varney and company sharp at 11:00 eastern on the fox business network, varney and company. paul is back next week and we do hope you can join us then. we're standing by for a decision in missouri on whether there will be an indictment in the michael brown shooting case. it's a story that has riveted the country. authorities and civil rights activists both calling for cooler heads to reprevail no matter the decision. welcome, so glad you can join us. >> hello, everyone. the grand jury will decide whether or not to bring charges against darren wilson for the shooting death of that unarmed teenager, michael brown. steve is live outside of the courthouse in clayton, missouri with the very latest. hello, steve.

>> reporter: a lot of speculation when the grand jury might make its announcements. from the details we're seeing it looks like it could be any time soon. you can see through the trees, that's a water truck right there and filling up orange and white barricades with water, plastic barricades being made heavier to keep potential protester out and away from the courthouse. there's a second ring of metal gates inside the traffic also being rerouted. we're seeing a lot of preparation under way across the city, preparation for possible violence. and two arrests friday as well, arrests of men on gun charges, fbi investigation according to the st. louis post dispatch says they may have been planning to try to make explosives as well. that's the real fear here. that violent groups could try to influence or ride on the coat tails of legitimate protesters in in event. we're hearing about a number of events and concerts being closed and shut downs and school districts deciding to cancel

monday and tuesday. sot far the number of protesters has been small, about 50 out last night. some of them hit with pepper spray by police. eric, back to you. >> we'll be standing by for any developments, thank you. arthel. >> eric, following days of record breaking snowfall, people in western new york are now bracing for even more rough weather. this time though, it's rain and for the folks who have had several feet of snow on their roof tops, a little bit of rain can make the snow that much heavier. it's definitely not what you want to hear if you're concerned your roof will cave in. a flood watch will take effect tomorrow afternoon and brian has the details. >> the 7 feet of snow in the buffalo area seen over three days this week is about as much snowfall as the area gets in a year. now the concern shifts to flooding. the national weather service has issued a flood watch for sunday to wednesday. temperatures are expected to rise rapidly up to 60 degrees on

monday. melting snow, holding the equivalent of about 6 inches of rain. in addition, a half inch or so of rainfall expected on sunday night and monday. >> the warming will bring melting, melting will bring water. water will bring floods. how many and where? we can't tell you. we are preparing now for more flooding than we have seen in a long, long time. >> officials are preparing for the worst, bringing in large water pumps, 375 in fact, swift water rescue teams and boats are ready so are helicopters and heavy equipment is ready to clear drains and drainage ditches. officials are particularly concerned about flooded basements and heavy know piled on roofs of homes. overnight on thursday, 30 major roof collapses were reported. meanwhile, people are continuing to dig out of their homes along

with the new york national guard. some 5,000 people are helping in the cleanup effort. some local travel bans are being lifted allowing delivery trucks to bring food and supplies, a 132 mile stretch of the new york stay thruway has reopened but several exit ramps remain closed and roads remain dangerous cuomo believes it could have been much, much worse and they are waiting and seeing and preparing for the worst and hoping for the best as he has said. >> hoping for the best for sure. thanks so much. >> arthel, there are reports that president obama will be broadening the u.s. combat mission in afghanistan. he's reportedly approved new guidelines that allow the pentagon to target taliban fighters as well as provide air support for afghan forces on the ground. that move would be a significant change from the president's previous plans which had the u.s. switching to a noncombat role there. they were supposed to focus on

training afghan forces and providing support with counter terrorism operations. >> a case of lost and found in the irs targeting scandal. federal investigators have recovered as many as 30,000 e-mails that had reportedly gone missing. lerner is the former irs official at the heart of the investigation into whether the agency unfairly targeted conservative groups seeking tax exempti exemption. molly has more on this. >> arthel, the irs has said repeatedly that its technology experts could not recover the missing e-mails but now the treasury department's inspector general for tax administration says its investigators have retrieved data from irs backup equipment, in the form of e-m l e-mails, possibly 30,000 of them that irs commissioner john kosk anyone told reporters were lost. whether it and specifically lois

lerner targeted conservative groups says the new e-mails may be important in investigation. here's how the irs explains what happened. in june of 2014 the irs provided a detailed report on its efforts to locate and produce lerner's e-mails including by producing more than 24,000 e-mails from the period prior to her hard drive crash in 2011. we understand that shortly after the irs issued its june report, the treasury inspector general for tax administration began an investigation of the hard drive crash. and a search for additional e-mails. commissioner kosk nin has said for some time he would be pleased if additional e-mails from this time frame could be found. critics have long been suspicious about the irs' claim that the e-mails were gone for good. jim jordan put out a statement, the irs has continually dragged its feet, changed its story and

has been less than forthcoming with information related to its egregious violation of americans first amendment rights. these e-mails are long overdue and underscore again why we need a special prosecutor to conduct an unhindered investigation. the senate finance committee says investigators are trying to convert the data from e-mails into readable format before turning them over to congress. arthel. >> thank you very much, molly. >> another prisoner is out from gitmo, the seventh detain ee let go from the facility in the past two weeks. who he is and where he is heading and why he was sprung. as republicans criticize president obama's executive actions on immigration, he launches, mr. obama, that is, an aggressive campaign to defend his move. >> i didn't dissolve parliament. that's not how our system works.

