newsome. he got her into his truck and got her out in time and found her a place to stay with he's best friend. everyone helping each other out out there. thanks. i'm dana. here's shep. >> shepard smith reporting now. there's breaking news out of florida. time is up for the battleground state to finish their election count. this is susan booker, the supervisor of the county board of elections. she said their machines overheated and couldn't get it done. she's about to testify in front of a judge about their problems. let's listen. >> the recount could have changed the numbers? >> no. we're searching for the numbers. >> you're confident everything is great? >> i am.

the questionable votes go to the canvassing board. thanks very much. we gave it all we had. i'm very proud of my team, proud that we had partners at palm beach county and we're a good election office. i have a great team. i think that we just got stuck with some mechanical issues that were inherited. >> [question inaudible] >> that's in the senate race. we're required to review. >> [question inaudible] >> we counted every vote and uploaded our respects and they're accurate. we conducted an accuracy test. the machines were working properly. it was during the recount that we dropped tallies. we reported real results when we counted every ballot that we reported saturday.

>> the bottom line, palm beach county, no other county will fail to make the deadline. >> i don't know that. the fact of the matter is that i inherited this old equipment. i needed to comply with the lie. when it does, i'll buy it. thank you. >> shepard: again, susan bucher. phil keating was asking questions there. my understanding is now she's about to give testimony before a judge and that a manual recount will start? can you explain it? >> they're waiting for the secretary of state's office division of elections offers goes over all of this. once they add the numbers up, they decide which races still must need a hand recount. in all likelihood, it was going to include the florida senate

race between rick scott and democratic incumbent bill nelson. the different after the first round was .4%. anything over .5% gets a recount if the first men recount does not bring it back up. so she will wait for that. she indicated to me prior to the news conference she would most likely order her staffers to begin the hand recounting late this afternoon or into this evening. more likely today, not tomorrow. broward county is untending -- intending on started the hand recount tomorrow morning. what she said is she's are outdated and old counting reasons. they can recount one race at a time. you have to take all of the

200,000 ball lots and run them through four times where every other time only needs to do it once. in palm beach county, there's four races subject to this state ordered recount. the senate race, the governor's race, the race for commissioner of agriculture and hear in palm beach county, there's a local florida state house race, district 89, which right now has the republican in the lead by just 37 votes. the democrat, that was behind, a few days ago, saw the writing on the wall, saw this recount was not going to be complete for his lower tier race so he filed suit. at 4:00, judge walker will hear arguments from palm beach county and also from opponents on the other side whether or not the deadline of 3:00 p.m. today, which is now behind us, whether that can be dropped and palm

beach county alone would be allowed to recount perhaps for three to five more days until they get a final tally on that recount and send it to the secretary of state. we'll know that in the 4:00 hour. >> shepard: i was listening to the superintendent there before this news hour began. i believe i heard her say that they have old machines and she wants $11 million for new machines and has not been able to do it for some reason. >> yes. she says the state has to authorize the certain types of machines. she as the supervisor here in palm beach county and elected position, inherited the old machines and they're trying to update them right now. broward county, miami-dade county, they made the deadline. they have new machines that can do all of the recount races at once, which reducing the time it

takes to make that 3:00 deadline. tuesday night it was a big problems for palm beach county. a couple of the machines were overheated. that was being blamed on the out outdated counting machines, being overworked 24 hours a day for this massive statewide recount and to fly in to fix the machines. workers overnight recounted all of the data that they lost because they lost a day's of recounting when the machines broke down. so they did that all overnight. brought them back. this room was empty all day yesterday and last night. we asked the superintendent why were you guys still recounting when the deadline is the following day and she says she had to give her people time to sleep and eat. shep? >> shepard: a reminder, a federal judge calling the florida recount "the laughingstock of the nation" for

not anticipating these election problems. phil keating in palm beach county. let's go a county south from palm beaches to broward county. that's where officials completed their recount with time to spare. peter doocy is reporting from outside the board of election offices in lauder hill. >> shep, they got it done with about 12 minutes to spare on the last day to get the results in. the machines recount results in. we had the first sighting of the broward county supervisor of elections, brenda snipes. he came out to say that she was

voters to be disenfranchised. if the election does come down after a hand recount to a different of 23 ballots, then they'll have to go back and figure out which ones might have been duplicates. disinfranchising voters in florida is a big concern of a judge north of here, judge mark walker. he ruled that today's 3:00 deadline did not matter if you're somebody in florida that recently got a note from the county that said that the signature hahn your ballot that you submitted did not match the signature on their voter rolls. he said if you had a mismatched signature, you had until saturday at 5:00 p.m. to resubmit their victory. that's something that rick scott is challenging in court. >> shepard: how many ballots are we talking about, peter? >> it's really not a lot.

