hello, everyone. welcome to america's news headquarters. >> hello, everyone. i'm eric shaun. in the news at this hour, mitt romney has last-minute predictions before tuesday's big elections. what he says this year's mi midterms will show america who the real party of no is. >> and the nurse quarantined after returning from an ebola hot zone in west africa speaking out again. why she's now accusing lawmakers of putting politics over science. >> plus, following that horrible explosion of the space plane, we'll take a look at what the future holds for the future of the private space flight industry.

but first, our top story. less than 48 hours before the polls open for the 2014 midterm elections. and we've got it all covered for you here on fox news channel. an enormous amount of money is being spent, much of it for senate races as each party fighting down to the wire for control. more than half a dozen of those races are too close to call. and meanwhile, president obama, well, he's on the campaign trail, but with his popularity dropping, he's considered tainted goods to democrats in red states, so he's sticking to reliably blue territory. we have live fox team coverage, senior national correspondent john roberts is watching the race for senate in louisiana, which could wind up in a runoff. first, let's send it to chief white house correspondent ed henry, traveling with the president. he's standing by live in philly. hi, ed. >> good to see you.

pretty chilly, windy here in philadelphia. might be symbolic of that cold shoulder the president has gotten from a lot of the candidates, specifically senate democrats who do not want him to be any part of their battle for the majority control of that chamber. instead, he's been going to, as you say, safer states like pennsylvania, right now he's in connecticut before heading over here. you see live pictures, a rally in a short time. he'll be speaking later this hour for dan malloy, the democratic governor there in a tight race. this comes as an abc news washington post has a poll that shows the president's favorability has reached the lowest point of his presidency. in that poll, 44%. down five points just since the beginning of this year. the president out on the road has been saying this election is about a choice, and the democratic vision for the future, but republicans like mitt romney say it's time for a different kind of change. >> you all got somebody in your family like that. you're going to have them over for thanksgiving, but you don't want to put them in charge.

am i right? >> people want to see real change and recognize as long as you have all the same players, harry reid and barack obama block aiding any kind of progress, you're going to see america going in the same direction we have seen it. >> the president noted while his name is not on the ballot, his policies are. that's one of the things senate democrats were not very appreciative of because republicans have jumped on that, of course, those policies as well as this president may be dealing with a much different political reality come wednesday morning if republicans take control of the senate the night before. >> all right, well, you're going to be a busy man, ed henry. thank you very much. >> meanwhile, a heated senate race in louisiana. that's where democratic senator incumbent mary landrieu trailing in the polls behind bill cassidy, and guess what? there's a tea party candidate also in the mix. and all that means is the final outcome may not be known, not even this week, but could hinge

on a runoff in december. john roberts in new orleans with the variest latest on this. this is some race so far. really close. >> really is, eric. that's why they call it a jungle primary, because everybody is in it all at the same time. mary landrieu facing probably the biggest challenge since she was first elected back in 1996. polls showing she likely will not achieve the 50% of the vote necessary to avoid a runoff. still, she is trying to put this whole thing to bed on tuesday, bringing in yesterday a high wattage appearance by hillary clinton. landrieu also not backing down from comments she made the other day that part of the reason that president obama is so unpopular in louisiana is because of racism. >> what do you say to people who say you insulted the state? >> it doesn't bother me. i think the statement stands for itself. i think they took my word as i said and twisted it for their own political gain.

>> republicans including landrieu's challenger bill cassidy have leapt on the comments saying landrieu is insulting voters, insulting louisiana, trying to make excuses for her poor showing in the polls. ben carson who campaigned for cassidy yesterday, sees it as a form of race-baiting to anger african-americans to get out to the polls. >> i don't know that kind of stuff comes from. it's ridiculous. we need to get away from those types of old fashion, inflammatory rhetoric, which is trying to manipulate people. >> during a speech yesterday to the north shore tea party, dr. carson urged tea party supporters to abandon third party -- actually republican candidate rob manus. more than one candidate can run and instead vote to put cassidy over the top. >> if neither candidate gets 50% and they go to the december runoff, what happens then?

>> well, it would seem to suggest by looking at the polls that cassidy probably would prevail on december 6th. this is ground that landrieu has trod before. in 2004, she went to a runoff, not 2004, rather in 2002, she went to a runoff. she won that by three points. 1996, her first race, she won it by just a third of 1%. so she's been here before. she knows how to do it. there's a chance she could prevail on december 6th. >> sounds like we won't know on election night but keep going for a month-plus. john, thank you so much. >> thanks. you can join us tonight for an election special here on the fox news special. starting the coverage of the election 48 hours from now. bret baier, megyn kelly hosting the special at 8:00 p.m. and bret and megyn will be heading up the all-star action, tuesday, november 4th. it will be continuing after bret along with julie banderas,

anchoring the special coverage all through the night. you can join me starting at 1:00 a.m. to 4:00 a.m. if you're up. we hope you are. you can also stay connected with foxnews.com for all the coverage. and very good. meanwhile, there is this. israel posing a border crossing into the gaza strip following a rocket attack, while the prime minister urges calm in jerusalem. jerusalem has been the epicenter of clashes between palestinians and israeli police after israel closed the temple mount for a day last week after a palestinian shot and wounded a prominent activist. >> well, the radical islamic terrorists of isis conducted more horrible massacres this time as they advance in iraq's anbar province. they were lined up and gunned down 50 tribesmen, women and children, and the slaughter, we're told, could even resonate at home. we have the latest from washington. >> this latest atrocity by isis

appears to be a weekend-long mass killing spree that now stands at 200 men, women, and children of a tribe closely aligned with the united states. the public executions appear to be both retribution and warning to others fighting isis in anbar province. it's seen as a key battleground for kroer of iraq, and isis' prowess is serious fodder two days before the midterms as the republicans attempt to make the election a referendum about president obama's policies and leadership. >> the president himself said he's not on the ballot but his theories are. which is weakness and hesitancy. >> what we have been able to get is more consensus, more strength to deal with serious problems that affect u.s. security. on extremist groups. >> putting this in perspective, the president's foreign policy approval numbers are in the mid-30s compared to the last two election cycles. it is a precipitous drop. however, when asked about what

is the most important issue, 43% say the economy. foreign policy is fourth on the lisz. there's speculation president obama might change his isis strategy after the midterm election as reports from the battlefield continue to show the current u.s. and allied strikes are far from a knockout punch able to stop the atrocities that continue. eric. >> all right, thanks so much. >> and eric, a fierce battle under way in the syrian border town of kobani as iraqi peshmerga fighters clash with isis militants who have besieged the town for the past seven weeks. the forces bringing badly needed re-enforcements including artillery, heavy machine guns and antitank missiles. meanwhile, along turkey's border, turkish troops are standing ready to defend their territory as refugees head for safety. >> and bomb blasts killed rep t reportedly 45 people in

pakistan. that happened in lahore, near the shared border with india. we're told the bomb went off outside a restaurant on the city's outskirts. a police official saying the death toll is likely to rise because they say about 70 more people are wounded, some of those people sadly in critical condition. police saying the attack, though, does look like the work of a homicide bomber. marine sergeant andrew tahmooressi returning back in florida where he'll be receiving treatment for post traumatic stress disorder. a mexican court releasing the veteran after a drawn out legal battle that saw him spending seven months in a mexican prison allegedly for crossing into tijuana with three weapons inin his car. he's now safe and sound and taking t decompress. >> they're back together. you know, a very nice reunion, and i think they're going to spend a little time as a family. i think, you know, he's been in