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well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. years at guantanamo bay. his name is muhammad al zahrani, he'll enter a program intended to rehabilitate militants. he is the 13th released this year. 142 detainees remain there. the al qaeda linked militant group killing 28 people after hijacking a bus in kenya. police say the terrorist single

oud nonmuslim passengers and shot them to death. the attack happening near the border with somalia. an explosion at the luxurious hotel in london. they expect a gas leak and caused the explosion. 400 of the guests were moved to a nearby hotel. president obama strongly defending his executive actions on immigration that allows millions of undocumented immigrants to remain in the country. but outraged republicans are criticizing the move. house speaker john boehner says the president is damaging his presidency by abusing his power. cal thomas, a syndicated columnist and fox news contributor and richard goodstein, a democratic political consultant and former adviser for hillary clinton for president. >> richard, got any plans any time soon? just asking. that's not this segment. we'll move on. all right, you know what, i'm

going -- since i mentioned you, i'll let you answer this first question and then cal i'll get you to speak after that for me. speaker boehner says president obama's action will damage the presidency. do you agree or disagree and tell me why? >> yeah, each republican president going back to dwight eisenhower issued an executive order that allows undocumented immigrants to stay in the country in one fashion or another. what the president has done is pretty straight forward and i honestly don't quite know where the objections are coming from. he's securing the border, deporting felons and keeping law-abiding families intact and making people who choose to stay here, who qualify, go through a background check to make sure they haven't done anything illegal and pay taxes. this is going to be a big boom to the economy. what he's not doing, what all the critics claim, not giving them citizenship and not

allowing them to vote or giving them wellfair or to get health care. he is allowing them to open businesses and set up bank accounts and allowing them to pay taxes. there's really a net positive to this. there's no problem for the presidency. >> cal, how do you see it? >> arthel, democrats like to say every president going back to eisenhower hasxecutive orders in one form or another. let's take the president they like to cite most often, ronald reagan, congress passed an amnesty bill but it required a certain thing, the former senator from wyoming alan simpson told me once they didn't get the secure identifier or the border security. the president talks about border security. if he had really been serious about this, he would have put troops on the border and finished construction of the wall then re-republicans would have done something about the illegals here among us.

by the way, every bill has been frustrated by harry reid. for the president to accuse the republicans in the house of stone walling is little disingenuous. >> i want to two play sound bites, one from speaker boehner on friday and from president obama in his weekly address made today. listen. >> with this action the president has chosen to deliberately sabotage any chance of enacting bipartisan reforms that he claims to seek. and as i told the president yesterday, he's damaging the presidency itself. president obama has turned eed he have edaef ear but we will nt do that. >> had the house of representatives allowed a yes or no vote on that kind of bill, it would have passed with support from both parties and today it would be the law. for a year and a half, republican leaders refused to allow that simple vote.

>> okay, so president obama there making the case that this was the only path forward and saying the senatewide bill that was passed back in june of 2013 with bipartisan support but went nowhere in the republican controlled house. cal, both of you, i'll let you respond first but i have a minute left. please keep it down to 25 seconds each. >> okay, look, this is all political hoo ha. this is about importing votes. this is -- he says they are not going to give them citizenship. don't you know within three or four months chuck schumer will say, this is only fair, we need to give them citizenship and welfare and health care. this is all baloney. the democrats control both houses of congress for two years. they did nothing on immigration. nothing. >> richard, you get 30 seconds. >> again, the law supports this, there's a 33-page memo issued by the office of legal counsel. i suggest the viewers look at

it. the president goes back to many republican and democratic presidents and all they are trying to to do, keep people from having to look over their shoulders and wonder if they get snatched back to where they came from. they are law abiding, religious, family oriented. that's what i think republicans want to have more of in this country. i for the life of me don't understand what the objection is having them stay here -- >> they broke the law. >> okay, i heard u cal just got the last word. >> sorry, richard, i have to run. >> no problem. thank you, arthel. >> eric? >> arthel, the clock is ticking on talks own iran's nuclear program. john kerry meeting with iran's prime minister but you know there are only two days left to go. the deadline is monday and everyone is asking, will have a

deal? can iran be stopped from potentially building a nuclear bomb?

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can iran be stopped from building a nuclear bomb? you know they refewed to stop enriching -- refused to stop enriching uranium and they have blocked u.n. inspectors. the secretary of state john kerry is meeting with the minister and he's warning that there are serious gaps in the talks and a deadline for the permanent agreement is monday. lisa daftari is a fox news

contributor is joining us right now. what do you think going to happen? >> the deadline is monday. there will be an extension as many people are predicting or we'll go forward with what looks like a very bad deal. >> what does it mean if it's there an extension? >> it means that -- look, for iran it means a very good thing they have more time, what they wanted to carry out their nuclear program. now, let's look at what a good deal with iran would look like. it's meant to do three things. the first to curb their behavior back at home. we have seen what, an increase in the number of executions in iran. curbing of the behavior in the reamen. they're still pulling the puppet strings in syria and lastly and more importantly, we want them to stop the nuclear program from going forward. we haven't seen that. so an extension would only allow iran to continue playing out the clock and continue with their program and their bad behavior.

