their story with us yesterday. phyllis sudman mom from pennsylvania seen in the middle started a non-profit that helps test people for a rare heart condition linked to sudden infant death syndrome which claimed the life of her infant son. congratulations to all the women of worth. i'm gretchen carlson. here's shep. >> we're following reaction in the eric garner case in new york city, the staten island police officer killed -- who killed with a choke hold. he's the man that a police officer killed with a choke hold during an arrest over the summer in the city. minutes ago, we found out that a grand jury is offering no bill. in other words, he will not be indicted in this case. the officer. so what will happen here in new york city on this cold and wet day? plus, if the enemy of my friend is my friend, does that mean we're now besties with iran? new reports that the iranian air force is hitting isis targets on the ground, which kind of puts

us on the same side as iran. actually no. we are on the same side as iran. welcome to a disaster in the middle east. and america's next defense secretary is going to have a heck of a challenge ahead and not just because of isis or iran. there are hot spots all around the globe, including tensions in israel and with russia. and we'll talk with a former defense secretary, william cohen, about what the next secretary needs to tackle first and in addition, surprise surprise surprise, to everyone on this news desk today, one of our favorite men in washington is leaving the fold and he's doing it in a matter of minutes. wendell goler, a washington instituti institution, live on our set, pending his retirement. let's get to it. breaking news. shepard smith reporting, live from the fox news deck. >> here we go again. a grand jury in new york city has reported it will not indict a police officer in the case of eric garner. now the city is bracing for

potential protests. police officers have told me in the last few minutes that across our city, the tens of thousands of new york city police department members are on high alert. they're bracing for protests like those that have continued in our city since another grand jury, that one in ferguson, missouri, made a similar decision. the new york case was caught on surveillance video, parts of it. officers tried to arrest eric garner for selling cigarettes illegally on the streets in staten island, untaxed cigarettes. lucys they called them. one cop put eric garner in a choke hold or something like a choke hold, semantics, they exist. he struggled to breathe. he said repeatedly on the video, i can't breathe. and in the end he stopped breathing and died. the coroner's office ruled the death a homicide which is a technical term. we'll get into it. now the grand jury has decided that the officer should not face charges in this death. this comes, of course, less than two weeks after the grand jury in ferguson, missouri, cleared a

white police officer in the shooting death of michael brown. he was black and unarmed. rick lev venal that is live at the chous this afternoon. rick to you. >> shepard, a very heavy police presence on staten island, just a few blocks from where eric garner was put in the choke hold and died. we're right in front of the courthouse and the building where the d.a. office is held and where the grand jury has been meeting since september to determine whether or not charges should be brought against officer daniel pantaleo in this choke hold case. and sources are telling us that, in fact, the grand jury returned as you mentioned with no bill, no indictment, no criminal charges to be filed against this officer in that choke hold death. it happened on july 17th. again here on staten island. if you've seen that video, you know just how disturbing it is. watching this man, standing on the sidewalk, then putting his hands up and apparently resisting arrest, according to the officers. they then took him down and put him in that choke hold. this officer, daniel pantaleo did, and you can hear garner on

that tape saying "i can't breathe." he said it repeatedly. he apparently had asthma issues. he was a very large man, 6'3", about 350 pounds. he died that day. so this grand jury of 23 people has been deliberating whether or not to file these charges since september. 12 of the 23 would have to return with an indictment for charges to be filed. the d.a. never announced what charges they were considering but they could range anywhere from second degree manslaughter to criminally negligent homicide felony assault or reckless endangerment. the m.e., medical examiner, did rule this death a homicide, caused by compression of the neck, compression of the chest and prone positioning during physical restraint by police. but again, the grand jury has decided after considering the evidence, that no criminal charges will be filed in this case. that doesn't mean that the officer is out of the woods yet, though, because there can still be a civil rights, a federal civil rights violation

investigation. there will most likely be a $75 million civil lawsuit filed against the officer and the police department by the family and there could be an administrative disciplinary process that will take place by the nypd. the officer has been suspended but at this point, he will not face criminal charges in this case. shepherd? >> rick outside the courthouse in staten island, thanks. we'll get back to him and the rest of ur correspondents as news warrants. this from the new york city handbook. quoting more than 20 years the nypd patrol guide has pro about hibited the use of choke holds relying on a rule that forbids pressure to the neck, throat or wind pipe that may inhibit breathing. this rule was plainly intended to prohibit choke holds. as defined, choke holds, though not illegal, are unambiguously prohibited by the police department. fox news senior judicial analyst judge andrew napolitano joins us live on the fox news deck. your thoughts?

