to do to safe her baby. quickly as possible. >> awesome. the good news is, the operation the one thing they don't want to was a success for both dogs. do is come across human remains thanks for joining us. when the evacuation is lifted. i'm julie banderas. not knowing about homes and here's trace gallagher in for coupled with this unhealthy air shep today. adding to the anxiety for 52,000 >> trace: i'm trace gallagher in for shep. it's noon here in california evacuations. where the weather is helping to many shelters are filled to capacity leaving people camping slow down the state's deadliest wild fire. in parking lots. >> i'm at walmart parking lot. the flames have destroyed thousands of homes and families are looking for missing loved i'm in this tent here. i went from owning a house to ones. the justice department reports living in a tent. >> we got notice that we lost matthew whitaker can legally serve as acting attorney everything. >> it's very disheartening to know you're homeless. general. >> a lot of questions about the we'll talk to judge andrew napolitano with more. and a warning about america's road ahead. we're trying to walk through military power. this one day at a time at this experts say it has eroded to a dangerous degree and the u.s. point. >> nearly 6,000 firefighters could lose a war with russia or have the camp fire 36% china.

that's ahead this hour. contained. video taken from a drone shows most of the city in ashes. it's important to note the hospital, high school and city hall and several department we begin with a wild fire alert. stores did not burn. those buildings will serve as top federal officials on the ground in northern california symbols of hope and endurance as where 48 people are confirmed in paradise strives to rebuild. it's a long road of recovery for the state's deadliest wild fire those folks, trace. >> trace: thanks, claudia. live in paradise, california. in history. team fox coverage continues here search crews are uncovering in southern california. jonathan hunt reporting live in bodies as they pick through the malibu. jonathan? >> trace, as you know, the remains of neighborhoods. at last report, hundred are entire city of malibu was evacuated. some residents being allowed missing. back in. many are posting photos and here in the point dume looking on bull boards. this note reads, "i hope you're neighborhood, it's closed off. gas leaks, no power, et cetera. okay. sean jr. is worried about you." when they get back, so many officials in california say they residents will find these heart found a body in the burn zone breaking scenes. this property destroy. we come across here, you can see the remnants of a vehicle behind

scorching malibu. if confirmed, it would be the third known victim. me. over here, another property. take a look a this. just the chimney sack is all a camera capturing final moments of a house in malibu as the wild that remains of this. as tommy comes down to the ground here, take a look at fire closed in last week. this. inches of ash. embers swirling in the wind. it's a similar story right across this neighborhood, trace. the homeowner told kttv that he as we turn back across here, you got his family out safely with the clothes on their back. can take another look at just the house they just reel mooed how severe the damage is to this months ago is gone. firefighters battled to get the property. completely and utterly destroyed upper hand, other fires have as we walk through it. i can tell you this, i'm going been flaring up including this through feet -- a foot of ash here in some places. one in san bernardino. trace, it's quite remarkable when you see it close just to so these images are from last how fears this damage was. night. and here, as we're about to walk we have team fox coverage. jonathan hunt is live in malibu. through the entrance here of first to claudia cowan reporting this beautiful property, one of live of what is left of the most beautiful parts of the l.a. area. paradise. trace, i was talking to shep yesterday at this hour telling claudia? >> trace, with the death toll him i used to live on this climbing ever higher, the big question is how many more street. that house up there, the white one, was me house.

victims will be found. butte county officials just i mentioned the gentleman that released a list of the missing. owns this property. his name is john. the names of 98 people, almost he came out when i was teaching all elderly have not been seen my eldest daughter, jordan, to since the fire started last week. ride her bike. he applauded when she got going among dead, 48-year-old jesus on two wheels. yesterday i didn't know what had fernandez. happened to john. he's being remembered as a today i'm happy to report that considerate and in and loving we saw him. father. and ernie foss perished with his he came here to look at husband property. my wife, who is also a reporter, dog outside his home in turns out she spoke to him. paradise. right now ryan zinke is meeting i didn't get to see him today. with first responders hearing i have these reports that he was about the search for victims. here looking at his property. a small army ofr every piece of my wife spoke to him. he said he's lost absolutely everything he ever had. he was still smiling in the way that only john could because he's alive. trace? >> trace: he's alive and will rebuild. i'm curious, jonathan. as i drove in, you could still see the plumes of black smoke all over southern california.

