the two suspects who got away. boy, fast thinking on her part. have a great weekend. here's shep. >> 3:00 in the east, nonon the west and north carolina's governor pat mccrory is speak about the events of recent days and is trying to explain something to somewhat inexplicable, explaining the state police have a video and they have a video but don't know whether they can give it out because something, something, transparency. >> -- those being investigated and those three at times conflict with each other, and we have to understand the fair and reasonable balance of those three items. i want to let you to the there are ongoing discussions with the district attorney, between the district attorney, we have had several discussions but i anticipate ongoing discussions didn't the chief of police and

the district attorney, andrew murray, regarding his able gages to neat the -- obligation to immediate meet the first two goals. he has obligations to protect evidence and we have to respect his responsibility ang the mecklenburg d. d.a. and i know there are discussions of the videotape with the district attorney, and maybe more of that information will be communicated in the near future regarding the results of that information and to ensure we meet our three goals. i believe we have to make sure we have to take the politics out of any release of evidence. should not not be based on any political interest, and frankly, i think the new law that is coming into effect on april 1 is a sound and reasonable process in which you have a judge who is separate from a police department or the fbi or

politicians, who can maybe make an independent decision so those three goals i mentioned earlier can be met. and that's one reason we passed this law, is was exactly for situations like this in which there's a conflict between constitutional rights of individuals going through the judicial process and also the public's interest in getting as much information as possible. and often we pass this law for october 1st implementation to exactly handle these time of situations where a judge can determine the balance of the three goals and make that decision. so that's the process we're in right now. i cannot emphasize how proud i am of the state of north carolina and city of charlotte, for whatever reason there's a lot of attention on charlotte only when in fact the issue that we're dealing with is a national issue in -- >> well, it's a charlotte issue

for the moment and one issue for the moment is, are you going to release the videotapes? state police have the videotapes. charlotte mecklenburg has a videotape and have a, quote, policy, unquote, and he just told us we have laws, we passed a new law. governor, we're aware. we have seen the tape and it said: don't shoot him. he doesn't have a gun. that came from the wife of none other than keith scott, now dead, just before the charlotte police shot and killed her husband on tuesday. it's all on cell phone video she recorded. it doesn't fit the whole screen so we'll play the video for you, the video she took, so consider who is in the room watching. the video runs two and a half minutes, warning. it's disturbing. a man dies while his wife watches in and videos youch don't see him fall and don't see him at all, but inflames -- unless and until the police make

addition about their level of transparency that it appropriate for us nationally, when whatever else they have, this video is all we have toward transparency. now the video of. >> don't shoot him. don't shoot him. he has no weapon. he has no weapon. don't shoot him. [shouting] [bleep] don't shoot him. don't shoot him. he didn't do anything. drop the gun. drop the gun. >> he doesn't have a gun. he has a tbi. he is not going to do anything to you guys. he just took his medicine. >> drop the gun! >> when bleep. >> keith, don't let thick break the window. come out of the car. >> drop the gun. >> don't do it. [gunshots] >> keith, get out the car. keith, don't you do it. don't you do it.

keith, keith, keith, don't you do it -- [gunfire] >> [bleep] >> did they shoot him? they're going to shoot him? did you shoot him? he best not be dead. he best not be dead. [bleep] i know that [bleep] much. i know that much he better not be dead. i'm going to record y'all. i'm not coming there. you are going -- he better bev be alive. over here at 9453 lex top court. these are the provisioners who shot -- police officers who shot my husband and he better live. he didn't do nothing to him. ain't nobody touch nobody so they all good. i know he better live. i know he better live. how about that? i'm not coming to you guys but he better live. he better live.