>> what would be a bad deal? >> it looks like bad deal is just surrendering to what iran has continued to do. we agree to "x" amount of uranium, but we don't know what the entire program looks like. this is a facade of a deal. >> the united nations security council six times has demanded and said stop enriching uranium. they refuse. so why should we trust anything they say? >> latest report is that the iranians are not complying with the investigators trying to figure out the program. and "b," that the only thing that's very apparent they have taken their program forward. most importantly, what people have to really recognize here is that the human rights abuses both back at home, the number of executions and not to mention the two americans being held there. >> and those americans are? >> pastor abidini and we have a

marine, two americans held in the prisons of iran. the people of iran, we have over 70 million people, also prisoners to this regime and the human rights abuses going on there. the topics should be a part of the talks going forward with iran. they should be all a part of curbing their behavior and instead what we have seen is the world, the u.s. and the world community is changing our behavior and accepting what iran has -- is doing. >> do you worry about any type of concessions in order to get a deal? look, we'll give you x, y, z and they won't follow through? >> it looks like it will happen. >> really? >> if this deal is pushed forward before monday, it looks as though the u.s. -- we don't want to upset the deal. they don't want anything to go wrong so they will not ask iran for full and open disclosure of the -- >> that's unbelievable because they're saying we don't want to have a bomb, we want it for peaceful purposes, but they're

not letting the u.n. inspectors in to the facility that had some research on nuclear explosive devices. >> right. we're not asking. >> if you only see part of -- >> absolutely. we're not asking and they're not telling. >> the bottom line, do you worry most they'll come out of a deal that potentially could still let iran build a nuclear bomb? >> absolutely. the only winners will be the iranian regime. we are seeing a loss of the iranian people. for the stability and the global economy as a whole. >> and secretary of state comes out waving the agreement, what about congress, where do they sit? >> congress is worrying that kerry and president obama will push this forward without approval. they'll try to keep pressure on iran, we will see trouble there. we have lawmakers on both sides, senator kirk who i interviewed this week, he warned congress. he put together a letter with senator rubio warning the president from going forward

without congressional support on this. >> finally, because of the republican senate, it could be tougher? >> it will be absolutely tougher. again, we have bipartisan support. most sane people think this is a bad idea but we have secretary kerry, president obama opting for a bad deal in favor of just -- >> well, we'll see if there's a bad deal or a good deal or even a deal or maybe no deal, then they'll keep on talking. for a potential deal. lisa daftari -- it goes on and on. thank you for your analysis. here's the deal. picking up on you -- hillary clinton and a tantalizing tweet. what's behind it? we'll discuss it coming up next. keep it right here on america's news headquarters. ♪ (holiday music is playing) hey! i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before.

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and hello. i'm arthel neville. >> hello, i'm eric shawn. topping the news this hour, hillary clinton creating potential rallying cries for 2016 by judging into the debate over immigration and executive action. how she's adding to the intrigue of her possibly running for the white house. also at any moment now, we could learn if charges will be filed against the police officer who shot an unarmed teenager in ferguson, missouri. man oh, man, of all that snow, a new weather danger now looming in western new york state -- rain threatening to turn those mountains of snow into major flooding.

but first, we start with our top story. president obama continuing to defend his controversial use of his executive order today. that after delaying the deportation of as many as 5 million illegal immigrants and move the republicans charge goes against the will of the majority of americans. we have the latest from washington. >> reporter: well, the weekend vacation in las vegas, the president released his weekly address. not surprising it doubled down on his hard sale of immigration reform by executive action. that offers what many call amnesty to roughly 5 million illegal immigrants. the talking points remain mostly the same. and he dares an angry republican congress to do something. >> as you might have heard, they questioned my authority to make the immigration system work better. well, i have one answer for them. pass a bill. the day i sign it into law, the

actions i have taken to help solve this problem will no longer be necessary >> reporter: wheel it includes -- while it includes enhanced border security comes nowhere close enough to off set the anger over the rest of the president's moves. >> we're going to try to do everything, whether it be legal approaches, whether states and those of members of congress and hopefully we will have standing. everything down to policy bills and spending bills. we need to actually rein in this type of unilateral executive action. >> reporter: on friday, house republicans filed a lawsuit against administration officials over parts of obamacare. and whhasn't happened yet over immigration, republicans have made it clear all along they consider every option on the table. eric? >> all right, leyland, thank you. well, eric, we are awaiting for a missouri grand jury to announce its decision on possible charges against ferguson police officer darren wilson. it can come any day now as the panel reviews evidence in the

