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tv   Kennedy  FOX News  August 13, 2016 2:00pm-3:01pm PDT

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leaving the victims lying on the ground in their own blood. the injuries are life threatening. one man shot in the head and the other in a chest. that shooter was wearing a dark blue shirt and had a hand gun and fled the scene. the police is not releasing the identities of the victims. we'll bring you more details as we get them. hello everyone. welcome to a brand new hour inside america's election headquarters. >> good to be with you. topping the news this hour donald trump, refusing to back
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down from this controversial remarks that president obama was the founder of isis. this comes as he comes under scrutiny over new claims if he loses pennsylvania, he says it's because the election will be x fixed. plus multiple reports of gun shots fired inside a mall in north carolina. police and emergency personnel responding to the scene now. we have the latest of what's happening there. growing concerns over the quality of the water in the summer games in rio. there have been reports that one athlete has fallen ill to the heavy pollution there. would you want to swim in that? . donald trump fundraising in new york today before heading off to a rally in connecticut. the republican nominee generating more controversy
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after saying the only way he will lose in pennsylvania is if there is cheating going on. it comes as mr. trump continues to face backlash over his comments calling president obama the founder of isis. the real estate mogle has sort of walked back that claim yesterday telling supporters he was being sarcastic but not that sarcast sarcastic. trump trying to further explain himself last night. >> everybody knew exactly what i comment. that's been covered pretty well. i think when he -- we should never have been in iraq. i was against going into iraq, it was a big mistake, but when he took it over, the way he got out was horrible and it lead to the real formation of isis as we know it. >> peter, this is where mr. trump will hold a rally this evening. >> it is, about 2 1/2 hours right now. the only thing that donald trump has talked about is the new york
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times article that's getting buzz online. the article is saying behind the scenes trump is difficult to keep on message and he is getting scared about possibly losing in november. trump's response to that is that "the new york times" has become a fictional article and he tweets that i am truly enjoying myself while running for president. the people of our country are amazing, great numbers on november 8th. the campaign isn't just dismissing "the new york times," they're down playing the importance of hillary clinton releasing her tax returns yesterday with communications director saying hillary clinton is turning over the only records nobody wants to see from her. the american public wants to see the 33,000 e-mails she deleted to obstruct an fbi investigation. there's a new push to get supporters to sign up as election observers. their website says they need volunteers to stop clinton from
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rigging the election, and democratic rule breaking is something trump is spending a lot of time talking about on the trail right now because the way trump sees it big crowds should equal big voter turnout so he thinks the only way clinton can beat him in the key stoen state is by scamming the system. >> is everybody here voting? if you do that, if you do that, we're not going to lose. the only way we can lose in my opinion -- i really mean this, pennsylvania, is if cheating goes on. i really believe it. because i looked at earie and it was the same thing as this and i've been all over the state and i know the state well. >> reporter: reince priebus warmed up the crowd yesterday telling voters not to believe garbage they hear about a strain between party brass and campaign officials, today another day and rally and another state, connecticut,
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which hasn't gone red in a presidential election since 1988, almost three decades ago, but there are a lot of people here who want to hear what he has to say and the room is still filling up. >> thanks. by the way, this tuesday don't miss a shawn hannity special a town hall with donald trump. that's tuesday right here on the fox news channel. hillary clinton releasing her 2015 tax returns as her campaign says trump should do the same. mrs. clinton and her husband made about $10 million last year and paid a federal tax rate of about 34%. meanwhile earlier today mrs. clinton's running mate senator tim kaine attacked donald trump for not releasing his tax returns. >> even richard nixon released his tax returns to the public when he was running for president because as he said the american public have a right to see my tax returns.
