and nelson thinks huckabee will come out on top saying he acts presidential and is the only candidate you can trust. thanks so much for writing and watching tonight. and thanks for being part of the real story. i'm gretchen carlson. here's shep. tonight is the night they debate again, republican on republican at the reagan library. just about everybody is predicting now that donald trump will make -- be more of a target than he's ever been before. ahead, the possible strategy for donald trump and some of the other big name candidates including carly fiorina and ben carson. thousands of families trying to escape war and finding themselves in a new fight. tonight, they're facing police who are using water cannons and tear gas to stop those families from getting into the country. we'll take you to a border crossing where the global migrant crisis is coming to a boil. russia to the aid of syria? seems the russians are building an operating base in syria, and there is new word about the number of moderate syrian rebels we have been training.

let's get to it. now, "shepard smith reporting" live from the news desk. the white house is currently on lockdown. but as of right now, i can't tell you exactly why. our white house producers say they have seen nothing that appears to be wrong. but there is a lockdown. and we're following this closely. our people are there. they're trying to figure out what the reason is. of course, at the white house, they get all kinds of weird scares all the time, most of the time -- in fact, most all of the time they amount to nothing, but it is important to let you know at least the white house is on lockdown. our people are there and when we know what this is all about, we'll let you know. round two for the republicans just hours away. 11 candidates making the cut for tonight's main event. the big change from last time, carly fiorina moves up to primetime. she'll be on the same stage as donald trump for the first time since he claimed he was not talking about her face when he told "rolling stone", look at

that face. he insists he was talking about her persona. he did not say look at that persona. he said look at that face. we have seen some changes in the standings since the last debate. the big wall here, the latest real clear clipolitics.com, tru 30%, ben carson 20%, and everybody else in mediocrity. here is how the numbers have changed since the first debate. trump is up six points. dr. ben carson, biggest gain, 14 points. then there is the establishment folks, jeb bush and scott walker, falling the most. they're now in single digits. of course, for all the candidates, tonight is a chance to improve on those numbers. the debate is happening at the reagan library in the building that houses documents from ronald reagan's presidency. the backdrop to the stage is a decommissioned air force one airplane. i should say jet. look for all of the candidates to try to claim the reagan mantle tonight. carl cameron is live in simi

valley. this could go on for up to three hours. the candidates have said what their strategies are. >> reporter: they're going to use that time and be patient. there is an impetus for some of the candidates, rand paul for instance, who thinks donald trump deserves to get both barrels to come out blasting. over the course of three hours, there is a lot of krg considerations. the concern is more fatigue. after taking questions and in some cases waiting to be asked questions for a couple of hours, getting over eager to lead to getting sloppy or saying something inaccurate or inappropriate and there are candidates in this race who have been known to do that in the past. so part of it is pacing themselves for what is likely to be a marathon appearance under the lights and for all 11 of them, they are going to be very, very close. this particular set tonight, you're looking at the fox debate, they were spread out compared to what is going to happen today, putting 11 people on the stage means literally elbow to elbow and despite all the promises they'll go after, donald trump for lack of specificity, for not being a

conservative, for being rude in some cases, whether or not they do that when they're so close sort of remains to be seen. we have been given to believe that the moderators will pit some candidates against one another on policy or anything else. it could be feisty, but trying to hold it together for three hours under the lights could be challenging in and of itself. >> i wonder, though, how trump and carson are going to handle each other. that dynamic seems to be changing. >> yeah. ben carson is a soft spoken, world refound in you're neurosu and trump questioned his commitment to pro-life politics, having supported choice in the past. ben carson doesn't like to throw back. he did a question donald trump's faith at one point in the last couple of weeks and immediately apologized for it, said he meant no offense. that gave donald trump the opening he wanted to go after

ben carson aggressively. there has been name calling. as you pointed out, it is coursen who has the biggest bounce since the last debate. he's the one that evangelicals in iowa are looking at. he's the one now surged in the polls in new hampshire to a is it statistical tie as well. donald frum rtrump ran a few ye back and carly fiorina ascended, she continues to go after trump with a tremendous amount of efficiency, using trump's own words against her in the case of the back face remark and considered to be one of the most potent critics of hillary clinton. the other eight professional politicians with experience and records and having been elected before, they all need to do something to show that they're viable, they're plausible, they got comeback skills because even though we're still four and a half, five months away from all of this, some of them look like they're dead man walking unless they get momentum going pretty quickly. already lost rick perry and we know that the size of the debate