yep. he better blown bleep live. where is -- he better [bleep] live. can't believe -- i ain't going no. where i'm in the same damn spot. so -- [bleep] >> you call the police -- call a ambulance? >> they did call the ambulance, and he did not live. again, that video from keith scott's wife. the charlotte police chief said there's at least one body camera, video from officers, along with a dash cam recording, the city police have one of those. the state police has another. he says it's up to state investigators whether to release them. assaulted last night in his opinion they should. lawyers say keith scott's family has seen all the videos. they say you really can't tell if the man is holding anything,

left alone a gun. but the cops say there's more toking this investigation than -- more to this investigation than video. >> one piece of evidence will never, ever make a good case. i know he expectation that video footage can be the panacea, and that it not quite the case. there are a lot of other factors hat have to support and corroborate even what you might visually see. >> video evidence as panacea, as cure. meantime as we wait for all the video to come out, whether it does we don't know because something, something transparency. officials in charlotte are preparing for a fourth straight night of possible protests. the streets of the city was calmer last night than earlier in the week. some images to show you in our slide show this afternoon. protesters at one point blocked the highway. this was last night. riot police show up, national guard, one demonstrator hugging a national guard and there was a

lot of that and protesters lying on the ground in front of the bank of america stadium. the for said last night was a demonstration how landfill demonstration works. rick to you. >> reporter: there were 4043 arrests -- 43 arrests went night and one last night. one for carry a concealed weapon, and the other for violating the curfew. the curfew went into effect by midnight but the police were not enforcing. it was just there in case they were needed it so in case people got violent and helped to have hundreds of national guard troops on the ground and state troopers trying to protect the banks and hotels. allowing the pd to focus on the people in the street. the curfew will be in effect through the weekend and national guard troops will stay here through the weekend as well. >> what's the word on the something, something transparency situation with the

videos? >> well, seems like everybody want thursday videos released, including scott's family. they called for the police videos to be released. the demonstrators were chanting, we want to see the video. even the police chief said the video should be released but can't be because of the state bureau investigation probe going on into the shooting, and then charlotte's mayor saying it's likely to come out, it should come out, as the put it in the interest of transparency. >> i am relying on our experts to say, we want all those pieces together to present a full picture. i do believe the video should be released. the question is, on the timing. and i am willing to work with our law enforcement officials to discuss when that will occur. >> reporter: many businesses are being impacted by this, businesses remain closed, some

of them closing early before the midnight curfew. other events have been canceled and through the weekend so the economic impact continues to rise. >> rick leventhal on scene. the video to release or not release. the mayor says, yes, release it. the question is one of timing. the local police chief, the man in charge said, let's release it. but it's a question of timing. why is it a question of timing? that's the question that seems to be asked. why not release what -- why not show it? will at some point the people be more ready to see whatever it is you have or don't have than the people are now? the people seem ready now. drop the gun, he screamed over and over. the wife says he doesn't have a gun. he's not going to do anything. >> he just took his medicine. >> she is not in car. employ police are seeing him.

the police chief saves he had a gun. he says all of the evidence opinions to he had a gun. there's video. and something, something transparency. joining us now is the executive editor or charlotte magazine. how much pressure is there? to release the videos? >> yes. >> a lot. the mayor and he police chief said we'll probably see the videos and the mayor said today she wants the videos to be released. so everybody up to the governor's office -- >> the confusing part -- help me. the mayor, is elected by the people. the police chief is employed by the people of charlotte, mecklenburg. the body camera, which the police officer wore, is the property of the police department, which is funded by the people, and all of those have seep what the people want

to see, but the people can't see it because something, something timing. there is a unified effort to exert pressure on them for something as simple as show us what you have seen if you think it might help, or even if you don't. >> reporter: there's a ton of pressure on them right now to release it, yes. but they have said they want to do it at the right time. think what happened today was mrs. scott decided -- somebody in the family decided they had a different idea what the right time was and i'm not sure any of us has the right to question that. >> the family released that video to nbc earlier. and the idea behind the releasing of that was -- what was their explanation? >> reporter: the family's video -- they have said all along they would like it to be released. they wasn'ted today be released. they called on the city to have

it released. i think the had a different idea what the right time was to release it. >> right. so, time is not something that you deal with in a vacuum. just wonder if they have given you a sense for what it is about one time that would be preferable to another time in the aftermath of this thing? >> reporter: the police chief said over and over again that there's -- it would damage the investigation if they release this too early. >> damage the investigation. >> reporter: yes. that the consistent refrain we have heard from the police chief >> damage the investigation, transparency. thank you. so what exactly does the video show? if it would damage the investigation, how would it do that? they've already seen it. the investigators have already seen and it drawn conditioningses -- conclusions about it and said, here's our conclusion. we don't know from the video who

he had a gun but we can tell what was happening at that time but might damage the investigation. more in a moment. it's not just a car... it's your daily retreat. go ahead, spoil yourself. the es and es hybrid. this is the pursuit of perfection.

