down with the ladies of "the view" and the paper back release of my book. i had a good time being there. thanks. i'm dana. here's shep. >> shepard: it's noon on the west coast, 3:00 in washington. there's word of new trouble for the former fbi director andrew mccabe. he lost his job and fighting to keep his pension after a report that he lied to investigators. now he could face criminal charges. we'll take you to the syrian border to listen to people that said they survived the chemical attack. and the firefighters that stepped out to help a woman on a southwest airlines yet and a woman was nearly sucked into the sky. >> i'm trained for emergency situations. that's what it was. >> shepard: let's get to it. >> good thursday afternoon from

the fox news deck. the fired fbi director andrew mccabe could face criminal charges. a source tells catherine herridge that the justice department's inspector general sent its findings to mccabe or on mccabe to a top federal prosecutor in d.c. last week the inspector general sent congress a report ripping into mccabe for lying to investigators, sometimes under oath. last month jeff sessions fired andrew mccabe the day before his retirement denying him benefits. and mccabe denied he did anything wrong and the trump administration is attacking him for political reasons. last week he threatened to sue the president and his team. catherine herridge is live on capitol hill. catherine? >> shep, this has been pretty tough to confirm independently because criminal referrals are meant to stay secret.

it's been confirmed to fox news that it was made by the justice department's internal watch dog, the inspector general and made to the u.s. attorney's office here in washington d.c. for deputy, former deputy director andrew mccabe and it was over evidence that he lied four times to federal investigators and three times under oath over his role in a media leak about the clinton foundation. what we don't know is whether the u.s. attorney has sufficient evidence to warrant a criminal prosecution. in this case, it would be on 18 usc 1001, which is the federal lying statute. the other thing we're trying to work out in the last hour, it does appeal the referral was made sometime after february or in late february. that is when the inspector general finished his investigation of the leak involving mccabe and we believe presented that evidence to the u.s. attorney general here in washington, shep. >> shepard: what is the status of congress getting comey's

memos? >> well, this is an entirely fluid situation here on capitol hill. two of our contacts have said that its possible that the comey memos may be provided to capitol hill at some time late today. that is not firm. one contact has just told me in the last few minutes that while it's sort of a lot of movement with the memos, the republican chairman of the house judiciary committee, bob goodlatte has been drafting a subpoena in order to force the justice department to provide the memos. a week ago, three committees, the republican chairman asked for the memos to be provided. the deadline was monday. it was missed. the justice department got an extension and that brings us to today. i think what the public wants to know is when they're going to see the memos. there's seven based on our record, four have classified information, either a secret or at the confidential level. contacts on the hill said they want to make every effort to

release the memos as soon as possible if they don't contain classified information or if the memos are provided to the hill in a heavily redacted form. that has yet to be decided as well, shep. >> shepard: catherine herridge working the story on the hill. thank you. there's word north korea is willing to talk about giving up its nuclear weapons and dropping a demand its made for decades. that's according to south korea's president. kim jong-un is no longer insisting that u.s. troops leave south korea as a condition for complete denuclearization. the demand has been a major sticking point between washington and pyongyang. north korean leaders have said that they need nuclear weapons, they need them because the tens of thousands of u.s. troops stationed next door. president trump says he will probably meet with kim jong-un in early june. if so, it will be the first time a sitting american president has met with a north korean leader.