>> my thoughts are that this ought to have been an indictment and ought to have been an indictment for some form of manslaughter, not first or second-degree murder but manslaughter because of the excessive use of deadly force on a person who posed no serious or material threat to the police. i say that, not having seen the evidence before the grand jury, not having seen all of the medical reports, not having heard what the d.a. said to the grand jury. but just on the basis of the tape alone, on the basis of the absence of a threat that eric garner posed, yes, he was resisting a arrest but he had no means to threaten the police, he had no deadly force in his hands. this is not a case like in ferguson where there was a struggle for the gun and the police ended up with the gun rather than the other person. this is a case of a poor, sorry individual doing nothing more than selling untaxed cigarettes and as a result of government intervention, he's dead. this is not a fair application

of the law, but my caveat is, again, that i have not seen what the grand jury saw. >> just you base a lot of this on the video, of course. you have to consider what this man was doing. this is staten island but you can walk down the street here in mid-town where all the tourists are and the rich people work in suits, and it wouldn't take me two minutes to find somebody selling lucys that hadn't been taxed or something they had driven from north carolina or got on the indian reservation, because cigarettes are $15 a pack and it's a lucrative thing. live pictures outside the spot where this death happened in staten island, the neighborhood, and we'll keep a live picture throughout the day. that was part of the reason that so much of our community here in new york city thought surely there will be some charges after what they saw in the video. >> police commissioner bratton whom i know and of whom i have a fan about his attitude about community policing was responsible for the attitude if you get rid of the small

bothersome but not really serious harmful but technically illegal activity, the worst stuff will leave your neighborhood as well. so the idea that we should stop things even as harmless as selling untaxed cigarettes is part of the plan to do that and there's a lot of statistical basis to back that up. you get rid of the small stuff, the big stuff goes away. but this is an example of it not working. this is an example of a cop using a procedure which as you indicated the police department has instructed its police for 20 years, long before he was a cop, not to use, a procedure that was grossly excessive in light of the threat to the police at the scene, which was near zero. >> by way of background in that you mentioned it cleaning up the little stuff and the big stuff takes care of itself. a time in new york city in the 1980s when nobody knew anybody who hadn't been mugged or attempted to be mugged or faced a street crime and the biggest problem you notice someone coming to our city when you tried to go through the bridges

or tunnels some guys would come to your windshield whether you wanted it or not and expect payment. even in the nicest neighborhoods people would relieve themselves on the streets of this city. those were two of the first things that mayor giuliani and the police department at the time said we're going to stop. stopped the windshield wipers and peeing on the street. may not seem like a big thing to you but it was a big thing around here and they stopped it. the questions how they were stopping it. and went on to more crimes. they took times square from a drug den that you would never let your kid goss there after dark, never let your wife or girlfriend go there after dark, never not for a minute and now it's disney world. you can be glad it's disney world or wish it weren't, that's neither here nor there. it is disney world now. but the problem is, how do you get there? 1 million times out of 1 million one i think they get there in the proper way. the question is whether this was the proper way. the grand jury has ruled there was no crime here. >> this grand jury will not have

the final word. the general attorney has been looking. the person nominated to replace the attorney general loretta lynch the chief federal prosecutor in this part of new york city. she or someone in her office will now have to decide if the federal government wants to seek an indictment of this police officer for a violation of civil rights that resulted in death. the excessive use of force that results in death. >> live pictures now outside the court as a crowd is building. though still small. one thing before we get to arthur, our contributor and legal analyst, regarding choke hold statistics in new york city. we got a statistic on every single thing there is in this city. july 2013 to 2014, the civilian complaint review board received 219 choke hold complaints against the nypd. in relative terms july 2013 to july 2014, they received the highest number of choke hold complaints as total complaints since 2001. in other words, this has been

reported on more often than at any other time in the new mil n millenni millennium. your thoughts on what's happened here? >> couple things. i do agree with the judge that i thought there would be an dimts on the homicide based on what was seen on the video. judge said and i say as well, we weren't in there, shepherd, and here's the thing, "the new york post" reports that the autopsy revealed there was no damage to his wind pipe. >> right. >> or his neck bones. >> yep. >> and although we say this was ruled a homicide, shepherd, a homicide is anything that causes death in an unnatural way. a child who dies of sids in a crib who hasn't even been touched that's ruled a homicide whereas if you're being treated for cancer and you die, that is not ruled a homicide. so the fact that it's a homicide doesn't make it a crime. it means you died in an unnatural way. the reason why i thought they would indict, was because of

