here's shepard smith. >> it's 3:00 on the east coast. noon in san francisco where an appeals court is right now deciding the fate of president trump's immigration ban. as we wait, the president is again going after the judges. his latest comments and what he took some time to tweet about daughter ivanka. and then the senate set to pull another all-nighter as democrats try to stop the president's nominees. already tempers are running hot. >> turn on the parliaments where people throw chairs. we're not anywhere near that tonight but we're flirting with it. >> what led the senate to silence one of their most outspoken members. the first city in the nation to offer college for free with some

taxpayers picking up the whole bill. kennedy is here with her take. so let's get to it. president trump is attacking the court system again as a panel of judges debate whether to reinstate his controversial travel ban. here's what he told a meeting of american sheriffs and police chiefs today while reading a law that gives him the right to impose the ban. >> a bad high school student would understand this. "suspend the entry of all aliens or any class of aliens of immigrants or nonimmigrants". >> shepard: the section of the law is title 8. today the president accused the courts of having political motivatio motivations. >> i don't want to ever call a court biassed so i won't. we haven't had a decision yet.

but courts seem to be so political. >> shepard: this is the latest in a series of attacks the president has launched against the court system. the president this morning tweeted, "if the u.s. does not win this case as it so obviously should, we can never have the security and safety to which we're entitled. politics." president trump has told his twitter followers to blame the federal judges and the court system if something bad happens. or if something happens, he actually said. the panel of judges from the ninth circuit court of appeals is weighing whether to reinstate the ban and could issuing ruling in the coming hours or days. now they say it won't happen today. the panel heard an argument from the justice department. the judges pressed both sides on key aspects of this case. the court challenged the trump

administration's lawyer to prove that concerns over political -- i should say over potential terror attacks drove the president to issue the ban. the judges challenged the lawyer from minnesota and washington state to show the president's ban targets muslims in a way that targets the constitution. while that is going on in a court fight, the president set his sights on nordstrom for dropping first daughter ivanka trump's clothing brand tweets "my daughter ivanka has been treated so unfairly by nordstrom. she's a good person. pushing me to do the right thing." nordstrom executives say they dropped the brand because they say it's not selling well. shoppers have been calling to boycott the line. so with all of that, we turn to john roberts live on the north lawn this afternoon. what more are we learning about the court battle over this travel ban, john?

>> really does come down to two arguments, shep. these are the two things they're going to be weighing in on. that is the idea do the states of washington and minnesota have the standing to file a suit in district court on behalf of a group of individuals that are being harmed as opposed to the state itself being harmed. the second one is, what was the president's intent when he signed this executive order? the intent was a big part of the discussion last night. even judge clifton wanted to know if everything that the president said during the course of the campaign about a muslim ban should just be ignored? basically the president's words during the campaign now coming back to haunt him as president. august fuentes said it's not a muslim back. but if it was, there may be some problems with the contusionality of this order.

the president listened to it all last night and said this morning when he talked to a sheriff's organization said he wasn't too impressed with what he heard. >> i listened to a bunch of stuff last night on television that was disgraceful. it was disgraceful. because what i just read to you is what we have. it's just can't be written any plainer or better. >> the judges wanted to know in the executive order on extreme vetting was really a muslim ban in sheep's clothing. that it was written broadly to cover everyone but the target was muslims. a couple times both the attorney who was arguing for this and the president this morning mentioned a ruling in massachusetts where a federal district judge initially had put a temporary restraining order on the execution of the executive order. when he learned it didn't target muslims to his satisfaction, he lifted that restraining order.

