire did not grow overnight and crews have 10% contained today. they've lifted manner to evac was orders for more than 1600

homes but say folks should still be ready to leave at a moment's notice. those officials closed several schools for a second day, and forecasters say the hot, dry conditions, put the area at risk for more wildfires. will carr is live in rancho what are the conditions there now? >> reporter: well, this fire burned more than a thousand acres yesterday and today we two indent team. they walk along the burn scar from yesterday and they're looking for hot spots. they're looking for flames that will jump up. they have hand tools, chainsaws, anything necessary to put down flames. they say this is a wind-driven fire. and take a look at video from yesterday. we were seeing gusts occupy to 101-miles-an-hour. they're hurricane type winds. winds -- one resident told us she got knocked off her feet by a huge gust. today the winds have not been as

bad, at 30-45 miles-per-hour, but have been strong enough to keep air tankers and helicopters on the ground. these a season anna winds. they're very shifty. they bus one way, then in a split second later the fire jumps in a different direction. >> the winds change and the fire that is burning up in the hills, the direction of the fire will change and will burn up into the mountains and could constitute a threat in other locations. >> reporter: we were on the front lines with some firefighters yesterday. the fire today is burning in a much more remote area, but they tell us as of right now it's only 10% contained. they tell us they got in rain last week and that helped a lot, but community members tell us what is making the real difference is the men and women who are down here, who are making sure they're doing everything they can to keep these communities safe. john? >> will carr. thank you.

we'll be right back. i think the biggest value of truecar...

was that it gave me... confidence to buy my very first car... and to walk out of that dealership... and know that i got a good deal. save time, save money, and never overpay. visit truecar.com

here's a place where it's okay too scuff up the ceiling. a construction just finished this upside-down house in shanghai. looks like your average two-story hem. a kitchen, bedroom, living room, with a giant sofa that hangs before your happened visitors say they felt dizzy. it costs $800,000 to build the house. >> officials in portland, oregon, did not dump thousands of gallons of water from a reservoir after a teenager relieved himself in it. surveillance videos show three teens breaking in. they have he one doing the deed. he got a citation for it. officials tested the water the next day, they say it is safe but they are still not letting folks drink it anytime soon. instead they moveed the water to

a different reservoir and will keep an eye on the quality. >> and let's take a look on this day in 1963. james whitaker, the first american to climb to the very summit of mt. everest. a decade earlier, new zealander edmund hillary and a sherpa became the first to summit the world's tallest mountain. every year hundreds of people head to the himalayas hoping to make the trek above 29,000 feet. a booming business for then patch last month an avalanche killed more than a dozen sherpa the deadliest disaster in the mountain's recorded history. hundreds of sher's a are now refusing to work and a lot of climbers have headed home. the but the first american reached the roof of the world 51 years ago today. >> i'm john scott in for shepard

smith. "your world" is coming up next. thank you for joining us today. [bell ringing] ♪ you remember that? "call me" by blondie. i'm the only one here who remembers it. i it was at the top of the billboard charts, father a faucet was a hot star, dallas was number one and j.r. eulogy was captivating the nation, and ronald reagan would capture the white house and would be name the "time magazine" map -- man of the year, and i was just graduating from college. i was 40 years