roster is going to winnow after tonight. the idea is by republican national committee wants to have it sort of shrunk to as few as six or seven candidates by the time the voting starts and the debates continue. >> continues tonight, carl cameron, thanks for the ugly wall over his right shoulder. you should do something about that. nice to see you. let's get more on this now. jake townsend, political debate coach, republican campaign manager and worked with some democrats. i wonder what -- i want to go through a few of them. >> sure. >> big picture. what can dr. carson do to get some separation? >> dr. carson has a line that ed headed straight toward it. the evangelical vote. trump has a few of those people now. but so does mike huckabee. he needs to run in that lane until he's solidified his position as the front-runner among the evangelicals because he'll need that to win iowa. there after he can branch out. but he doesn't quite have it all together. he needs to put that to bed this

evening. >> and attracting the evangelicals, they have a certain story line that they want to follow, but they're as concerned about the regular issues as anybody else. >> they are. but he has certain credentials he needs to repeat tonight. there is another way to get at the evangelicals. we're about to be -- have a refugee problem in the united states because it is all over europe, it is only a matter of time before it reaches here. the christian view of this is let's help them, let's be generous toward people in need. i would expect that he'll have something to say about that this evening. >> jeb bush's numbers keep going down. he has all the money and all the backing and all the donors. how does he get some numbers. >> he needs to wake up and we need to see some authentic passion out of this guy. he sounds like a scripted politician and that has been his downfall. i want to know what he really thinks and what he really believes. he's been hiding it. so if he disagrees with trump on

immigration, go mix it up with him, let's see what you really think. >> are these guys scared of him? i think news people are scared of him, yeah? i think people don't like being talked bad about, and somebody with a bully pulpit, you don't want to rattle the lion's cage. i wonder if some are scared of donald trump. >> there is a way to get at donald trump without acting like the third grader that he sometimes acts like. you can get underneath his skin, wind him up and let him spout off steam. >> self-destruct. >> exactly. you don't want to get in his way when he does that. for crying out loud, you're dealing with the bully, if you are afraid to deal with the bully, you look like a coward yourself. >> does the bully run risk tonight? >> yes, he does. >> by that i mean donald trump. >> here is the risk for him. he's now the front-runner. he's been a front-runner since the last debate. people are going to be looking at him in a different context tonight. ie i'm looking at a guy who has been a front-runner for a month.

this guy may some day sit in the oval office. if he engages in this kind of third grade name calling stuff this evening, his numbers will start to dissipate because in the back of your mind, you're looking at someone whose finger could be near a very important button some day. >> is it ever going to matter there is no substance there, we heard nothing about policy? >> let's keep in mind, if you go back four years ago, there were four different front-runners during the fall of 2011. perry, caine, santorum, and gingrich. all led by double digits. they had their fling. they were the flavor of the day. but during this time of the year, the flavor of the day doesn't remain the favorite very long. so this is a very early time to be cresting in picking up into the number one position. you'll see that tonight because everybody on that stage, other than trump, would like to drive the stake through his heart this evening, they really would like

him to go away, and they're all going to be interested in making sure that he trips tonight. >> good to talk to you. thank you. >> thank you, sir. >> appreciate it. you have to watch the debate on cnn because cnn has the debate. the moment it is over, the very moment, when they're giving this -- just change the channel, come back here, because we're going to be here. o'reilly will be live first. and then meghae megyn live afte and then hannity. we can go all night long. analysis is what we do. fox news channel will be up late and maybe ornery. i like when they're ornery. i'll be watching with you from home. should be a good show. a new national poll is showing some trouble for secretary clinton as bernie sanders makes a strong surge. we'll look at the numbers for team clinton and the sanders campaign. plus, some very interesting results about how people want joe biden to jump in the race. and why the vice president is calling trump's message sick. that's still ahead. debate day in the usa.

we'll call it analysis day. that's what we do best and that's what we'll do tonight. ♪my milkface is an elevated state.♪ ♪cinnamon is my soul mate. ♪no debate 'cause it tastes so great.♪ ♪that's why i got milk face. ♪la-la-la-la-la.