we should point out the white house is pushing back against the assertion of judge robart, the judge in seattle. not one person from the seven countries included in this order have been arrested since 9-11. the white house put out today -- i don't think anybody got this list besides fox news -- a list of 24 individuals suspected of or arrested for terrorist activities. a lot of people were arrested or suspected in the last two or three years as well. >> interesting. john, on the matter of the first daughter's clothing line, the president tweeted about it. now the white house is weighing in? >> he seems to be equally upset about what's going on in the federal courts regarding his extreme vetting proposal. nordstroms dropped her clothing line. they said it was a poor performer. they reviewer that vendors to make sure they have the best lines there. neiman marcus dropped her jewelry line online. one store in new jersey, again,

they're saying because of performan performance. line to what sean spicer said. >> it's less about his family's business and attack on his daughter. he ran for president. he won. he's leading this country. for people to take out their concern about his actions or his executive orders on members of his family, he has every right to stand up for his family. >> so basically they're saying that she was punished because of her father's policies. don't forget, there's that group out there that is going under the #grabyourwallet which has been encouraging retailers to drop ivanka trump's line. can't say it's connected but the white house thinks it's suspicious. >> shepard: let's focus on the travel ban now and the three-judge panel working to decide what will happen next. josh gerstein is next with us from politco. what is your thinking on what the three-judge panel does and what happens next?

>> shep, we just learned in the last few minutes there won't be a decision from the ninth circuit today. so it will be tomorrow or sometimes thereafter. it sounded after listening to the arguments there's two possibilities here. either the three-judge panel will leave in place this restraining order that basically guts trump's executive order for the time being or they might cut that restraining order back a little bit. some of the members of the panel seemed interested in the impact on people that really do have ties to the united states. say a student that may have attended three years of college already and is going into a fourth, would someone like that be held up at the border because they come from one of these seven countries. those were the situations that the panel seemed most concerned about. there's some chance they might dial the order back a little bit to focus more on people and those kinds of circumstances. >> shepard: so if there's a partial reinstatement, would the white house or the federal government go to the supreme

court or is that something with which the white house can live? >> that's a good question. sounded like sean spicer was trying to turn down the temperature on this during the briefing this afternoon. he referred to it as a narrow ruling that they're expecting from the ninth circuit. and it sounded like he kept saying we want to have this case heard on the merits. sounded like they were bracing for a negative ruling from the ninth circuit. he didn't talk about escalating this to the supreme court even though that was the indication from the white house. if this ruling would allow trump to pursue part of that executive order in the meantime, i think there's at least a chance that they might fore go a supreme court appeal. >> there's a couple of options that the federal government would have. if it's dialled back completely or some part thereof, as you know, they could go to the larger court of appeals for that circuit, which is a 11-judge panel. the federal government could do that. or they could go straight to the supreme court. which makes sense from the federal government's standpoint? >> given the urgency that the white house is talking about,

earlier calling this irrepairable harm, the president keeps talking about a flood of people coming in that he doesn't think have been adequately vetted. given that kind of urgency, it would seem odd to try to direct this to a 11-judge panel by the nature of the number of judges involved. that will be a cumbersome process. it would take several more days. it seems to me if they do decide to appeal, the justice department would be more likely to take this to the supreme court because it sounds like it's going to end up there eventually anyway. >> there's been from the president's opposition some suggestion that with his tweet us and utterances that the president is trying to influence this panel. does your reporting bear that out? >> it does seem that way for him to send out the tweets saying this is politics! to talk about that what he saw on television last night was disgraceful. it seemed that he was talking about the nature of the arguments and some of the

comments that the judges had made. most of the legal experts and even former judges and current judges say they don't think this will work on the part of the president. the judges have tenure and not likely to feel pressured by them. some people think it's counter productive. the judges may not want to look like they're giving in to this kind of pressure. they may reject the amount of hand, but they're human after all. >> shepard: we'll know soon enough. josh gerstein, senior reporter from politco. thanks a lot. >> sure. >> shepard: much more on politician. first, the weather in the south yesterday caused destructive tornadoes across dixie. in new york city, it's 61 degrees outside. crazy warm all across the northeast. things are about to change bigly. winter returns overnight. from springs to teens and a snowstorm for millions and millions and millions of people in the northeast. a fresh new forecast is ahead

from the fox extreme weather center on this wednesday afternoon from the fox news desk. tech: don't let a cracked windshield ruin your plans.

