Skip to main content

tv   Shepard Smith Reporting  FOX News  January 3, 2019 12:00pm-1:00pm PST

12:00 pm
i'm julie banderas in for dana. trace gallagher is in for shep. i'll be back tomorrow at 2:00 p.m. eastern. will we still have a partial government shut down? that's the question. we'll have to watch fox for our continuing coverage. >> well, meet the new boss. house speaker nancy pelosi gets the gavel back and does not rule out impeaching president trump. the president accusing democrats of playing politics with the partial government shutdown and one republican tells fox news this could be the longest shut down in u.s. history. a live look at the dow as stocks plunge after apple took a hit and put part of the blame on the president's trade war with china. now china claims its beaten the u.s. in a modern day space race. the astronaut that accidentally called 911 here on earth from the space station. i'm trace gallagher in for shepard smith. the news starts now.
12:01 pm
and we begin with breaking news. the major power shift in d.c. where democrats now officially control the house. speaker nancy pelosi took back the gavel moments ago. >> to the speaker of the house, nancy pelosi, i extend to you this gavel. [applause] >> trace: the freshman class of lawmakers bringing a whole new dynamic to capitol hill aside from being the most racially diverse, more than 40 women joining congress. once the fanfare is done, it's down to business. now the government shut down stretching into day 13 and still without any end in sight. we have team fox coverage. kevin corke is at the white house. david spunt is in the washington bureau. first to kristina partsinevelos
12:02 pm
reporting live on capitol hill. kristina? >> yeah, you got a divided group of people here right now starting on the congress, 116th congress. what we have is we know that nancy pelosi was elected. you have 220 votes out of a possible 430. yesterday we had many democrats tell fox news specifically that they would defect. 18 came about and didn't either voted no or just voted present. for example, you had the democrat, representative van drew that voted no in the speaker race. that's one example of those that didn't believe nancy pelosi should be the speaker of the house. this is, like you said, the second time pelosi has taken the gavel. this comes amid a long partial government shutdown. so in her speech, pelosi's main theme focuses around both sides working together, bipartisanship. listen in. >> we will debate good ideas no
12:03 pm
matter where they come from. in that spirit, democrats will be offering the senate republican appropriations legislation to reopen government later today. >> so you have two years of democrats taking over the house. >> trace: kristina, what sort of rules changes is speaker pelosi bringing to the house? >> quite a list of rule changes. they want to modernize the house. some of them come from naming the committees different names. you have what members can wear on the house floor. you have obamacare provisions. you have the three-day rule so legislation can have a full three days to vote on as opposed to putting in allegelation at 11:59 p.m. and voting the next two days. so they're going to debate this package. nothing can move forward if they don't debate this package here today. so that's a major issue on the agenda for this afternoon. but another major milestone though is that congress just got
12:04 pm
definitely more diverse. you have over more than 100 women who will be sworn in to the house of representatives, which is actually a new report. you have the youngest woman elected, the first to wear a hijab in the house, members of the lgbtq community. you also have two first muslim women just to name a few. so you have alexandria ocasio-cortez tweeting out pictures with all of the women there. i incencourage you to check outr instagram. i know for the first time for me covering this, you have a lot of family members packed in the house, just around a capitol hill. very excited to bring forward and see their family members on the senate floor. throw it back to you. >> trace: kristina partsinevelos live on capitol hill. thank you. speaker pelosi is not ruling out impeachment proceedings against president trump. she says that will depend on what comes out of special counsel robert mueller's russia
12:05 pm
investigation. >> we have to wait and see what happens with the mueller report. we shouldn't be impeaching for a political reason and we shouldn't avoid impeachment for a political reason. so just have to see how it comes. >> trace: speaker pelosi previously said impeachment would be sad and divisive for the country. david spunt is live with more. >> good afternoon. it appears that pelosi has changed her tune on the improvement subject. what changed? we're in day 13 of the shutdown and they have had two face-to-face meetings with no success. pelosi sitting down for an interview this morning and said impeachment depends on what happens with the special counsel investigation. previously she said she was against the idea, but the pressure of that government shut down raining down on both political parties, no question. pelosi appears to be more open to discussion about impeachment. pelosi was asked about criminal