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the rules that apply to everybody else do not apply to donald trump. he brags about all this stuff he's done for charity but there's been some good articles to suggest that's all brag and it's not backed up. >> we have details on the tax tif. >> reporter: what is he trying to hide? that's the question being posed by hillary clinton and running mate tim kaine about donald trump and his refusal to release his personal tax returns. the virginia senator spoke at a college in new hampshire earlier today where he drove home the point if president richard nixon who isn't the greatest example of ethical standards can release his tax returns why can't trump. polls show both candidates are not seen as honest or trustworthy by the american public. the clinton campaign believes transparency can change minds. they point out they've had 40 years of tax returns for the public to see and tim kaine
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released ten years of tax returns yesterday for good measure. the clintons' earnings put them at the top 10% of 20% of americans in 2015. they paid a federal tax rate of 32%. the trump camp though isn't talking taxes. they keep pointing to clinton's e-mail controversy. last night in las vegas former president bill clinton con played the e-mail controversy saying the notion that his wife sent e-mails marked classified from her private sever at the time is quote bull. >> the fbi director said when he testified before congress he had to amend his previous day's statement that she had never received any e-mails marked classified. they say two little notes with a "c" on it. this is the biggest load of bull
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i've ever heard. >> reporter: as fox news reported in june the fbi found three e-mails marked classified at the time they were sent from clinton's private sever. >> thanks so much. meanwhile the obama administration is debating whether or not to release mrs. clinton's interview with the fbi, the interview that lasted for more than three hours but wasn't under oath, this after lawmakers asked for the bureau to turn over the official report about her private e-mail sever. during testimony last month fbi director james comey promised to respond promptly to the lawmakers' request but apparently some government officials are raising concerns about giving lawmakers what they consider politically sensitive records. a slow moving storm system slammed south louisiana causing record rainfall and leaving at least two people dead. crews responding to a thousand
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rescue calls helping people escape homes and cars engulfed by high water. one dramatic rescue caught on camera. let's look. wow! i'm glad they got him. will is live with more on this story. >> reporter: hello. louisiana is in a state of emergency tonight as this has become a historic disaster. there are neighborhoods that have never seen flood waters before that are now surrounded by these waters. cars have been swept away, roads and interstates shut down and some areas have received so much rain so quickly that residents became trapped and had to be
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rescued by boats and helicopters. others had to wade out of their neighborhoods, the national coast card and people with boats coming together to pull people out as you saw in the video. take a listen to the governor. >> as of right now well over 1,000 people rescued not just from their homes, but from their vehicles. some people not even from their vehicles, they've been clinging to trees and things like this as swift moving flood waters. we've rescued more than 100 pets at this point. >> we've seen cemeteries that have flooded. coffins were unearthed and seen floating down the stream. this has impacted the governor as well. his mansion flooded and his family had to evacuate. it came as he continues to warn
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residents. they're expecting more rain and rivers to crest at historic levels and the governor continues to say this could get worse before it gets better. >> not good to hear. thank you for that report. one of the five people struck by lightening the a a new york park yesterday has died. a hospital official confirming the 53-year-old man died this morning. all of the victims were gathered around a bench when a fast moving thunderstorm rolled in and they were hit by a bolt of lightening. two more victims remain in intensive care. some olympic athletes are finding themselves facing an entirely different opponent, the water. serious health concerns are being raised after authorities plan to drain a pool that mysteriously turned green. look at that,city's polluted bay, the site of railing and swimming competitions.
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one swimmer has become sick has contracted a serious bacterial infection while training in july and she's still struggling to get back in top form. . steve is live from rio de janeiro. hi, steve. >> reporter: the pools have gotten gradually worse in the olympic stadiums as the week has gone on. originally blue and wednesday they were a light green and some so murky friday morning that the actual practice for the divers had to be cancelled. athletes complaining not just of the murky green color but also of the smell and it transferred from the diving pool to the water polo pool where they dumped so much chlorine in athletes were complaining they couldn't open their eyes under water. this would pose a problem for the sing niezed swimmers who would have to see what they're doing under water. the plan is to drain water from one pool so they will be able to
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compete. what's causing the problem, there's a lot of different explanations. is it allergy or a shortage of chemicals, too many people in the pools, we've heard all those explanations including the statement from a rio spokesman who said chemistry is not an exact science. it's a problem for the outdoor athletes and particularly a dangerous one. there's been a documentation of the levels of bacteria in the water where the outdoor sports are held and one victim has a severe intestinal infection after an event on wednesday and her coach is putting the blame for that infection on the water where she is competing. back to you. >> all right. i think that's got to be the quote of the day saying chemistry is not an exact science when they can't figure out what that stuff is. thank you. we are getting multiple reports of shots fired at the
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scene of a mall in ral lee, north carolina. witnesses heard gun fire inside. no word yet on whether anyone has been injured or what type of possible shooting it was. police not allowing anyone to go or out of the mall. they're telling drivers to avoid the area and we will continue to bring you more information as it comes in to our newsroom. it's only august, still some time to go before november, but some pundits are predicting donald trump is running out of time to sway voters. is the sunshine state really that important? we'll have a fair and balanced debate looking at the battle ground states ahead. chicago police release reports filed in connection with the fatal shooting of 18-year-old paul o'neal. what the documents reveal is
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next. an alligator attack. >> this woman apparently dropped a can into the water, she was standing on the dock, dropped a can into the water and as she reached in to retrieve the can she was bitten by the alligator. (music playing) ♪ push it real good... (announcer vo) or you can take a joyride. bye bye, errands, we sing out loud here. siriusxm. road happy. allstate offers a't imagine genuine parts guarantee, that promises to fix your bike with original parts. talk to an allstate agent about all the things they do to keep riders riding.