trust safelite. with safelite's exclusive "on my way text"... you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) safelite repair, safelite replace. and this is they like lobster party.y, red lobster's lobsterfest is back with 9 irresistible lobster dishes. yeah, it's a lot. try tender lobster lover's dream and see how sweet a lobster dream can be. or pick two delicious lobster tails with new lobster mix and match. the only thing more tempting than one succulent lobster tail, is two.

is your mouth watering yet? good. because there's something for everyone, and everyone's invited. so come in today. come close, come close. i like that. [ all sounds come to a crashing halt ] ah. when your pain reliever stops working, your whole day stops. awww. try this. for minor arthritis pain, only aleve is fda approved to work for up to 12 straight hours with just one pill. thank you. come on everybody. aleve. live whole. not part. >> shepard: fox extreme weather alert. millions in the northeast bracing for what could be the biggest snowstorm of the season. warners along new england and delaware. some of us could see blizzard conditions for a while. right now it feels like spring.

51 in boston. low 60s in new york. 66 in philly. 67 in baltimore. 69 in d.c. forecasters say the storm could dumb an foot of snow in some places and the worst could come in time for the morning commute. here's the good timing. rick is here. not a historic storm but anything bigger than what we've seen. >> yeah, haven't had a lot of snow yet but we're about to get it. the first one. because it will fall in a short time frame, that's a problem. takes a look at the temperatures. 60 degrees in new york. the good part about this, the other day to get ready for what is about to come. get your milk and things people like to do. take a look at the temperatures. 23 degrees above where we were yesterday in new york. 27 degrees lower than you were yesterday in cleveland. so we're in this seesaw pattern here. >> shepard: how much snow? >> probably a lot of people in the 6-10 inches and a few spots

over a foot. we had one storm with a lot of ice across new england. most of that will likely have melted. they don't have as of an easy day. this is snow across illinois, indiana. this moves through and really gets going by tomorrow morning's commute and then throughout the afternoon. most of it for almost everybody, a 4-6 hour snowstorm. if you get 6-10 inches in a short amount of time, the plows can't keep up, you can't keep your sidewalk shovelled. a out of school, a lot of people having a hard time getting to work. be prepared for that you mentioned blizzard. you see the red by boston. blizzard warnings towards boston, the cape cods. everybody else in this winter storm warning. a lot of people getting up to about a foot of snow. >> i looked at the weather tab. for the big cities like new york, the worst of it starts

around 4:00, 5:00 a.m. through the heart of the commute. >> tomorrow will be rough. if you can stay home, work from home, that's good. kids will probably be home. it's done around 1:00 or 2:00, but stays cold through friday. so we have -- friday will be a rough one on the roads. then we warm up this weekend and by monday most will be gone. >> the "fox and friends shift" should be okay. our shift in the morning should be fun, guys. >> everybody in here come in early. >> our whole team got hotel rooms so we don't have an execution. party -- i won't say where we stay. party at the hotel! that would be weird. thanks, rick. back to politics. some government workers are not at all happy about everything that the president is doing. they're trying to find some creative ways to make their voices heard without hearing "you're fired." a look at the high tech

resistance and the responses from the white house next. and you're talking to your rheumatologist about a medication... ...this is humira. this is humira helping to relieve my pain... ...and protect my joints from further damage. humira has been clinically studied for over 18 years. humira works by targeting and helping to... ...block a specific source... ...of inflammation that contributes to ra symptoms. it's proven to help relieve pain and... ...stop further joint damage in many adults. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas... ...where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flulike symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work.