shooting death of unarmed teenager michael brown. garrett tenny is watching it for us where the grand jury has been meeting. garrett? >> reporter: yeah, the entire st. louis region is gearing up for this grand jury decision. you can actually see here at the courthouse even you have these barricades and metal fencing that were erected by police a few hours ago. this is in anticipation of the grand jury decision and the city of clayton will take additional steps to secure buildings an businesses downtown by restricting traffic to certain areas here. protesters have said after this decision comes when it is announced they plan to shut down the city. but all across the region, people in businesses, officials, police as well as protesters are preparing for this decision. training has been going on, people have been stocking up on food as well. last night in ferguson, we saw one of the largest protests that

we have seen in the last week. there's emotions and tensions that have been on display. they really came to a height last night. there's about 125 folks that gathered down there. they completely blocked the street at one point. and police say that at one point, a driver who was trying to get by on the street lost control and crashed into the light pole there. the crowd gathered around the vehicle until police moved in to clear it out. emotions were running high, but for the most part the protests did remain peaceful. only three were arrested for unlawful assembly. and now the entire region, really much of the nation is just standing by, waiting for this grand jury decision. arthel? >> all right, garrett, thank you so much for that live update there. and this grand jury is pretty unusual in a few ways. this case has stretched on for months. prosecutors also have not suggested a specific charge. that's something they usually do.

and the grand jury did hear from all relevant witnesses we're told including police officer darren wilson himself, which is pretty unusual for the target potentially of an investigation. plus, testimony from a forensic expert was hired by mightal brown's pham -- michael brown's family. it is being recorded and transcribed which sometimes doesn't happen. if officer wilson is indicted the evidence would then be presented against him at a potential criminal trial. but if he not indicted, the prosecutor has asked the judge to make all the grand jury evidence public. a police officer in florida shot and killed today while responding to a house fire. officials say when the officers arrived on the scene, a gunman began shooting as the officer approached the house. the sheriff's office says that's when the suspect picked up the deputy's gun and used it to shoot a second officer. then an officer living nearby threw on his bulletproof vest,

grabbed his gun and ran toward the house where he shot and killed the suspect. the second person was saved by his protective vest. and overseas now vice president joe biden making a major humanitarian announcement in turkey today. he says the united states will now provide nearly $135 million in additional humanitarian aid. that's to help the citizens affected by the civil war, including refugees who have flooded into turkey. the united states had provided $3 billion since the start of the conflict. also while in turkey vice president joe biden meeting with the turkish president, praising his government for showing leadership in the battle against isis. this includes taking in a reported 1.6 million refugees from both the syrian crisis and recent uprisings in iraq. the vice president also noting the toll of the humanitarian

effort has been taking on turkish citizens. >> and turkey is providing as they do an humanitarian -- anything from housing to health care to food to clothing, and it's the government and the people of turkey that have welcomed and cared for those displaced by this war. accommodating so many is a costly proposition. >> the vice president telling the turkish president he thinks the partnership is as strong as it has ever been. and people are lining up for help in a city that's become a war zone. it's donetsk, ukraine. donetsk is at the center of the conflict. about a dozen help centers have been set up and they're paid for by ukrainian billionaire. many of the people depend on their government pensions, which have not been paid out for months.

hillary clinton taking to twitter to support the president's immigration plan. what does this say about a possible white house run and latino vote that might help put her there? a window washer plummets 11 stories to the roof of a moving car. hear how the worker and the driver are doing today. yeah, they both survived. and a new batch of worries in the buffalo area as the snow begins to melt and residents finally start to dig out. given the past few days, the team really stepped up and i believe it's not an overstatement or dramatization to say that the good work saved people's lives. dad, i know i haven't said this often enough, but thank you. thank you mom for protecting my future. thank you for being my hero and my dad. military families are uniquely thankful for many things, the legacy of usaa auto insurance could be one of them.

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we're for net neutrality protection. now, here's some news you may find even more surprising. we're comcast. the only isp legally bound by full net neutrality rules. now a quick check of the headlines. window washer in critical condition but he did survive. he felt get this 11 stories in downtown san francisco. he landed on top of a roof of a moving car. he crushed it and that sent glass flying. he was conscious when the medics got there and the driver of the car is okay. bill cosby played to a nearly sold-out show in melbourne, florida, amid the controversy over the decades old

rape and sexual abuse allegations from a string of women. the theater beefed up security in case there were any protesters. one stood outside with a sign. cosby we're told that his fans gave him a standing ovation. up to two feet of snow forecast in the rockies while a system is moving across the south could bring tornadoes and hail there. meanwhile, warmer weather and rain is beginning to melt all the mountains of snow near buffalo and that's raising fears of possible floods. well, republicans, they are calling for a hearing in the house on president obama's use of executive action on immigration. meanwhile, hillary clinton threw a little fuel on to the fire of speculation by throwing her support to the president. she treated, thanks to potus for taking action on immigration. now let's turn to permanent bipartisan reform. we have the chief congressional correspondent for the washington examiner. good to see you. >> hi, arthel.