12:06 pm
charges against president trump in the form of an indictment. >> everything indicates a president can be indicted after he's president. >> what about a sitting president? >> well, a sitting president when he's no longer -- >> could robert mueller come back and say i'm seeking -- >> i think that that is an open discussion. >> trace, it's critical to point out that attorneys with the u.s. department of justice have said repeatedly they don't have the ability to indict a sitting president. that being said, it's possible for the house of representatives to impeach the president. if they did do that, things would move to the senate for a trial and with a slight republican majority there, it's unlikely president trump would be in any serious danger. that's what we're learning right now from the capitol with speaker pelosi, trace. >> trace: david spunt live in d.c. president trump is blaming democrats for the partial shut down. the president wrote in a tweet this morning the democrats are
12:07 pm
just looking to the 2020 election. kevin corke reporting live on the north lawn. kevin? >> the white house says we're open to talks and end this shut down so long as any funding comes for the southern barrier. absent that, the white house says it's all politics. the president said as much on twitter. let's go to his favorite social media platform. he lays this out. he says as you pointed out, the shut down is only because of the 2020 presidential election. the democrats know they can't win based on the achievements of trump, so they're going all out on the desperately-needed wall and border security and presidential harassment. for them, politics. okay. politics perhaps. but not without possibility to make a deal to reopen the government. >> this is called a negotiation.
12:08 pm
as the president has said time and time again, we gave them an offered and they declined it. we don't want to go towards a short term c.r. we want to negotiate, get to a better number and get the government open. they're in the process of negotiation. >> that negotiation continues here at the white house tomorrow, trace. >> trace: kevin what are you hearing from white house officials about how long this shut down might last? >> yeah, unfortunately, i've had several conversations with senior administration officials throughout the day. they seem convinced that this could carry on for some time because unless there's some movement on behalf of the democrats, they tell me the president is content to sit this out. the problem is that you still want to have that olive branch to offer just in case someone decides they want to play ball a little bit. here's a white house official.
12:09 pm
>> for nancy pelosi, her test of leadership will be can she control the radical progressives that support open borders and can she negotiate opening the government and working with president trump. >> mercedes schlapp very busy today. the message is clear. they want a deal but they don't know if they will get 1 soon. no planned events today. if that changes, i promise to let you know here. back to you. >> trace: we will get back to you on that. kevin corke live on the north lawn. senator chuck grassley third in line to the presidency. vice president mike pence swore in the iowa republican as president pro tem of the senate today. he's in line nor the presidency behind the vice president and speaker of the house, nancy pelosi. senators elect the president pro temporary traditionally they choose the most senior member of the majority party, a title
12:10 pm
grassley holds. voters first elected him to the senate back in 1984. coming up, more on the changes takes place on capitol hill. lots of new faces and very familiar ones in new roles. like former presidential nominee mitt romney who is now a utah senator and he's responding after president trump ripped in to him for an op-ed. we'll get into that with our political panel. take a look at the dow. it's way down again after an announcement from apple. we were below 600. now we're back below 600. we'll have more ahead on a very busy thursday afternoon of news. stay with us. oh! oh! ♪ ozempic®! ♪ (announcer) 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? and you may lose weight.
12:11 pm
in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? 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? ♪ oh, oh, oh, 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,
12:12 pm
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®! ♪ ask your healthcare provider if ozempic® is right for you. hey, who are you? oh, hey jeff, i'm a car thief... what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me. ♪
12:13 pm
12:14 pm
>> trace: just a quick look at nancy pelosi. she was swearing in, doing the ceremonies. house speaker pelosi taking back the gavel today. this comes as both sides struggle for the government to get back up and running. we'll keep you posted. meantime, let's bring in our political panel, democratic strategist, ohio state senator minority leader capri cafaro. you can see nancy pelosi up there with the swearing in ceremonies going on. she said we're going to pass a bill pass and it's going to shut down this -- or going to end the partial government shut down.