bernie sanders cut hillary clinton's lead in half with democratic voters nationwide. that according to a new poll. secretary clinton still ahead by double digits, leads in almost every category and almost every place, but her lead has dropped by 20 points since last month. the poll also shows most

democratic voters say they could still change their mind. and close to 60% say they would like to see whether joe biden gets into the race. of course, the vice president not yet a candidate, so nobody is really campaigning against him. but he just came out swinging at donald trump. over the republican front-runner's comments on immigration. >> this will pass. to trump and that stuff your hearing on your other team, and not just -- this isn't about democrat and republican, it is about a sick message, this message has been tried on america many times before. we always, always, always, always, always overcome it. >> so far we have not seen a response from trump, which for now at least is a first. ed henry on the news desk with us this afternoon. more tough polls for secretary clinton. she's starting to fight back it looks like. >> she is. here's why. you mentioned a big majority saying they want to maybe see joe biden get in here. democrats looking potentially for alternatives in the cbs

news/new york times poll saying they're uneasy about clinton as a front-runner. look at this number, on the question of honest and trustworthy, only 32% say yes, she's honest and trustworthy. 62% say no. i know down in ole miss they say defense is a good offense. so she has a campaign video out today mocking donald trump and the rest of the republican field. watch. >> previously on presidential candidate apresent apprentice. >> you're fired. >> 17 republicans battle for attention. >> machine gun. >> now the contestants are on a race to the far right. >> i for one don't think planned parenthood ought to get a penny. >> there may be a war. >> what her campaign believes is, you see it in the message in that video, it is not just about taking on donald trump, she's looking forward to saying, the entire field, perhaps because of trump, has moved to the right and in a general election, if she survives all the battles, she's looking forward to facing

whoever emerges. >> it appears whoever -- it appears that the bottom out moment, the i'm sorry moment, has led to democrat looking at this e-mail controversy and realizing there is no scandal here and starting to really have her back on it. >> saying enough is enough here. in part because you had republican senator john cornyn yesterday saying that he believes a special counsel needs to be named because believes the fbi controlled bit obama justice department is not necessarily going to do a fair job. listen. >> she's now amended her statement saying she sent no documents designated as classified, that really doesn't answer the question. that evades it. >> feinstein, what she had to say is hillary clinton already voluntarily agreed to testify in october before the benghazi committee. instead of wasting more taxpayer dollars, the process is in place to review and release secretary clinton's e-mails which she welcomed, and should be allowed to continue. calls for a special counsel purely political and unnecessary.

that from dianne feinstein. interesting as well, president obama decided to jump in, making comments about congress and potential government shutdown today and he said, you know what, america's already great. it could be better, but it is already great. that was obviously a mention of donald trump saying we need to make america great. >> good to finally hear that. america is great. isn't it? >> sure is. >> yes, it is. >> nice to have you in new york. migrants who ran from war and terrorism in iraq and syria are encountering more violence now in europe. fighting at the hungary border today as police use tear gas and water cannons on hundreds of migrants who broke through a razor wire fence there. at least two children are hurt. we're live on scene coming up next.

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update on the lockdown at the white house. i reported on this at the top of the hour. our producers at the white house now report it is all because somebody found a bag, an unattended bag in a park near the white house. in a park near the white house. bags do not have gearshifts. in a park. still no word on whether there is any sort of threat, we don't think so. this sort of thing frankly happens all the time. the president is not at the white house now and our producers there are tracking this with more details. but sounds like an unattended bag that made people err on the side of caution and who wouldn't. violent clashes along a border crossing in seerbia as hundreds of migrants try to push their way into hungary through barbed wire fences. hungarian police firing tear gas, water can nonons aninto la crowds.

the united nations chief ban ki-moon said he was shocked by hungary's use of force against the refugees, saying that is not acceptable. officials there started installing large wire fences yesterday. it is now illegal for anybody to try to get through it. cops have alrea thrown a bunch of people in jail and some dramatic images from this really very sad new way of life overseas. you can see men with their faces covered with scars, trying to make their way through thick clouds of tear gas on scene. here some migrants charge towards hungarian police, throwing rocks and bottles at them. one iraqi refugee said, we fled wars and violence and did not expect brutality and inhumane treatment in europe. the next slide you can see people held up signs that read, open the door and help. here you can see this mother, well -- here you can see the mother holding a child, baby, at a makeshift camp set up between syeseer