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never seems to serve them well. >> insinuates there's something more going on and it does come out when the case is actually released to the public but it suggests there's some up ulterior motive and i can't imagine why the public wouldn't be best served. >> is it a power trip? >> no. >> i got the video, i'm not showing it to you because you are just the people who pay me. >> it's not. the police are usually reticent. look at social media. she was recording it herself. she had the ability to record it on their cellphone cam maybe our

laws need to catch up. >> you think the brilliants will go news the right time. >> it should happen immediately. they should -- do it within days. the chief of police said it would make sense to release all of the video, including that which was done by the police department. >> in the hand of the stateys now, the state of north carolina. >> in tulsa, oklahoma, another high profile shooting also with video. on tulsa time, now is the time. but the prosecutors already charged the officer with man one. first degree manslaughter. that is sear serious and coming up. when you're close to the people you love,

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i know more about isis then the apprgenerals do. age. john mccain, a war hero. he's not a war hero, he's a war hero because he was captured. i like people that weren't captured ok. donald trump compared his sacrifices to the sacrifices of two parents who lost their son in war. how would you answer that father? what sacrifice have you made for your country? i think i've made a lot of sacrifices, built great structures. i've had tremendous success, i think... those are sacrifices?

in oklahoma a white faces manslaughter charges after she shot and killed an unarmed black man. the officer, betty shelby. prosecutors say she, quote, reacted unreasonably when she fired at terrence trumper on the street. police video show him walk with his arms up in the air. you don't get a clear view of the officer firing. according to investigators she cames he ignored her orders to stop and get on his knees. her lawyer says she opened fire because she was, quote, afraid for her life, unquote. but crutcher's relatives, the one who is dead, that one's relatives say part of the story does not add up. casey stegall is here. they're saying crutcher reached

into the suv. >> reporter: that's right. the however says she fired her service women when the suspect began reaching into this vehicle through the driver's side window on his suv. the only problem is the video that shows that vantage police is from a police helicopter some you can see for yourself the images. they're grainy, difficult to tell whether the window is in fact up or down because the chopper is obviously moving. crutcher's family says the window looks like it's up because you can see blood on the glass. however, tulsa police have not addressed this whole window issue. but officer betty shelby's lawyer has said it was that, mixed with what his client describes as erratic behavior from the suspect that made her scared. >> the hands would go back up. he would move locations with his hands in the air. the hand goes back to the pocket. that made her belief it was possible that he had a weapon in his pocket.

>> reporter: the hindsight being 20-20, but no gun was ever found either on his person or in the suv. police do say a vial of pcp, the drug pcp, was located inside the suv. >> how is the victim's family reacting to the officer facing charges. >> reporter: they say it's a step in the right direction but want to see a vigorous prosecution and hope it will end in a conviction. they don't know if this would go to trial but crutcher's family and friends, civic leaders and church leaders, have been gathering in tulsa, holding peaceful protests all week. his twin sister, vowing to fight for change in the name of her late brother. >> the chain breaks here. we're going to break the chins of injustice. break the chains of police brutality.

the chain breaks here right from tulsa, oklahoma. >> reporter: the funeral is tomorrow. >> just into fox news. a federal judge has ruled that most of hillary clinton's e-mails that the fbi recovered during the investigation will not come out until after election day. we'll get details on that ahead. plus we're learning more about secretary clinton's debate strategy as she prepares to face off against donald trump on monday night. you may have heard her test ought possible attack lines and one thing that has come to our attention. it's good a good one. guess who is about to endorse donald trump? i have a hint. he'll put his hand up high and then he'll lie, lie, lie. coming. they feel good?