mark elias said that 13 ballots were counted after first unofficial canvassing deadline passed. the big number that the scott campaign is bragging is 54. they say after all of the millions of ballots that have been put back in the leading their lead has been expanded by 54. everybody knows how this will end. what the democrats want to do is throw out all the fraud protections on the book and not re-elect bill nelson. that's where we are. the deadline has passed. looks like there's action back here. they're coming back into the session. we might get some results, they might tell us to check the website again. >> shepard: if you get results, we'll come back to you. thank you. a live like at west lake village in california. a man raced towards danger and tried to protect others.

sergeant ron helus is one of the first to run into the borderline bar and grill last week after a gunman walked in and started executing innocents. the killer opened fire at sergeant helus and he raced through the door. so that sergeant became one of a dozen people the shooter murdered at a college country night celebration. the killer would never face the consequences of his crimes. he would never have to stand in court with the families of those he shot and he would not suffer their screams of anger or tears. he chose instead a quicker ending. he killed himself at the end of the rampage. so today spare little thought for the man that did this. instead, consider the hero, sergeant helus that showed more bravery in an instant that some may exhibit in a lifetime. he had been with the department for 29 years. he was looking to retire in a year or two, maybe spend more time with his wife and sons he

said. instead, he raced into the bar as the bullets flew. colleagues say that may have bought time for others to escape. others that can sit with their family and have extra thanks for a man that gave everything, this spot in west lake village a couple minutes down the road from the very bar where the shooting broke out and very close to the ventura county wild fires. in fact, just hours after the shooting, the evacuation orders came. some of those that had to leave had to leave had to escape the bar with their lives first only to face a new threat. smile dad. i take medication for high blood pressure and cholesterol. but they might not be enough to protect my heart. adding bayer aspirin can further reduce

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that's why they can do more for those who serve and their families. helping veterans and their families buy a home of their own is what newday usa is all about. call newday usa right now. go to newdayusa.com, or call 1-855-595-9641. >> shepard: 59 people are now confirmed dead. 298 others still officially listed as missing. this is the missings list out from authorities after the devastating wild fires laying waste to california. an aerial view of paradise today, the small northern california town that has become the scene of the most deadliest wild fire in the state's history. look at this hellscape. it's truly unimaginable.

more than 10,000 buildings and homes levelled. many of the hundreds missing are elderly residents that lived in magalia, a community north of here. this is what magalia looked like friday night when the firestorm tore through the community. about 11,000 people lived there, surrounded by tall pine trees that turned into towers of flames. claudia cowan reporting live in mare dies. >> shepard, a week after it started, the camp fire is finally coming to heal. it's 40% contained. good news to counter the bad, including now on top of everything else, a public health threat as an evacuation center in chico. some 200 evacuees staying at a church are now having to worry about a norovirus outbreak. >> we've been trying to

segregate people so they don't get sick. >> i thought it was the food. it didn't settle right. hit my really hard. >> those that got sick are being quarantined. a week later, it's one thing after another. now there's confusion about exactly how many people are muscling. last night the sheriff put the figure at 130. but today the county's website with almost 300 names. officials are hoping people will check and mark themselves safe and the list will get shorter as the search continues for human remain. the pictures taken minutes ago. most of the missing are in their 70s, 80s and 90s. more than 450 people have been mobilized to comb through the ruins. they brought in a rapid dna analysis system to speed up the

identification of bodies burned beyond recognition. state and federal officials have promised to bring in mobile housing, temporary hospitals and schools. shepard? >> shepard: claudia cowan reporting live from paradise, california. again, the official list of the missing is at buttecounty.net. so worth checking if you know somebody from that area. in southern california, firefighters say they have made progress with the fire in ventura county, which is about 30 miles north of los angeles. that fire inscinerated an area the size of southern california. the fire is 57% contained now. still a long way to go. already in some spots, people have started to return to their neighborhoods.

many not knowing whether they will find anything left of their lives. jeff paul reporting live in malibu. >> yeah, shep. unfortunately gives you a good idea how devastating the woolsey fire was in southern california. we're in malibu and seeing home after home like this in this neighborhood. walls burn down. not too much recognizable. maybe a dishwasher over here, a washer and dishwasher over there. walk over here. you can see the tools from the roof falling to the ground. this is probably the most recognizable thing here. this car a convertible. burned run down to its metal as it was parked in the driveway. as we walk up here, this is the other thing that has changed. containment levels have gone to 50%. we're starting to see more firefighters out here in the offensive mode. they're trying to find any hot spots, making sure it's safe when the folks return.