>> could it be as simple as hillary clinton that she agrees with the president's policy or is pandering to the votes for a run for the president in 2016 and the tweet is a litmus test? >> well, i think one thing everyone will be watching for is how the public responds to what the president announced last week. if you see everything, you know, acting fairly supportive of it, then what mrs. clinton did is going to be very helpful. but if you see a real backlash which some critics have predicted will happen, you know, it could -- arguably it could hurt her. especially if there's further repercussions down the road. if we have more problems at the border if there are other issues associated with the executive order that the president issued. but i do think the point you brought up, what does this mean about her 2016 prospects? the hispanic vote is so critical in presidential elections. it helped president barack obama

win in 2008 and in 2012. and it's really -- it really hurt mitt romney. there was a 44-point difference in what the president earned amongst hispanic voters and what mitt romney earned. he had 27% of the hispanic support. really dismal number for a republican. so hillary clinton knows that hispanic voters are key to her winning in 2016 if she decides to run. so no surprise that she tweeted in support of what the president said. the big question -- is it going to pay off for her or hurt her? we have to wait and see how the public responds and how it affects the border and other issues involving immigration issues. >> yeah. like you say, we'll find out if the tweet was an indication that mrs. clinton going to announce her run for -- her candidacy for president or that maybe she's just remaining relevant and wants to maintain her status inside the democratic party and the political world in general.

>> that's right. i think interestingly all the republicans who we're talking about as potential contenders in 2016, they oppose this. rand paul, jeb bush, they are all saying, hey, this was an overstepping his authority. it's not constitutional. it will hurt future efforts to get comprehensive immigration reform. they weren't afraid to come out against it. so, you know, you have no hesitation, they're probably banking on the fact if you look at poll numbers, most people think it was a bad idea for the president to act unilaterally. so i they're banking on those voters thinking, hey, this wasn't such a great idea. what are the hispanic voters thinking? there's been little polling done. there was one poll that had the hispanic voters fairly divided about this. really i hate to say it, the jury is out. we'll see how this unfolds over the weeks and months ahead. and i'm not sure right now who won out.

hillary clinton tweeting about this or republican potential 2016 contenders saying that they oppose it. >> and you can bet that everybody else is watching closely to see how it's going to pan out. you know, the public response and if it's a favorable response to what the president has done. then i'd imagine mrs. clinton's camp will cling on to her support of the president in the tweet and if it turns out that the support is not there for mrs. clinton's position then her adversaries will definitely use that against her. >> absolutely. and i think -- watch what congress does on this. because they're actually at a point of, you know, crossroads now. how much action, how far should they go? they're starting in december with some hearings where they're going to examine was this overstepping the president's constitutional authority? and in a spleparate hearing they'll look at how it will affect border security. they care about the border security issue. so they'll try to highlight whether this is going to hurt

border security with what the president announced or it may not have any effect at all. there's so much unknown about what the effect of this order will have in general. i think everyone is kind of hedging a little bit. >> yes. >> including the republicans. >> yes. you know, you mentioned the hedging on everybody's part. i asked you, susan, is it possible that anything can be done without just the political posturing and for political gain and political security if you will with -- put that aside and be concerned about the concern of the people, the american people. i mean, is that even possible? >> not in 2014. but in 2015 with the republicans in charge of both chambers there will be a lot of political pressure on them to do something. so i think you may have them forced to try to come up with something and to work with the president. because i don't think either side, either republicans or the president or the white house wants to be blamed for blowing out comprehensive immigration

reform. the public really favors. so both sides want to achieve that. 2014 it's not going to happen. we have only a few weeks left before congress adjourns. i say if it's possible at all we will likely see it happen in the new year or the year -- probably the new year. not the year following because we're getting into the presidential politics at that point. but it's possible. i think it could happen. >> possible that the people's voices will be heard. whatever that is. >> yes, i think so. >> okay. we know you'll keep watching it for us. good to see you, susan. >> you bet. following days of record-breaking snowfall, people in western new york are embracing for something that could be something worse -- forecasters are warning that the buffalo area could see several inches of rain and that can bring flooding because you know all that snow when the temperatures go up that's going to melt. so you have all this snow melting, all the new rain and

that means a flood watch that will take effect. man, oh, man, they have been under something up in buffalo. >> they have. it's really extraordinary. seven feet of snow and then the rising temperatures, quickly rising temperatures, 60 degrees on sunday. that could equal six inches of rain within that snow. on top of that come sunday and monday, they're expecting an additional half inch of rain. as you can imagine right now people are preparing for the worst and hoping for the best. andrew cuomo the governor of new york just wrapped up a press conference at a facility, at a warehouse filled with hundreds of pieces of equipment that are meant to help fight this potential flood. some 375 different water pumps and a number of light towers, swift water rescue boats, boats, high axle vehicles and hundreds of thousands of really sandbags that are going to be used to fight the flood.