the danger is not over. >> it's not completely over here in southern california. we did see the spot fire last night, about 55 miles east of downtown l.a. they basically have a good grip on it now. when you see the spot fires break out, they're in unina habited areas, not close to homes. wee seem to be out of the worst for the moment, trace. >> trace: yeah, they have crews working on it. jonathan hunts, thank you. becoming a member of congress is similar to starting out at a new school. figuring out where the important get togethers are, what crew you should hang out with and not to mention finding the bathrooms. incoming lawmakers going through the process right now. we'll take you to capitol hill for that next. for a single dad, and back pain made it hard to 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. means they won't hike your rates over one mistake. see, liberty mutual doesn't hold grudges. for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. ♪ liberty. liberty. liberty. liberty. ♪ oh! oh! ♪ ozempic®! ♪ (vo) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? (vo) and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? (vo) a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens.

don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you.

i so many interesting details.n ancestrydna was able to tell me where my father's family came from in colombia. they pinpointed the colombia and ecuador region and then there's a whole new andean region. that was incredibly exciting because i really didn't know that. it just brings it home how deep my roots are and it connects me to them and to their spirit and to their history. this holiday, give the gift that's connected millions to a deeper family story. order your kit at ancestry.com

>> trace: congress is back in session. the jockeying for position and political power is well underway among the veterans. for the newer members, the class photo was first. mike emanuel is live with more. >> hi, trace. leadership for the new congress is taking shape with house republicans deciding a member from california will be their leader. republican kevin mccarthy of california has been elected to be the republican leader in the new congress easily defeating jim jordan 159-43.

whip steve scalise will continue winning unanimous support. and also liz cheney will serve as conference chair. a position her father once held. in terms of the next house speaker, nancy pelosi wants that job again. she's working it in terms of getting prominent democrats to endorse her and outside interest groups. she's making pitches like this one. >> as we opened the session, let us just find our common ground in to how we go forward. let us recognize that we achieved a great victory. >> there's some democrats that suggest pelosi has a numbers problem noting that a lot of the new democrats voted or campaigned on change. >> showing support of other people, having people that are current members, long-time standing members who think that moving forward in the new

leadership in change. >> in the senate, the republican leadership will look the same with mitch mcconnell continuing as majority leader. john thune will be the republican whip. joni ernst will serve as vice chair of the gop conference and she's talking about this honor. >> i'm looking forward to the opportunity to share our wonderful overwhelming message of prosperity here in the united states, not only with the members of this body but also with our fantastic constituents back home. >> it's my honor to be asked by my colleagues to continue serving as leader. i can say not a day goes by when i'm not humbled and honored by this opportunity to serve my colleagues, the institution of the senate and our incredible country in whatever measure i'm capable. >> wyoming is looking powerful

with senator john barrasso and liz cheney part of the team. trace? >> trace: thanks, mike. the u.s. military has eroded to a dangerous degree according to a new bipartisan report out tied and warns the u.s. might struggle to win or perhaps lose a war against china or russia. national security correspondent jennifer griffin reporting live in the pentagon. hi, jen. >> the 98 page report by this bipartisan commission outlines how china and russia are seeking to build up their military while the u.s. faced budget caps and political dysfunction, which is leading to an eroded military capability. president trump after authorizing $733 billion in a defense budget this year has ordered the pentagon to cut 5% of its budget just as the military was beginning to invest

in fixing years of neglect. jon kyle said the following statement. >> the report notes china and russia have strongly studied the u.s. strategic advantages and countered with artificial intelligence. >> and james mattis was at the u.s. and mexico border and says the u.s. will send more troops there. >> he said there's 5,900 troops that have been sent since the end of october and the number could go as high as 7,000. he told reporters while traveling with embattled

homeland security secretary kirstjen nielsen that he did not anticipate military personnel coming into direct contact with migrants. >> they don't need their weapons. the engineers, the soldiers, the marines doing that are overwatched by mps that are armed and the normal force protection wherever they go. >> unlike a deployment overseas, these troops that will miss thanksgiving with their families are not getting combat pay. they're living in tents and eating prepackaged mres. the president has mentioned the caravan heading to the border many times. today republican senator jeff flake called the deployment of troops to the border a political stunt. five of the 39 units deployed are public affairs units with the military suggesting the pentagon knows this is more