for this crew here in particular, they've been working around the clock. they haven't been up clear to the damage. we asked them about their thoughts were and finally seeing some of the worst hit areas. lo in the first couple days, doing everything we could. it's hard breaking not to save the houses. it's tough for my guys and everybody on the fire. >> as we're over here, you can see the firefighters. they're working to make sure that these neighborhoods are somewhat safe and contained as folks try to make their way into their neighborhoods after they have been evacuated for quite some time now. shep? >> shepard: jeff paul reporting live on seen in malibu. president trump again attacking the russia investigation and the special counsel, robert mueller. live reporting from the white house ahead. plus, the attorney for the porn star stormy daniels under arrest accused of domestic assault.

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>> shepard: the memorial now for sergeant ron helus who ran toward the bullets at the country bar where northern

californians died. billy ray cyrus in memorial. ♪ ♪ it was grace that taught my heart to fear ♪ ♪ and grace my fear relieved ♪ how precious is that grace appeared ♪ ♪ the hour i first believed ♪

♪ ♪ ♪

>> could i ask everybody to stand up to sing the last course one time? ♪ amazing grace, how sweet the sound ♪ ♪ that saved a wretch like me ♪ but i once was lost but now i'm found ♪ ♪ was blind but now i see ♪ i was blind but now i see

>> so many heros in this room. today we're here to honor this hero, mr. ron helus that touched us all here in america, touched the world. i met the family earlier. i told them that they're probably going to need the change the definition in the dictionary of hero. from now on, it can a picture of ron helus and his bravery. this man is true definition of a hero.

i also heard you say that he would give anything, give the shirt off of his back for other people. he gave his own life. this is a song about that selfless dedication. >> shepard: reffing ron helus, the definition of hero. in news from washington, mp is at robert mueller's russia investigation a day after involvements involving mueller's team. jeff flake from arizona said he will not vote for any of the president's judicial nominees unless an until the senate is allowed to vote on a bill to protect the special counsel. now, it appears this isn't going to happen. and that could complicate things for the gop lawmakers that are looking to confirm dozens of conservative judges before the

end of the year. john roberts reporting live from the north lawn. john? >> we'll get to that aspect in a little bit. we're awaiting a decision from the president and his attorney as to whether or not the president will submit written answers to robert mueller about the russia investigation. what is not in question is how the president feels about the investigation going off on twitter this morning saying the inner workings of the investigation are crazy. they're screaming and shouting at people, threatening to come up with the answers they want. they're a disgrace to our nation and don't care how many lives they ruin. the president said some day universities will study what robert mueller and his thugs have done to destroy people. the attacks on the mueller probe in particular the president's appointment of matt whitaker have raised a lot of concerns among people on capitol hill.

listen to what chuck schumer said this morning. >> this morning for what seemed like the millionth team, the president angrily and baselessly ranted about the special counsel's investigation. it doesn't matter if his claims have no basis or his words may degrade faith in our end law enforcement agencies and the rule of law. he proceeds only according to self-interests. >> people have wondered how long matt whitaker will serve as the interim attorney general. by statute, it can be 200 days. whitaker just got out of a meeting with senator lindsey graham from south carolina. graham said whitaker didn't believe he had a reason to recuse himself legally or factually from the mueller investigation. nothing i've seen would require him to be accused.

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>> shepard: the house minority leader, nancy pelosi, helped democrats take back the house of representatives for the next congress. that doesn't guarantee that the first woman speaker in u.s. history will get the gavel back. mike emanuel reporting live from capitol hill. >> shep, good afternoon. some democrats are telling us they expect a fight among house democrats to get ugly. fox news has confirmed 17 democrats have signed a letter saying they will oppose nancy pelosi for speaker. some newly-elected, others just re-elected. pelosi says so many negative ads were run against her. >> it's not about me. it's about them and their opponent and obviously those ads didn't work. we have the biggest victory suns