cuomo said like we said they're preparing for the worst and hoping for the best and what he's calling phase two of this disaster. >> fatigue is starting to set in. we're on day four and day five for many people. and we have more to go but just stay strong. we'll know what we're looking at over the next 48 hours. we'll have a good sense of what the flooding situation will be. and then we'll take it from there. >> now, the national weather service has issued a flood watch for sunday going all the way through wednesday. eric? >> you know, it's almost impossible to imagine, you open your door and it's pictures of like a wall of snow. so they have been cleaning up. how is that going? >> well, yeah, exactly buffaloians know a thing about snow. they're shoveling the snow off their roof and that's part of the problem. cuomo believes the snow removal process is going well. going great. but they're really -- really scared about what's going to

happen to these roofs because now you have wet, potentially melting snow on top the rain that can cause roof collapses. overnight on thursday about 30 major roof collapses happened and that -- in that night alone. that's something they'll looking at. but 500 national guard along with 5,000 additional people are helping with this snow removal process. some local travel bans have been lifted and that's allowing for delivery trucks to bring in much needed food and supplies to the supermarkets. 132-mile stretch of the new york state throughway have reopened. but some exit ramps have reopened and people are still being told to stay off the road because it's dangerous. 13 people have died in the event. very, very sad. and andrew cuomo said because they have the preparations that they have taken he believes it could have been much, much worse. >> thank you so much. eric, another detainee is released from guantanamo bay. who is he? why was he let out? and where is he going?

also can the united states bridge the differences with iran before monday's deadline for nuclear deals? ambassador john bolton joins us next. >> we have been obviously having difficult talks here. complicated. we're working hard. we hope we're making careful progress. but we have big gaps. we still have some serious gaps which we're working to close. (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.

almost the bottom of the hour. the family of british isis hostage brian hennig celebrating his life.

he was one of several executed in graphic videos by the terror group. the united states sending home another prisoner from guantanamo bay as the obama administration tries to whittle down the number of detainees being held there. the suspected former member of al qaeda was in u.s. custody for more than a dozen years, returning to his native saudi arabia. he's the 13th to leave gitmo this year. and hollywood megastar angelina jolie says she is giving up acting in a candid interview. the 38-year-old actress says she prefers being behind the camera saying, quote, i never thought i could direct but i'm hoping to have a career at it because i'm much happier. we know the clock is ticking, 48 hours to go as secretary of state john kerry meets with iranian foreign minister javad zarif and there are still serious gaps on iran's disputed nuclear program. the ed the line comes -- deadline comes monday but iran

still refuses to stop enriching uranium. refuses any major cutbacks in the programs and even blocks u.n. inspectors from the military complex that's suspected of having worked on nuclear explosion research. can iran really be stopped from having the ability to build a nuclear bomb? john bolton is a former united states ambassador to the united nations, and fox news contributor. ambassador, in two days, maybe the secretary of state comes out if they have an announcement. what do you worry about the most? >> well, i think the obama administration is so desperate to get a deal on iran's nuclear weapons program by this self-imposed deadline that i worry they will make concessions that are even broader than the many concessions they have made already. a deal where we're trying under pressure we have imposed on ourselves is going to be all in iran's favor. i think the most likely outcome at the moment will be that the

deadline will be extended. so that the negotiations will continue. >> and if the deadline is extended what does that mean to iran and its program? >> well, it means several things. first, it gives them more time. time is always on the side of the nuclear proliferator. so while the discussions continue, the weaponization activities as well as the uranium enrichment continues. it also has an effect on the steadily eroding economic sanctions. as long as iran can continue on the path it's on, european businesses in particular will be beating a path to tehran to sign new deals. i think it simply increases the pressure on the administration to make more concessions. >> yeah, the iranians are showing us some new u.s.-built helicopters that they're not supposed to get but they were able to evade the sanctions and getting. what type of concessions have they been that we should not have given them? >> well, fundamentally the

decision to allow iran to have any ongoing uranium enrichment capability simply legitimizes the central element of any program. as long as iran can continue to enrich uranium even if it's under international monitoring means they can at a time of their choice break out of the monitoring as north korea did. and proceed to a nuclear weapon. that of course assumes that we have 100% perfect knowledge of all of iran's nuclear activities which i don't believe for a minute. >> well, the iaea says they don't really know. they have no way of completely 100% confirming all this. and the iranians won't let the u.s. inspectors into the parchin complex. >> this is an important point. you know, the iaea for years has been pointing out one example after another where iran has

blocked or stone walled their activity. where they have concealed or covered up evidence in some cases where they have destroyed buildings, excavated dirt to try and remove traces of radioactivity that would give evidence of the program. iran's strategy successful i'm afraid against the iaea and the west these last 12 years has been cheat and then retreat. when they're caught, they back away and then they find a way to break their obligations somewhere else. i think the fact that the iaea has been essentially totally blocked from any investigation of iran's weaponization activities is particularly disturbing since that's the aspect that's critical to getting from highly enriched uranium to having a real nuclear device. >> what does a weakened iaea mean in this process? >> well, it discredits the iaea if the administration makes concessions. it's amazing but for the past