serbia and hungary. some held up their children begging them to let them cross. and thousands upon thousands of refugees from the middle east and north africa risking their lives by land and sea, traveling thousands of miles in hopes of finding a better life for their families and themselves in europe. greg is live near the border. >> reporter: we're just back from the scene of that amazing clash along the border. we can confirm to you the amount of firepower that was used by hungary, by security forces. we saw lines of riot police, armored vehicles, military transports, helicopters. we just heard on state television that -- 29 migrants were detained and quote/unquote one terrorist. we have no confirmation of that. there are multiple reports of women and children being caught up in all of this. we can tell you we have been hearing the frustration from the refugees from the last couple of

days about being penned up there. that's not the only way hungary was cracking down on refugees and migrants today. take a look at what we saw. >> you're looking at an example of zero tolerance by hungarian officials. these three migrants have gotten through the border from serbia to hungary, now described as illegal aliens by the authorities here. they're now being held, possibly detained, to be taken away by the police. now it is not just young men getting stopped. we found an extended family from one of the toughest areas of afghanistan, young and old, men and women, we talked to one of the fathers in the group. he said, hey, i survived the taliban. i survived isis. now i'm nabbed by some cops. hungary is trying to wrestle with this crisis, there are also indications it is kicking the problem down the road or down the border. we saw migrants walking in the direction of next door croatia. that is apparently now the

preferred pathway to get to the preferred destination of germany. it is not clear, shep, whether croatia or any other country will be any more welcoming. back to you. >> greg palkot on the border, thanks. five days ago our nation remembered the attacks of 9/11. ceremonies across the country. lawmakers waving flags. politicians giving speeches. but now it is time to put their money where their mouths are. the 9/11 help and compensation act, which provides health care for sick first responders, is about to expire. the bill is not scheduled to go to the house or senate floor. but will congress leave these men and women behind? these men and women who went to the top of the pile in new york city to try against all odds to save people and have become sick and in many cases are dying as a result. do we leave them? or do we give them health care? can you believe we're asking this question in america in 2015? we are. will you press our leaders?

senator kirsten gillibrand will be here next.

fox report now. police in texas say they will not charge a 14-year-old muslim student for bringing what they called a suspicious clock to his high school. clock. happened in irving, outside dallas, texas. teachers say they call the cops because they thought it looked like a bomb. the student, a guy named ahmed muhammad, claims police arrested, handcuffed and interrogated him. the police weighed in on twitter writing, cool clock, ahmed. want to bring it to the white house? we should inspire more kids like you to science. it is what makes america great. a facebook co-founder mark zuckerberg said he too would like to get together with ahmed, writing in part, i quote, having the skill and ambition to build something cool should lead to applause, not arrest. the future belongs to people like you, ahmed. and ahmed, if you ever want to come by facebook, i'd love to

keep -- to meet you. keep building. interesting. more news next.

they were the heroes in the aftermath of 9/11. they ran toward the twin towers when everybody else was running away. now thousands of 9/11 first responders with cancer and other serious health problems could lose their medicalbenefits. the 9/11 health bill is set to expire in two weeks. threatening billions of dollars in health care funding. it is a story we covered really fairly extensively leading up to the bill's passage five years ago. today, the former daily show host jon stewart and first responders met with lawmakers on capitol hill. jon stewart pushed congress to pass the bill back in 2010. now he's calling for lawmakers to extend the measure. >> there are a lot of congressional doors that are closed because of those individuals do not want to be shamed publicly. well, guess what. if you don't sign on to this type of thing, it has to be

known. and your reasons for it have to be spoken out loud, and out in public. these men and women deserve nothing less. >> jon stewart, more than 33,000 first responders and survivors say they have gotten sick. think of that. 33,000 sickened from toxic chemicals at ground zero. the centers for disease control and prevention reports more than 700 others have died from their illnesses. the new york democratic senator kirsten gillibrand is one of the leaders pushing to extend the measure. thank you. >> thank you. >> where is the process and why is no one listening? >> you know, washington is often a lot of apathy. they need to understand there is a real sense of urgency with this bill. the health care component of the bill is expiring at the end of the month. and you have thousands of first responders who are very, very ill, more than 4,000 who have cancer. and if they have notice saying your doctor is no longer going to be available or your