12:15 pm
the senate is not going to take a look at it because it doesn't have funding for the border wall. is this a jockeying move to see where everybody stands? >> absolutely. i was not the speaker of the house but i was the ohio leader of the minority senate. it's not uncommon for a leader to put up a vote that would box people in and get them in on record, this is a big tale of trying to pin the blame on the party, so to speak. i think the democrats want to say we're willing to govern. they're going to try to make the republicans look like obstructionists to not get the government up and running again. but you know, we'll have to do more than just position to show that democrats are ready, willing and able to govern. >> trace: my point exactly. kristin to you. nancy pelosi said by no amount
12:16 pm
of persuasion by president trump will make her give money nor the border wall. if somebody throws out the grand bargain of the dreamers and she talked about them in her speech, if somebody throws about the bargain of getting the daca in, she has to listen, right? >> i don't know, trace. i think this government shut down could go on for months. both sides have made it clear that they're not willing to compromise or budge. of course, trump is going to get the blame from the democrats and pelosi and schumer will get the blame from the republicans. ultimately this partial shut down i think is far more politically damaging for the democrats. when chuck schumer says you're not going to get your wall, he's talking to the 60 million americans that voted for the wall. they want this government to remained shut down until he gets his funding. middle america is not worried about these nonessential workers
12:17 pm
getting paid. they're concerned about their own jobs. they're little sympathy for these bureaucrats not getting their tax-payer funded checks. we're in for a long wait here. >> trace: lindsey graham said as much. if the president backs off, it could be the end of his presidency. his a big advocate for the president. the whole idea of saying impeachment is on the table. first she said off but now she's saying let's see what robert mueller comes up with. we'll take it from there. >> this is a dangerous road for nancy pelosi, speaker pelosi to walk. i get where she's coming from. part of this have the delicate dance that she has to maneuver between the progressive wing of this party that is trying to push the democratic party further to the left and at the
12:18 pm
same time trying to balance a more moderated approach understanding that in 2020 democrats cannot win the white house if they're a foil for donald trump and number 2 they can't win without places in the midwest that trump won like ohio and our neighboring michigan and et cetera. these people don't want to see donald trump impeached. what is more interesting, he said it could be possible for a sitting president to be indicted. that's been up to question because it's a policy of the department of justice but not codified law. they'll bark up that tree. beware here. >> trace: i want to go to this mitt romney thing because of the now senator from utah. you hear that mitt romney is backtracking off of his op-ed from yesterday. i want to play what he said today. play this. >> i think it's important that i step in the senate and this new
12:19 pm
responsibility to lay out my priorities and my perspectives, which i was able to do. i look forward to working with the republicans and with democrats, working with the president and members of the house and the senate. we'll have differences and i expect that each senator and each representative will express their views as they think best. i'm not worried what other people have to say what i have to say. i'm worried about their priorities and perspectives. >> trace: i reread the op-ed. it doesn't look like he's backtracking. he said in the open said, there's a lot of common ground there. the media focused on that he was bashing the president. your thoughts? >> right. mitt romney got no love from gop voters, especially trump supporters. now he's realizing that. mitt romney was very happy to accept trump's help while he was campaigning. now he's turning on the president to get attention back
12:20 pm
on himself. this op-ed highlights a big problem within the republican party which is that conservatives spend far too much time tearing each other down to get media attention. there's no appetite for a civil war in the gop especially with democrats taking control of of the house. mitt romney has to be careful with his rhetoric and working with other republicans to further an agenda. >> trace: just to one up on kristin's point there, i want to put the president's tweet up from yesterday. he's not going to have this. he's going to fight back action hard as whatever they throw at him. it says here we go with mitt romney, but so fast, question will be, is he a flake? i hope not. i would rather prefer that he focus on border security and so many other things where he can be helpful. i won big and he didn't. we should be happy for all republicans, be a team player and win. the president there, you know, is he a flake, referring to jeff
12:21 pm
flake. doesn't appear that mitt romneysy going to take the same track that jeff flake did. >> we'll wait and see. i don't think any of this is surprising. mitt romney is a very traditional republican. donald trump is always a counter puncher. jeff flake talked a big game but didn't vote that way. we'll see what mitt romney does. >> trace: capri, kristin, both of you, thank you so much. >> thank you. >> trace: trouble from north korea's kim jong-un as 1 of his top diplomats goes into hiding. and a former marine held prisoner in russia. his lawyer speeding to the media and the plan to free him. and we're down again below 600 pounds. we rallied a little bit. it was above 500. now dropping below 600.