what happened immediately thereafter or lack thereof when he's there, clearly in need of medical assistance, and none of it is being delivered. technically speaking, that's not criminal, but i would see human beings bleeding into the criminal arena. that is clear civil negligence. i mean a civil case here will be one, you don't need to be a lawyer to say this is so obvious the negligence that took place by many different people. but i think the cop must have done a great job saying that wasn't a choke hold, this is the seat belt maneuver we're allowed to use, i asked him to put his hands behind his back, he refused, i had no choice, he was breaking a law, i needed to arrest him. he refused to allow me to arrest him. >> in the end i killed him? >> but i didn't intend to kill him. >> i didn't say he intended to. >> i didn't know he had bronchitis, problems breathing. >> i don't think anybody believes this officer intended to kill this man. the question is how much is too much? today the grand jury said what

it said. look at the cover of, for instance, the "huffington post" which i have over here, strangler cop walks. we know that a police officer has to believe that if he follows procedures, that the law and the department and the courts will back him. if he's worried or she's worried every time he or she has to make an arrest, the people of the city of new york are poorly served or whatever city you're from, it's the same way. the question is, where's the line? and apparently this video was before the line. right? >> well, the grand jurors -- >> that's what i'm saying. >> the grand jurors found it to be -- right, correct. >> i wonder how that's going to -- >> we don't know if the d.a. in staten island -- arthur knows, i do not, will release the level of evidence that the grand jury saw that we saw released in ferguson. if he does do that -- >> it would stun me if in this city that happens. >> it would be very unusual. it's not required. it would be gratuitous but might

help the public to understand and explain this apparently bizarre ruling. >> the makeup of the grand jury again? >> 14 white and at least 8, nonwhite, 5 of those said to be african-american. does this sort of thing matter? i think it will matter to people of certain community, matter on staten island. i don't think anything much of this is going to matter to certain crowds except this guy choked our guy until he was dead and that's wrong. >> we don't know what kind of presentation the government made. in ferguson, the government presented excull paer to evidence. >> we don't know how hard the d.a. tried. >> correct. we know if the d.a. wanted an indictment he would have gotten one. >> and could because the indictment you can indict a ham sandwich remains. give as much or little information as you want to the grand jury. no exculpatory evidence on and that's within the rule of law. >> the defendant has the right

to testify. the only reason i disagree a bit, the video. they could see it. they don't have to rely on anyone else's eyeballs they can use their eyes. >> continuing coverage of this and the rest of the day's news coming up on fox news channel. account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement. that's why when the time came he counted on merrill edge to streamline his investing and help him plan for the road ahead. that's the power of streamlined connections. that's merrill edge and bank of america. if yand you're talking toevere rheumyour rheumatologiste me,

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continuing coverage of the choke hold case on new york's staten island. the mayor of new york city, bill de blasio announced he will hold a press briefing this afternoon and we'll have coverage of that. we're watching in staten island outside the courthouse where

this happened, hoping for some of the players to make statements. we're told that a self-professed civil rights leader will be out with the family of the person who died in this case coming up this afternoon as well. we'll have coverage as news warrants. police say a killer stabbed and slashed an american kindergarten teacher in the rest room of a mall and the description of the suspect could match millions of peel around the world. this happened in abu dhabi the oil rich capital of the united arab emirates. police released video showing the killer dressed head to toe in a traditional arabic robe. a look so common there nobody thought twice about the veil covering the killer's face or the gloves that kept the crime scene clean of fingerprints. the video shows the killer taking an elevator to the shopping mall. the suspect, this kindergarten teacher walks up to a guard and says something before heading to the bathroom and where the police say the suspect murdered the american teacher also the mother of 11-year-old twins.