>> shepard: some federal employees are no doubtfully on board with the new president but some are pushing back against his agenda and they're apparently using encrypted messages apps and different e-mails addresses to stay under the radar. last week the white house told government workers get with the program or get out. >> i know the president appreciates the people that serve this nation. the public servants. but at some point, if they have a big problem with the policies he's instituting to keep the country safe, it's up to them to determine whether or nots they want to stay. >> shepard: that response came after 1,000 employees opposed the travel ban. what are government workers saying about the white house

comments, carl? >> they're afraid to say what they really think. they think there's a possibility their disagreements with the trump agenda could get them fired and maybe even lose their pensions, that sort of thing. some of them are going semi underground using apps on their personal cell phones that they can encrypt their comments, whether it's instant messages, calls or e-mails and creating new e-mail accounts and not using the workplace communications for their dissent. >> these employees, as a hobby, step outside their government role and act as citizens. the tension right now between the incoming administration and the civil service is real and it's growing. >> calling it a hobby is a nice way to say they're afraid they'll get in trouble. as you said, they have a channel to air their grievances to officials who have 60 days to

respond. there's not supposed to be repercussions. sean spicer has been blunt about those that are opposed to the administration's goals. >> 325,000 people from other countries flew in through our airports. we're talking about 109 people. from seven countries that the obama administration identified and these bureaucrats have a problem with it? i think they should get with the program or they can go. >> it's not just the state department. there's federal employees in the department of labor, national parks, worried about the gag orders and other orders. they're using these work arounds to avoid using the government coms where they could get caught, shep. >> shepard: can the government fire an employee for dissenting? >> there's a lot of rules about, this political appointees can get fired quickly just like the acting attorney general was when she ordered doj lawyers not to

enforce the president's immigration ban last week. rank and file civil servants, they have lots of protections. they have years and years of collective bargaining and they put in protections for federal government workers. there's court cases where they have sided on the personal and privacy rights of civil servants as long as they don't bring it into the workplace. that's what the fear is, because all of these people are at work and it's freaking them out. >> carl cameron very much at work after a well-deserved vacation. how was it? >> nice. great to get some rest. >> shepard: i best it was. nice to see you. things got heated on the senate floor after a long debate. republicans ordering a democrat to keep quiet after breaking a senate rule. democrats claim republicans have not punished their own senator whose broke the sale rule. he said/she said, around they grow. we'll hear from both sides regarding the elizabeth warren dust-up. that's as head awe approach the bottom of the hour and the top

of the news from the fox news desk. i accept i don't race down the slopes like i used to. i even accept i have a higher risk of stroke due to afib, a type of irregular heartbeat not caused by a heart valve problem. but whatever trail i take, i go for my best. so if there's something better than warfarin, i'll go for that too. eliquis. eliquis reduced the risk of stroke better than warfarin, plus had less major bleeding than warfarin. eliquis had both. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking eliquis, you may bruise more easily... ...and it may take longer than usual for any bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. i'm still going for my best. and for eliquis. ask your doctor about eliquis.

when i was too busy with the kids to get a repair estimate. i just snapped a photo and got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance [he has a new business teaching lessons. rodney wanted to know how his business was doing... ...so he got quickbooks. it organizes all his accounts, so he knows where he stands. ahhh...that's a profit. way to grow, rodney! visit quickbooks.com.

>> i'm lea gabrieled with the fox report. police believe a deadly attack in afghanistan killed six aid workers, this happened north and west of the capitol of kabul. the red cross reports operations in afghanistan are now on hold. emergency workers say about 15,000 people are homeless after a massive fire torched homes in philippines. the flames broke out overnight in manilla. some of the victims searching through the debris for what is left of their belongings. no word on how the fire started. forecasters warning people in the san francisco bay area about the risk of even more flooding there. that is after heavy rain caused mudslides. video shows the moment a mud

wall crashed through a home. news continues with shep after this. tuff. like what? like a second bee helmet with protective netting. or like a balm? you know? or a cooling ointment for the skin. how about a motorcycle? or some bee repellant. i'm just spit-balling here. nothing stops us from doing right by our customers. ally. do it right. told you not to swat 'em.

ally. do it right. dearthere's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced, our senses awake, our hearts racing as one. i know this is sudden, but they say: if you love something... set it free. see you around, giulia ♪