12:22 pm
we get the latest on that after the break. 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 now: 1-855-376-1361.
12:23 pm
12:24 pm
12:25 pm
>> trace: an american facing spying charges in russia is handling everything well. paul whelan is a former marine
12:26 pm
that works as a corporate security director for an auto parts company in michigan. his brother said he went to russia for a wedding and disappeared. on monday, the federal security service reported agents arrested him while he was carrying out a spy mission. benjamin hall reporting live in london. benjamin? >> today russia formally changed paul whelan with espionage. now we're learning more details of the charges against him all be it through russian media. they say that whalen was caught after receiving a flash drive from a secret russian department. the security services said he built up years claiming contacts via social media. they went on to say that he was in russia and came to the intelligence services because he had shown no interest in pretty
12:27 pm
russian women but dreamt with male friends that had connections to confidential information. so very strange information coming out of the russian media. the state department not saying much. so at the moment, that's what we know. trace? >> trace: it does get more bizarre. who else do we know about what whelan is doing in custody? >> yesterday he got access to consulate. paul whelan is being held in an infamous prison. his lawyer said he's behaving constructively and hopes that the investigation against him is not bias and his lawyer said that he was certain that his attention and arrest were ba baseless. paul joined the marines in 1994.
12:28 pm
he served two tours in iraq. he was convicted in 28 on charges related to larceny and received a bad conduct discharge. russia says that that is cover. we're hearing from experts this is a bigger issue and he's being used as a pawn between the two countries as tensions between them escalate. we'll learn more in the coming da days. many people hope help will be released soon. >> trace: thanks, benjamin. prosecutors in saudi arabia said they're asking for the death penalty for five people in the death of jamal khaishoggi. they said they'd asked for more time to prepare for their cases. we don't know who they are at this point. saudi arabia said 18 people were arrested for the murder that happened in turkey.
12:29 pm
jamal khaishoggi wrote columns critical of the saudi kingdom and the crown prince.photos show members of the prince's entourage at the embassy for the assassination. officials say the prince was not involved. u.s. intelligence officials have concluded that he ordered the killings. there's word north korea's top diplomat in rome has gone into hiding, which raises the questions did he defect. a south korean lawmaker says the diplomat vanished with his wife back in november just before his posting to italy ended. he would be one of north korea's highest profile defectors and a major embarrassment to kim jong-un. greg palkot reporting live in london. greg? >> trace, we're sorting through a lot of different and fresh reports about what could be a significant defection coming from north korea. the man is joe son gil.
12:30 pm
he was the ambassador to italy. his father and father-in-law a top north korean diplomats. the u.n. food program is based in rome. after three years there, he and his family went missing in early november. the latest word is that he's under the protection of the italian government and that he's applying for asylum with a third country, trace. >> trace: greg, what could this mean for talks between north korea and the united states? >> well, it could complicate things. the very least, it could be an annoyance for north korea. kim jong-un just laid out his strategic agenda for 2019. the last thing he wants is someone going public with dirt. a defection of a former ambassador here in the u.k. caused a stir. president trump, south korean
12:31 pm
president moon are working to improve relations with north korea. they might want to down play this as well as they try to get their own goals. the bottom line is, nothing is confirmed, trace. we don't know what the real motivations of this man is. he might just not want to go back to pyongyang and stick around rome and have more pasta. back to you. >> trace: thanks, greg. live in london. thank you. a chinese space craft making the first ever trip to the far side of the moon. plus a live report from the new york stock exchange where the dow tanking today. down 614 next. ♪ be right back. with moderate to severe crohn's disease, i was there, just not always where i needed to be. is she alright? i hope so. so i talked to my doctor about humira. i learned humira is for people who still have symptoms of crohn's disease
12:32 pm
after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. 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, remission is possible. your insurance rates skyrocket you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. switch and you could save $782 on home and auto insurance. call for a free quote today.