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>> more offed to riz headlines. a bus crashing into oncoming traffic and crushing tree cars after a passenger started beating the driver with an ulm will be -- umbrella. this happened in istanbul. 11 people hurt. two lawmakers getting into a brawl at a tv station, happened after a debate in ukraine. one map -- man lunged at the other. bodyguards held them back and then one man went outside and started kicking and scratching the other's car. >> two tornadoes up touching don in utah. this is in ogden. a dozen homes badly damaged. another twister hit a town hundreds of miles away. no one was seriously hurt. the news continues with shepard smith right after this.

>> he'll hold that bible up high and then lie, lie, lie. ted cruz, is now endorsing him. ted cruz, texas, now endorsing -- now endorsing donald trump because -- he explains why. obviously he did it on facebook because -- i'll read some of the words. donald trump has the best words but these are ted cruz's words. this election is unlike any other in the nation's history. i have struggled to take the right course of action in cleveland i urged voters blows please don't stay home in november and vote your conscious after many months of careful consideration, careful consideration, of prayer, and searching my own conscious i decided on election day i will vote for the republican nominee, donald trump.

i do not like green eggs and ham. i do not like them. cruz i am. he refused to endorse donald trump at the republican convention, you may remember. he told delegates to vote their conscience. ted cruz endorses donald trump because politics. there's some good news for secretary hillary clinton this afternoon. a federal judge has ordered most of secretary clinton's e-mails, the ones recovered during that fbi investigation, to be released transparency -- no. not that. held until after the election. the judge ordered the state department to finish processing about 1,000 pages of material for release by the november 4th. but that means there are more than 10,000 other pages of e-mails which we now will not see until when? until after we made our decision.

obviously. john busse is the associate editor of "the wall street journal." i've said it before, politics is weird and creepy. >> ted cruz -- >> to relation to any part of reality. >> thinking of 2020. >> i hope that thought goes well >> the peered into this soul and his -- and self-interest. can't be out of the circle for this election and run in 2020. you got to endorse the candidate. so clinton. this is good and bad for her. on the one hand if there's something in e-mail which the fbi said there's not. if there was -- >> kind of like the videotape. be transparent. >> well, it -- >> but it -- >> it could work against her if it got out. the bad part is this lingers now. right on through to the election. if they all got out and everybody looked at them and decided the fbi was right,

there's nothing in there that would kind of begin to put this past. and it's good and bad for the trump campaign as well. on the one hand it does linger which keeps an issue. around if there had been something in there, they don't get to see it now until after the election. there will be some out on october 4th, some out on october 21. some out on november 4 but the e bulk after the evex. >> they felt we didn't need it. >> the judge said it wasn't that. it was that the state department hag been deluged by requests of freedom of information acts -- >> to busy with other matters. >> the judge says -- i wonder whether the state department is just managing the freedom of information acts. dozens of requests for the e-mails and lawsuits and they're swamped and can't get through everything. they're pulling out duplicates, ones that aren't relevant. the judge says i get it. you guys can't get it done. that's the judge's point of

view. >> i wonder how many employees they have. >> working on this? probably not enough and handle syria at the same time. but the judge felt that they had a kind of reasonable case for not being age to -- not being able got all done. some of these already released, some in the original 30,000, some aren't relevant, are personal, but a bunch that were relevant, and it would have been interesting to see before the election. >> it would have been interest. it's kind of voyeuristic, i suppose. >> i suppose. you just don't know. >> transparency. >> there has been discussion of drone strikes and the earlier e-mail. you don't know whether you and i as a voter would have found something interesting in there the fbi said it's not criminal but we still would have been able to judge that was kind of carelessness. >> we'll wait until after the election. that will be glorious. give us something to do in the first 100 days. it's going to be fantastic. thank you. hillary clinton has hunkered

down at her home outside new york city to get ready for at the faceoff with donald trump but we learned she moved somewhere. they bought the house next door so the media can't really camp out on the street to find out where she is going because they bought the house next door expats a no-go zone. campaign officials say one of the biggest champ lengthed is trump's unpredictable behavior. "the new york times" reports secretary clinton and her team have written out dozens of answers and she tested some, quote, attack lines on the campaign trail. for example, if trump praises the russian president vladimir putin, clinton will ask something like, what would ronald reagan say about that? meantime, clinton's lead is shrinking in a couple of critical swing states according to new polls from quinnipiac. dead heat in colorado. in august clinton had taken point lead over trump, and in virginia trump has cut clinton's