detectives are trying to identify the motive and whether the killer is even a woman. but the case has raised a troubling question now. how do you do a -- how do you i.d. a killer who can blend right into the crowd? leah gabriel is here. what do we know from that video? >> you mentioned that police right now are trying to figure out if the killer is even a man or woman. the video shows several people, including the person, the security guard, that shep mentioned, speaking with the suspect. now abu dhabi police released the video. witnesses saw the american woman and the suspect fighting inside the rest room before the stabbing. now in the video you can see people running out of the rest room, one woman in a white jacket seems to confront the suspect and try to flag down help. you see the suspect get on the elevator and then disappear as the doors close. one person runs to try to stop it. but just too late. the video also shows the suspect entered the mall about an hour

and 20 minutes before the killing, shep, the same entrance they came into and this mall is one known for attracting expatriates. >> lots of americans in that area. i understand there had been some kidnapper about americans there recently, right? >> that's right. the u.s. embassy in abu dhabi released a security message about a month and a half prior to this, warns in part of, quote, a recent anonymous posting on a sdwree haddist website that encouraged attacks against teachers at american schools in the middle east. a states department spokesperson urged caution about connecting this message with what happened at the mall. >> the u.s. embassy is working with authorities to seek further information in this situation and shouldn't jump to any conclusions. we don't have all the facts here yet. >> reporter: and the state department also released a message today urging people in the area to be aware of their personal security. >> all right. leah, thank you. are we buddies with iran now? the u.s. could have a strange partner in the fight against the islamic state. the united states hasn't had

diplomatic ties with the iranians in more than 30 years. how is this supposed to work? if the enemy of our enemy is our friend, then are we all -- are we all like that with iran now? really? here's some news you may find surprising.

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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. the united states appears to have a new controversial quasi partner in the fight against the islamic state. yeah, iran. the pentagon officials say they believe iran bombed islamic state forces in iraq. this is the first time u.s. officials have confirmed that iran's air force has carried out its own air strikes. america bombs isis, iran bombs isis. same target, iran's air force, united states air force. so are -- it's complicated. the united states military now finds itself in the awkward position of fighting on the same side as iran and syria's assad

regime. obama administration officials say they are not actively coordinating with iran on air strikes, which is maybe to say like the presidential candidates don't actively, you know, talk with their super pack maybe? not everybody in washington agrees iran's involvement is a very good thing. secretary of state john kerry says that any iranian military action against isis who be positive. >> nothing has changed in our fundamental policy of not coordinating our military activity or other activities at this moment with iranians. we're not doing that. and we are not -- not only not coordinating militarily right now but there are no plans at this time to coordinate militarily. i think it's self-evident that if iran is taking on isil in some particular place, and it's confined to taking on isil and it has an impact it's going to be a net effect as positive.

>> secretary kerry made those net effect positive comments today in brussels at the first meeting of foreign ministers from the coalition fighting the islamic state. pentagon officials say they believe iran used u.s. made jets in the ait tack, so not only do the iranian air force strike isis as we're striking isis they did it in our jets. f-4 phantoms like this one. officials say the bombing raids hit target nears a 25 mile buffer zone that iran has declared along its border. "the new york times" cites an iranian official or series of officials actually who say that the jets flew over and around those two cities in iraq just beyond the buffer zone. but experts warn this does not mean the iranians are interested in cooperating directly with the united states even though they are fighting the same enemy and have some of the same allies. jennifer griffin has the confusing news from the pentagon this afternoon. getting it all out and having it make sense it's hard to make sense we're fighting sort of

kind with assad and iran. it's just weird. >> it doesn't make sense, shep. publicly the u.s. military is not confirming that there are iranian aircraft over iraq targeting isis, but privately we are told that they have seen these iranian f-4 phantom aircraft strike in eastern iraq. this is not an area where u.s. or coalition aircraft are flying but it is ironic u.s. and iranian planes are now sharing the same iraqi air space. here's the pentagon press secretary rear admiral john kirby. >> we have no indication that the reports are not true, that iranian aircraft have conducted air strikes in the last several days against isil targets in eastern iraq. >> the iraqi government has responsibility for deconflicting their air space so, of course, we have visibility to some extent, to a larger extent what's happening there, but it's up to the iran government to

speak about this issue. >> the state department and pentagon have had a hard time explaining this development but we it it ter rated the u.s. air force does not coordinate with iran. >> secretary kerry also met with the iraqi prime minister in this case. how did that go? >> well, this is the first meeting at nato headquarters to discuss isis, almost one year after the islamic state militants crossed into iraq. 60 countries were present and while they admitted a slow start in organizing a response to isis, today iraq's new prime minister asked for nato's help, a formal request to improve iraq's military, secretary of state john kerry met with the new prime minister, ironically where he was asked about iran carrying out the air strikes in iraq. kerry said the coalition's 1,000 plus air strikes have left the isis fighters, quote, exposed. >> jennifer griffin at the pentagon, thanks very much. joining us is a man who's been there and done that in the fight against terrorism, p.j. crowley,