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time now for a quick check of the headlines. newly released reports revealing more information about the fatal shooting of an unarmed black teen by a chicago police officer last month. the police officer saying paul o'neal reached for his waistband before he was shot. a florida woman is in critical condition after she is attacked by an alligator in the everglades. the woman dropped a can from a dock and the gator grabbed her hand when she tried to pick it up. "star wars" fans mourning kenny baker. the actor started as r2-d2 has died. a family member confirming his death after a long illness. kenny baker was 81 years old. new polls are showing a pretty difficult road ahead for
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donald trump in some of the key battle ground states. real clear politics which takes an average of all polls show mr. trump falling behind hillary clinton in several states including colorado, michigan and new hampshire. we look at comparing those main battle ground swing states that are so important. mr. trump is behind basically in all of them. how critical will those states be when it comes to the election? mr. trump is within striking distance in north carolina and ohio and the buckeye state has been a reliable indicator of how the election will go but now it appears he may have difficulty in pennsylvania and wisconsin. what will happen, we're joined by a fox news political analyst and a former adviser to president clinton. pennsylvania, donald trump says it's a must win state to win the white house he has to win it but so far he hasn't broken 45%. why not and what do you predict?
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>> he's been losing in pennsylvania. upscale republicans, republicans around philadelphia, those with educations and the independents have broken with him in bringing up numbers. he's breaking into the secretary of state's votes in west virginia but frankly as you correctly point out at only 45% and with the margin this week getting as high as eight, nine or ten points in pennsylvania, it's at a striking distance and his math doesn't work unless he wins pennsylvania. >> is it too early to have the depth now on this when you look at these polls. >> of course it's too early. you've heard of october surprise. we're not in october yet. >> are you saying donald trump is going to have an october surprise. >> i'm not saying that. i'm not trying to make news.
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i'm trying to analyze what's going on politically. having said that have you ever heard of the saying that money is power. the more money -- >> hillary clinton is outspending him. >> the more money the government has the more power it has over you. what trump's card is talking about how he wants to give the power back to american people. he wants to cut taxes, to talk about his policy, but if he continues to go down this tirade lying hillary and talk about other things he will lose. >> what does he have to do? how does he try to turn that around? >> he has to talk about politics. he want to eliminate the death tax. i'm from mississippi people have to sell the farm to pay for the taxes on the farm. donald trump wants to give the american people more money in their pocket to spend. if he talks about that plainly like i just did because it's about jobs and the economy and national security. if he starts talking about policy we'll have a better
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chance. >> doug, do you think it's possible for him to like just stick to policy when you don't know what's going to come out of his first. >> angela is right, if he talks policy he'll do better. so far the evidence is pretty clear he can't or won't do it. the third thing is angela's right, if money's power, given that the secretary of state has spent 50 to $100 million on ads in these swing states to no expenditures from donald trump it's clear the numbers are reflecting the impact of those dollars and if that continues and the clintons have pledged up to $2 billion, that's $2 billion between the super pacs and her campaign, i think he's in tough shape and i think angela would agree. >> i want to take a different spin on that because she's such a flawed candidate that's why she has to spend so much money. >> it may be but she's doing it. >> donald trump doesn't have
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anything on the air. >> nothing. >> we talked about policy because he always comes out with something. now he's saying telling folks if he loses especially in pennsylvania it's because of voter fraud and because people cheated, people voted multiple times. here's what he said. >> if we get cheated out of this election, if we get cheated out of a win in pennsylvania, which is such a vital state, especially when i know what's happening here folks, she can't beat what's happening here. the only way they can beat it in my opinion and i mean this 100%, if in certain sections of the state they cheat, okay. >> doug, quickly, i've covered voter fraud here at fox news in new york, kentucky, we've seen problems in pennsylvania, what is he talking about. >> if you get a ten point margin it's pretty hard to steal that much, that being said it's pretty hard to talk about voter fraud as a guaranteed result when nothing has happened and no
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ballots have been cast. let's hope there is vilance on all sides to make sure it doesn't happen. >> is he raising falls fears. >> donald trump likes winners. he's speaking defeat before we defeat it. instead of talking about cheating mr. trump talk about republican policy and how you will create a prosperous america and stop doing the blame game. >> angela couldn't be more right except liberals win and they don't play the blame game. >> we'll see what happens if he can stick to policy as angela says and doug predicts but we'll see if that's possible. >> we'll see. >> we'll give him 24 hours. >> thanks. republican vice presidential nominee mike pence is going to sit down to talk with fox news anchor chris wallace tomorrow. take a look. >> do you believe that hillary