john roberts is live down in the palm beaches near the president's resort. john, today we've heard from the president that there's conditions under which this won't happen. >> well, yeah, there could be. he wants to make sure that any meeting that they have is going to bring results and that kim jong-un is just not playing games. you know, shep, when you look at how the ground has shifted over just the last few weeks, it really is quite remarkable. they have gone from the hurling insults at each other and calling each other names to the president saying there's the budding of a good relationship here, now respect between the two countries after mike pompeo traveled to pyongyang over easter weekend. the president said maximum pressure will be kept up. and the japanese prime minister said that north korea can't be

given any gifts, that it has to take concrete action and that has to be demanded by all parties involved. the president yesterday in a press conference with shinzo abe pushing back against his critics that think he may get played by north korea in this meeting saying he's prepared to leave kim jong-un sitting there if he thinks the talks are going nowhere. listen here. >> if the meeting when i'm there is not fruitful, i will respectfully leave the meeting and will continue what we're doing or whatever it is that will continue. but something will happen. so i like always remaining flexible and we'll remain flexible here. so we've gotten us here and i think we're going to be successful. >> we will see. the president sounding an optimistic note about the possibility of sitting down with kim jong-un. denuclearization is the major issue. there's subissues as well.

one is the three americans that continue to be detained by north korea. mike pompeo brought that up in his meetings by kim jong-un and as well, the issue of the 17 japanese abductees that have been in north korea now for a long time. the president assuring shinzo abe yesterday, shep, that he will bring up that matter saying it's important to abe, so it's important to me. shep? >> shepard: john, what do you know about the possible locations for a meeting between these two leaders? >> well, the president said early they are week that they narrowed it down to five. i've been trying to narrow down my sources. i've come up with three good possibilities. one is singapore, which is close to the korean peninsula, which may be good since kim jong-un doesn't like to travel. another one under the s ladder, sweden and a third one, switzerland. i'm told as well that some other

locations still under consideration, probably the far less likely could be vietnam or malaysia. again, it's how far kim wants to go when he went to beijing, he went by train. there's speculation that his aging fleet of aircraft may not take him halfway around the world. there's the idea that the president doesn't want to travel most of the way around the world to meet kim and have the meeting fall apart. we are told by white house sources that a few places they won't meet, they won't meet anywhere on the korean peninsula. that includes pyongyang, there on the border and seoul and also not beijing. white house officials telling us if we had it in beijing, we might as well invite the chinese to the table. they'll be listening in any ways. shep? >> might be listening in any way. john roberts live down. good to see you. let's go to tara maller now. spokesperson and senior policy adviser for the counter

extremism project. good to see you. >> good to see you. >> shepard: what do you think of this venture? >> it's promising and i'm looking forward to getting people to the table to talk. we're still a long way. a lot of preparation, a lot of planning and expertise that needs to be brought to the table here. this is not a meeting you go into unscripted or into with off-the-cuff remarks. you need a clear strategy and what the united states is willing to give and what we're trying to get and a strategy for getting there. >> shepard: the idea of them talking, are there areas in which the united states can't give that give you concern about how this may come out? >> there are. i don't think the united states is going to go in there with a strategy of turning overturn. my concern is that in order for these parties to get to the table and talk, you don't want president trump to off-the-cuff make promises that the follow-up negotiations and talks that will probably take place after this

with the details won't be able to be fulfilled. for example, we have obviously very strong security commitments with troops in south korea and japan. that's something that the united states has been unyielding on, as we should be. that doesn't mean we can't have small reductions, but that would be problematic. and then there's also, you know, military exercises that we do other military equipment in the area. these are things that the united states has historically had strong security guarantees for our asian allies. we don't want to create instability. we can't be looking out for the united states interests. the real question, my real concern, the verification. what does denuclearization mean? are we trying to get them to get rid of everything? do we know where everything is? if we don't, how can we ensure that we're going to inspect or

just trying to freeze missile launches or certain type of nuclear activity? these are things that the state department, the cia, the administration all needs to be thinking about as they go into these talks. >> shepard: is there any danger -- i mean, these two leaders sit down. what happens if the leader from north korea doesn't play by the rules as previously established? i guess there's risks inherent with any sort of negotiation. in your estimation, is the risk worth taking? >> at the end of the day, if it's a personal negotiation, a business deal, an international negotiation, it boils down to individual personalities and psychology in terms of how the meeting will pan out. that's not to say the preparation itself can't lay the ground work for a successful meeting. but you're correct. we're dealing with two i'd argue unpredictable personality types, this is an unprecedented meeting. i know president trump has made comments if it's not going our