custody for seven months now. and i think he just needs a little bit of time and space. >> greta van susteren will have an exclusive interview next week with tahmooressi. be sure to keep an eye out for that report. >> can't wait for that. should be quite interesting to hear what he has to say. meanwhile, visitors to the magic kingdom got a bigger dose of reality than they bargained for. take a look at this fire. it happened on top of a popular ride at disney world. coming up, we'll tell you how fireworks, they think, played a part. >> plus, would a republican led congress get a bill passed on immigration. mitt romney has thoughts on that. and on this sunday, we have happy runners here in new york city this late afternoon. the new york city marathon still going, step by step. brian is right near the finish line where security has been air tight. hey, ryan. >> many of the 50,000 runners

have just crossed the finish line wearing their blue jackets on what has been a particularly cold and windy day. more on that and millions of spectators lined up along the city's streets of new york to cheer them on. that brings us security concerns. we'll talk about that next. love the real scratch made taste of warm nestlé toll house cookies? well with new nestlé toll house frozen cookie dough, you can bake as few or as many as you please. whenever your sweet tooth comes calling, they're frozen and ready to bake. find them in the frozen aisle. bake some love™.

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time for a quick check of the headlines now. debris from a fireworks display at disney world starting a small fire. and one of the rides. the fire temporarily shutting down the seven dwarfs mine train. fire crews quickly put out the blaze and the ride started again soon after. >> a yacht carrying about 100 passengers on an evening dinner cruise run aground in new york city harbor. there were no injuries, and rescuers got everyone safely lack to land. and two buses colliding on a highway while driving to their game against the minnesota vikings. no injuries reported and the team made it to the game on time. from america's election headquarters, here's some of the latest. mitt romney speaking out. he's back on the campaign trail, of course, for his fellow republicans as the countdown to the election 48 hours from now.

the 2012 republican presidential nominee predicting what he thinks will happen about some of the issues that have come to dominate the midterms. among them, immigration. romney telling fox news sunday a congress led by the gop in the house and senate would pass an immigration bill and he says get it to the president's desk. >> but you're going to see a provision first of all to secure the border. second of all, to deal with those who have come here illegally, and third to make sure our immigration policies are more open and transparent to the many people who do want to come here illegally. that's going to happen. >> but, will the president sign it? here's our political panel. dineen borelli, ellen, fox news contributor. let's start on immigration. could this be the breakthrough the country is waiting for or not at all? >> eric, there's going to be a lot of legislation that will cross president obama's desk when the gop takes control of

the senate, and we're talking regulatory reform, tax reform, immigration reform. but let's not forget, and let's put this into context, harry reid was really a blocker with a lot of the legislation that was going to president obama, that was passed in the house. something like over 300 bills that were sent to president obama. and so with the house run senate, we'll see if president obama uses his pen. >> ellen, what about that? what if on tuesday the nevada senator is dubbed as the majority leader. what excuse would the president have not to sign the legislation getting from both houses of congress controlled by republicans? >> it depends whether they're really able to pass any kind of immigration reform. don't forget, mitt romney, there are rumors that he may be running for president. he looked and sounded like a presidential candidate to me today. in any case, i think that they've got to come up with

legislation to, a, show they can governor if they in fact do take the senate on tuesday. and two, that they have bills that are going to be broadly appealing to the american public. >> let's pick up, see what mr. romney also said about both parties dealing with each other and getting the legislation out. here's what he said. >> you're going to see billed get to the president's desk. he will sign some. some he won't sign. no question about that. he'll veto some. i think at that point, we'll find out who really is the party of no. >> he will sign some. that's a prediction. what some could he be talking about? what do you think could actually be achieved? >> it would be great if he signed a budget. that would mean both houses of congress would have to actually pass a budget that was acceptable. it would be great if there was an immigration bill that the president would find acceptable and that a lot of minorities in this country would find acceptable, particularly minorities that it dealt with. so there's a lot of bills. there are bills around isis and

isil. bills around ebola. the question is what kind of things are best for the american people? that's why we have three branches of government. >> eric, i think it would be really important if president obama would look at his energy policy, something that our senate gop would be pushing in terms of like -- senator portman mentioned in ohio, excuse me, the importance of a keystone xl pipeline that would create more jobs and more energy online for our country. these are the initiatives that would help our economy, help propel job growth, even tax reform, something that is really key for competition, for businesses to have lower tax rates and for individuals to have a simpler tax structure. so these are things that will be key for our president to take a look at and to approve. >> all right, and finally, i don't know if you have the answer to this. let me start with you. your prediction for tuesday night? how many states do you think the republicans will get in the senate? will it flip? what's's going to happen?

>> there's a great chance of that happening. we need somewhere from 51 to 54. of course, we may see a runoff in north carolina and louisiana, so we'll see. >> ellen? >> well, i mean, i'm a liberal democrat, and the best i think we can hope for is 50/50, but i'm afraid it will be 52 to the republicans. i'm just being honest. it means we have to get out and vote. >> glad you're honest. got to be honest. call them as you see them. you always have. let's see what happens on tuesday night. and of course you can watch more of chris wallace's interview with mitt romney on fox news sunday. and we're thankful the program airs again tonight in less than three hours from now. 6:00 p.m. eastern time, right here on the fox news channel. >> good quick looking at the clock there. the world's largest marathon winding through all five boroughs of new york city today. some 50,000 runners participating. and the nypd going to great lengths to make sure that everybody stays safe.

briyan llenas is reporting. i see people meandering about behind you. >> that's right. many of the runners have just crossed the finish line. i don't know if you knew this, but about a million spectators in new york city in the 26.2 mile route line up to cheer people on. that brings up security concerns. bill bratton has said there have been no specific credible threats against the marathon or the city, but security is just as high as it was last year following the boston marathon bombings. police are particularly on alert this year because the marathon comes just weeks after the two terror attacks in canada against the soldiers there. and a hatchet attack against two nypd ofrszs by a, quote, self-radicalized man. >> our responsibilities are certainly crowd management, public transportation issues, whether it's subways or traffic. in these uncertain times around the world, issues of public safety, but we're ready.

we're very ready. >> this year, more than 4,000 officers, 20 aircrafts and vessels monitoring the waters and 1500 surveillance cameras. there are cement barriers and spectators can only enter through checkpoints. they have gone through magnetometers and are searched. no bags are allowed except the clear marathon bags. concerns of ebola have come up, but mayor de blasio said the city is ready and there's no cause for alarm, mainly because the virus can't be contracted through casual contract. marathon organizers say no official runners have registered from the countries hardest hit. what really is concerning and has concerned the runners is the weather today. it is particularly windy and cold. 45 degrees. gusts at about 40 to 50 miles per hour. that has slowed down runners to a pace that has been the slowest

pace since 1984. >> all right, but it seems like you're keeping warm out there. good job. >> i try. >> he didn't have to run for 26 miles. >> good for them. >> she fought being quarantined after treating those ebola patients in africa. now nurse kaci hickox continues to speak out. why she's accusing leaders of playing politics with the deadly disease. >> could the frosty weather that bryan talked about with us from the marathon hit this weekend. could it hurt the voter turnout on tuesday? we're joined in a moment with the election day forecast. than ever why now is the best time to be on verizon. one: verizon's the largest, most reliable 4g lte network in the country. that's right america. with xlte in over 400 markets. two: and here's something for families to get excited about. our best pricing ever! get 2 lines with an incredible 10gb of data to share for the low price of $110! or just $140 for a family of 4!