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clinton was involved in a pay to play arrangement as secretary of state with big donors to the clinton foundation? >> it looks that way more and more every day, doesn't it. the new e-mails that have been made public just in the last week seem to make a direct connection between favors done by state department officials and major foreign donors to the clinton foundation, but the american people have a right to know. >> it's a fascinating in-depth exclusive interview with governor pence. you'll want to see it. check your local listings where you live and it will be here on the fox news channel a couple of times tomorrow so keep your dial on fox news channel and you can see everything. meanwhile a terrifying scene on a train in switzerland. police trying to figure out why a man went on the attack and whether he acted alone. white house officials apparently trying to figure out how to respond to the attacks
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preservision areds 2. because my eyes are everything. police are trying to figure out why a man set a fire on a train in switzerland and then stabbed several passengers. authorities say the 27-year-old suspect was armed with at least one knife and poured out a flammable liquid. at least six people are being treated for burns and stab wounds including a 6-year-old child. the attack happening as the train approached a town. police say they don't know the man's motive but so believe the incident is not terror related. new developments in the attack on the democratic national convention. the hackers releasing personal cell phone numbers and private e-mail addresses of democratic lawmakers. it's amazing they get this stuff. you may recall the hackers got
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20,000 e-mails of dnc officials before the convention last month. we are joined from washington with the latest on this newest hack. it seems they almost have full access to the computer systems. >> reporter: hackers continue releasing to the public private stolen information and e-mails of democratic operatives and last night a hacker identified as gus fer 2.0 posted online the contact information of 200 current and former democratic congressmen. in a letter to her colleagues released this afternoon she writes i was in the air flying when the news broke. upon landing i have received scores of mostly obscene and sick calls, voice mails and text messages. please be careful not to allow your children or family members to answer your phone or read incoming text messages.
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pelosi says democrats are hosting a conference call within the next hour to address these issues. this is a result of the hack into the democratic national convention campaign committee. it's an organization charged with electing democrats to the house. the dnc is cooperating with federal lawmaker agencies investigating the hack after reports there were hackers much more successful than they thought. pelosi suspects russians are responsible. wikileaks posted e-mails stolen from the democratic national convention. they showed dnc favoritism to hillary clinton over bernie sanders in their race for the democratic nomination. several senior dnc officials lost their jobs including chair debbie wasserman schultz. they have launched a new cyber security task force and hired an outside firm to protect the computer network. >> you can bet there will be more on the way. meanwhile the obama administration reportedly
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discussing whether to impose new sanctions against russian following those attacks on democratic groups. they say the cyber attack is believed to have been carried out by russian affiliated hackers. the white house already imposed economic sanctions after russia's annexation of crimea. we are joined by the former moderator of meet the press. good to see you. we'll get to those sanctions in a moment but i want to start here. will the administration officially accuse russia as it has not done so yet and if you don't think this will happen, give us your theory behind that. >> one of the things to be very careful about is to understand that we are all involved now, many many nations, in what is called cyber warfare. the united states is involved in, the russians are, the you rainans, the chinese, just about
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everybody. the upshoot is if you are going to call another nation and say publicly you have done something quite awful, you're hacking democrats and there's now a report they are also hacking republicans, you have to be aware that the russians can also do more to you than you possibly can do to them. >> how so. >> what i mean here is they can take action in syria, they can take action in ukrain, there's a build up of russian military force around the boarders of ukrain right now. in other words for the president to do something he's got to be aware there are heavy consequences. >> okay. so obviously russia already annexed crimea so you're suggesting perhaps putin would forge even further military action against ukrain and perhaps do something there in syria and if that happens i want to talk to you about what you think the impact on the u.s. would be in terms of the war