way, he will walk out. that can have ramifications, too, in terms of national security and what may or may not prompt that outcome. the other thing nobody is talking about, are there cameras in the room, who else will be present? it's going to involve other people. is there a transcript, is there any part of this that is public, all things that we need to look at as we approach the meeting. >> shepard: tara maller, thanks so much. >> thank you. >> shepard: the first vote is days away on mike pompeo's no neighbors to be the secretary of state. he's facing opposition from one republican. his chances of confirmation just got better thanks to one particular democrat. the details on that coming up from the fox news deck on this thursday afternoon. your brain changes as you get older. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory.

prevagen. the name to remember. i had a very minor fender bender tonight! in an unreasonably narrow fast food drive thru lane. but what a powerful life lesson. and don't worry i have everything handled. i already spoke to our allstate agent, and i know that we have accident forgiveness. which is so smart on your guy's part. like fact that they'll just... forgive you... four weeks without the car. okay, yup. good night. with accident forgiveness your rates won't go up just because of an accident. switching to allstate is worth it.

are made with smarttrack®igners material to precisely move your teeth to your best smile. see how invisalign® treatment can shape your smile up to 50% faster today at invisalign.com

>> shepard: the u.s. senate is pushing ahead with president trump's pick for secretary of state. the senate foreign relations committee is set to vote monday or mike pompeo's nomination. it's not clear whether the panel will have the votes to officially recommend the cia director for the new job. either way, the entire senate is expected to vote next week. republicans have a slim margin. senator john mccain is home in arizona getting treatment for brain cancer, so republicans can afford to lose by one vote. the kentucky senator rand paul

says he is a no. so there's the vote. president trump called him out over it yesterday. the senator met with pompeo today, but so far no indication that anything has changed. rand paul is for now a no vote. then there's arizona's jeff flake. he's not said which way he's voting. fox news has just confirmed the north dakota democrat heidi heitkamp will vote yes on mike pompeo. so that, if you will, sort of cancels out rand paul's no. there's more to come on this. let's bring in alaina treen covering this for axios. does it look like a confirmation is probably going to happen or are there other republicans, jeff flake, that may vote no? >> there's a lot of undecided. before we learned that mike pompeo had gone to north korea to meet with kim jong-un, it was liking more unlikely that he would get confirmed.

now a lot of conservative groups, the white house, mcconnell is showing that he's already negotiating on behalf of the president and basically doing his job. let him finish it out and get this meeting done with president trump. as we head in the senate foreign relations committee is going to vote on this on monday. as you said, it's still unclear. there's a lot of democrats opposing him. nine of the ten democrats on the committee don't want him to be secretary of state. the only democrat that is undecided is chris coons. so it's looking like it might not get that favorable recommendation, the first time in 100 years for a high level cabinet member. but it seems there's the vote on the full senate floor to do that. >> shepard: is this purely politics? why should the sitting president of the united states not have who he wants as a secretary of state? what is the beef? >> well, what a lot of republicans are arguing is that this is completely partisan

politics. it's really a national security interest. a national security liability to not have someone like pompeo or anyone else in that possession for secretary of state, especially with this north korean meeting coming up on the table. >> shepard: what is the complaint? is it about human rights? what is it? >> a lot of people, most of the complaints that we're hearing, especially the people that had voted yes for him to be cia director like tim kaine and senator shaheen, they voted yes for him to be cia director. now that he's up for secretary of state, they're saying it's more of a policy decision. his stance on some of these human rights issues, he's against a lot of lgbt issues, reproduction rights, the muslim community. those are things that democrats are saying they can't get behind for a position like this. >> shepard: the issue of islam is one that has come up repeatedly. how has mike pompeo, when asked