12:33 pm
liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪
12:34 pm
12:35 pm
>> trace: a fox urgent now. a live look at the dow. hold on to your wallet. it's going down again. recovered from a couple minutes ago. down below 600. now you got 569 down. still way in the red.
12:36 pm
the fox business network susan li reporting live at the new york stock exchange with more. susan? >> here we are in the final hour of trade usually where the action takes place. we're in for another substantial sell-off today. apple spooking the markets. they did something that they haven't done in 15 years, which is to tell us that they're going to make less money than anticipated and because apple is such a big heavyweight, a big company when it sells off having the worst day in six years, it takes the rest of the u.s. markets along with it. the problem for apple, china. slowing iphone sales in the world's second largest economy. if the most successful u.s. company is having problems in china, what does that mean for other companies trying to make money in that country, trace. >> trace: it was like the fourth most popular brand in china now, which is a drop. manufacturing is dragging down the markets, too.
12:37 pm
>> that's right. the concerns are about the u.s. economy. we had the ism a factory index to see the inventory build-up and whether or not there's a lot of goods moving across the country. shocking investors today. we saw the weakest and the biggest drop since 2008. the weakest levels in two years. so this is people rethinking this moderating growth that we're heading into 2019 with. >> trace: yeah, the fox business network susan li live with us at the stocks exchange. china becoming the first country to land a vehicle on the far side of the moon. that's according to officials from the national space administration. kristin fisher reporting live with more. kristin? >> this is a huge moment for the chinese space agency. this puts them on the map as a true global space power. on par with russia and the united states. this is only the beginning. the chinese space agency has plans to send chinese astronauts
12:38 pm
by 2030. first, they're going to study the data being sent back which has landed in the oldest and deepest crater on the moon. it could be rich in helium 3. it's a first for humanity and an impressive accomplishment. despite the congratulatory feat, this is a direct challenge to mcdominance in space, something that the president has promised to restore. >> when it comes to defending america, it's not enough to have an american presence in space, we must have american dominance in space. >> china's space budget is growing at a time when the u.s. and russia's and the u.s.' budget is shrinking. >> what about nasa? any plans to send astronauts back to the moon? >> they do, but that effort was
12:39 pm
dealt a huge blow by president obama who cancelled the constellation program who wanted to return the astronauts to the moon by 2020. a year ago, president trump put the u.s. back on a path to return to the moon, but many aero space experts have said and worry that this time in this new space race that the u.s. could get beat only this time by the chinese. trace? >> kristin fisher live in d.c. thank you. meantime, an astronaut says he accidentally called 911 from the international space station. the dutch astronaut says it's pretty easy to call earth from the space station. you just dial 9 and then 011. but he missed the zero. that apparently set off a security alert at mission control in houston. the astronaut jokingly said that he was surprised that nobody came to the space station to check on him. more politics ahead. lawmakers in the new congress
12:40 pm
taking their places today. there's one notable absence. we'll explain. first, a teenager charged with murder after a deadly car crash. investigators say the incident began with a prank. that's next. my experience with usaa has been excellent. they really appreciate the military family and it really shows. with all that usaa offers why go with anybody else? we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. it was funny because when we would call another insurance company, hey would say "oh we can't beat usaa" we're the webber family. we're the tenney's we're the hayles, and we're usaa members for life. ♪ get your usaa auto insurance quote today.
12:41 pm
today's senior living communities have never been better, with amazing amenities like movie theaters, exercise rooms and swimming pools, public cafes, bars and bistros even pet care services. and there's never been an easier way to get great advice. a place for mom is a free service that pairs you with a local advisor to help you sort through your options and find a perfect place. a place for mom. you know your family we know senior living. together we'll make the right choice.
12:42 pm
12:43 pm
12:44 pm
>> trace: a 14-year-old boy in texas charged with murder after investigators say a prank led to a deadly car crash. casey stegall is live with more. tell us about this prank. >> a prank that wasn't so funny clearly. police say the teen driver that caused this whole thing was throwing eggs at random cars with his friends in the moments leading up to the deadly accident. they say that they believe that is what set off this entire deadly chain of events. in fact, surveillance tape from nearby businesses now paint a clearer picture. it shows the exact moment that the 14-year-old sped through the intersection, running a red light and slamming into the truck killing the driver. the video also shows a yellow car running the red light as well parentally in hot pursuit of the teens at the time.