medications will run out, or you'll have no coverage, that will be devastating for them. so we have to make sure in their gravest time of need we stand by them. >> what is the solution? how does it go forward? >> the bill that we have today is a bipartisan bill, it is a permanent bill. it will make sure the health care and compensation runs throughout the lives of these first responders. and these are heroes. you covered this so extraordinarily, not just the days and weeks after 9/11, but when we were trying to pass the first bill. these are about our heroes. these are the ones who raced up the towers when everybody else was coming down and they stayed on that pile first looking for survivors, but then doing the horrible cleanup of finding remains. and we need to be with them when they are so still and literally dying of horrible diseases that they have because of the toxins that were released at ground zero. >> i don't know anybody who would argue with that. what i don't understand is, maybe you can help our viewers understand, if this is a difficult process, why didn't everybody just rubber stamp this

and send it right through? >> they should have. >> but why didn't they? >> there is too many people in washington who want to cut spending, cut numbers, they treat this as an esoteric issue and they want it to be five years and not permanent and spend less money. you can't tell a cancer patient, we're only going to fund half your medication or only half your treatment. you have to actually help them and help them survive and pay for their health care. and i just find the callousness and lack of empathy that is typical here. and i think the fact the first responders came again to washington, stood up to -- met with many and is making a difference. >> is there anyone pushing back against this, senator or member of congress specifically? >> they don't -- they don't do so overtly, but there is a lot of people who aren't co-sponsoring the bill. a lot of people wouldn't take meetings with first responders. it is the lack of action that is -- as being against it. >> what can people do from home?

>> they should call their congress members and senators and anyone they know. these first responders came here on their own dime they don't have fancy lobbyists, they have just themselves and shouldn't have to come to washington to be heard. so what the rest of great new yorkers and the rest of your audience can do is call their senators, call their house members, and ask them where they stand and i hope tonight in the big debate they ask the same question, are presidential candidates should be standing with first responders. it is a measure of who you are and your values. it is a moral obligation you said so many times on your show, this is a measure of who we are as americans and we should stand by first responders in the same way that we stand by our veterans. >> senator, do the people who answer your e-mails and your phone calls, do they let you know what your constituents are saying? do you get word of the phone calls? or is this a waste of our collective time? >> i absolutely get word for who calls, what they call about, i get a report every week about what the issue is that people care about. your calls will not go to waste. your senators and congress

members will hear your opinions. and write letters to the editor. write a blog. whatever makes you feel comfort, but please be heard on this issue because frankly nothing ever works in washington unless regular people stand up and demand action. >> that's for sure. senator gillibrand, so good to see you. thank you good luck on this. >> thank you. i re really appreciate you. >> same here. if you feel strongly about this one way or the other, if you feel like people who are on top of the pile and tried to save lives that were already lost, and got sick as a result of it, got cancer or whatever else, they need long-term care, if you feel like we deserve -- we should be compelled to give it to them, call your representative. have you ever called a representative? feel strongly about this, give them a call. maybe it will mackke a differen. i don't really know. senator gillibrand says it will. i don't know. the u.s. led fight against isis has very little to show for itself. that's the word out of russia today. in a statement, the foreign ministry in moscow , the russian

foreign ministry, says our coalition looks very modest. this comes as a pentagon commander testifying before congress today says what we have been reporting is wrong. see, we have been reporting that there are no trained rebel fighters, no moderate syrians still out there from our program. he says the plan to train syrian rebels in the fight against isis will come up short of expectations. >> certainly won't at the pace we're going we won't reach the goal that we had initially established for us. >> we won't reach the goal. no, that's sort of an understatement. the pentagon now reports it spent more than $42 million, $42 million to train 54 rebels in the first year. good job, pentagon. $42 million it trains. 54 people. that sounds spectacular. especially if it works. we reported a few days ago that all of those 54 are gone and

that all that money is flushed do the toilet. that all of those moderate rebels are either killed or captured or quit. the commander reports on that matter we're wrong. totally wrong. they're actually four or five syrian rebels still in action. four or five moderate syrian rebels remain to fight against the 50,000 or so isis members. so four or five, for 54 -- for $48 million. there you go. meantime, the syrian leader, bashar al assad, is weighing in on his country's role in the fight against terrorism. in a rare tv interview with russian media, the dictator there urged all sides to join together to take on isis. bashar al assad, who killed hundreds of thousands of his own people, including attacks with barrel bombs. the pentagon reports russia is continuing its troop and weapons buildup in syria. the russians are building what appears to be a sort of forward operating base in the western part of syria. analysts say it looks to them like the obama administration has been blind sided by vladimir putin again.