about that, he seemed to try not to answer it on confirmation hearing day. >> right. seems like he's still trying to stay away from that. really what has happened is, and he said this with a lot of issues that people are targeting him on now, he said despite his views like with the lgbt community and with islam and the muslim community, despite what he believes, he doesn't -- he's not going to let that determine what he does in his role of secretary of state and he never let that get in his way while cia director with anyone from those communities that were serving on his team. >> shepard: so his point is i may have some divisive personal opinions but i won't let them get in the way of my job? >> that's his point. the democrats argue that it's basically unavoidable to let your divisive opinions get in the way of that. >> shepard: we'll watch the vote. it's not settled yet. republicans say it's probably going to happen. you never know until they cast the votes. thanks, alayna.

>> thanks, shep. >> shepard: ahead, we go to the syrian border and talk to those that survived a chemical attack including one man that said doctors warned that they could only treat people that had a chance of surviving. the harrowing story next. ain mao sleep and get up on time. then i found aleve pm. the only one to combine a safe sleep aid... ...plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am.

with exciting new dishes like lobdueling lobster tails.r. and lobster truffle mac & cheese. classics like lobster lover's dream are here too. so enjoy these 10 lobsterlicious dishes now. because lobsterfest ends april 22nd.

in your noise cancelling trheadphones?ry maybe not. maybe you could trust you won't be next to a loud eater. (eating potato chips loudly) or you could just trust duracell. (silence) ♪

you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> shepard: international inspectors are still waiting to reach the site of that suspected chemical attack in syria in the town of douma near damascus. the state department spokes woman said minutes ago that the united states now believes the russians are helping the syrian regime clean up the site before inspectors can get in there. now we're hearing from people that say they survived the attack. >> we were sitting in the cellar at dinner time, around 7:30. we started to hear a lot of

shelling sounds. after that, we started to smell chlorine, a very strong smell. >> one had broken the roof and was stuck. the barrel was about five feet long. yellow. made of thick metal. >> i couldn't see with my eyes because of the tears. i couldn't breathe. i couldn't take a breath. my heart started to beat fast. my daughter started to turn blue. >> i ran to the basement and found my children and my wife on the ground with foam at their mouths. i carried my children to the hospital. >> everybody died. my wife, my brothers, my mother. they're all dead. >> doctors said they only had room to treat those that had a chance of survival. they left the others to die. >> shepard: some people they said they survived have crossed into turkey where they're talking to our benjamin hall. one man says that he saw one of the suspected chemical weapons up close. ben is with us from turkey near the syrian border. ben, tell us about the

conversation, if you would. ? shep, a few days ago, fox news found out some of the first survivors were crossing into turkey, escaped from douma and heading north. we've been listening to their stories. there's a concerted effort on the part of the russians, the iranians and the syrians to pretend that this did not happen, that we wanted first-hand evidence. speaking to them will leave no doubt this was a chemical attack. this comes from a person that has spoken to many survivors in the passed. the videos we see here are not what we can show you on air. they're too graphic. that's evidence for us. but they come across the border and many are too afraid to talk. they fear for their families in syria. they fear for themselves.

you hear graphic stories. people that have lost entire families. as you heard in a sound bite there, people cowarring in cellars and barrel bombs that cannot be directed. they're not targeted at anything. you hear about the young babies and images of babies that have died. there's little doubted now this was indeed a chemical attack and carried out by the syrian government. that is based on a november of reports that track syrian government helicopters over the buildings that were attacked and knows they were there and dropped those specific bombs. you've seen the images there. so being here on the ground is important reporting for those reasons. shep? >> shepard: what is the excuse for prohibiting access to inspectors? >> well, you know, the opcw, the