about messaging than reinforcing the border. trace? >> jennifer, thank you. the special counsel robert mueller has questions. now there's word that the trump legal team may have answers and soon. that's ahead. we'll take you to florida one day ahead of the deadline to finish the recount where one county suffered another setback. that's next. if you're waiting patiently for a liver transplant, it could cost you your life. it's time to get out of line with upmc. at upmc, living-donor transplants put you first. so you don't die waiting. upmc does more living-donor liver transplants than any other center in the nation. find out more and get out of line today.

thousands of veterans get the money they need for their family and home... thank you, admiral. by helping them use the valuable va home loan benefit they've earned with their service. thank you, admiral. it let's you borrow up to 100% of your home's value. thank you, admiral. with today's high home values, that could mean a lot more money to pay debts and get ahead. thank you, admiral. it's an honor to help you get the peace of mind every veteran and their family deserves. call 1-844-383-1571. ato be there... for the good. and not so good. for the mundane. the awe-inspiring. the heart racing. the heart breaking. that's what life is all about... showing up. unless migraine steals your chance to say "i am here." that's why, we created aimovig.. a preventive treatment for migraine in adults.

one dose, once a month. aimovig is proven to reduce the number of monthly migraine days. for some, that number can be cut in half or more. the most common side effects are pain, redness, or swelling at the injection site and constipation. these are your days what will each one bring? doesn't matter, as long as you can say... "i am here." talk to your doctor about preventing migraine with aimovig. and be there more.

i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast.

we're working to make things simple, easy and awesome. >> overheated voting minutes making things more difficult in florida as workers recount votes from the mid-terms. we still don't know who won the races for senate and governor and the deadline to finish the recount is tomorrow. phil keating is live outside the broward county board of elections in lauder hill, florida. phil? >> we're less than 24 hours away from the thursday 3:00 p.m. hard recount deadline. and most of the states, 67 counties, have already finished. however, not some of the big ones like broward county and palm beach county. taking a look at the palm beach operation. ballots are moving again. overnight they had to redo a full days worth of recounting after the old and overworked

counts machines began malfunctioning. over 175,000 early votes which had been recounted ones had to be recounted again. >> we didn't anticipate that he would have to run 100% of them back through. we thought we would have a quiet mid-term. i guess that's not the new norm. >> looking live inside the broward recount center, the votes are still being sorted before the pages can be recounted. miami-dade elections saw the recount writing on the wall last week and prepared. they didn't wait till sunday. last night, the results, vote recoun recounted. and there's no way palm beach county said they could make the tomorrow afternoon deadline. five extra days to recount, all of the five of the recount races

didn't last long. the republican secretary of state quickly moving the ruling in the case to federal court where it now stands. we're also now hearing that federal investigators are looking into potential vote malfeasance by florida democrats leading up to election day after some documents that deal with mail-in ballots appear to have been forged or had the dates changed on when they were due, trace. >> the fight is a long way from being over. phil keating live in lauder hill, florida. the georgia governor's race is still undecided. brian kemp with a slight lead. democrat stacey abram says there's enough uncounted votes to force a run-off next monthn't jonathan serrie reporting live in atlanta. jonathan? >> trace, in order to force a december 4 run-off, stacey abrams would have to get enough

votes to knock brian kemp to 50% or anywhere below that. right now kemp is a fraction of a point above that threshold after getting the court's to mandate a review of previously disqualified ballots. abrams supporters say they're less than 18,000 votes away from forcing a run-off with kemp. >> if you secure his self-appointed determination that he's a victor, he should have no fear of walking right in here and joining this press conference. what are we asking for? to count every vote. >> the kemp campaign issued a statement says after all the theatrics, the math is the same. abrams lost and kemp won. the election is over. police arrested 15 protesters including a democratic state senator tuesday as they chanted count every vote in the georgia capitol rotunda. the civil rights group "care georgia" documented the arrest