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it's the bottom of the hour. time for the top of the news. president obama back on the campaign trail today. he's in connecticut right now trying to help that state's democratic governor in a tight race with his republican challenger. meanwhile, joe biden is down

in florida talking up republican turned democrat charlie he's trying to regain the governor's mansion in tallahassee where he served as the republican governor and is facing a republican governor rick scott. and hillary clinton in new hampshire campaigning for jeanne shaheen. her race is trying to keep her senate race, which has been tightening considerably, facing republican scott brown. he, of course, the former republican senator from neighboring massachusetts. >> and the race for that open seat in georgia turning into a war of words. both campaigns knifing at each other in new attack ads. and the exchange, well, it's very reminiscent of an argument from 2012. let's bring in howard kurtz. >> you know, republicans have opened a lead in some of these tight senate contests. but in georgia, it's very tight, and the air wars could prove decisive. let's take a look. georgia's democratic senate

candidate michelle nunn is running against david perdue and trying to use his business background against him. a pollster tested his ad with a dial group. republicans in red, democrats in green. >> newspapers are broken the story about david perdue. in a sworn deposition, per due was asked can you describe your experience with outsourcing? he responded, yeah, i spent most of my career doing that, to places like china and mexico. david perdue, he's not for you. >> the ad accurately quotes a 2005 deposition involving a textile company that perdue once ran and later shut down. perdue acknowledged shifting production oversees at a number of companies. democrats gave had ad a top score. republicans, just 48. >> michelle has the best ad of this entire election cycle by accusing and using david perdue's words against him. she now took the most powerful

economic attribute, outsourcing, turning it against her republican opponent, and that's what's made her potentially the front runner in the georgia race. >> perdue defended his record with this. i created and helped save thousands of american jobs regardless of what michelle nunn says. job losses come from bad policies in washington. the policies of president obama and michelle nunn. the president himself said, make no mistake. these policies are on the ballot. >> perdue doesn't address the outsourcing kwekz and tries shifting the focus to the president. the problem, nunn doesn't work in washington and has no connection to president obama's past record. nunn's attacks on perdue's record are reminiscence of president obama's attacks on mitt romney. >> as you hinted at, it is kind of a playback of when you run against a businessman and it's

like romney and bain capital, did he create more jobs and you look at the failures. >> how do you see it? do you think the nunn ad about the outsourcing is going to hurt perdue? >> i think it has because it shifted the debate a little bit. he doesn't have the one advantage that some republicans have in other states running against incumbents. he can talk about michelle nunn and barack obama. she doesn't work in washington. she worked for george w. bush for many years. >> anything can happen. is there any way that ad could backfire on michelle nunn? >> i don't think it can backfire, but what happens is ads are important to both candidates to set the agenda, what they're going to argue about on the stump. you know, voters in georgia will have to decide, is it more important to have a guy with business experience or what about this outsourcing thing? it's so close in georgia that i can't even venture a prediction. >> that's fine. i understand. let's go to north carolina. senate race there. another tight one. senator kay hagan and republican challenger who also happens to be the state house speaker, thom

tillis. as we know, all politics are local, as they say. do you think thom tillis' record as state rep will help or hurt him? >> well, in north carolina race, kay hagan trying to use the record against him, but she's hitting on issues like equal play out of the democratic playbook in 2014, talk about women's issues, get the female vote. to thom tillis, a pretty well known figure in the state. that's also about a point apart. people say, well, so-and-so is leading by a point. that's a statistical tie. that's one we'll watch on tuesday night. if the democrats can't hang on in north carolina, they're probably going to lose control of the senate. >> spent a lot of money there. combined both parties $102 million in north carolina. good to see you. >> speaking of north carolina and the elections, the weather is always a big factor on election day. affecting the turnout. if it's bad, folks stay home, but take a look at this.

it's the fall and parts of the mountains of north carolina, as much as eight inches of snow, and also a record early snowfall in south carolina where it was in the mid-80s just a few days ago. janice dean is live in the fox extreme weather center with a forecast for tuesday. how many people are going to show up, exactly what precincts, who is going to vote, is the senate -- i'm not going to ask you that. >> oh, my gosh. >> she's a forecaster but she doesn't have that info. >> the weather affects the election. >> you have just scared me. the number one deterrent is ice for folks that are heading out to the polls and the good news is we're not going to see ice in the forecast. the snow across north carolina, i bet you that might deter some voters but things are going to warm up, which is great news. i can't predict the polling events or results, but i can say this northeast storm is going to move out of the way, but this one across the rockies is going to be our big weathermaker monday into tuesday, as folks

head out to the polls. you can see some of the snow flying and the rain. it's going to continue to move eastward, plus the moisture from the gulf of mexico, so parts of texas, central texas, up to the ohio river valley, the tennessee river valley, and the great lakes. that's where we'll see showers and thunderstorms. don't think we'll see severe, but the potential for heavy rain for a period of time, anywhere from texas all the way across the ohio river valley into the eastern great lakes. texas is really going to be the big weathermaker on tuesday. watching this state in particular and over the ohio river valley. the good news is we're not dealing with a huge storm system here. all along the east coast, you look good. the carolinas are going to warm up after record-setting cold. miami looks good. 80 degrees. we could see unsettled weather across the northwest, but it's really the central u.s., the areas i pointed out earlier from texas to the great lakes, the potential for maybe delays on the roadway. election day forecast, all of these big cities look good. boston, new york, philadelphia,

atlanta, miami, and columbus, it's when we get into the midsection of the country. chicago, st. louis, houston, 82 with some thunderstorms perhaps in your forecast. denver, los angeles, seattle, you look good. and some patriotic cities for you. prosperity, south carolina, looking good. libertyville, iowa, 55 and partly cloudy skies. eagle pass texas, the potengs frl showers and thunderstorms in your forecast, but looking good for unity, new hampshire y new freedom, pennsylvania, liberty, texas, showers and thunderstorms, and american fork, utah, 52 and partly sunny skies. that's the best i can do in your forecast, eric. back to you. >> that's terrific. love the names. thank you so much. such a good forecaster. i still think you know. but you don't have to tell us until wednesday morning. >> sounds good. i got some time. >> and of course, we'll have a lot more later on tonight. special midterm election special here on the fox news channel. you can watch bret baier and

megyn kelly. that starts at 8:00 p.m. tonight. they'll of course be back on monday and then on tuesday november 4th starting with our live coverage all night at 6:00 p.m., and i'll be here right after bret anchoring our special midterm coverage from 1:00 a.m. to 4:00 a.m. not only can you watch that all night if you want to stay up, you can stay connected all the time with foxnews.com for all the latest developments. okay, coming up, a nurse wins her court battle against an ebola quarantine saying she's had to stand up for her rights of others. we're talking about other health care workers. and is she helping or hurting as she continues to speak out? taking aim at some, including chris christie. >> plus, one volcano slows down and another comes alive for the first time in more than a century.