organization for the prohibition of chemical weapons has been here four days. every day they're trying to get to douma. yesterday they came on gun fire. that was blamed on rebels. having spoken to the rebel commanders, there was a deal with the russians and the rebels to evacuate and bust out all rebel fighters. that was a consequence of the gas attack itself. we know there's no rebels in the area. that story doesn't stand up. there's stories about russian and syria and the iranians cover this up. we've heard they have found the graves of the people died in the attacks and taken the bodies away. they have intimidated the doctor at the hospital who tested and treated these patients. their families have been threatened. samples that may have tried to get out have been taken. there's a concerted effort on the part of syria and its allies to keep this story under wraps

and prevent the evidence from getting out what we know is that samples in the ground only last for two weeks. beyond that, they can't be tested. it's 12 days since the chemical attack. in two days, you will no longer be able to test. >> shepard: reporters having a hard time getting in, right? >> a very hard time. a careful of friendly reporters have come in with the russians and they said they didn't see anything at all. reporters like ourselves have had a more difficult time. we've been trying to get in and come across a number of different barriers. we have people on the ground that are willing to take us in, but we cannot get across. they're keeping it closely under wraps. we try to bring you everything we can from here. the evidence is mounting from what we're learning. >> shepard: benjamin hall on the ground there. the fbi offering up to a million dollars for help finding the

american journalist who has been missing in syria for five years now. his name is austin tice. he's from houston. he disappeared in august of 2012 while covering syria's civil war. a month later, a video surfaced showing arms men holding him blind folded. tice served as a marine and reported for "the washington post" and cbs news. his parents believe he's still alive. some of the heros of the southwest deadly flight are speaking out. and another engine forcing an emergency landing. this is a new one. coming up what happened in this case.

experience a blend of refined craftsmanship... ...and raw power, engineered to take the crown. presenting the all-new lexus ls 500 and ls 500h. experience amazing, at your lexus dealer. (vo)is ahhhmazing!ful simple goodness meaty morsels. a tender texture. with real meat and a blend of peas and carrots i can see. a totally new kind of awesome going on here! (avo) new beneful simple goodness. tender, meaty morsels with real ingredients you can see.

>> shepard: prosecutors in bill

cosby's retrial put their land witness on the stand today. cosby admitted that he gave the accuser over the counter drugs to help her relax. she says that he drugged her and molested her. he's pleaded not guilty. investigators in russia say that a former spy's daughter before she flew to the united kingdom where she and her father were poisoned. they say they retraced her trip from her home in moscow to the airport and found no evidence of poison. russia denies any involvement. robots in singapore completing the seemingly impossible task of building ikea furniture. scientists say it took 20 minutes to put it together. insert your joke here. mike: i've tried lots of things for my joint pain. now? watch me. ( ♪ )

joni: think i'd give up showing these guys how it's done? please. real people with active psoriatic arthritis are changing the way they fight it. they're moving forward with cosentyx. it's a different kind of targeted biologic. it's proven to help people find less joint pain and clearer skin. don't use if you are allergic to cosentyx. before starting cosentyx you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms of an infection. or if you have received a vaccine, or plan to. if you have inflammatory bowel disease tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. mitzi: with less joint pain, watch me. for less joint pain and clearer skin, ask your rheumatologist about cosentyx.

>> shepard: an off duty firefighter that helped pull a woman inside the damaged southwest airlines plane says he's no different than any other

firefighter in the country. andrew needham said he felt the calling to do something. but first, he said he got the okay from his wife. >> i looked in her eyes. she basically gave me the approval to go back there. i think she told me to go. >> i'm proud of him. this is a calling he has. he's amazing. >> needham expressed his condolences to the family of the woman he pulled back in the jet. she later died despite their efforts to save here. alea gabriel with the news. we're hearing from other passengers that tried to help as well. >> yes, after needham and another passenger pulled riorden back in, another passenger