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that we're wagging over there in syria and iraq against isis, but before we go there i want to talk about this because it kind of tied in because now that presidenter president president air da want made nice, how does all of that impact the u.s. in terms of political posturing and actual power? >> this is an important point and thank you for raising it. what we are dealing with here, let's go back one step, if the president is going to publicly accuse the russians of doing what everybody knows they're doing, that's not the secret. the question then is what is putin going to do. he has many options at his dispos disposal. one of them is ukrain and although could be the baltic and other could be syria. in other words you are facing the possibility and that's all
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it is. >> right -- go ahead. finish your point. >> i want to finish the point. if the u.s. moves in this direction, it has to be aware that the russians can also make trouble. are we prepared for that? >> right. to your point, there is now putin strategically is making nice with erdawyn and that relationship has been on ice however i want to break some news here that vice president biden is heeding to turkey on august 24th to try to mend the fences with turkey. what we're discussing here is that the administration is well aware of the relationship over there and it's a tight ball of various nerves and if you cut the wrong thing you could mess with the whole situation. >> that's right. that's what i mean about putin having any number of options
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that he can play. turkey is another option but that's an easy one for him to play because obviously he needs turkey as much as turkey needs russia and turkey needs the u.s. he will now play one offer against the other with the idea that the vice president goes there, great, but he shouldn't expect turkey immediately to shift allegiance or influence or whatever toward the west. turkey is right smack in the middle now and the man running turkey is unpredictable. you never know where he's going to turn. >> i was going to say can you trust him. >> i don't think so. >> all right. thank you so much. we have to leave it there. thank you very much. >> my pleasure. thank you. he risked life and limb to climb trump tower. did you see him do that. it was scarey. do not try that. he went up there to meet donald trump but now he's under arrest but authorities say he's not talking. we'll tell you coming up more
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about who he is and why he says he did it and what could happen in court. our legal panels is here on this fascinating case. ... hmb plus 20 grams of protein to help rebuild muscle.
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but i only had a salad. it was a buffalo chicken salad. salad. guarantee that it's in your sp to honor this request, believe me my purpose is not significant, i would not risk my life pursuing it. the reason i climbed your tower was to get your attention. if i had sought this conventional means i would much less likely to have success. >> that's the 19-year-old in a message he posted on youtube posting that just before he used those large suction cups to scale the side of trump tower in manhattan earlier this week. he's charged with reckless endangerment and reckless trespassing. he wasn't hurt but that stunt caused chaos outside of trump's campaign but for very real
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scarey moments for all of us as the nation watched this live on television. >> at no time did he express he wanted to hurt anybody. his sole intention was to meet with mr. trump. it took three hours to get him in custody and upon getting him in custody he explained the same thing, that he wanted mr. trump's attention and he wanted to meet him. >> the new york's finest did their job bringing him safely in. joining us now is our legal panel. he was steven ryan is now in bellview hospital here in manhattan and undergoing psychiatric evaluation. what is the procedure? what's going on with him now? what can we expect? >> he'll be evaluated and after his evaluation he needs to be
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arraigned on criminal charges. these are misdemeanor charges. he'll have his arraignment and i'm not sure he's going to plead insanity and i do think he'll be found competent to stand trial. >> why is that? >> it's a very high burden to try to declare someone incompetent to stand trial but the charges are minor charges. if i'm a defense attorney i'm going to let it go through the system. >> if you're on youtube saying you want to climb trump tower, if you want to get a message to mr. trump e-mail, call, send a letter in the mailbox. >> the reality is the court and the police department have already triggered this evaluation of him. somebody has said there's obviously a psychological issue but to determine comp tensy, to determine someone is incompetent it's a high burden. they have to not understand who
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the players are in a courtroom, what they're charged with, what the process is, not to be able to communicate effectively. i'm imagining that's part of what's going on, but typically that's triggered as a defense by the defense attorney. >> he appears articulate and able to describe his goal and his mission, he wanted to see donald trump for whatever secret reason that was. what you're saying is that would not trigger a mental defense. >> it doesn't have to. it still is a thought process. you're looking at the fact he created a youtube video knowing what he was going to do, he had the tools, he made the trip up. he went through his plan. when they tried to get through the window he went through the window. as much as it may seem odd to most of us, what he did actually had a very linear thought process to it and that's the sort of thing that the mental health experts are going to look at.