professor of practice at george washington university, good of you to stay. >> hello. >> we're fighting with the iranians and assad, this is fun. >> we're not fighting with the iranians and not fighting with ass assad. the united states has narrowed shared interests but we're not allies of either iran or an assad-led syrian government. let me use an analogy. russia and the united states have a common interest in seeing that iran does not become a nuclear power. no one would call russia and the united states allies today. >> all right. that's fair. if -- what do we do going forward if there are problems? whose side do we take if this conflict -- what i'm saying, if conflicts broaden. it's a complicated mix whether we're allies or working directly with them or not. it's still a little messed up. >> let me say one more thing, the f-4s you allude to were american made. they're vietnam vintage

aircraft. >> yeah. >> they were sold by the united states to the shah's air force, no knot to the ayatollah's air force. >> our weapons are fighting all the wars, it's fun. >> but in iran, in iraq, there is a common interest. in iran in this case appears to believe that islamic state was getting too close to its border, and iran believes that there are holy sites within iraq that are very important to iran and they would attack the islamic state as a result. but we're on a different side with iran when it comes to syria. obviously iran is doing everything it can to protect the assad government. the united states wants to see, you know, the assad government go away. you know, so there are shared -- there are overlapping interests, but as you saw in this meeting in brussels today, the one foreign minister that wasn't there was the iranian foreign minister not part of this coalition. >> pj crowley, good to see you again, thank you. >> any time, shep. >> we went quickly because a lot going on. president obama's next defense secretary will face a major

challenges, militarily overseas. we'll talk about that with the former secretary of defense himself william cohen on the fox news deck. and just in to the fox news deck, new york, city mayor bill de blasio canceled his appearance tonight at the lighting of the christmas tree at rockefeller center. i think some at nbc call it the commerce tree. the mayor will not be there. he will be in staten island after the grand jury there decided not to indict the nypd officer in the death of eric garner. new york city mayor bill de blasio set to meet with elected officials, clergy members and activists there. there are no tanks set up on the streets, there are no cops in riot gear, no widespread protests and everybody seems to be taking calm actions. that's the spot where the death happened on staten island. continuing coverage of the grand jury decision and whatever may happen ahead from the fox news deck. i've always loved exploring and looking for something better.

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police confirm two children and an adult died after two school busses crashed into each other in knoxville, tennessee, yesterday. the news was breaking during this hour. cops say one bus made a sharp turn, crossed over the median before it hit the other bus before it flipped on its side. one-fifth grader said the crash sent kids flying out of their seats. more than two dozen people reported hurt. a helicopter broke apart in the air and slammed into the roof of a building and killed two people. that's according nd a witness north of salt lake city. the feds say they're investigating. and police say a guy snatched a bag holding more than a quarter million dollars in cash from a bank in china. but it was too heavy to load on to his motorcycle. video shows him trying and failing to lift that bag which reportedly weigh mod are than 180 pounds. cops say they caught him a few minutes later. moral of the story hit the gym

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24 minutes before the hour. president obama's next defense secretary will have to deal with a plate full of stuff from fighting the islamic state in iraq and syria, to russia's meddling and worse in ukraine and new violence in israel. and that's just the starter. william cohen served as secretary of defense for four years under president bill clinton and is live with us now from our washington studios. nice to see you again. thank you. >> good to be with you. >> ever seen a tougher lanz scape? >> i really haven't in my years. this is probably the most complicated geopolitical landscape i've ever seen and a very dangerous one, given all that's going on, certainly in the middle east, also in iraq and syria and elsewhere, not to mention the shift in power over in the asia-pacific region, so a lot going on. >> where do you start? >> well, the first thing i think is assuming he's confirmed, i believe that we'll see ash

carter confirmed quickly, the first thing he has to do is make the case to president obama and to congress to eliminate sequestration. sequestration across-the-board cuts has had a pretty devastating impact upon the military and its capability and readiness. i would start there by saying, let's get strong, again, to make sure we're going to make these kind of commitments overseas we have the capacity to carry them out. i would make sure that he goes to the hill and really presents the case for bipartisan support of a foreign policy that he can articulate. now this is a security policy, i should say. this comes back to him making the case to the president of the united states. we will have four secretaries of defense in six years. almost unheard of in our history. by the way, two of those prior secretaries of defense have written books with portions of those books very critical of the white house. if you go back and read secretary gates' book, he thought about quitting on several occasions because of the