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worried residents in two different parts of the world nervously eyeing active

volcanoes. in hawaii, a river of lava streaming towards a small town on the big island has stalled. it's less than 500 feet from a main road. residents nearby are prepared to evacuate if necessary. in costa rica, red cross response teams are passing out surgical masks to residents of a town not far from where a volcano erupted. ash rained down on four provinces. >> there's a positive sign for that doctor being treated for ebola here in new york city. the hospital has upgraded the hospital of craig spencer from serial but stable to stable. and there's good news for a dog. she was put in quarantine. meanwhile, the nurse in maine who fought an ebola quarantine, kaci hickox, she explain s why

she challenged the order. >> definitely the goal was to make sure that we are again talking about science and not politics. i just read an op-ed today, and he said, when governor christie stated that it was an abundance of caution, which is his reasoning for putting health care workers in sort of quarantine for three weeks, it was really an abundance of politics. >> should she be home for two weeks or out and about? we have a doctor who joins us now. it's fascinating. she's out there riding her bike. she's doing things, part of her fight with the governor of maine. did she do what is judicious and correct or should she stay home for three weeks? >> she tested negative twice for ebola. does it make sense for her to stay isolated or under quarantine? it really doesn't at this time. if she has a right to speak out, but the problem she's become a self-appointed spokesperson

which has caused some confusion. we need to look at this rationally. we have to get to the table and come to discussion to look at risk and what makes sense with science. not based upon fear. >> what people worry about is if you take a temperature when you're in west africa and you don't have it, you get here and you don't have it, and then you can develop it. that's what happened apparently with dr. craig spencer. is there a way to stop that before that happens? >> the good news is unless you have symptoms, fever, vomiting, nausea, severe fatigue, you're not contagious to others. that should be a level of caution to us, this difference between being contagious. >> there are concerns if you sneeze and the droplets of mucus gets into someone's nose or mouth, that potentially could transmit the disease, and also they talk about surfaces, but there's no evidence, they say, of any surface to human contract. >> correct, and the good news is it's not until someone is very sick that there's so much virus onboard it can spread to that

level. what we're worried about is when people are very sick, in a hospital setting, when they're vomiting, and you come in direct contact with that. even though there's a responsibility, it's a very small possibility. people are not going to get ebola from touching a bowling ball. he was not symptomatic, spreading virus prolifically. >> a woman in oregon, she has apparently had a fever. family says she doesn't now. she's from liberia, what do we do with that case? is it a matter of observing, check the temperature for 21 days? >> we need to monitor her. there was another child who came in, a 5-year-old child into the hospital, he had something else that was not ebola. what we do have to have is an abundance of caution. we can't let it go, we can't let them go around without monitoring for temperature, symptoms. >> we have this debate for a couple weeks, the three or four cases, and now it seems to be

quieting down. what do you predict? what is going to happen over the next few weeks and in terms of next year for the fight against ebola? >> time will tell what's going to happen. until the war is fought and won in africa, we will see isolated cases. we need to look at the successes. when diagnosed early, it has been 100% cured. we have the beth health care system and that's what we need to see. in 2015, we have a number of drugs and vaccines in the pipeline that will hopefully make their way into the arsenal to fight this. we need to look into the future, where is this ebola? it's not in chimps. can we eradicate the source? we could prevent a future o outbreak. we need to find out how ebola attacks our body. >> will we ever be able to stamp it out, like polio or other diseases? >> it's a possibility. there are vaccines in the lines and that can completely protect us, but there are a number of steps and layers to look for. where is it from, how does it attack our body and what we can

do to stop it. we need layers of protection. >> thank you for joining us. >> all right. the fifth amendment is supposed to protect americans from being forced to incriminate themselves, but apparently, that freedom does not extend to our fingertips. coming up, details behind a th police access to your smartphone. plus, dark days for the space industry following a pair of accidents. how will this impact the future of space travel, and how is the market reacting to this? that's coming up next. why do i cook for the holidays? to share with family to carry on traditions to come together, even when we're apart in stuffing, mashed potatoes, gravy, and more, swanson® makes holiday dishes delicious!

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and get a document shredder free. call the number on your screen or go to lifelock.com/wi-fi. thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more.

it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. that means if you have a newer iphone or a similar device that is fingerprint protected like if you have an app that uses your fingerprint on your phone, police officers, according to this ruling, can compel you to give up a fingerprint in order to open up your phone. the law says now the defendants can'n't be forced to turn over password, but this does not extend to our fingerprints. >> a pair of failures casting a dark cloud over the space industry. one proving deadly. the copilot for the test flight

of virgin galactic's spaceship two died, unfortunately, when the rocketship broke apart above the earth. the pilot survived but was seriously injured. sir richard branson had this to say about the crash. >> we fell short. we're now comprehensively assessing the results of the crash and are determined to learn from this and move forward together as a group of friends and a company. we're not going to on blindly. to do so would be an insult to all those affected by this tragedy. >> so what does this future look like for the space flight industry, and how did the two crashes affect the markets? joining us now to talk about this is fox senior business correspondent brenda buttner, anchor of "bulls and bears." you saw sir brandon saying we fell short, he wants to do it

right, he wants to do it safe. tell me from a business perspective, what does this all mean for the future? >> we've been dreaming of the -- nasa has backed off because of budget cuts. we thought it would be privately developed. sir richard branson is a big personality. he dreams big. i have never seen him at a loss for words before. and i think he was really on the leading edge of commercializing space. he is backing off. he is saying, you know, i'm not so sure. we have to test this and we have to make sure. it was very sobering. >> they had already tested -- as you know, they test these runs. i think they had done some 35 on that particular spacecraft. unfortunately, this is what happened. >> they were using a new fuel. that was one of the issues that was a problem. but, you know, when you test on the ground, you cannot understand really the

aerodynamic stresses that a rocket is going to face. on average over the last few decades, one out of three of every government-funded or private rocket launch has been botched somehow. i think it was said best by the chief executive of virgin galactic, who said, space is hard. >> space is indeed hard. you mentioned the privatization of it. listen, i do want to ask you, i think there are hundreds, i believe, of private companies out there attempting to do what sir brandon is attempting to do. so again, talk about the stocks. people that already signed up to pay handsome prices to take a ride to near space on that aircraft, but talk about the facts. are people going to be investing in these companies still? >> i think there's an issue. a lot of it is private equity investment. it's not necessarily -- these are not usually traded on the

stock market, a lot of these smaller companies. and they don't really have the pedigree of -- rocket science is rocket science. unless you have that, it's very, very difficult to make these things work. and you're right. it was very popular. i think 800 people, including justin bieber, had signed up for this and wanted to go to space. >> shep is like, do you really have to use bieber as an example? come on, give us somebody else. angelina jolie, brad pitt? >> i would love to go on it. >> you make a good point how it may not affect the market overall for reasons you already highlighted. did it at all affect the market? >> the dow is at an all-time high. the s&p has been up since mid-october. there's a lot more going on in the world. >> okay. brenda buttner, thank you very much. always good to see you. i want to remind everyone you can catch brenda on "bulls and

bears" every saturday morning at 10:00 a.m. eastern right here on the fox news channel. thank you. >> thank you. and, you know, president obama hasn't hit the campaign trail a lot to stand next to democratic candidates. his first one in the senate was last night in michigan. the president now back on the campaign trail. he is in connecticut at the moment addressing an audiences in bridgeport. he's trying to help that state's democratic governor dan malloy, who was in a tight race with his republican challenger. apparently he's talking to a heckler. let's listen in. >> we created more jobs than japan, europe, and all the advanced countries combined. [ cheers and applause ] over the past six months -- >> that is the message, the president trying to help. will it? we'll have to see on tuesday. this could be the most expensive midterm ever. coming up, we'll look at who is spending more, where it's being spent, and if all that money will actually work. when it comes to good nutrition...i'm no expert.