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>> david, this takes a lot of planning. you have to know how these suction cups work. 19 years old, went to langley high school, his friends say he's a republican with conservative views and he was an intern at the republican party at some point and his parents apparently said he become obsessed with the internet, ran away at one point. he drove up to new york with his parents not knowing anything. >> if i'm the defense attorney on this case i'm going to use the mental illness defense. i'm going to use it to get a noncriminal disposition of the case which involves mental health counseling. that's what i'm going go after in this case and these charges are not significant charges. >> do you think he faces jail time? >> i don't think he's going to face jail time. i think a disposition most likely is going to involve ongoing counseling as recommended potentially by the
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experts. >> we've seen this before. a guy tried to parachute into the statute of liberty, and one climbed between the two towers of the world trade center. >> this is new york city. this is a free for all. these are not the harshest facts the judge has seen. a lot. >> yeah, he spent time in criminal court. >> his age is going to play into it as well. he's a really young kid. >> i hope for the best for him that he gets whatever help he needs and can deal with that and our heart goes out to his parents what they must be going through. thank you for joining us. victims of the orlando nightclub shooting texted friends and relatives from inside the club but could this he have received help faster if they would have been able to text 911. more on the push for the way we reach emergency services. >> if somebody is inside their house or in the trunk of a car
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calling 911 for help may not always be an option and now a new nationwide push is under way to make it possible to text the
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emergency line as well. laura ingal has more on where this is already being used. >> reporter: calling 911 in an emergency is not always possible if you're in a dangerous situation where being overheard could bring you serious harm. but texting 911 could save your life. >> somebody is inside their home or in the trunk of a car and don't want someone to hear them, we can still provide assistance to them. >> reporter: but it's not available everywhere. the service is only operating in parts of 36 states and puerto rico based on the call center's capability to accept text. as of mid-july, it became available to all of new jersey where some lawmakers say it's an important part of the public safety tool kit, especially when you consider situations like the orlando, florida, nightclub shooting when people were hiding and trying to send messages for help. >> if you're an active shooter,
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you can imagine, we're getting live information coming in from the text 911 about how many people are in the room, how many shooters there are, if anybody is hurt. >> reporter: major cities like new york still don't have the technology because it requires major services which could take millions of dollars and two years to complete. the fcc says because all call centers cannot accept the messages, groups like the national emergency number association have some concerns. >> my number one concern is this false perception of your ability to text to 911. the second concern that i have is that there needs to be leadership at the state level and even congress to make sure texting is available for all consumers. >> and texting in an emergency doesn't provide the detailed location information that a landline does, which is why
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dispatchers say call when you can, text when you can't. laura ingle, fox news. we're getting more information about the severe flooding down south. so far, it's left two people dead. we're getting more video of the dramatic rescues in louisiana. crews pulled a woman and her dog from her car in baton rouge. >> get my dog. get my dog. >> oh, that is so horrible. your heart goes out to her. it just shows how dangerous floodwaters can be. thankfully she was saved and they saved her dog and there are
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more stories like this coming out of louisiana today. we will bring that to you later on in the next hour. thank god they got them. >> oh, my gosh. okay. also coming up at 6:00, a major win in the war against isis. 2000 hostages freed. can there be more? and credit card debt is on the rise and they are reaching levels not seen since the 2008 crash. how you can keep yourself from falling victim. that is right here on the fox news channel.
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honey, what do you want for dinner tonight? oh whatever you're making. triple cheddar stuffed sliders. sold! a fox news alert, the nypd just wrapping a news conference a few moments ago about a troubling shooting outside of a mosque in queens. an imam has been shot in the head after walking home from afternoon prayers from the mosque in the ozone park neighborhood. he and a second man were gunned down by a lone shooter. the second victim was shot in the chest. he's in critical condition. police telling reporters there is no motive at the time and no indication that the men were targeted for their religious beliefs. at this time, they are not treating this shooting as a hate crime. no arrests

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