lead almost in half. and jennifer griffin is near clinton's home in chappaqua. what else are you hearing about her debate preparations there? >> reporter: we just got off a conference call, a 25-minute conference call with her campaign aides to talk about her debate prep. we saw the convoy move from her home earlier this morning. we're assuming that she was heading for mock debate prep work. in a prebut al her aides but out 19 pages of what they say are donald trump residents lies they say they expect the moderator, reporter and the public to fact check in real time on monday. otherwise, communications director, jen pal mary says trump has an advantage, quote, he has a pattern of saying lies without people correcting them. voters should keep track. someone who has this many lies can't win the debate on its

merits. they're trying to get into their opponent residents heads. >> seems like an appropriate goal. we just showed of calm of battleground polls and the race also close in iowa and georgia? >> reporter: well, it's very interesting. the new quinnipiac poll shows in georgia that donald trump is leading hillary clinton, now by seven points. jill stein is not on the ballot there. hillary clinton's four percentage point edge among georgia constant overcomp trumps. nonwhite voters back clinton 73 to 14%. in iowa, trump tops clinton, 44 to 37%, which 10% for gary johnson and two% for jill stein. clinton was leading trump by two points last month.

separately for the first anytime 100 years the cincinnati quinora announced today it is note backing the republican candidate it is ebb dooring human being -- ebb dooring hillary clinton. >> learning more how donald trump is getting ready for his first presidential debate. why trump's team is urging the billionaire to let hillary clinton talk as much as she wants. plus, more on the ted cruz endorse. of donald trump. diabetes can be a daily struggle,

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update can breathing news inside this hour. senator ted cruz is endorsing trump. the texas senator made the announcement on facebook. the announcement comes as donald trump's team is telling him to speak as little as possible. a source from the campaign tells fox news that advisers are discussion the former reality tv star to let hillary clinton do most of the talking. both candidates are said to be taking very different approaches as the get read glory first faceoff on monday. hillary clinton is taking time off from campaigning and aides say she is holding mock debates. donald trump is not taking a break and is set to hold a real in roanoke, virginia, tomorrow night. trump says he does not like doing full-length mock debates and according to the reporting of "the new york times" also refusing to use a podium during practice sessions, something

that advisors indicate is a good idea. the advisers tell "the new york times" they're worried he won't be able to stand still and focus for a full 90 minutes. trump's campaign manager said he will not be winging it monday night. he has been studying videos of secretary clinton's past debate, back to her senate campaign in new york in the year 2000. sources tell politico his team has compiled a so-called psychological profile on hillary clinton complete with information on the body language so trump can take advantage of her weakness. the stakes are high. analysts say it could get as even a super bowl size audience. carl cameron is outside trump tower in manhattan. tell us more about the endorsement from ted cruz. >> reporter: ted cruz didn't use the word endorse in this facebook post and this is

surprising given the controversial convention when cruz spoke there, primetime, but failed to endorse donald trump, and booed by the new york delegation right in front of the podium. he said he wasn't in the habit of endorsing people who insulted his wife and his father and didn't endorse him now. what he said in his facebook post what he is going to vote for donald trump. principally because he is opposed to hillary clinton's candidacy and specifically noted today, donald trump's release of a list of judges across the country that would be -- he would be where he draws his supreme court picks from. it's 21 judges he name. he released it today and in his facebook post cruz said that was a very good list, including mike lee, close friend of cruz. and for that reason, cruz said he is now able to vote for donald trump. although he doesn't use the word "endorsement."

trump is -- by releasing the judges is pushing the news agenda today when both candidates are off the campaign trail and he is in trump tower, preparing for the debate that he has basically criticized other candidates for shunning. he is not going to lock himself um for three weeks in a cabin because if you do only debate prep, in his words, you can get lock jaw and not be able to speak. a not so veiled effort to mitt romney and john mccain. there's no standin as a sparring partner. trump's prep began right after the republican national convention. on most sundays he and his team have gone to new jersey and sat down and discussed the issues, the answers, and the way he'll broadly express his goals and priorities when asked a specific policy question. keep that part short, and then pivot. from broad policy goals, pivot to complain about the nature of things and particular live about hillary clinton's ill preparedness for the presidency.