helped. >> at that point, you don't think about it. you look at it and you assess the scene. andrew was giving compressions. i told him that i was a registered nurse and i would assist him and we traded out. i attempted to establish an airway. i didn't feel like i ever got an airway established very well. there was no pulse. >> they stuck with it anyway. phillips said that's part of being a first responder. we also heard from the captain and the first officer whose passengers have been praising. they said in a statement -- >> and they said, shep, right now they're just really focusing on the investigation. >> shepard: what are you hearing in the way of details on the investigation? >> shep, the npsb said and

engine fan blade broke off. microscopic wear and tear on the fan blade. the agency had been working to collect parts that came off the plane in flight like these pieces of the engine cowling. we learned that the engine manufacturer recommended ultra sonic inspections of certain fan blades in a 12-month period. that's after an engine failed two years ago on a southwest flight. you can compare the damage here. southwest pushed back on the inspections saying they needed more time to do them. the faa has not made the inspections mandatory but said they will in the next two weeks. it's not yet known in the engine that failed tuesday would have been inspected under that directive had the faa made it mandatory. >> shepard: thanks very much. appreciate it. another scare in the sky to report, a delta plane set the fly across the atlantic had to

turn around, make an emergency landing according to engine problems. here's a video. you can see black smoke pouring out the wing there. happened a few minutes after take off from atlanta last night. close to 300 people on board the airline. nobody hurt. the federal aviation administration is looking to whatever this is. you can see crews hosing down the jet after it turned around and landed. delta reports safety is a top priority and apologized to their customers. for the first time in half a century, cuba has a new president not named castro. national assembly announced tied that they selected miguel diaz-canel to lead the island favorite. he was the only candidate. he replaced raul castro who took over for fidel ten years ago. whether it brings change is an open question. steve harrigan is live in havana

for us with more. steve? >> shepard, this was a soviet style ceremony from start to finish today. you had 604 members of the national assembly on their feet clapping in rhythm. of the 604, 603 voted for the single candidate. that's a win percentage of 99.8%. diaz-canel said that he did not intend to change anything on the ground. that's one thing that both sides seem to agree on. those that support the regime hand those that bitterly oppose it, especially lawmakers in florida. they said this election is more like a selection. it changes nothing on the ground here in cuba. for the new president, he's not a reformer by any stretch of the imagination. he's been a bureaucrat rising in the communist party. he's said to oppose small businesses. it's not really clear that the

policy of no change with the state cuba's economy is in today is really going to work to keep someone in power here. shepard? >> shepard: steve harrigan in havana. thanks. honoring a former first lady, barbara bush. in the days ahead, our nation will pause to remember and celebrate her life. barbara bush died in her home in houston tuesday. she was 92. the funeral is saturday. today folks have been paying respect to the private visitation and tonight houston is planning a public celebration of mrs. bush's life. last night city hall lit up in blue to honor her. the mayor says that was her favorite color and he's encouraging people to wear blue clothing or a string of pearls in honor of her memory. mike emanuel is live with more. mike?

>> shep, good afternoon. many are wearing blue, others wearing pearl. i'm standing in the barbara bush literacy plaza named for her after her many years in the white house and in the 25 years since leaving the white house, dedicated to her work on literacy. we've seen folks stopping by to sign posters, paying respects to mrs. bush and signing condolence bush. quite an outpouring of love for mrs. bush and the family. i asked a woman who had written a tribute who mrs. bush means to her. >> she's been incredible as both a role model for reading and a as somebody that has been an advocate for literacy. before barbara bush, we had first ladies that were interested in education, but none that promoted literacy itself. she was the first to do that. >> also behind me, you can see flowers and photos of mrs. bush here in the literacy plaza named after her.