several years the obama administration's position has been weaker than the u.n. security council. and what all of this shows to the leaders in tehran and to other would-be nuclear proliferators if you're just determined enough and patient enough and the administration like the obama administration will give you what you want. >> well, you just raised a terrific point. the obama administration puts a lot of faith in the united nations. and tehran has been violating six regulations and now our position is now ignoring that. >> that's right. look, iran is following the richard nixon strategy that he used during watergate. you know up, he famously said to john mitchell once, do anything, plead the fifth, stone wall, whatever it takes, save the plan. that's what iran's doing. and president obama and secretary of state kerry are falling for it. >> well, finally richard nixon was forced to resign, he didn't

have support of the republicans on the hill. what do you think will happen with tehran? >> i think they'll go from strength to strength. if you see weakness in negotiation it's not just the obama administration, but the british and the french and the russians and the chinese are happy to have it turn out this way. it's a pathetic performance and it amounts to appeasement of iran's leaders. >> ambassador john bolton, see you tomorrow at 12 noon. perhaps there will be an announcement as we follow the on going developments if there are any in vienna. >> thank you. eric, japan is hit by a strong earthquake. the 6.2 magnitude quake rocking the central part of the country. there are reports of several injuries. hundreds of homes without power and knocking down nearly a dozen homes. knocking down the homes, dominic di-natale, what? >> reporter: yeah. absolutely. another big concern is when it

struck about 10:00 p.m. local time was whether it would a sue naan -- tsunami, but it happened too far in. it was felt about 110 miles away in the capital of tokyo. the military is sending an advanced party to assess the situation and they're not entirely sure how bad it is there. because it's so late at night now. it was say about 10:00 p.m., so it could be dawn before we know what the true aftermath looks like. the latest reports are that 20 people are injured now. ten people rescued after being trapped inside their homes. you can see one that's collapsed there. not many photos coming out of the region at the moment. certainly no video at this time. probably because it's dark but also communications very much disrupted in the area. ten homes around the main ski resort there have collapsed. that's the number we have at the moment. this region was the site of the winter olympics.

unclear if there's risks of avalanches but a report of a landslide in the area has the authorities fearing more people could be affected. it certainly cut off the two main roads in the area which is why we have so few images at this time. there are holes in parts of the train service. the bullet train service for a short while. there appears to be no damage to the nuclear power circuit. and japan obviously had problems with nuclear plants in the past after the 2011 earthquake that damaged the fukushima nuclear plant and they have never recovered from that. it continued to leak radiation into the sea. you can imagine how concerned the authorities are. so we do know that japan rests on a major intersection of three tectonic faults. which is why we see it 457ing.

three faults converging which makes japan the deadliest country to be in. anywhere in the world earthquakes are going to happen, part of the ring of fire is what it is called. so we are waiting for an update from the authorities on exactly how many people have been harmed here. no reports of death, but we expect in the next two to three hours once daylight starts to emerge over there in japan that we'll have a better picture and we'll bring that to you. >> japan the deadliest place to be in did you say? >> in terms offers apparently so, yes. >> too bad. my in laws live there. thank you for that report. eric? arthel, you heard about this, the case of the lost and found in the irs targeting scandal. can you believe this? we were told they were gone, vanished, disappeared, like magic. all the e-mails from lois lea lerner, can never find them.

guess what, 30,000 have been uncovered. what does this mean for the on going investigation? our legal panel will tell us. you're here to buy a car. what would help is simply being able to recognize a fair price. truecar has pricing data on every make and model, so all you have to do is search for the car you want, there it is. now you're an expert in less than a minute. this is truecar.

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federal investigators recovering as many as 30,000 of lois lerner's e-mails. she is the former irs official at the heart of the investigation into the alleged targeting of the conservative groups. where does this case go from here? joining us to discuss this is former prosecutor david schwartz and fox news legal analyst bob massi. good to see both of you. yeah, bob, i'm going to start with you first. i want to clarify that of the 30,000 e-mails that have been recovered no one knows at this point if in fact those are the missing e-mails from ms. lerner's computer and if so how many. >> correct. >> let's go under the guise for the sake of this discussion,

bob, that perhaps some of the e-mails if not all are from mrs. lerner's computer. so what's going to happen ultimately? could ms. lerner face legal charges? >> listen, it opens up a pandora's box as let's assume it comes from her e-mail. height could be relevant evidence they're looking to determine who was targeted, was the tea party targeted, conservative groups, things of this nature. they have to go through this carefully because there's a lot of personal information that will be redacted before it is turned over. but the key going to be assuming they are the evidence they're looking for, part of it, they'll have to sort of follow these e-mails and see if there was perjury involved, although she did take the fifth amendment. she was held in contempt by the house representatives. but i hasn't been enacted upon. it's somewhat of a fishing expedition but they may have the relevant documents to determine what happened and who was targeted. >> so david, let me get your that take on this. what damaging evidence might the

discovery bring forth against ms. lerner? >> not only ms. lerner but other people in the irs as well. the problem with the criminal case to start is the ability to prove knowledge and intent. was there knowledge, was there an intent to violate civil rights? an intent to violate the hatch act or the lie to -- or to lie to federal officials? i think what they my uncover is intent. when we see the conversations back and forth we'll see if there was a willful violation of the law. >> bob, were you going to say something? >> you know, in the world of litigation, both civil and criminal, what david does, i will tell you and i think you'll agree that people put words in e-mails every day of life in business and otherwise. they don't recognize may meet exactly what david is talking