saying the protesters were exercising their rights. police say they enforced a georgia law that makes it a misdemeanor to disrupt meetings of the state legislature. trace? >> trace: jonathan serrie live in atlanta. in washington, some lawmakers are pushing for legislation to protect robert mueller. two senators, one democrat, one republican, say they will call for a floor vote open it. this comes as word of a potential major development in the russia investigation. a source telling our chief intelligence correspondent president trump's legal team is finalizing his written answers to mueller right now. catherine herridge is live in washington. catherine? >> late yesterday we get a second source that confirmed that written answers are being finalized and could be submitted to robert mueller and his team as early as the end of this week. contacted by fox, the president's lawyers had no immediate comment on the

development. we understand the legal team has been preparing written responses about alleged coordination with russia with the 2016 campaign and the obstruction of justice over firing of james comey. the president's legal team considers those questions infringing on the president's constitutional power to hire and fire. the justice department office of legal counsel released their opinion today finding the acting attorney general appointment proper. republicans and democrats on the hill addressed the impact on the mueller probe. >> we know how the president feels about the mueller investigation but he's never said he wants to shut it down. i've never heard anybody down there say they want to shut it down. i think it's no danger so i don't think any legislation is necessary. >> we want to make sure that the acting attorney general does not interfere with the mueller investigation. we believe our republican colleagues he join us. you'll see it on the floor later today a bipartisan unanimous

consent request to prevent the acting attorney general, whitaker, from interfering. >> we've been basically in indictment watch seeing if there's going to be any movement. one of my legal contacts pointed out that you have what may be an interesting dynamic here because the president's legal team will want to see any new indictment if it goes to aides who had any kind of contact with the aide before they submit their answers and the mueller's team may want to see the answers before they indict. >> trace: thanks, catherine. live in dc. while the justice department said it was perfectly legal for president trump to appoint matthew whitaker as acting attorney general. our own judge, andrew napolitano, argues there's a good reason why the president cannot do this. he said keeping whitaker in the

post for now will have serious consequences. that is coming up. officials backing up the

president's decision to appoint matthew whitaker as acting attorney general. the department's office of legal counsel writing his senior executive status at the department unquestionably gives him the authority to serve. yesterday officials in maryland filed a lawsuit challenging whitaker's appointment. they argue the president side-stepped the constitution by choosing whitaker instead of rod rosenstein. former attorney general jeff sessions resigned saying the president asked him to step down. john roberts is live for us on the north lawn. john? >> in a 20-page memo released today, the department of justice argues there were two tracks that the president could have followed. one track, the line of

succession at the department of justice which would have flowed through rod rosenstein. the other track was to use the federal vacancy's reform act to replace the attorney general on an interim basis. the department of justice says e sessions with a principle officer, he would need senate confirmation. if he were to replace sessions on an interim basis, that person would not need to be senate confirmed. a member of the department of justice said consistent with our prior opinion and censures of precedent, we advised that the president's decision to put whitaker in on a interim basis did not require senate confirmation. to help make that case, the department of justice went all the way back to just after the civil war, 1866, when the attorney general who was james

speech at the time was replaced by an assistant attorney general on an interim basis. j. hubly ashton. he was confirmed but only served for six days. trace has been at department of justice longer than that. >> trace: yeah. there goes the precedent. what are you hearing from the first lady's office and mir ray ricardel? >> we're hearing they don't like her very much and most people in the white house don't like her very much. the first lady's office would like to see her gone. talking with sources inside the white house, the first lady's office and the first lady herself just does not like the way that mira ricardel comports herself, the way she's demeaning to her fellow staff here at the white house. the first lady's office said "it's the position of the office of the first lady that ricardel no longer deserves the honor of serving in this white house."

officials make it clear the first lady and her office are not calling for ricardel to be fired. they're simply stating their opinion that they don't believe she should be working at the white house. ricardel is an unfamiliar figure to most people. she's the chief of staff at the national security council and a very important person for the national security adviser, john bolton, who i'm told is willing to go to the mat to keep her on. now, if they were to get rid of ricardel, i'm told that it could get ugly quickly. so trace, we're watching this very closely to see which way it tips. >> trace: john roberts live in the north lawn. thank you, john. more on the acting attorney general, matthew whitaker. let's bring in senior judicial analyst, judge andrew napolitano. the judge wrote an op-ed for foxnews.com on the acting ag that will go online tomorrow. great the see you, my friend. >> likewise.