1974. you have to ask those people what their motivation is. i think of the 17, it's most likely 14 men who were on the letter. >> ohio democrat congress woman marsha fudge has spoken openly about running against pelosi. that is making things tricky for other democrats. >> i'm not anti-pelosi. whatever she does, i'm for marsha. this is something that others are pushing. so if anybody asks me today would i be flattered to be speaker, i'd say absolutely. am i run something absolutely not. >> so far nancy pelosi is the only declared candidate for speaker. shep? >> shepard: what is the latest from the republicans? >> the republican leadership is drama-free. in the house, you have kevin mccarthy, who is the minority leader and steve scalise will continue as the whip and the

newcomer is liz cheney from wyoming. >> we have huge momentum with the trump economy, with the jobs, with the improvement to national security. we cannot let the democrats stop that momentum and fight every day to get our majority back. >> senate gop leadership is mitch mcconnell as leader, and joni ernst of iowa. thune says they're waiting to see on the approach of the democrats. >> assuming they're going elect nancy pelosi the speaker, we'll find out right away whether or not she and her caucus tend to legislate or work with us in a constructive way to build on the progress that we've made or whether they intent to investigate. >> with divided government, the trick is finding common ground. shep? >> shepard: mike emanuel rolling from the hill. the man accused of mailing more

than a dozen bombs to well-known democrats has pleaded not guilty. cesar sayoc in federal court here in new york city pleading not guilty to all 30 charges against him. including executing a domestic terror attack. he could face life in prison if convicted. investigators say he mailed 16 bombs to 13 people across the country. targets included hill hit and former president obama. none of the bombs exploded. the judge set his trial for april. cops in los angeles said they arrested michael avenatti on a charge of domestic violence. avenatti is stormy daniels lawyer. he calls the claims against him completely bogus. our chief correspondent, jonathan hunt, reporting live from los angeles. >> shep, he's a man who is known for his sharp suits and sharp elbows. michael avenatti made some pretty sharp statements after he

walked out of court last night having been released on $50,000 bail heading straight to the waiting tv cameras to dismiss the allegations against him as untrue and at an attempt to besmirch his reputation. >> i have never struck a woman and i never will strike a woman. i've been an advocate for women's rights my entire career and i'm going to continue to be an advocate. i'm not going to be intimidated from stopping what i am doing. >> the incident happened at avenatti's home in l.a. and police say there were visible injuries to the alleged victim. the person has not been publicly identified. avenatti's estranged wife said she was not involved after rumors circulated online that she might be. his first wife said that he was never abusive and is a good man.

shep? >> shepard: we heard from stormy daniels. is that right? >> yes. of course. she's avenatti's most famous client. she made him famous. she's the porn actress that alleges she had an affair with donald trump in 2006. daniels issued a statement today saying she will reserve judgment regarding what she termed serious and troubling accusations against avenatti saying i do not condone violence against women and if these allegations prove true, i will be seeking knew representation. shortly after that statement, avenatti took to twitter once again to decry what he called bogus facts and to say "there's a lot of inaccurate reporting out there." avenatti has talked about mounting a presidential bid in 2020, an ambition likely to be put on hold for the moment while he's fights these allegations. he's due back in court december

5. >> shepard: jonathan hunt reporting from los angeles. remember a couple claims a homeless guy gave the couple his last $20 bill so they start add go fund me page for him and raised hundreds of thousands of dollars? now a prosecutor says the couple and the manmade the whole thing up. scam much? that's next. i just got my ancestrydna results: 74% italian. and i found out that i'm from the big toe of that sexy italian boot! calabria. it even shows the migration path from south italia all the way to exotico new jersey! so this holiday season it's ancestrydna per tutti! order your kit now at ancestry.com when you're looking for answers, it's good to have help. because the right information, at the right time, may make all the difference. at humana, we know

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go fund me page and everybody chipped in. they raised $400,000 for that man. well, now prosecutors say it was cooked up by all three of them. jacqui heinrich has more. >> this is a tale the homeless man had used before. now they're facing fraud charges. the couple met johnny in a casino about a month before they posted this photo to go fund me. together they allegedly cooked up the lie using the same tale johnny posted to facebook in florida in 2012 and launched the fake campaign. about an hour after it went live, kate mcclure confessed it was a ruse. >> less than an hour after the go fund me page went live, they stated the story was fake.