about, intent. somebody may have sent something innocently, but the way it's worded and the way it sounds could rise to a level of criminal culpability, civil culpability and that's why these e-mails and e-mails in general can become very damaging evidence, particularly at the level we're talking about now. >> so you just laid out something, bob, that could be used in ms. lerner's defense, the intent of the words in the e-mails? >> absolutely right. that's 100% right. the e-mails could go either way, but right now there have been no charges anyway. so i think at this point the e-mails could only hurt ms. lerner. they're not not going to be able to help her. you never know, it could exonerate her. >> does it matter how they uncovered the 30,000 e-mails? >> no, i don't believe it matters. this is a federal -- this is an agency of the executive branch of government. the e-mails were subpoenaed.

lois lerner claimed the e-mails were lost and they have been searching for the e-mails ever since. you know, when you erase an e-mail you're only erasing the first layer of it. that's why i never bought the fact in the first place that the e-mails were lost. >> so then bob, does it matter how the e-mails were lost in the first place? >> well, i mean, i don't know how you'll prove it was intentionally deleted or something happened with the equipment that caused it. but i have to tell you, it's going to come down to that substantive language to trying to trace and get inside the state of mind that the people -- and david said was there a collusive conduct going on here, were there agreements in these e-mails affirming or denying in fact go after that group, find out about this nonprofit, do these things. the substantive language in

there is going to be very relevant and how it flowed. you know, if you get one or two e-mails, that's the end of it, that's one thing. if you get a series of e-mails that sort of show this consciousness of thought and how they were thinking, that becomes relevant. that could be damaging. or as david said could go the other direction and could exonerate her. >> you gave her the last word, so i'll leave it there. >> the last word is i always agree with bob. >> sorry, david. >> no, thanks to both of you. see you soon. arthel, workers at an animal shelter in maine, well, now they're scratching their heads today after a kitten ended up on the doorstep. see this little cute critter? well, she was reported missing by the owner halfway across the country. the perplexing story. >> really? the gentleman was assisting the delivery of a donation and found it outside the store. it started to move. they challenge us.

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i'm just looking over the company bills.up? is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. >> iran and the bomb. for a look beyond the news of the nuclear talks in vienna, here is liz trotta with her

weekly commentary. >> shaggy dog stories will test anyone's patience. you mentally drum your fipger fingers waiting for the payoff. the news business has its share of shaggy dog stories. take iran for instance. will anyone bet real money on the outcome to stop iran from constructing a nuclear bomb? we have heard all the mind-numbing details about centrifuges for months now. and yet, we have little idea what the punch line is. after more than a dozen years of meetings and postponements, we're approaching another deadline for progress towards a deal. this coming monday. that's when last year's interim agreement expires. a face-saving temporary move that curtailed iran's nuclear

program in exchange for some relief from economic sanctions. now sources close to the six western nations involved are predicting another and at least since 2009. and one can only imagine the flaw of that communication. mr. only seems to believe that the force of his personality and a few words in farce he will earn him the respect of the ayatollah's who long ago deserved his weakness. getting a deal with iran has been a near obsession for the president, starting with his 2007 campaign.

. senior and democratic leaders are already signaling that come january, with the new congress, the president will feel intense pressure to increase the sanctions. the decline in oil prices cut iran's revenue of crude oil by 30%. the iran regime needs a price of $143 a barrel to break even this year. israel, of course, remains bitterly opposed to a u.s. agreement with iran. convince the ayatollah's will cheat and block inspection of any nuclear insulation in iran. more to the point, how can anyone not appreciate israel's influence when just this week hamas terrorists, traditionally bank-rolled by iran, massacred four rabbis at prayer. it's possible that at the 11th hour mr. kerry will buckle and

declare victory. mr. only wants a victory at any price, even with the devil. a missing kitty from new mexico found 2300 miles from home in maine. the kitten was turned into the animal refuge league by a man who found her inside a duffle bag in portland. she was tracked through a microchip to albuquerque, new mexico. >> this is an important lesson to our community that microchiping your animal is the best way to find them if they get lost. >> the owner is not from maine and knows no one from the state. the company has offered to fly spice back home. dr. match tweeted me and said it was purr-plexing story. there you go. >> get a microchip. >> my dogs are both

microchipped. both of them. my kids couldn't stand to lose them. meanwhile, an archaeologist in greece discovered a burial site dating back to alexander the great. they are looking for possible burial chambers. the project is expected to take several months. mysteries upon mysteries. >> that's going to do it for us but "healthy you and carol alt" is back after the break. ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

welcome to "a healthy you." i'm carol alt. every day it seems that another food or beverage is promising to be the best dietry food around from quinoa. america's celebrity trainer is here. and we have the latest scoop on water what is the best type of h2o to drink thanks to our friend at the environmental working group. first, we all know that sitting too much is never a good thing but were you aware that certain types of seated posture can also cause you additional problems