>> trace: i don't want to give away the goods on your op-ed. everybody will love it tomorrow. your argument is that matthew whitaker is legally uneligible. as you heard john roberts say and the doj says he's eligible on the federal reform act. your thoughts? >> it's disappointed to see the lawyers that work for matthew whitaker go back to 1866 and look for a precedent there. i don't care what happened in 1866. the congress changed the law in the 1960s and whoever runs the justice department has to be nominated by the president and confirmed by the senate because we put too much power in their hands. they supervise 90,000 people and among home the fbi and they

instigate investigations and terminate investigations that have been started. that kind of power can't go to a political hack. how do we know they're not a political hack? by subjects them to the congress and the senate. that's not me, that's the congressional statute that was written in the 1960s which the justice department conveniently overlooks. >> trace: fox is reporting saying there was speculation that president trump just did this. he liked matthew whitaker and stuck him in there he did due diligence and he asked the doj and did looking around. it wasn't willy-nilly. they said you can do this. it's fine. >> you have two statutes. >> you have one that says when there's a vacancy in a principle

department of the justice, the president can appoint whoever he wants as long as they have worked for the government for 90 days. you have a specific statute that refers to the department of justice. when there's a vacancy, the number 2 person shall fill the role. so when you have two statutes that disagree, which do you follow? the general or the specific? very clear, you follow the specific. congress could not have been more precise when they said the number 2 person, the deputy attorney general, takes over. look, all of this will be moot because the president will soon nominate someone and presuming the senate will confirm whoever he wants to be attorney general. the problem comes with decisions made by mr. whitaker in the interim. because when his position, not if, when his position is found to be legally ineligible, those decisions will become null and

void. put that toothpaste back in the tube, trace. >> trace: that's the thing, judge. you're saying the democrats are banging the pots and pans because they say whitaker will do something to interfere in the robert mueller investigation. >> the democratic fear is shared by republicans as well. >> trace: thanks, judge. >> pleasure. >> trace: oil prices snapping their worst losing streak ever after 12 straight days of losses. prices were up today. the fox business network's jeff flock is live at the chicago mercantile exchange. that's where they trade oil and other commodities. jeff? >> up today, trace but not much. up 60 cents or so. yeah, it never happened before that we had a dozen consecutive sessions of losses in oil. today we broke it. gas prices, i think, are still going to continue to decline. take a look at where we are

today on gas prices compared to a week ago, a month ago. we continue to get declines. 30-plus days of consecutive declines in gas prices. that is good if you have a car. now, according to gas buddy, there's five individual states in the u.s. have that at least one station offering gasoline for less than $2 a gallon. less than $2 a gallon. if you think that is good now, it's going to get better. gas buddy says don't fill up yet. we're likely to see -- this is a tweet -- hundreds of stations at or understood $2 by thanksgiving. that would be nice. everybody going to drive to thanksgiving, may get a break. there you go. >> trace: it would be nice unless you're in california. here it's $3.98. the lowest is about $3.50 in the

golden state. thanks, jeff. >> it's the taxes. they'll get you. >> trace: a bunch of them and they keep coming. the election again, said yeah keep them coming. amazon picking a couple of new homes for their new headquarters. one of them new york city in a neighborhood where the company could get a big tax break. but not everybody is happy about it. the fox business network's kristina partsinevelos reporting live from the new york stock exchange. >> yeah, it could cost taxpayers quite a bit in new york and virginia. breaking news from the president. he gave amazon credit saying they took the best deal. president trump likes the decision of amazon opening a second head quarters in new york and virginia. what does that mean in terms of cost? what is new york giving amazon to open their headquarters there? lots of tax breaks.