specifically she wrote, okay, so wait. the part is made up but the guy sent. >> investigator say if it wasn't for the couple getting greedy, they might have gotten away with it. the issues came to life when the veteran filed a lawsuit saying the couple didn't give him his fair share. that's when accountants came knocking. the couple spend tens of thousands more. >> by the middle of mark, domico squandered the vast majority of the money who intended to help the homeless vet tran. among the car, trips, high-end handbags and hit the casino hard. >> investigators went through more than 60,000 texts before bringing the charges against all three. shep? >> shepard: jacqui, $400,000. what happens to that? >> the go fund me is issuing

full refunds. they issued a statement saying it's important to understand that misuse is very rare in our platforms. campaigns with misuse make up less than 1% of all campaigns. we have a zero tolerance policy for fraudulent behavior. we work with law enforcement to recover the money. prosecutors say it's unfortunate the generous people were taken advantage of because this type of crime can be damaging to the public's psyche. they want jail time. none of the lawyers returned a request for comment. >> shepard: thanks, jacqui. tensions between the united states and iran are escalating still over washington pulling out of the nuclear deal and reinstating punishment against iron. new there's reports that iran

could retaliate with a cyber attack. rich? >> this is according to a number of security analysts after the united states has fully withdrawn from the iran nuclear deal. the former director of global engaugement at the white house said we're likely to see tehran target american interesting. the most object to them are american businesses they see affecting some economic impact as retribution for the significant sanctions the trump administration has reimposed. he says iran has improved their information warfare capabilities. in other words, manipulating social media to try to change public opinion, even affect elections. security firms have said they have seen an increase from firms that have withdrawn. this is back in 2012, a iran is

suspected of targeting finance institutions and knocking financial websiting offline. iran has done this in the past us a second they could target the financial industry again, shep. >> shepard: anything from the white house? >> they say they're watching this and concerned about it and claiming that iran cease all of its malicious cyber activities. we saw in the summer the trump administration changed what was then an obama administration policy, the new policy allows for the u.s. government to be more aggressive, takes off some of the restraints of using its own cyber capabilities. the justice department has also indict add number of iranians, sanctions and that's the strategy on that front. back to you. >> shepard: thanks, rich edson. officials at the veteran affairs administration say they're trying to speed up payment after thousands of vets didn't get money they were promised under

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. >> ignition, lift off. >> shepard: spacex launching a

communications satellite from cape canaveral. this is minutes ago. from the same launch pad, the apollo astronauts used on their way to the moon. the falcon 9 lifting the satellite into orbit 22,000 above earth. the satellite is owned by the nation of qatar. if all goes well, the booster will land on a barge in the atlantic. thousands of veterans waiting for their education and housing money because of a glitch in the government's payment system. a veterans affairs official said they promised to speed up the payments. students said they're going to debt because of all the delays. jennifer griffin reporting live from the pentagon. >> in about ten minutes, a hearing from the house veterans affair subcommittee will try to get answers to questions on the gi bill and the payments.

here's what we've been able to glean. 895 students have waited longer than two months and could be missing in the range of $1,500 to $6,000 and more in missing payments. 60,000 claims remain. in october alone, students under financial hardship called a v.a. hotline for immediate help. about 450,000 veterans have been affected by this. the problem is a 50-year-old computer i.t. system that is is that right changing veterans involved in vets under the g.i. bill. some people are going into debt as a result of the glitch which many on capitol hill predicted in july. in fact, the v.a. official being questioned in july was pushed out of his current job last week, reassigned to houston as a result of the scandal. >> what is the plan b going forward? it's not without precedent in

the va's i.t. history. >> we can't not process claims and pay schools and pay veterans. we would continue to process the claims under the rules engines we have now until such time the i.t. solution is in place. >> that's wrong. we need to fix it now whatever it takes. a secondary concern is we need to update the systems at the v.a. as well as the pentagon so that they do work, they provide appropriate benefits and that the systems can talk to one another. >> speaking today at the marine barracks, president trump touted improvements he's made at the v.a., including $30 billion to fix the computer problems. >> jennifer griffin live from the pentagon. there's still more than a month away, but we're seeing sleet and snow all the way from arkansas

to the northeast. that's video from this morning in st. louis. the plow operators hard at work for the first big storm of the season. some areas could get up to ten inches of snow. after our reporting here, we'll have a look at our facebook watch. the storm started two hours ago and supposed to storm most of the afternoon and more rain all evening. it's not going to be too bad. the afternoon commute for a tiny town and the tri-state region, also nor the washington d.c. area, afternoon commute won't be fun. not today. it's subway day in the u.s.a. it will be crowded down there shoes news break out, we'll break in because breaking news changes everything on fox news channel. "your world" is coming up. context on the markets from today. started out very low but we're

ending up in the green. the dow up around 200 points. neil has it all and the network america trusts for news and information on cable. >> we gave it everything we had. i'm very proud of my time. i'm proud of my partners at palm beach county. we have a good election office and a great team. we just got stuck with some mechanical issues that were inherited. >> neil: they may have given it everything they got but palm beach county unable to meet the deadline. susan bucher expects the hand recount to begin. she will testify later this hour before judge mark walker. he just called the state the laughingstock of the world, this