>> shepard: democrats are rallying around senator elizabeth warren after republicans voted to silence the massachusetts lawmaker during a debate on senate ever jeff sessions nomination for attorney general. senator warren was reading a letter that martin luther king's window, coretta scott king, wrote in 1986. at the time sessions was up for a federal judgeship. mrs. king called his actions as a federal prosecutor reprehensible. a senate committee later voted against his nomination because of questions about his civil rights record. last night republicans said warren was breaking senate rules by challenging sessions' character. then they voted to kick her off the floor for the rest of the debate. here's part of that exchange. >> mr. president -- mr. president -- >> the majority leader. >> the senators impugn the motives and our colleague from

alabama as warned by the chair. senator warren says "senator sessions has used his off to chill the vote by black citizens." i call the senator to order under rule 19. >> mr. president, i'm surprised that the words of coretta scott king are not suitable for debate in the united states senate. i ask leave of the senate to continue my remarks. >> shepard: she didn't get that. democrats claim republicans have not punished their own senators for breaking the same rule. other democrats have been reading for coretta scott king's letter during a debate. and the democrats are trying to derail the president's cabinet picks or make a point that they tried to. all of the president's nominees are expected to pass since republicans are in complete control. mike emanuel is live on capitol

hill. mike, how rare is the enforcement of this senate rule? >> it's very rare. we found two examples from thor will i mean 50s of enforcement of this rule. of course, these are most unusual times here on capitol hill when you have the united states senate meeting around the clock. republicans have complained that confirmation of the trump cabinet has been the slowest since george washington. my colleague, peter doocy, asked about the clash. >> i didn't go in looking for a fight. i didn't go there looking to invoke rule 19. but as the presiding officer, you listen to what is being said on the floor of the united states senate. we need to hold both sides to a higher standard to ensure that we have civil discourse, spirited discourse, yes, but ensure that we follow the rules of the united states senate. >> the around-the-clock sessions may be wearing on united states senators that have been up all night debating each cabinet nominee as they come up and continuing the debate all day

long, shep. >> shepard: chuck schumer is the leader of the democrats. what is he saying? >> he said the republicans have ignored it other times when the rule may have been violated. he's accused of republicans of being anti-free speech. >> the only speech being stifled is speech that republicans don't agree with. even speech that is substantive, relevant, on point to the matter this body is considering and appropriate and measured in tone. >> this is something that democrats are feeding off as their base is furious with the trump cabinet nominees. so they've been fighting the nominees. now they have a new issue on behalf of senator warren and still it appears that the three cabinet nominees who are scheduled to have votes this week are expected to be confirmed, shep. >> mike, thanks. let's turn to lisa lair from the

associated press what is your take on this? >> elizabeth warren could have possibly kicked off her presidential campaign. she's been a boon for the liberal establishment. democratic groups are raising a lot of money off this whole incident. so this definitely has struck a nerve with the democratic base. >> shepard: was there thinking about this, as you're reporting, according to your reporting on behalf of the republicans, is this something that just happened on the fly? >> you know, senator mcconnell is really a big believer in congressional decorum and congressional tradition. so this is the kind of thing that would, you know, sort of get his nerve up. these guys have been debating

around the clock over these nominees. so it's not surprising. but it is a relatively arcayan rule. it was created in the early 1900s after there was a fist fight on the floor. it's an unusual interpretation. >> shepard: is there any suggestion that senator sessions' confirmation could be derailed or is this a bunch of chatter? >> it's a bunch of chatter. democrats know they don't have a whole lot of ability to stop these nominations. they can pass on 50 votes. republicans have more than a 50-vote majority here. so the only thing they can really do is make a lot of noise. that's what you see them doing and what you see their base demanding. when senator warren voted for the hud secretary, she got a huge blow-back from democrats across the country. this may help redeem her in the eyes of the liberal base. that sent a message to all