micro managing taking place in the white house, because the kind of recommendations coming from him and chairman mullen and others, was being disregarded. so i think that ash carter is going to have to represent, obviously, the military and the sense of being the civilian head in the pentagon, he's got to be able to persuade the president that if you're going to have this particular mission, it requires these requirements. if you can't support them, then we're really going to escalate the seriousness of the situation and the risk of failure. >> makes perfect sense. secretary cohen, which we had more time. great to see you, thank you. >> okay. >> i wanted to get this in too. it's important. we got one hell of a surprise here today when about, i don't know, an hour and 15 minutes ago, we heard our long-time white house correspondent wendell goler is retiring. and that this is the last hour of his work day. in the last hour of this job. be were hanging out on the deck getting ready for the day's program when the white house press secretary josh earnest

said this. >> wendell, before you ask your question, i understand today is a bit of a historic day. >> i don't know that it's historic. >> after 28 years of service i understand this is your last day at the white house, and so your 28 years has been characterized by a lot of professionalism and dedication to your field and that's something that we both appreciate and will miss after your departure. >> thank you very much. [ applause ] >> back to our jobs. >> let's get back to business. >> chris jansings to his left and major garret, to his right. you see all the smiles. everybody loves wendell goler, the senior white house foreign affairs correspondent at fox, been with us since enough was a kitten and she is close to death. started in 1996 when the network was just launching and before that worked for the associated press. he's covered just about every important story from d.c. and beyond. i think he's been at the white

house longer than i've been in journalism. wendell goler is live with us from the white house. how do you keep a secret so well? >> i had some help from the business folks, shep, and, you know, it's been a hell of a ride. >> i hear you're headed to the caribbean. what will you miss and what are you glad to be rid of? >> well, you know this job has its ups and downs. you know it has difficulties. i think i'm a dinosaur here, shephe shepherd. i think that the business has changed a bit. i think i saw a golden age of broadcasting and kind of lived through it and it's time for me to go where dinosaurs go and i hear there are a bunch in punta canna. this is not my last hour. i think bret baier would be upset if i don't show up on "special report" this evening. i have one more in me. >> one thing i'm sure of that has not changed, not changed one bit, and that is that you're

supposed to find out what's going on and tell people about it, regardless of what you think about it. i think that the administrations of this white house, of the george w. bush white house, the clinton white house, of all the white houses you have covered would say just as josh earnest the democratic press secretary said, you sold it straight, you sold it straight every day. it's not an easy thing to do. they will twist you. >> well you're very kind, shepherd. i've always tried to sell it straight. i've been doing this since ronald reagan was president. i'm very grateful for the ride. it's just an incredible thing to be witness to history, to be witness to great people doing great things, and i've seen some. and it's also a tremendous honor to be able to relay that to the american people. and that's been a great joy for me, shepard. >> sarah courtney, are you kidding me? wendell goler today is your last day at the white house? you didn't tell anyone until today. no no no. ed henry, best wishes to wendell

goler in retirement with lots of golf. mark knoller writes wendell goler and i go back to our days at ap radiop. he's a great reporter, friend and colleague. the white house press corps is poorer for his departure. major garpts at cbs, to those asking, @wendell goler has made it no, he is retiring effective today as ever he lives and exits on his own terms with modesty and with style. you are the man, wendell goler, that white house will miss you. we on the fox news deck will miss you. i'm happy for you. punta canna, you go. >> shepard, thank you so much. >> we'll look for you tonight on "special report." one of the great ones. i don't know how he keeps secrets, though. we're supposed to be journalists around here. what is wrong with you people? why didn't anybody know? no response. not unusual to get no response. the dow is doing crazy things today. that will be part of the rest of our coverage. can you believe we're close to 18,000. when they tell you everything is