>> carl cameron, see you monday night time. there's word donald trump advisers are stressing more of trump's behavior on the stage than his knowledge of the issues. more on the prep for the first presidential debate of 2016 coming right up. when are they leaving? grilled cheese and campbell's tomato soup go together like grandchildren and chaos. made for real, real life. everyone thought i was crazy to open a hotel here. everyone said it's so hard to be a musician, but i can't imagine doing anything else. now that the train makes it easier to get here, the neighborhood is really changing.

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there's word that donald trump's team is telling him you need to keep your cool during the first debate on monday and avoid letting hillary clinton get under your skin. that's what republicans familiar with donald trump debate prep tells the "associated press." in fact advisedders say they're more worried about his behavior on stage than his knowledge of issues. julie pace is the who are white house correspondent for the "associated press" and wrote the story on this today.

it's not as if they think you have command of the facts. it's the temper we're worried about. the temper or what? >> as you heard carl say in his report, when it comes to the substantive issues they know that donald trump is not going to be as experienced on these issues as hillary clinton, so they aren't so worried about him delving too much into the nitty-gritty. they think he can get away with talking about policy in broader strokes, talking his goals. the thing they're worried about his is temperment. you look at most public polling, voters have a real concern whether trump has the temperment to be commander in chief, whether he is too thinned skeined or hot-headed and now standing in front of his biggest audience of the presidential campaign for 90 minutes and we know that hillary clinton is going to try to get under his skin and they need him to not react. if he reacts on this stage in this huge moment, it could really undermine their attempts

to move some of these voters toward him who just quite aren't comfortable. >> they don't want the moment to be some kind of temper thing. >> exactly. you can envision what would happen if on merchandise night he loses his -- on monday night he loses his cool and fly us off the handle. that clip will stay with him for the campaign and because this so much of a narrative about trump he has thin skinned and hot-headed. this would reinforce that if he did lose his cool. >> what every candidate want is is the big moment, that one line, that perfect line that gets repieced over and over and over -- repeated over and over again. who is coming up with that line? within trump's team woes job -- whose job is it to come up with the line. >> trump has an interesting group o people working with him.

he had campaign advisers, kellyanne conway and has the rotating task that has been traveling on his plane with him to events. newt gingrich, mike flynn, rudy giuliani, peter navarro, chris christie is talking howed in government interwalked the states so trump has been hearing from people with strong opinions. >> i was just wondering if there was some important who has come up with the phrases, those line -- that zinger, who might that be? >> i think that trump prides himself on being that guy. if you remember in the primary, one of his lines that was repeated over and over again is when he called jeb bush low energy. >> lie, lie, lie. that's trump, too.

put his hand on -- bible up high and then lie, lie, lie, tying ted. >> lying ted. that was another takeaway, right? we don't know what his nickname for hilary will be. >> they now call him the endorser. e environment. we're not passive aggressive. hey, hey, hey, there are no bad suggestions here... no matter how lame they are. well said, ann. i've always admired how you just say what's in your head, without thinking. very brave. good point ted. you're living proof that looks aren't everything. thank you. welcome. so, fedex helped simplify our e-commerce business and this is not a passive aggressive environment. i just wanted to say, you guys are doing a great job. what's that supposed to mean? fedex. helping small business simplify e-commerce. he's a race-baiting, xenophobic, religious bigot. sage. donald trump is a phony, a fraud. he's not a serious adult. i can't vote for donald trump given the things that he said. trump should not be supported.

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should news break out we'll break in because breaking news changes everything on fox news channel as it did today. are tends to do that when you put your hand up high. >> this is the video that is changing people's what went down in charlotte, north carolina. take a listen. >> don't you do it. don't you do it. keith. keith. keith. don't you do it. [gunfire] >> [bleep] >> did they shoot him? did they shoot him? did you shoot him? >> officials have yet to release the police chest cam and other related photographs and images and video. but the wife of keith scott did release video from her own cell phone camera that ironically captured her husband's killing. the question from that video that is still