12:45 pm
they told deputies they were trying to get away from that car because the driver showed them a gun. moments after the crash, you can see the yellow car fleeing and speeding from the scene. the driver was located and cooperating with authorities. prosecutors say it's possible that he could be charged with failure to stop and render aid resulting in a death, which is a felony in a grand jury indicts him on it, trace. >> trace: just a gruesome crash. we're hearing from the victim's family? >> yes. they described a woman that lived each day to the fullest. she lived in south texas, a 45-year-old single mother. just so happened to be up in houston to ring in 2019 with her family. they say that she was just out running a few errands at the time of the accident. authorities say this is
12:46 pm
unfortunately a case of the woman being in the wrong place at the wrong time. now her family, her daughter, they all want justice. listen. >> he did what he did. he took my mother's life. so he has to pay for what happened. >> as for that 14-year-old, unlicensed driver, he suffered a broken ankle in the crash, taken to the hospital and has been arrested and now in detention at a juvenile facility formally charged with murder now. trace? >> trace: casey stegall live in dallas. thank you. let's bring in bob bianchi, a defense attorney and former prosecutor. the daughter of the victim is right. he did what he did. somebody has to be held accountable for this. >> absolutely, this is the kind of case where you need to send deterrence. this issue of teens and people
12:47 pm
driving recklessly and causing depth is a rampant epidemic throughout the country. there's an odd twist. the kids were trying to escape from someone with a gun. defense attorneys will say that's a defensive necessity because these kids were trying to get away from the adult. kids will be kids. they did a horrible things, resulted in this death. this adult is looking at serious time here. >> trace: if you're an adult and somebody throws an egg at you, you're not allowed to chase them? what makes it so nefarious for the guy chasing him? >> it's not vigilante style justice. you call 911. you can't be driving recklessly because somebody threw an egg at you causing you and them to go at a red light. the gun is an added element of the problem in addition to the law cited by the reporter that failure to stop where there's a
12:48 pm
deadly car crash is a third degree felony. >> trace: let's talk about the 14-year-old. we know he won't let life in prison. this is not one of those cases even though he's charged with murder. what is he facing here? is this one of those things that they say look, we have to charge him with something because of the optics, it's a bad-looking incident or what is exactly going on here? >> great question, trace, this is texas. texas does not play. they typically will charge somebody with plan slaughter. they charged him with murder. felony murder. that is unauthorized use of the motor vehicle, a death results. so i'm thinking they're doing that because they're looking at the potential of waving this case up to the adult courts the try him as an adult. that's the only charge able to do that with in this particular case. that explains why they charged felony murder as opposed to the typical manslaughter case. >> very quickly, bob, down the
12:49 pm
road, who is getting more time here? the kid driving the car or the guy chasing the kid driving the car? >> with juveniles, the general rule is you try to look towards rehabilitation unless they get waived up as an adult. at first, the kid looks bad. if they can prove he was being pursued by this guy and the guy had a gun, he could have more time. i'm looking at him as the primary cause as to why the kids fled through the red light. that will be the kid's defense. >> trace: yeah, the victim, there's got to be some accountability for the victim as well. thanks, bob. >> thanks. >> trace: ahead, a new mayor sworn into office. a few hours later, he's shot dead and officials say it's part of a deadly and disturbing trend. as new members of congress are being worn in, there's at least one that is noticeably absent after accusations of election fraud.
12:50 pm
details on that coming up. you always pay your insurance on time.
12:51 pm
12:52 pm
12:53 pm
tap one little bumper and up go your rates. what good is having insurance if you get punished for using it? news flash: nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪
12:54 pm
>> trace: well, a mayor in mexico sworn in and murdered just two hours later. it happened in the southern state of wahaca, 225 miles south and east of mexico city. >> the mayor was on hi ways to city hall for a meeting with his colleagues when a man started shooting at them. this happened in the city of oaxaca. the major died at the hospital from internal bleeding due to being shot in the lung, a 35-year-old man has since been arrested. authorities believe he's the only one involved in the attack. many including mayor's wife are calling for a full investigation into his murder fearing other people might have been involved. >> to do everything possible to clarify this murder. there's no impunity.