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the makers of takata airbags, takata, say they will not issue a nationwide recall across america even though investigators say the airbags have exploded and sent shards of metal into the faces of drivers and passengers and people have died. executives at takata said a national recall would affect another 8 million cars and trucks in the united states and so far, automakers worldwide have recalled about 14 million vehicles. investigators say the faulty airbags are responsible for dozens of injuries, the deaths of at least five people. officials at the national highway traffic safety administration or nhtsa, called takata's decision disappointing. last week the feds threatened legal action against the japanese company including fines up to $35 million. meantime during a house hearing on the faulty airbags earlier

today an executive at honda announced his company will expand its recall to all 50 states. gerri willis host of "the willis report" at 5:00 eastern time, 4:00 cen ral, disappointed. >> who's got your back? >> that's all we're getting from nhtsa. this is a government agency that's supposed to keep you and me safe from the airbags, these trashy airbags. >> not enough evidence. >> so they want a regional recall. that's not enough. if you have one of these cars, you might drive it from a low humidity area like new york to georgia or florida. this makes no sense. no logic what they're saying. i want you to hear what one of the takata officials said on the hill. >> we have confidence that those we are producing today are safe. takata continues to believe that the public safety is best served if the area of high absolute humidity remains a priority. >> so that's what they're

saying. and nhtsa is saying they're reading the comments from takata which they asked for, asked them several questions, asked for a response. they're reading that right now. in the meantime people could die, shep, while we're waiting for this agency, these government bureaucrats, to read these answers. >> what are the feds saying? >> they're saying they're disappointing. >> that's it. >> that's all we're getting right now. i called nhtsa and asked for a response to what went on in this hearing today, that's all i could get. they could fine them, take them to court, a lot that could be done. we're not seeing it yet. it's outrageous. >> we'll look for you in an hour and ten minutes on fox business. next, word an officer in charge of launching our nation's nuclear missiles took illegal drugs and tried to cover it up by dyeing her hair. we'll explain that and take a look at the dow and stuff coming up. stay with us. ♪ ah, push it. ♪ ♪ push it.

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built for business. an officer in charge of launching nuclear missiles in the united states dyed her hair to try to hide the fact that he used drugs. the officer faces drug and obstruction of justice charges. she's a second lieutenant at at the air force base in montana. the spokesman said that the officer apparently dyed her to change the result of hair tests that were drug tests that were done on hair. so far no comments from her. we reported earlier on a slew of embarrassing problems that our nation's nuclear arsenal. problems like dozen of service-members cheating on exams and crews having only one wrench to attach warheads. trace gallagher is live this afternoon. tell us more about the second lieutenant. >> the second lieutenant's name is nicole.

so far the air force hasn't released a picture. we know she's trained to operate the minute man three missile. it has a nuclear warhead attached which is ready to go at any moment that's why they have to be ready and on their toe at all times. the station is manned 24/7. as for her trying to fool the drug test with the hair dye, experts say it's highly unlikely to work because the drug will stay in the hair follicle for up to 90 days. . she? >> and the cheating scandal lead to the drug investigation? >> that's right. it began at the edwards air force base here in california, which we know is famous for the shuttle landings and test flights. it turns out two officers, the air force said were testing 11 different officers from air force bases around the country with specific information about certain drugs. when the air force checked out the phones of those 11 officers, they found three of them not

only talked about drugs but also talked about the answers to those proficiency tests that all the nuclear crews must take. other officers are also in trouble, shep, the second lieutenant is the first one to face the court marshall. >> thank you very much. we'll be right back with news from the dow. so,as my personal financial psychic,

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demanding they turn over the thousands of cases of jamison and blackjack. the robbers loaded the alcohol in two giant trucks, tied off the workers and took off. police say they're searching for the gang. the alcohol, apparently, worth, on paper $1 million. on this day in 1979, the last amc rolled off the assembly line. the american motors corporation unveiled it just four years earlier calling it the car of the future. the survey voted the pacer the worst car of all time. the giant hatchback was like a fish bowl. wayne and garth thought it was excellent in wayne's world. breaking news changes everything on fox news channel. the dow having a heck of a day. we're up 33.

on track to 18,000. can you imagine? i don't know if we'll get there or not. they had a nice day today. we'll watch things here in new york city on the heels of the lack of indictment as we turn things over to your world. neil cavuto. all right. the big apple, the wait, the fear. again, really? you're looking live at staten island, new york. we're expecting a news conference this very hour from the city's mayor bill de blasio. after a new york city was just cleared of the choke hold death of eric garner. the officer, his wiwas white, t victim black. sadly you know the drill. as you might expect, the incident is already drawing comparisons to the shooting death of michael brown in ferguson, missouri. the big difference this theme racial. we saw huge protests there now worried we could be seeing the