a break of $1.5 billion. that is based on 25,000 new jobs. an additional cash grant of $325 million and several other inc t incentiv incentives. as a tax payer in new york city, what will that cost me? specifically about the tax incentives, take $1.2 billion and divide it by 25,000, each person hired by amazon in new york going to cost $48,000. a little bit more than virginia at $22,000. you look at what amazon is offering, they're saying they'll be investing a lot, getting employees jobs, spending $2.5 billion in a headquarters. you have the governor of new york in a press conference saying this is a big money maker. cost us nothing, nada. we make money doing this. >> trace: nada. yeah. kristina partsinevelos live at the new york stock exchange. the shakeup in the israeli

government over a cease fire with hamas. after some of the worst fighting in years. we'll have a live room from jerusalem. and el chapo on trial here in the u.s. one member of the jury has already quit the case. when you hear some of the chilling details from prosecutors, you might just understand why next. to address my fellow veterans,t because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan for up to 100% of your home's value. if you need cash for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. give us a call. call 1-877-423-5732. if you're a veteran, own a home, and need money for your family, call newday usa to use you

and nethank you, admiral.amily, it lets you borrow up to 100% of your home's value. thank you, admiral. with today's rising home values, that could mean more money for you and your family. thank you, admiral. money to pay down debts and get financial peace of mind. thank you, admiral. we'll do everything we possibly can to get you approved. call 1-877-423-5732. (door bell rings) it's ohey. this is amazing. with moderate to severe ulcerative colitis, are you okay? even when i was there, i never knew when my symptoms would keep us apart. so i talked to my doctor about humira. i learned humira can help get, and keep uc under control when other medications haven't worked well enough. and it helps people achieve control that lasts. so you can experience few or no symptoms. 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 flu-like symptoms or sores. don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, control is possible. (honking) when your craving strikes, you need your wing nut. ( ♪ ) no one can totally satisfy a craving, quite like your wing nut. for just fifteen ninety-nine saat red lobster., you get all the shrimp you want, any way you want them. and now savory parmesan shrimp scampi is back! new sesame-ginger shrimp is here, too. but hurry in, endless shrimp ends november eighteenth.

whoa! presenting the iwhat's he doing? come on, let's check it out! nice. he's pretty good at this. hm! it's like a game! (gasps) woo-hoo! got it! which car should we get? all of 'em! ooh, yeah! that one! this one looks nice. yes, and yes. i like this game. i think we're winning! delivery? where? (doorbell rings) (man) it's here! what? (announcer) buy your next car from carvana before ralph breaks the internet. then go see the movie, in theatres november 21st. whenshe was pregnant,ter failed, in-laws were coming, a little bit of water, it really- it rocked our world.

i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that's a privilege. we're the baker's and we're usaa members for life. usaa. get your insurance quote today. >> trace: day 2 of the el chapo tile. the mexican drug lord ordered hits on his own family members and used a gold ak-47 and a handgun encrusted with diamonds. we've seen drama. a juror dropping out saying she was too nervous to serve in the case. bryan llenas is in the new york city newsroom. bryan? >> it seems that nobody wants to be on the jury that could send the most dangerous drug trafficker to prison. two jurors were replaced before

opening statements. one person claiming financial hardships and the other a female juror providing a doctor's note saying the trial would make her too anxious and upset. she sobbed in court after she was chosen saying she feared for her safety. joaquin guzman, has been known to use hitmen to kill witnesses or those cooperating with prosecutors. for their safety, jurors will be anonymous and partially sequestered. el chapo smiled and waved at his wife. a suit and tie and no handcuffs. he faces 17 federal charges for leading the world's largest drug trafficking organization. the convicted, he will spend the rest of his life in prison. prosecutors say over 25 years el chapo ordered thousands of

murders and $14 billion in wealth and the top supplier of cocaine, meth, marijuana and heroin. the government's case centers on the testimony of dozens of witnesses including some that turned on el chapo. he signed a plea deal. el chapo's defense team says his father was the one really in charge hoff the cartel. his brother testified today saying that identifying el chapo as the cartel's leader. el chapo's defense lawyers said he was never rich or powerful. he just enjoyed the notarity that came with his nickname. >> thanks, bryan. israel's top defense official quit his job over a cease fire the country reached with the militants in gaza. something that he call as surrender to terrorism.