12:55 pm
that's what we're asking for to clarify this and to support us. >> the prosecutor has him in detention and we hope that very soon there's a precise investigation into the assailants. there was not just one person involved. he wasn't the mastermind. there's others behind this case. >> this is the second mayor killed in mexico since the inauguration of the new president. according to one global conservative for 175 politicians were needed. >> trace: and now we know why there's so much hesitancy for people to run for us a. we're watching for the new congress. nancy pelosi sworn in. and now others being sworn in. the first time they have controlled that chamber since 2011. even though the new congress is
12:56 pm
in session, north carolina is still short a lawmaker. jonathan serrie is live with more. >> hi, trace. democrats that now control congress are now refusing to seat republican mark harris. an investigation is underway in north carolina over allegations of voting irregularities. today a courier for harris' legal team delivered documents asking for the judge to certify the race, which the republican leads by 905 votes. robin hayes issued a statement saying dr. harris won more legal votes in this race an no public evidence shows other wise. allegations of massive manufacturing altering and/or destruction of votes has not been proven to be true. harris continues to cooperate with the investigation and met with staff members of the state board of elections today for nearly two hours. a three-judge panel has disbanded the board's leadership
12:57 pm
over the race. democrats are still fund-raising for dan mccreedy. state part leaders want a new general election and a new primary as well. what is needed is a new elections board, hearing and ordered. the hearing would scheduled for january 11. that has been postponed because there will be no board members to oversee such a hearing and also because you need actual elections board members to call for a new election unless the courts get involved. it appears this congressional seat from north carolina will remain vacant for the days ahead. trace? >> trace: thanks, jonathan. a fox winter weather alert. freezing conditions from texas to oklahoma making a slippery mess after covering parts of the desert earlier this week. this is snow blanketing the
12:58 pm
grand canyon in arizona. rick reichmuth has more. >> northern arizona getting a lot of snow from this system moving slowly. it's an upper level system. they move slower than a lower level system. bringing snow a cross oklahoma. by the time this is said and done, which will be overnight and tomorrow, some spots there, 10-12 inches, especially the southwestern side there. there's a rainy side to this in front of it. the rainy side continues to bring a threat for flooding. not because this rain over time will be heavy but because the ground is so saturated from the wet december that we saw in the southeast. another two or three inches of rain will cause a little flooding across there. this is how much precipitation you'll get. you'll see this area here. maybe that's in that two inches or so rain across the gulf stretching throughout the nor governor mountains. where the snow is, take a look
12:59 pm
at this. we bounce back up quickly by the weekend. take a look at the temperatures. nowhere in the country, early december, we have temperatures through the weekend looking good. in fact, nice and warm across the southeast. trace? >> rick reichmuth live for us. thanks. a little bit of breaking news. we look at nancy pelosi continuing to swear in new members. we have just been notified from our senior hill producer that 11:30 tomorrow, the white house has invited top lawmakers to go there and discuss, see if they can come to terms on ending the partial government shut down. here's the catch. at the same time, the house has scheduled votes. so right now it's unclear if it's going to happen at 11:30 tomorrow or not. we'll keep you posted on the meeting, which could be a very significant deal. meantime at the corner of wall and broad, still looking shabby down there. now it's down 670.
1:00 pm
one of the low points for the day. we rallied a little bit. we were above 500 and now we're below 700. i'm trace gallagher. "your world" with neil cavuto starts now. >> neil: well, at least it's over. welcome. i'm neil cavuto. fox on top of china slowing down, investors bailing out and apple just down and out. i mean really down. really far out. fox business network's ashley webster keeping track of it all. >> how painful it is. what the heck indeed? we'll use heck for television. it's been clear that iphone sales, talk about apple in china, iphone sales have been slowing down for some time. it's the scale that has given the stock a jolt today. apple expects revenue for the next quarter to be as much as $9 billion less than previous projections. almost all of t