today, the secretary of state john kerry said u.s. officials are trying to figure out what to do about assad and putin. officials say secretary kerry called his russian counterpart, not once, but three times in recent days, warning him about the military buildup. so far russia according to the analyst seems to be ignoring secretary kerry's calls. a forward operating base for the russians and syria, sounds like russia is bringing more and more of its military equipment forward every day. >> that's right. today, the latest from a u.s. official is that satellite imagery is showing there are four russian helicopter gunships sitting on a tarmac of a syrian air base on the mediterranean. you mentioned that hearing that happened on the hill today, well, listen to how republican senator john mccain grilled centcom's commander. >> we had had, quote, setbacks and the chairman of joint chiefs of staff said it stalemated and you think everything is going well as pursuing the strategy and tactics on the ground that we are.

general, i respectfully disagree. i respectfully fundamentally disagree. >> the white house did respond to some criticism. here is what a spokesman said about a program to train syrian rebels. >> it is true we found this to be a difficult challenge. but it is also true that many of our critics had proposed this specific option as essentially the cure all for all of the policy challenges that we're facing in syria right now. that is not something this administration ever believed. but it is something that our critics will have to answer for. >> and another defense official, the hearing today, said the u.s. is looking for more ways to quickly and -- to more quickly recruit and train the syrian rebels. >> that's good. they had a couple of years. four or five of them. >> right. >> the assad -- what was the point. >> that aired today. and one of the things he said is that the terrorists must be essentially removed from his country before political solution can be achieved.

of course, when assad regime talked about terrorists, they're talking about anyone that opposes his regime. you can see from this map the area the assad regime controls, mostly in western syria now. he said the u.s. led coalition to fight isis in syria is doing no good and that isis is still expanding. >> they cannot accept the reality that we are the only power fighting isis on the ground. for them, maybe, they cooperate with the syrian army. this is like a recognition of our effectiveness in fighting. this is part of the willness blindness of the administration. >> he blamed west for the entire problem of the migrants going to europe now, the refugees. >> thank you. seconds ago we learned that searchers in utah have found a sixth person who did not survive after flash flooding ripped through a narrow canyon and overwhelmed a group of hikers. another hiker is still missing. that's according to officials at the zion national park, which is in the southern part of the state of utah. those officials say the group

had a permit to go hiking in the canyon on monday morning, before it closed because the flood warnings. and rangers say they told the hikers about the danger before they went into the canyon. that storm system that triggered the canyon flood also blamed for killing a dozen people 20 miles south of the national park in hilldale, utah. those victims were in a van and suv when flash floods carried them away. >> there goes a van. oh, my gosh. oh, dear, it went over the -- >> that's home video. all the victims were women and children. the flooding happened in a polygamist community, a polygamist sect where warren jeffs once created it and ruled over it. he's the one time cult leader who is serving life behind bars for sexually assaulting young girls. for now, the focus for search crews is back at zion national park where the water has receded a bit, but one hiker is still missing. trace gallagher live in los angeles. it sounds like they're sort of expecting more rain there, which is not going to help anybody.

>> reporter: sure. more rain, of course, means more danger so it is likely the search for the final hiker could be put on hold for a while. even if it does continue, high flood risks means that the search teams can't go deep into the canyon because once you're in, there is nowhere to hide. officially it is still being called a search and rescue. park rangers acknowledge it will soon become a recovery effort meaning there is very little hope of finding the final hiker alive. although these more experienced hikers, just to get into the narrow canyon, you had to repel 30 feet and swim through numerous pools of icy water. the very fact these hikers had experience, some wondering why they went in knowing flash flooding was possible. by the way a 6-year-old boy still missing. the search is on for him as well. a cop gives you a speeding ticket, you pay the fine or fight it, right? one guy had had some colorful thoughts about the town where he got his ticket. have you seen this online? i bet you have. he scrolled them on the payment

for. you can see it at the top. we marked out some of it because it is kind of a family program, but i'll give you some hints in just a minute. the speeder is getting the last laugh. hang tough.