netanyahu's job could be on the line. benjamin hall reporting live from jerusalem. benjamin? >> israeli politics are in turmoil today. it comes down to the controversial cease fire between israel and hamas. most people are the ones in southern israel. they have come under attack from the rockets. they say this is a capitulation and talking to the streets and calling for benjamin netanyahu to resign. they claim she a victory for hamas after what was the most intense round of rocket fire since 2014. 460 rockets in a day came over the border. today the fall-out from the cease fire was evident. israel's defense minister abruptly resigned in protest saying the cease fire amounted to a surrender and he could no longer serve a government that endorsed it. his resignation deliver as blow to netanyahu's coalition and

leaves him with a majority of one. there's been a new call for elections and that could come in february or march. in gaza, people were cheering. they say lieberman's resignation marks a political victory for gaza. so turmoil here. we'll see how it plays out soon. trace? >> trace: thanks, benjamin. we'll be right back. managing my type 2 diabetes wasn't my top priority. until i held her. i found my tresiba® reason. now i'm doing more to lower my a1c. once daily tresiba® controls blood sugar for 24 hours for powerful a1c reduction. tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens. don't reuse needles. the most common side effect is low blood sugar, which may cause dizziness, sweating, confusion, and headache. check your blood sugar. low blood sugar can be serious and may be life-threatening.

injection site reactions may occur. tell your prescriber about all medicines you take and all your medical conditions. taking tzds with insulins like tresiba® may cause serious side effects like heart failure. your insulin dose shouldn't be changed without asking your prescriber. get medical help right away if you have trouble breathing, fast heartbeat, extreme drowsiness, swelling of your face, tongue or throat, dizziness or confusion. i found my tresiba® reason. find yours. ask your diabetes care specialist about tresiba®. and back pain made it hard to 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.

>> trace: a fox urgent. we're getting details about a woman sucked out of a southwest jet earlier this year. this details coming from the ntsb at a hearing in d.c. according to testimony from a flight attendant, there was a loud bang when the engine exploded. she testified that she then saw the shattered window and outside of that window was a woman's head, torso and arms. half the body sucked out of a jet window. smeared on the side of the jet, she saw blood. she pulled the woman's legs but it was too late. she died from her injuries.

officials have taken measures to ensure plane engines are respected on a more regular basis. the question of whether the trump administration can ask about citizenship on the next census is now on trial. david lee miller is outside of court in new york city. david lee? >> to be or not to be a u.s. citizen. that's the question that the government wants to ask and now a federal judge will decide if they're going to have the chance. >> you cannot know your country unless your country knows you. >> mandated by the constitution, every ten years the government is required to hold a national head count. as part of the 2020 census, the are a u.s. citizen. new york joined by 16 other states is fighting to keep the question off limits. >> supporters question say

american values are at stake. >> the lawsuit challenging the census says the citizenship question will scare immigrants from taking part. as a consequence, certain areas could lose congressional seats and federal money. >> the trump administration is trying to restrict the rights of immigrants. it's illegal. >> once the information gathered can be used to protect voting rights and accuses critics of charging racism. >> this is what they do when they run out of arguments. they it's racist. they're afraid that we're going to get a better handle on the problem of illegal immigration. >> the judge is expected to render a decision in two weeks time. no matter what he decides, it's expected to make it to the u.s. supreme court. >> david lead miller in

manhattan. >> and according to police in pike county about 90 miles east of cincinnati. matt finn is live with more. >> this is the largest homicide investigation in ohio's history and now law enforcement says this entire family might have been slaughtered over child custody. >> the images of the houses, the bodies, the scenes, i can never erase them. even 20 years of law enforcement experience cannot prepare you fully for a day like that day. they did this quickly, coldly, calmly and very carefully. but not carefully enough. >> the suspects are identified as george wagner, his wife angela and two adult san .

jake wagner had a child with the youngest female and something might have sparked the murders. the victims aged in range from 16 to 44 years old. all executed. trace? >> matt finn live for us in chicago. thanks. at the corner of wall and broad, the dow is down. now up and it's down again. no, it's down 217 points. not great for your 401(k)s. i trace gallagher in for shepard smith. "your world" with neil cavuto is next. have a good afternoon. >> neil: all right. machines overheating and results not remotely matching them. dead loins looming. recent problems multiply in florida. one judge said he felt like captain kirk. welcome. i'm neil cavuto. this is "your world." all of this as florida officials are under direct orders to wrap

it up tomorrow. the mandatory machine recount must be done by 3:00 p.m. tomorrow. a hearing into one of those lawsuits is happening as we speak. phil keating in lauder hill, florida if a hand