people paying their respects to the first lady. shep? >> give us an idea what's coming up in the days ahead. >> you have mayor turner and also faith leaders gathering across the street tonight. the weather here in houston is perfect. so we're expecting a large crowd to gather for the city to pay their respects. that sets the stage for tomorrow at st. episcopal church. the public visitation is from noon to midnight. that sets the stage for the funeral on saturday, which will be private and feature the current first lady, melania trump coming down to pay her respects, former presidents bill clinton and his wife, hillary, former president barack obama and his wife, michelle and a couple of former presidents named bush and their family paying their respects to barbara bush. shep? >> shepard: mike emanuel, live with us there and everyone that knows her tells us what barbara bush would want us to talk about. the barbara bush foundation for

family literacy. it was her calling. dana perino and i will be heading to texas as the nation says good buy. dana will enter "the daily briefing" 2:00 eastern time, 1:00 in houston and i'll have coverage in houston saturday. the news continues after this.

touch is how we communicate with those we love, but does psoriasis ever get in the way? embrace the chance of 100% clear skin with taltz.

for people with moderate to severe psoriasis, up to 90% had a significant improvement of their psoriasis plaques. with taltz, 4 out of 10 even achieved completely clear skin. don't use if you're allergic to taltz. before starting, you should be checked for tuberculosis. taltz may increase risk of infections and lower your ability to fight them. tell your doctor if you have an infection, symptoms, or received a vaccine or plan to. inflammatory bowel disease can happen with taltz, including worsening of symptoms. serious allergic reactions can occur. ready for a chance at 100% clear skin? ask your doctor about taltz. try it for as little as $5 a month. ask your doctor about taltz. >> vo: they're getting by starting with miracle-gro potting mix and plant food. together, guaranteed to produce three times the harvest. more to enjoy... to share. three times the harvest. one powerful guarantee. miracle-gro.

>> shepard: the big screen is back in saudi arabia after four

decades. they banned commercial theaters in the 80s under an extreme crackdown by conservatives. the new crown prince is reversing that. he says it's part of a plan to modernize the saudi kingdom. here's a look inside the new movie theater set to open in riyadh. officials say they plan to have about 350 theaters likes this one by the year 2030. the saudis estimate annual sales could top $1 billion. another theater held a private screening of black panther last night. you might have seen pictures on social media. it's open starting this weekend. the a.p. reports says it has an alternate ending. the government cut out a final kissing scene. no kissing! the saudis say they will sensor and approve all movies that run. progress! a high stakes case that might leave you paying more for your cable bill. the justice department suing to block time-warner from merging with at&t.

the feds argue the merger could used as a weapon against competitors.time-warner's ceo says the doj's argument is ridiculous. time-warner owns cnn, one of president trump's favorite targets. the doj says this is not political. the fox business network's edward lawrence with the news. he's live in washington. what evidence is the department of justice using apartment this merger? >> shep, the department of justice is using internal memos from at&t and time-warner to make their case on this. in fact, this morning they tried to get in a consultant report to at&t that said that the merged company would be able to leverage or have leverage about distributors if they bought a programmer. all of this boils down to the at&t-time-warner side saying that they need to compete with tech giants google, facebook and amazon. however, they say that those tech giants have an advantage over them. they have all of the information

on their customers and they can target ads. but they also own all of the space that the digital products are now on like netflix, hulu and amazon. consumer advocacy groups say that may be true but -- >> when you look online, there's powerful companies. googles, facebooks. you can't discount that. but it's still the cable companies and at&t. they control the infrastructure and the wireless networks, control the pipes that those online services need to access. so they still have quite a bit of leverage, you know, going forward. >> time-warner's response to that is simply that the ad dollars are moving away from traditional cable into those digital products and the rise in cable prices for subscribers is to make up for the lost revenue, shep. >> shepard: when are we expecting a decision on the

merger? >> the at&t says that the last witness is that ceo on the stand right now. the department of justice has already rested their case, so we could hear a decision from the judge as early as monday or with his $85 billion merger, may want to consider the facts and make a case monday, shep. >> shepard: thanks, edward. wild fires burning a cross parts of oklahoma, scorching hundreds of square miles. dozens of counties under states of emergency. here's what's left of one fire engine battling the flames. the firefighters all made it out alive. an update on this next. you totaled your brand new car. nobody's hurt, but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do? drive three-quarters of a car? now if you had liberty mutual new car replacement™, you'd get your whole car back.

i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement™, we'll replace the full value of your car. liberty stands with you™. liberty mutual insurance.