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debate. but who controls the courts? how tuesday's outcome could impact our justice system and the very makeup of the united states supreme court for years to come. >> also, how one couple is giving back by helping wounded warriors returning from the front lines go out on the water. but we begin with the midterm elections. will the republican party take control of the senate or the democrats hang on? what about those races for governor? a lot of questions for tuesday night. right now, the president, as you can see live, is in bridgeport, connecticut, trying to help one of those democratic governors hang on to his office. connecticut governor dan malloy there facing republican challenger tom foley in a squeaker. this appearance by the president one of the few he made in person with fellow democratic candidates. the first senate race he appeared at was just last night in detroit. here may be one reason why. the president's popularity hitting the lowest point of his presidency, we're told. 44% according to this abc

news/washington post poll. we have live team fox coverage on this. peter is in washington watching the candidates square off on the sunday programs this morning. first, chief white house correspondent ed henry in philadelphia right now traveling with the president on the campaign swing through the the northeast today. hi, ed. >> reporter: well, good to see you, eric. we can see some of the president's unpopularity around the road. around the corner from me, there's been a long line of people waiting out in the cold. very blustery in philadelphia today. trying to get into the basketball arena at temple university where they'll hear the president a couple hours from now. nowhere near the kinds of crowds we saw in previous election cycles when he had that rock star aura. that's the reason why senate democrats don't want him out on the road in those hotly contested races. instead, he's doing these gubernatorial races. that one in connecticut you mentioned. one here in pennsylvania as well. the president says it's a matter of keeping democrats in power

while republicans like rand paul say it's time for a new start. listen. >> you are making a choice not just about candidates or parties. you're making a choice about two different visions of what america's about. and it boils down to a simple question. who is on your side? who's going to fight for you? who's going to fight for your future? >> even he admitted his policies will be on the ballot even though he is.it's such a referendum on him that in my state, the democratic candidate won't even admit she voted for him for presidency. >> reporter: that was a statement you'll remember the president made a couple different times, including in a radio interview with al sharpton. that a lot of these democrats out there running away from him had supported his policies in the past, not something senate democrats wanted to hear. >> yeah, and those democrats could be in danger. as you know, the polls are showing a potential republican takeover. what is the white house planning? >> reporter: well, all along

they've sort of said they only had a plan "a," which is democrats holding control of the senate. but word has been spilling out there's a plan "b" behind the scenes. they know the political reality that they may have to reach across the aisle and work with a majority leader mitch mcconnell perhaps in the senate. they're hopeful with this. they saw it with bill clinton. both parties forced to work together sometimes. they have high hopes. maybe corporate tax reform, immigration reform. there may be something called plan "c" as well, which is the president getting help from governors, expanding medicaid to strengthen the health care law. that's another reason he's working on these gubernatorial races. if he can't get anything done in washington, he might have to get help from governors. >> it's governors' day with the dth. thank you so much, ed. >> and eric and ed, with both parties looking for an edge in key races across the country, republicans and democrats were squaring off on the sunday talk

shows. peter caught up with all of it. he's working hard, capturing it all for us with this report now. hey, peter. >> hi. republicans on the ballot are going to of a good tuesday night according to the rnc chairman reince priebus, who explained he doesn't think democrats are connecting with voters the same way they have in years past. priebus says in two key races, kentucky and arkansas, his party is winning the female vote. those are not the only two close states the gop has the edge. >> the problem they have is that their message isn't working. our ground game is whipping their ground game. if you look at colorado, we're up by 105,000 votes right now. cory gardner is tied with women with mark udall. we're winning hispanic voters in colorado. we're whipping them in arkansas. we're at a dead-even early vote right now in iowa. >> but the dnc chair predicts that democrats will hold the

senate. congresswoman debbie wasserman schultz thinks her side has the better ground game and that the democrat in the white house will sway voters in their direction. >> i'd stack up our surrogates. we have president obama, vice president biden, secretary clinton, president clinton. they have rand paul, chris christie, and ted cruz. so going into election day, the advantages that we have are superior to the ones that the republicans have. the most important thing is that voters will be asking themselves, who has my back? and they will consistently across the board say democrats have their back. >> we also heard this morning from democratic senator ben cardin who said he predicts a stronger economy will propel democratic candidates in close races to victory. >> okay. peter, thank you very much. >> one of those issues in the midterms happens to be obamacare. have you heard about the predictions? some insurance rates for some

folks could go up. but after the election. tonight we're going to again take an in-depth look on fox news reporting president live free or die, obamacare in new hampshire. take a look at the affordable care act, how it's become a central issue in that state. it's been a surprisingly close race. if republican challenger scott brown, who represented massachusetts at one point, should potentially defeat democratic incumbent jeanne shaheen, some are saying that would be a sign the republicans would win enough senate seats to take control of the senate. here's brett bear with the preview. >> obamacare doing poorly in new hampshire has it does else where. it could be a liability for one-term democratic senator jeanne shaheen, whose vote ensured the bill would become law. it may be what boosts her opponent. it wouldn't be the first time. >> people do not want the trillion-dollar health care plan that is being forced -- >> republican scott brown shocked the country when he won a special election with the late

ted kennedy's senate seat in liberal massachusetts four years ago. his campaign was widely seen as a referendum on obamacare. not yet a law. despite his victory, the affordable care act was passed through unusual legislative maneuvers soon after brown arrived in washington, which may be why he's back on the campaign trail. this time in new hampshire, running against senator jeanne shaheen. >> i want to run to be the 51st senator to repeal obamacare because as they rammed it through kong, we can actually do it the same way and repeal it. then go back and develop a plan that works for the states. >> it's a point brown emphasized in an october 23rd debate. >> they've already voted five times to reveal it. she was the deciding vote. >> there were 60 of us. everybody was a deciding vote. >> excuse me. every democrat voted. yes, every democrat was the deciding vote for a terrible bill that's crushing businesses. >> the attacks seem to be

working. a month ago shaheen had a solid lead in the polls. sometimes in the double digits. now they tend to show her only a few points ahead and sometimes even behind. we tried to speak to senator shaheen multiple times to discuss her stance on obamacare. but she would not talk to us. we did, though, talk to someone more than happy to defend obamacare. ron pollack, executive director of liberal health care advocacy group families usa. >> scott brown won a senate seat in massachusetts in no small part due to the unpopularity of the affordable care act. you don't think jeanne shaheen is going to have trouble with convincing people that this is the right thing to do? >> one of the things that the surveys are showing is that whether you like it or don't like it, a clear majority do not want to see this repealed. they want to see it either continued or fixed in some specific ways. >> the thing that i kind of get