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if you get a speeding ticket, you may indeed write curse words on the payment form. you may tell the people of the town they have a bad town. and you can tell them to go something themselves if you want to. that is the ruling from a federal judge, believe it or not, now an entire village and prosecutor are headed to court. over on .big wall, you'll be able to see the spot where the village is. that happens to be called liberty. it is about 100 miles north and west of new york city. a guy named willian barbosa, he got a speeding ticket three years ago. we had to blur out what he wrote, as much as i would love to tell you what it is, they would be angry with me upstairs

and not worth it to me. cops arrested him and the charges didn't stick. he said, yeah, i was speeding, but he left a little love note. now a judge ruled the arrest violated his first amendment rights saying the profanity, quote, did not convey an imminent threat and was made in the context of complaining about a government activity. she also ruled the driver can go ahead with a lawsuit, accusing the village itself of failing to properly train police officers about free speech. we reached out to officials from liberty, new york, they had no comment. fox news senior judicial analyst andrew napolitano joins us now. you know, he said i was speeding, but -- you -- you, liberty, new york, and they locked him up for it. >> they locked him up. he pleaded guilty to the speeding and pleading guilty he sent in a check for the amount of a fine. and on the form, which you just had on the screen, that accompanied the check, he wrote what he wrote.

we could put the form up on the screen, i want to point something else out -- >> it is cable. we can't get in trouble for it except people might be mad. >> if you look carefully at the very top of that screen, the name of the town is liberty. he crossed it out and wrote tyranny. now -- >> good work, sir. proud of you. >> that's important. the judge hung her hat on the hook of this was not a threat to the police. this was a political comment on the manner in which the police treated him and that is protected speech. >> now, the police are inouble doing as they were told. >> correct. the real culprit is the prosecutor, a lawyer, who ought to have known that this language is protected speech and you don't order cops to arrest a guy because the guy has criticized the government. criticism of the government is absolutely protected under the first amendment. prosecutor argued these were threatening words, and when the judge said, what act was threatened, did you feel harmed

by these words? you don't even work in the building where the form was sent to. and, look, i don't want people to go out, getting in cops' faces as a result of this. >> no. >> can you be critical of the police? yes. can you be critical of them as they're arresting you? yes. can you use four letter words in your criticism of them as they're arresting you? yes. can you threaten them? absolutely into the. this is on the other side of threat. this is on the side that says political speech, criticism of the government is protected. >> how is the town going to -- the town's up for charges. >> yes. yes, because the town hired a prosecutor who didn't know the first amendment and they're on the hook for that. how will this end? they'll pay him some money and he'll go -- he doesn't live in new york. he lives in connecticut. but this is a great decision for a freedom of speech. >> a rare one, too. >> yes, it is. it usually goes the other way.

>> blank you, new york. >> when i saw this, i said, chuck's going to love this. >> yes. good to see you, judge. >> i'll never speed through tierney, new york. we'll be right back with a mega merger that created a super brewery. >> sounds good.

we're down to one airline. soon we'll be countridown to on maker. we'll be merging budweiser and miller. when you put them together, i mean -- i'm not going to. what is this? >> shap, this is anheuser-busch, they own the brarchds budweiser, bud light, corona. they said, we're interested in acquiring you, s.a.b. miller. they own miller light, coors

light, analysts say if the two companies merge into one it would be worth $275 billion. >> then they'll have a bunch of the same beer with different cans, like the same beer. >> pretty much. pretty much. this would make it much more than the worth of walmart. just some conflicts there. basically more than 12 billion gallons of beverages. s.a.b. miller, 8.5 billion. they brought in $70 billion worth of revenue. anheuser-busch sells the most beer here. they have about 27%, s.a.b. the deadline for an official offer is about a month away. it could a gain the attention of antitrust regulators. once you bring out the competition the price of beer will go up. >> it probably will. >> thank you, chris.

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years to the day after he resigned, a move that could have cost us the iphone 30 years ago today. the news breaks out, we'll break in because breaking news changes everything on fox news channel. your world now. all right. thank you, shepherd, very much. this is "your world" and we are looking at three concurrent developments. obviously the big debate tonight at the reagan library in california. and a big surge in the dow on the day. we're looking at the federal reserve. we are going to connect all of these for you because they are joined at both the political and financial hips. in the most surprising of ways. why what's going on with the federal reserve and the fact that it could be poised to increase interest rates for the first time in a decade, not only could pop up as the subject in tonight's debate but could be very worrisome news for someone who is not at the debate stage