democratic senators that they are their party and the people don't want them voting for any of the trump nominees. >> so had elizabeth warren been allowing to read the letter of coretta scott king that wouldn't have changed the outcome. mitch mcconnell making this procedural matter won't change the outcome and what happens next won't change the outcome. from both sides, it's all politics. >> it's all politics. we're in the capitol. usually all politics. >> shepard: usually is. sometimes though as in confirmation hearing from a couple days ago, you have 50. you're trying to pull one more over, trying to derail betsy devos as the education secretary. that seemed like a real fight. as you started out, for elizabeth warren, this is a campaign kickoff. is this resonating with the left wing? >> it's definitely resonating with the left wing. activists say they're raising

money off of this. i've seen a lot of democratic fund-raising, e-mails going out. they see an opportunity to tap this energy and this anger in their base. for republicans, it's trickier. the senators up here are calling for decorum but they have a president that doesn't mince words in how he addressed federal judges, all kinds of people that oppose -- he feels oppose his agenda. so it's discordoned with what is happening here and the white house. >> thanks, lisa. >> thanks. >> shepard: the senate could vote on the president's pick for health and human services secretary at 2:00 or 3:00 a.m. according to our team on capitol hill. tom price could speed up the process of replacing obamacare or the affordable care act, same thing. he's proposed his own replacement plan in congress. the president has said as soon as the senate confirms him, the

white house will release that plan. peter doocy is on capitol hill. why is this vote coming in the middle of the night? >> because democratic leaders are sticking to their plan to make everybody wait 30 hours between the procedural vote and the final vote on these cabinet secretaries that trump wants to join him at the white house. that's even though this run-out the clock strategy did not derail betsy devos on her way to becoming education secretary and democratic allies used that whole time to try to peel another senator on the opposition. unsuccessfully. so the middle of the night is where they will vote on price for hhs. that's when they're going to do it. they're trying to repeal obamacare. there were some ethical concerns raised by some on the left and stock trade that congressman price made and whether or not he benefitted from information he learned as a lawmaker while he was trading stock. i spoke with senator oren hatch.

he says he thinks not only will price get confirmed but mnuchin as treasury secretary. >> and any word on time line for as they put it repealing and replacing the affordable care act? >> a lot of talk about that, but not a lot of clarity this week because president trump said in an interview over the weekend, he thinks they could wait till next year but doesn't seem like prominent republicans want to wait that long to repeal and replace obamacare. the majority with john cornyn said he thinks it could be on the table in the next 30 days or get the ball rolling. remember, though, this is the number one thing on the agenda that congressional republicans laid out just last week and the week before. they do control both houses of congress here, shep. >> shepard: peter, thanks. an iranian baby that needs

life-saving heart surgery has arrived in portland, oregon. president trump's travel ban blocked the 4-month-old girl and her family from coming to the united states. the federal government eventually issued a waiver for that family on the same day that that judge blocked the president's executive order. the baby looks well. she has a heart defect that damaged the child's lungs, but she still is expected to live a full and active life after the operation. an update ahead on the violent tornadoes that i mentioned in louisiana. one twister devastated one of the hardest hit areas from hurricane katrina. now victim there's are again having to comb through what is left of their homes. that's coming up from the fox news deck.

>> just in recently, a story we've been following, five circus performers are hurt after

they fell 25 feet from a tight rope. that's what firefighters down in sarasota, florida tell our local station there, wtvt out of tampa. this happened earlier this afternoon. we're told the performers were rehearsing for a show featuring the famous dare devil nick wallenda. he was right on the tight rope at the time. he was not hurt. the word is the tight rope just snapped. the head of the circus arts conservatory called it a terrible accident. >> accidents do happen, as we know. a circus artis, sometimes we're compared to nascar drivers, formula 1 drivers that push the limit. i'm sure that nick wallenda will want to go back up on the high wire as a true circus artist. i will tell you, the show must go on. >> five hurt. four serious. now they tell us at least two have critical injuries.