a kick out of is that folks say, well, if it's obamacare or nothing, if you're not in favor of obamacare, then you must be against health care. that's ridiculous. states have done it in the past. they can continue to do the things that matter for them and provide the care and coverages that are so very important for their citizens. >> and that special program tonight, fox news reports. live free or die, obamacare in new hampshire. starts at 9:00 p.m. eastern time here on the fox news channel. of course, you can keep your television set here at america's election headquarters for the next three days and beyond. the midterm results, we start with megyn kelly and bret baier. they'll have a midterm election special. tuesday they'll anchor our primetime coverage. our coverage begins at 6:00 p.m. eastern time. then i'm going to take over 1:00 to 4:00 in the morning. i can't wait. we expect a late night. of course, you can also stay connected with foxnews.com for

all the latest developments. some world news for you now. reports of more mass murders in iraq, saying isis has shot and killed at least 50 men, women, and children in anbar province. this adds to an earlier massacre of the same sunni tribe, pushing the death toll up to 150 people. we're also hearing the terrorists kidnapped more than a dozen others. meantime today, separate attacks, including a car bomb, have killed at least 19 people around baghdad. meanwhile, the battle for the key syrian city of kobani raging on with kurdish forces, some of them from iraq, trying to hold their ground against isis. the city has been under siege since the middle of september. it was once home to hundreds of thousands of people, but it's now virtually a ghost town. most of the people who used to live there have fled across the border into turkey. well, an iranian british woman has been arrested.

know what she tried to do? she tried to attend a men's volleyball game. this happened in tehran. for a woman trying to attend a men's volleyball game there, she's been sentenced to one year in prison. the iranian court found her guilty of, quote, propagating against the ruling system. she was held in solitary confinement during her detention. iran's judiciary spokesman has criticized reports linking her arrest to the volleyball game. he claims, though, her case has nothing to do with sports. and new tension in gaza. hamas says it opposes a u.n. reconstruction plan following its war with israel this summer. a spokesman for the radical islamic group calling the proposal, quote, unacceptable. earlier israel closed its crossing points into gaza except for humanitarian aid after militants fired two rockets into its territory. the israel military says the rockets exploded in open fields and caused no injuries. well, the washington redskins on the defense, yes,

even before taking the field today. thousands turning out this morning to protest the team's nickname. and while we're watching the balance of power in the senate, let's not forget the house. there's some close races there. some of those swing districts that could swing the other way. coming up, we'll take a look at a close race in new york that, guess what, it's flipped in the past few weeks. and if your child found a wedding ring in his halloween candy, it's not a proposal but a woman would like her wedding band back, folks. give it back to her. it's important. looking for something better. that's the way i look at life. especially now that i live with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. i was taking warfarin, but wondered if i kept digging, could i come up with something better. my doctor told me about eliquis... for three important reasons. one, in a clinical trial, eliquis was proven to reduce the risk of stroke better than warfarin.

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time for a quick check of the headlines. five people are dead after a fire in portland, maine. one critically injured. investigators picked through the ruined apartment building today after flames swept through the house near the campus of the university of southern maine. protests in minneapolis today against the redskins and their team nickname. meanwhile, a federal judge allowing a lawsuit to move forward by the team against five native americans who complained to the u.s. patent office. and thousands of people paying respect to long-time boston mayor tom menino. he died earlier this week at 71. menino led boston for 20 years,

longer than any other boston mayor, and saw the city through the 2013 marathon bombing. well, the midterm elections could give roepublicans a stronger hold in the house, where things are tipping in their favor. there are some contested tossups. >> up with of them ose is in ne york's first congressional district, on the eastern end of long island. polls show there have been a sudden flip the last few weeks. zelden trailed bishop by ten points in a poll conducted last month. in a matter of weeks, he's now leading bishop 50 to 45. that a reverse of 15 points. so what happened? and could this flip be a bell

weather for other contests across the country? a columnist for national review magazine joins us. john, it strikes me that you go 15 points just in a matter of weeks. what are the potential issues? is it reflective and connected to president obama? >> what happens in low-profile races like this is people only pay attention the last couple of weeks. when they look at their congressman and say, you know, i'm not happy with the economy, i'm not happy with gridlock in washington, they tend to blame the incumbent and the challenger looks like a new face. and in this case, the challenger is not only a state senator who's well known to people in the district but a decorated military veteran. >> this has been an incredible district because it was represented first by a candidate who was swept in with the gingrich revolution back in 1994, mike forbes, republican. while in office, he becomes a clinton democrat. then the district goes to republican. then it goes to bishop.

two years ago the republicans and democrats were like 13, 14, 15 votes apart. if this race goes republican, in zelden's way, do you think this could happen in other toss-up races across the country? >> let's say new york is challenging for republicans this year. andrew cuomo is going to win the governors' race. even in the northeast, republicans have been an endangered species and can make a comeback. for symbolic reasons, it is significant. >> speak of significant, let's go to west virginia where possibly for the first time in, what, almost 25 years there is going to be possibly a gop majority congressional delegation from west virginia. of course, you know democratic representative has been representing a west virginia district for, what, 40 years now. but now he is trailing behind republican state senator evan jenkins, who by the way switched

parties just last year. so is this all because of the attack ads that are funded by gop financially backed groups like the koch brothers? >> no, i think the biggest problem is president obama won one-third of the vote in that district. one-third. given that obama is very unpopular, congress has a problem. obama has declared war on coal. coal is the basis of that district's economy, in many counties. he can't convince voters, you know, i'm for your coal interest, but my party happens to be run by a president who wants to put you out of work. >> you're saying 40 years is going to be tossed by the wayside for a six-year record so far, john? >> well, if you're losing your job, arthel, what's important is what's happening now, not what happened 40 years ago. there's an old saying in politics. what have you done for me lately? >> actually, janet jackson said that, but it's okay. but seriously, what do you see that's happening, john?

there's a lot riding at stake here. you have people out of work. you have people who are frightened by what's happening overseas as, you know, the globe gets smaller and smaller. you've got some people still concerned about ebola. so really, are all these factors playing into some of these races that are now just simply too close to call? >> people don't like instability in the world. they don't like things being chaotic. even if the white house isn't to blame specifically for any one of those problems, they get blamed for the general climate of sort of chaos. and that doesn't help the party in power's incumbents. there's a general sense of them not being in control. as fair or unfair as that is, it's going to hurt the obama administration. the candidates that president obama said represent his policies on the ballot, those were his words. >> okay, john. you will always be on top of it for us. we'll be speaking to you a lot

in the next 48 hours. thanks a lot. well, good news today for the doctor stricken with ebola. health workers in oregon are keeping an eye on a patient there. an update in a moment on the ebola watch. and in one of the most clo closely watched senate races in the country that's happening in kentucky, where mitch mcconnell is defending his seat against alison grimes. turns out there's a key one commentator thinks some groups could help out may stay home. who they are and why and what it could mean for the midterms. than ever why now is the best time to be on verizon. one: verizon's the largest, most reliable 4g lte network in the country. that's right america. with xlte in over 400 markets. two: and here's somecited abo. our best pricing ever! get 2 lines with an incredible 10gb of data to share for the low price of $110! or just $140 for a family of 4! and three: get $150 credit for every line you switch.