>> shepard: wild fire alert. they're burning through western

oklahoma. it's a horror show. they've already incinerated more than 500 square miles. the area about the size of phoenix. the fires have killed at least two people so far and scorched dozens of buildings. the governor has declared a state of emergency across 52 counties. officials say the largest fire has been burning a week and 15% contained. firefighters could get a relief from calmer winds today and higher humidity. this has been awful. video shows a chopner dewey county. one of the areas the fire hit the hardest, the sheriff says the flames have burned at least 50 homes in the one area. this is like post apocalyptic, to quote the producer. isn't that what you said? a lot of smoke. that's for sure. you can see how much there is. the area has been very dry. easier for the flames to spread. this picture in dewey county.

scorched evidence everywhere after firefighters tackled the flames there. this photo from butler county fire department. engine number 3 is no more. this is 90 miles west of oklahoma city. just burned out. the firefighters posted some video of this on facebook. they said they heard a radio call for help followed by minutes of radio silence before they saw their own walk out unharmed. they're trying to get money together to replace that engine. check out this volcano in hawaii. scientists say lava could flow soon. local media record said past flows started just like this. scientists say it's impossible to predict where the lava might go but could threaten areas below. more than a million of americans getting back their electricity after a blackout left the entire island of puerto rico without power again. the power company reports those that had electricity before the

latest blackout have it again but thousands of families are still waiting for the lights to come back on seven months after hurricane maria. can you imagine? no power for seven months in america. what is wrong with us? utility officials say yesterday's blackout happened when a contractor accidentally damaged a transmission line. u.s. army corps of engineers showing restoration efforts on the island. it's a slow go. our console, playing a little hide-n-seek. cold... warmer... warmer... ah boiling. jackpot. and if you've got cut-rate car insurance, you could be picking up these charges yourself. so get allstate, . . are you in good hands?

you're trying to lower your very hwith a healthy diet... and exercise. and maybe even, unproven fish oil supplements. not all omega-3s are clinically proven or the same. discover prescription omega-3 vascepa. the one that's this pure... and fda approved. look. vascepa looks different... because it is different. it's pure epa. vascepa, along with diet, is clinically proven to lower very high triglycerides by 33% in adults, without raising bad cholesterol. that's pure power. proven to work. vascepa is not right for everyone. do not take vascepa if you are allergic to icosapent ethyl or any inactive ingredient in vascepa. tell your doctor if you are allergic to fish, have liver problems... or other medical conditions and about any medications you take, especially those that may affect blood clotting.

2.3% of patients reported joint pain. it's clear. there's only one vascepa. ask your doctor about pure epa prescription vascepa. ♪

>> shepard: on this day in 1973, pepsi signed on to become the first u.s. product for sale in the soviet union. as part of the deal the soda company auto would sell russia vodka in the united states. after the cold war, pepsi expanded into russia to try to catch up to coca cola. coke is still number one over there but russia is now pepsi's second largest market behind the united states after it cut a deal with the soviets 45 years ago today. should news break out, we'll

break in because breaking news changes everything on fox news channel. "your world" with neil cavuto is coming up a check of the markets and all the day's headlines on america's choice on news and information on cable. this is fox news. ♪ >> neil: all right. welcome everybody. i'm neil cavuto on fox on top developments that could be rocking the political and yet the market world as well. here's what we know. a report that surfaced first on bloomberg just a few minutes ago that said that rod rosenstein, the deputy attorney general had informed president trump that he was not, again not the subject of bob mueller's probe or would not be the target of that. secondly, and the other development that around washington and james comey is pushing a book right now. his former number two andy mccabe, it turns out the department of justice inspector general has sent a criminal referral on