let's update extreme weather alert now. the storm system headed for millions here in the northeast. it was just this time yesterday that we were told 1-3 inches of snow here in new york city. it's from there now. forecasters expect to start in ohio valley and move east. the work in new york city. somewhere around 5:00, 6:00, 7:00, 8:00 a.m. so in the middle of the morning rush hour. our extreme weather team says during the worst of the travel, in the rush hour around sunrise, traffic will be difficult if not i'm pocket. that same storm system already spun off at least six tornadoes in louisiana. one of those tornadoes tore right through new orleans east. the same area of town that hurricane katrina decimated more than a decade action. we have amateur video of the

tornado outbreak from new orleans. something got very close to the twister posted on instagram. the debris flying everywhere. at one point you can see a truck being swept across the parking lot. you see that? a witness that was at home at the time said at the very first, he didn't realize what was happening. >> went through my bedroom. i heard the wind. sounded like a train coming that hit the house. all of a sudden, the roof flew off the top. i ran in and grabbed my son. we got in the hallway. that's when everything collapsed. the wind was tossing me and my son from side to side. >> the tornado just destroyed homes and businesses, as you can see from the aerials, flipped cars and trucks and left thousands with no power at arm. no deaths. today people are getting a look at the mess left behind.

images in our slide though this afternoon. they're not pretty. this man searching through the rubble in new orleans east. we're told he's looking for glasses. hard to do when you don't have your glasses. this woman staring at the piles of stuff in her damaged home. some memories to be found. people lucky enough to recover priceless items like these family photos. emergency workers including this new orleans firefighter going into each damaged home. thankfully nobody has been killed as far as we know. here's a woman hugging her granddaughter after a tornado tore right through their building in their own neighborhood. kasey stegall with the news now. the national weather service said damage consistent with an ef3 tornado. >> yes, the information just coming in from the ground crews surveying the devastation and getting an up close and personal look at the devastation.

meteorologists with the national weather service believe at least one of yesterday's twisters has the hallmark of an ef3 storm, which can pack winds of 136 to 165 miles per hour. the strongest on the scale as you know, an ef5. the bright flashes of lights, those are power lines and transformers exploding at the base of the cloud. this cell phone video, the man recorded a roof of his workplace just peeling off and disintegrating. rescue workers say it's a miracle nobody was killed or seriously injured considering how long some of these tornadoes stayed on the ground. the mayor of new orleans estimates, shepard, that 5,000 structures have been destroyed including 300 homes. >> some of these are overlaps. they got hit in katrina and now they're hit again. >> yeah.

just makes it absolutely hard breaking. you know, the bulk of yesterday's damage was done in this area called new orleans east. it's just north of the mississippi river. it abuts up against lake ponchartrain. much of that region was inundated with water. it's very close to the lower ninth ward. not a lot of the same places are littered with debris. one woman who took shelter in her bathtub says this was more frightening. >> getting real dark here. the wind changed. then i saw the debris flying. i knew something was happening. i'll take a flood any day over a tornado. there's no warning, no preparation. >> some people report only having 45 seconds or so to duck and take cover. the national guard, by the way, has been deployed to assist residents and prevent any possible looting. >> casey stegall, thank you. nor the first time an american

city is offering free community college to every single person that lives in that city. no matter what you make, even billionaires. who pays for that? could it kickoff a national trend? we'll talk it over with kennedy. that's next. my insurance rates are probably gonna double. but dad, you've got... ...allstate. with accident forgiveness they guarantee your rates won't go up just because of an accident. smart kid. indeed. it's good to be in, good hands.

don't put off checking out your medicare options until 65. now is a good time to get the ball rolling. medicare only covers about eighty percent of part b medical costs. the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. like all standardized medicare supplement insurance plans, they could help save you in out-of-pocket medical costs. taking informed steps really makes a difference later. that's what it means to go long™.

call now and request this free decision guide and explore the range of aarp medicare supplement plans. all plans like these let you choose any doctor or hospital that accepts medicare patients. these are the only medicare supplement insurance plans endorsed by aarp. call now and request your free decision guide... and start gathering the information you need to help you go long™.