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which include an experimental drug. health officials in oregon are monitoring a woman who's at low risk for the disease. she is a liberian woman visiting. when will we know if this woman may or may not have this disease? >> tests due back tomorrow should show if the woman is infected. she's still in isolation at a milwaukee hospital up in portland. this is after registering a 102-degree fever. the hospital believes she's low risk because although she recently traveled from liberia, she hadn't been in contact with anybody carrying ebola. >> it's pretty intense care. again, we don't know if she has ebola or not. again, treating her as if she does. we have a secured unit that was available for us. we've trained over 550 staff who are prepared to provide care. >> it looks like they're being

thorough. the hospital adding they've trained over 550 staff, ready to provide care for her. >> and also, there's the nurse who has been making headlines. she's up in maine. she was speaking out again today about the quarantine for health care workers who have treated ebola patients. what is she saying, and what does she oppose? >> well, she's fighting for the right for other u.s. medical workers. that's what she says. those ones trying to bring the deadly outbreak under control in west africa. she says she's now avoiding local people. a the lot of them are angry and scared. she's out and about in public before she's past the 21-day incubation period. >> i understand that the community has been through a lot in the past week and that i do, you know, apologize to them for that. i will not go into town, into crowd ed public places. i have had a few friends come visit me in my home. that's absolutely fantastic. >> she has another week to go before she's in the clear.

meanwhile, top ebola experts here in the states saying they don't know how many fresh cases of the disease we can expect here in the states by the end of the year. one stanford university professor saying it's quite possible that every major city will see at least a handle of of cases, eric. >> fascinating. all right. thank you so much. 48 hours and counting until the midterms. one of the most closely watched senate races is kentucky, where mitch mcconnell is defending his seat against alison grimes. turnout will be key. but one commentator thinks some groups, well, they just might stay at home. listen. >> i said a couple weeks ago on national television. i stand by it again today. there is nothing to inspire african-americans to turn out in huge numbers, nothing to inspire hispanics to turn out in huge numbers. >> well, mitch mcconnell opening up some breathing room in kentucky. according to real clear politics polls, he's up seven points.

brad blakeman is here to talk about it. he's former deputy assistant to president george w. bush. and professor of public policy and international affairs at georgetown university. also here, steven sigmund, vice president of global strategy group, a democratic strategist and former communications director for new jersey governor john corzine. we were listening to tavis smiley speaking out on the talk shows this morning. as you heard him at the end, she says that same applies to the hispanic community. do you agree or disagree with tavis? >> i have to agree with him. it's unfortunate, but this president has not come through to his base. the people who voted for him and support him the most are the ones hurting the most in this economy. one in five americans are in some sort of public assistance, including food stamps. hit the minority communities particularly hard. there hasn't been the jobs for

minorities, especially in our cities. so the people who are called upon to support this president aren't going to be there. historically, we know that presidents in second-term elections don't fare very well. particularly this year when you see the president below 40% on approval and vast majority of americans feel that the country is headed down the wrong track. >> steven, how do you see it? was tavis on the money? >> i think he shortchanged the president. the reality is african-americans and hispanics are going to vote democratic in this election just as they vote democratic in 2012. on issue after issue, the democrats are the ones who have fighting for african-americans and hispanics and for working and middle-class families, expanding health care, expanding education, infrastructure spending, increasing the minimum wage, paid sick leave. republicans have fought those every step of the way. brad is right in the sense the turnout will be lower than it was in 2012. it's always lower in midterm electio elections.

the reality is african-americans and hispanics will be voting democratic. the more they vote, the better chance democrats have. the irony here is republicans do better -- >> is that a problem that perhaps that assumption is just kind of stale by now? >> no, i don't think so. i think, one, it's a reality. two, if you look at what the agendas of the two parties are, democrats are the party that fight for working and middle-class families, many of which are african-american and hispanic. an all of those issues i laid out. the republican agenda is to try to give as much as they can to the top and stop the president's agenda. it may work in a midterm election with a lower turnout and a higher turnout in older and difficult states, but it's not going to work nationwide or over the long term. >> tavis also said alison grimes not admitting, talking about kentucky here, that she voted

for president obama, referring to peter and jesus. you know what, let's let tavis speak it in his words. listen. >> wouldn't even admit to voting for barack obama. you want his loyal base to support you. you give the president the heisman, but you want his constituents to vote for you. peter only denied jesus three times. >> all right. i told you i couldn't say it as well. but brad, i'm going back to you on this one. did grimes distance herself enough from president obama? >> the fact that she even distanced herself at all shows how weak the democratic position is. if the president were doing a great job, he would run to support this president. if you roll back the clock to 2008, democrats couldn't get close enough to him. now when you mention his name, they act like they've never heard of the guy. the fact is, this lady was a delegate for the president at one point. to even admit to the voters of

kentucky that she doesn't even know whether she wants to say whether she voted for this guy speaks volumes. >> and as you know, it's not unusual for the president, a president, to have a low approval rating. are some of the democrats going too far, completely trying to act as if they never heard of president barack obama? >> look, i think -- i wish the president had done more during this cycle to defend his record the way he did in 2012. he has a record to defend. we have 48 months of job growth. you have 5.9% unemployment. he's cut the deficit by two-thirds. the health care bill is actually working, doing what it's supposed to do. it's insuring millions of americans and containing costs. i think he should have been out there fighting harder for that. democrats have to run their own individual races. frankly, they're doing a good job of it. you have to defend the senate in states which may not have won in the first place. they should maybe not have won

in the first place in 2008 in places like louisiana and arkansas and alaska. that's going to change in 2016 when republicans have to defend michigan and pennsylvania and illinois and wisconsin, places that are traditionally democratic states in a presidential year. >> okay. let's bring in another big gun who's out there stomping for grimes. that's hillary clinton. senate minority leader mitch mcconnell, as ms. clinton referred to, is the opponent. let's talk about the clinton factor here. can that lead grimes to a victory? no, the clintons will turn out to be the custers. this is a national problem. the polls show the voters are blaming obama. the leader of their party, the leaders of the country for the funk we're in. and the fact is the clintons cannot come in and change the record of the president. and democrats can hide, but they

can't run from their own record and the president's record. incumbent democrats voted the majority of them almost 97% with the president. they're just as culpable as the president, and he's on the ballot just as much as they are. >> steven, i'll give you the last 15 or to seconds. go for it. >> i don't disagree with brad for the most part on the president defending his record. i totally disagree he has a poor record to defend. the clintons will be helpful to a degree, certainly in places like kentucky. you're going to have races that are real toss-ups in difficult places. you know, you're going to end up with potentially a senate that's decided in louisiana in december with mary landrieu who's a good, smart, centrist democrat who i wouldn't count out or vote against. and you're going to have places like alaska where mark begich is making a run. brad will probably turn out to be right given the dynamics of

the year. i wouldn't start celebrating too much. two years down the road, you're going to have a flip situation. >> okay. we shall see. thanks to both of you. we'll see you soon. thank you. the associated press is reporting that no. fly zone declared over ferguson, missouri, back in august, well, they say it was designed solely to keep the media, helicopterhe from showing those protests. the faa restriction covered a nearly 40-mile chunk of air space. police had expressed concern for the safety of people in those copters, saying apparently there were shots fired at those helicopters. now taped conversations contradict that. those conversations obtained under the freedom of information act reportedly reveal faa employees saying that wasn't the case. the local authorities admitted the whole thing was aimed at journalists to presumably try and stop the news coverage. the ap quotes one faa official as saying, quote, it really was

to keep the media out. a battle that could change the legal landscape for generations. why the future of the supreme court may depend on who wins control of the senate in this all-important midterm election. plus, a couple showing their generosity for our wounded warriors, building a special boat to give them a glorious day on the water. (receptionist) gunderman group. gunderman group is growing. getting in a groove. growth is gratifying. goal is to grow. gotta get greater growth. i just talked to ups. they got expert advise, special discounts, new technologies. like smart pick ups. they'll only show up when you print a label and it's automatic. we save time and money. time? money? time and money. awesome. awesome! awesome! awesome! awesome! (all) awesome! i love logistics. come on! let's hide in the attic. no. in the basement. why can't we just get in the running car?