>> shepard: san francisco is now set to become the first city in our country to offer free community college to everybody who lives there. city leaders say the money comes from a new tax on properties that sell for at least $5 million. the mayor says this move aims to reduce wealth inequality. the plan covered everybody. kennedy is here from the fox

business network what do you think? >> i think it's a horrible idea. we shouldn't fund every dream of lazy people that live in places like san francisco. if you have actually been to community college in california, you realize it is so crowded. these schools are so over wrought with some ambitious people that those trying to get to four year schools can't get good classes because everybody feels entitled to go to school. the problem is, they don't finish their classes. they go for two weeks and take everything up so you can't get in in the first place. so for real students, the ones that, hey, college is free, my dad just fired me from his pastry shop so i may get a welding certificate -- >> they have the weirdest accent apparently. >> yeah. >> shepard: as the city would put it, right now you have k-12 across the country. that was good enough. that's not good enough anymore. you need a higher level of education. san francisco says just like for

high school students, we're going to pay for this for community college students. that's their argument. >> they don't pay for it. we do. >> shepard: the taxes pay for it. >> if you're going to get a degree that gets you a great job, you should pay for your education. there's no incentives for the schools to keep costs down. there won't be at community college. now the class sizes are already so stretched. there's going to be more people shoe-horned into them. frankly it's not the way to get rid of the wealth and inequality issue in a place like san francisco. that issue happens because there's too much government in the first place. the only people going to these city colleges, not even a community college, the city colleges are billionaires because nobody else can afford to live in san francisco, which by the way is a great city. >> shepard: there's this argument that if you are a student that you don't have the means in your family but you have good grades, there's all kinds of grants and possibilities for you across the nation. if you have the grades and

you've worked hard and you can't afford it, there's a way already. >> the community college system in california is heavily subsidized. so are all of the state's schools. so if you want to get to college, get good grades. community college is a great way to go if you want an inexpensive and wonderful education in the state of california. go there for two years. you get your lower division out of the way and then you can move on to one of the u.c. or cal state schools. >> which are fantastic. >> shepard: see you tonight at 8:00 on fox business network. >> that's right. >> shepard: see you after this. you know...diarrhea? abdominal pain? but we said we'd be there... woap, who makes the decisions around here? it's me. don't think i'll make it. stomach again...send! if you're living with frequent, unpredictable diarrhea and abdominal pain, you may have irritable bowel syndrome with diarrhea or ibs-d - a condition that can be really frustrating. talk to your doctor about viberzi. a different way to treat ibs-d.

viberzi is a prescription medication you take every day that helps proactively manage both diarrhea and abdominal pain at the same time. so you stay ahead of your symptoms. viberzi can cause new or worsening abdominal pain. do not take viberzi if you have or may have had pancreas or severe liver problems, problems with alcohol abuse, long-lasting or severe constipation, or a blockage of your bowel or gallbladder. if you are taking viberzi, you should not take medicines that cause constipation. the most common side effects of viberzi include constipation, nausea, and abdominal pain. stay ahead of ibs-d... with viberzi. tech: don't let a cracked windshtrust safelite.plans. with safelite's exclusive "on my way text"... you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) safelite repair, safelite replace.

>> shepard: on this day in the year 1910, the boy scouts of america formed. the organization started in england. a business man from chicago was over there visiting. he said he was inspired to bring them back to america. he said he got lost in the fog and a boy scout guided him to where he needed to go and refused to take tip. more than 100 million people

have been involved with the scouts here in the united states. after a good deed led to the boy scouts of america more than 107 years ago today. neil cavuto's turn. >> neil: >> that's all we needed that image, that altercation, that silencing. and then the fallout. take a look. >> they hate trump, and i think that's a fair word. you don't hear them behind the scenes. >> people around the world throw chairs and punches. i ask, how does that make you feel about those countries? there's no confidence in that. i'm not anywhere near that tonight but we're flirting with it. we're flirting it with this body and flirting with it in this country. >> if we could erase