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as republicans battle for control of the senate, they also have an eye on courts. the president needs senate approval to appoint federal judges. if the senate goes republican, that could potentially affect the bench, the decision, and maybe the supreme court itself. what can we expect? defense attorney and former prosecutor. robert and keyshia, welcome. robert, let me start with you. if the senate goes republican, are we going to see a change in

the federal judiciary? >> i think we'll see some changes in the fact that president obama currently has two years left on his tenure in office. he has 90 pending appointments to various federal courts all over the country. he's already appointed 280 appointments. so those 90 definitely would be thrown in flux because i don't think you'd see as many go through if not any go through. >> wow. so you have potentially 90 judges in waiting not get their jobs. >> the nomination could be blocked because as you stated earlier, the senate controls that. they have the ability to block the nominations. because the president already nominated over 200 federal judges, those judges are already going to have a big influence on the federal judiciary. i don't know if it's really going to make that big of a difference. >> potentially, if you have 90, who may be more liberal and can't get the jobs in order to get some to the senate, you have to get somebody who may be a little more conservative. >> right, someone who maybe is more towards the middle of the road that's going to pass muster. you're going to see a lot of

appointments potentially change. you have to remember, these are appointments that are lifetime appointmen appointments. these judges do not run for re-election. once they're in, they're in. these are very big decisions that have to be made because there are so many issues that are going cocoto come up in thet presidential years. you're talking about immigration, issues of abortion, civil rights, gun control. how are those things going to play out? it definitely pends. >> and you think on some of these decisions it could go in a different way because you may have different judges? >> absolutely. especially with the gun laws. if you have more liberal judges, a lot of democrats are looking to make strict gun laws because of all the issues that have been going on with the shootings and the schools, movie theaters, and things like that. you may see changes. a lot of people are arguing, wait a minute, we have the right to bear arms. but there needs to be some type of restriction on that, i personally believe, and you will see a change in that if the judges are more liberal. >> and also, of course, the big

enchilada is the supreme court and the membership there. ruth bader ginsburg potentially. they've talked about her retiring. she may not. you never know. what does it mean if there's a va can cancy on the court with republican senate? >> i would think she would hold out as long as possible before retiring. they would literally make her hold out until the last possible moment. >> you got to stay in your job no matter what. i think that's probably happened before. >> absolutely. >> absolutely. you see it all the time. >> there are some federal judges now that are sitting on the bench that are in their 80s and just waiting until they're told more or less by their political party, you know, you can retire, we have somebody that's going to be able to pass through. >> good they have that senior status. so last question. what do you expect will happen with the supreme court? if the senate is republican, at least for the next two years, then let's say there's a republican president that could change the whole thing in 2016. >> i don't see much change.

like we stated, a lot of those judges aren't going anywhere. they have lifetime tenure. so until a judge retires, it's not going to really be much changed, even with the next president coming in. because a lot of the judges are not old enough to retire or they don't have to. >> how do you get that job? >> i know. >> sign me up. >> well, we'll have to see what happens with the senate. it's a great point we brought this up today because you generally don't think -- you think of politics, but you don't think of how the composition of the senate can actually affect judicial appointments and how that could affect our lives with those decisions. thank you. >> thank you, eric. very good. okay. a lot of sore feet in new york city right about now. one of the biggest marathons in the world wrapping up 26.2 miles later. we're going to look at how the police kept it all safe and secure. and you know we are america's election headquarters, but who is -- oh, my gosh. they're putting this up? that young lad. this was before watergate. it was coverage on cable

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marathon, a former world record holder passing the line for a and the rate was ahead by three seconds. both of the races came down to the final mile. mary won with two hours and 25 minutes and wilson won running two hours and ten minutes. put that in perspective the average person finishes in 4 1/2 hours. today all attention was on the race and the 50,000 runners because there hasn't been any major security issues. there were no specific threats to the marathon or the city but the alerts were on high considering what happened in canada with the attacks and the hatchet attack against two new york police officers in new york attacked by self radicalized men. there were 4,000 police officers throughout the 26.2 mile route and 1,400 cameras and bomb sniffing dogs, you name it.

the big story, really, is the weather. it is old and windy. that led to the slowest race since 1984, 40-miles-per-hour gusts. it is cold. back to you, eric? >> thanks. >> boating lovers giving back to america's service minnesota in a big way. they modified a 37' boat to accommodate disabled veterans to help net get back on the water. here are the blue water warriors. >> this boat has to be the coolest boat here, specifically designed and manufactured for our wounded warriors, people who return home from afghanistan and iraq and now are spending life, the rest their lives in a wheelchair. this boat is designed with a cut out so the wheelchair can get on and you can have an electronic lift.

andrew and his wife does this out 6 a sense of patriotism. >> it was the right thing to do. they defend their country, coming back, injured, the injuries were risking their lives and we decided it was the right thing to do, to provide as good a quality as life as possible. >> a lot of people have donated the equipment and this is $50,000, a stabilizer that keeps the boat from rocking too much on the high seas. when you are in a wheelchair that is incredibly important. one of the designers is a wounded warrior, and in 2012 he extended on an i.e.z. and woke up a week later at walter reed without both legs. he gave advise on the need that wounded warriors have for a boat like this and he says that most importantly it will help our veterans mentally. >> a lot of guys will sink into

depression. they will want to stay in their own little world. this boat will allow them to get out of the house and meat people who have similar interests such as fishing and boating. >> another we we feature in the one-of-a-kind vote is an electronic floor that when nature calls our wounded warriors can get the job done easier. this is great. it is one of 1,500 men and women returned home from iraq and afghanistan with at least a major limb amputated and this will help them gut out of the water, smell the air, like before they went to war. in fort lauderdale for fox news. >> very great. >> such an important cause. you can stay with us all through the elections open tuesday with a special coverage tonight at 8:00 a special anchor by bret baier and megyn kelly. they have a picture right here. >> who is this?

>> that is election 74 manhattan and that is me in high school when we did the first live election coverage program on cable television happening in new york city. back then we had to use the subways and taxicabs to get our tapes back. i saw my co-anchor yesterday so from election 1974 in manhattan to election 2014 1:00 o'clock a.m. to 4:00 a.m. here on the fox news channel. >> very nice, guys, we appreciate your times. have a great rest of the day.

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with 1% when you buy and 1% as you pay . with two ways to earn, it makes a lot of other cards seem one-sided. >> from new york this sunday, two days until the midterm election and the media bursting with analysis and speculation. republicans could seize control of the senate. even those on the left are calling it for the g.o.p. >> i think the republicans have -- probably take the senate back. >> if the going cannot win back the senate in a climate like this maybe they ought to look for another country. >> democrats are going to have a bad election day no matter how you slice it. >> come election night, there is a path to victory for democrats but narrow. >> the media pouncing on hillary clinton's latest gaffe and chris christie's