day because of the state of the union. we have got some good stories for you. you will not want to miss that. been a pleasure to be with you today. thanks for joining us, everybody. i'm dana perino. up next you know who you have got. it's shep. >> shepard: arizona's biggest border city now threatening to sue the united states of america over a razor wire that the government just ran through its downtown. weave will show you why the mayor says he is worried that kids could get severely hurt. this is in a county that hillary clinton won with 70% of the vote. but the feds say somebody asked them to install this razor wire concertino wire from both sides ahead. we are live border in texas. hundreds of troops on the way because of what the caravan calls migrant caravan activity. reporting begins now. ♪ now, shepard smith reporting live from the fox

news deck. >> shepard: our reporting begins in the commonwealth of virginia where another day, another racist revelation involving yet another politician. a new one today. scandals are rocking the capital and the commonwealth's top three democrats are fighting to keep their jobs. the lieutenant governor justin fairfax hiring the same legal team that represented the supreme court justice brett kavanaugh when he also faced a sex assault accusation. this all comes after the lieutenant governor accused the lieutenant governor's accuser hired the same lawyers who represented justice kavanaugh's accuser dr. christine blasey ford. fox news has learned fairfax's accuser apparently tried to tip off a virginia congressman about her story a year ago but it didn't go anywhere. more on that in a moment. meantime the governor, ralph northam still refuses to step down over the racist yearbook photo and his admission that he dressed in blackface for a dance contest in the 1980s and even before that the attorney general mark

herring, who admitted he also wore blackface in the 1980s still has not resigned even though he called for the governor to step down before his own scandal broke. take a look at the front page of the "new york post" today. it is quite an onslaught. if all three democrats step down, virginia's speaker of the house would be next in line to become governor. he's a republican. and now a fourth state official caught up in a blackface scandal and more. ellison barber reporting live from richmond. >> hi, shepard. dr. vanessa tyson says that lieutenant governor justin fairfax sexually assaulted her in boston during the 2004 dnc convention. fairfax claims that encounter was consensual but that the detailed statement released by dr. tyson yesterday has led to a resignation call from the national organization for women and calls for an investigation from one

incredibly high profile democrat. >> i think that the letter written by the woman reads as credible account and i think there should be an investigation to get to the bottom of it and determine the facts. it's quite detailed and suggests that there is credibility there. but there needs to be an investigation to determine what exactly happened. >> and there is now another politician involved in this particular allegation, congressman bobby scott a long-time congressman from the state of virginia. he apparently learned of this allegation involving fairfax a year ago. the story was first broken by abc news and aid to scott confirmed to fox news that entire story but said the congressman had very few details and initially tyson only told him there was a me too moment involving fairfax. according to the aide there

was correspondents tyson and scott in 2007 and january of 2018. scott talked about this a little while ago. >> she did not. >> she told she had reported it to the "the washington post." >> so you knew there were allegations against the lieutenant governor? >> no. no. not before "the washington post." >> do you still have faith in lieutenant governor. >> i don't know what the facts are. >> have you spoken with dr. tyson? she says you are friends. >> not recently. >> so, again, that aide is adamant that, yes, scott was aware of something involving fairfax a year ago. but, again, he says he did not have any details initially when tyson reached out to him. he says that he later learned a little bit more information when reporters from "the washington post reached out to him at the request of dr. tyson when they were trying to work on that story that they ended up not actually publishing the aide says that he was -- the contacts that came from "the washington post was at the direction of dr. tyson and that she wanted them to reach out to congressman scott.

sort of a character witness. again, they remain adamant that congressman scott did not know the details of this allegation. shepard? >> shepard: this is too much to follow. i mean, it is too many names. it is too many occurrences. it is too many indistances. it's too many lawyers. it's too many accusations. it's too much. and now there's another one? what is this new one, ellison? >> yeah. the top republican in the state, a state senator by the name of tommy norman he reportedly oversaw a yearbook at vmi virginia military institute in the late 1960s, a yearbook that according to the virginia pilot was filled with racist photos, racial slurs and including a number of pictures of individuals in blackface. reporters tried to talk to him a little while ago here in richmond asking if he regrets serving as the editor of that yearbook. he actually did not really respond. all he would say is this, quote. i'm just here doing my job. we have called his office. we have texted his aides.

we have tried to leave voice mails. we have sent emails. so far, shepard, we haven't heard back. >> shepard: elm son barber on scene. lawyers, virginia. the senate judiciary committee approving president trump's attorney general nominee the vote split down the lines. bill barr's nomination goes to the full senate. members of both parties are concerned about whether barr will release the full report from the special counsel investigation. he says he will be transparent. catherine herridge is with us and technical difficulties. we are joining her by phone. catherine, hello. >> sometimes it the line works like a dream and sometimes it doesn't. that's not going to stop the news today. we had a lot of news in the last couple hours. we had that committee vote on the attorney general nominee william barr. that was along party line as anticipated 12 republicans, 10 democrats. that sets the table for a confirmation vote as early as next week.

we did hear reservations from republicans and democrats about the barr confirmation. they still have lingering questions about how much of the special counsel investigation report will be public. as you remember from barr's confirmation hearings, what he said is based on the regulations. he gets a confidential report. then he makes a decision if attorney general what goes to congress and what goes to the public. and he stopped short of making the entire report available to all involved. sort of a sticking point and another issue was this memo that he wrote to deputy attorney general rod rosenstein. it was 19 pages. it was unsolicited. and it was 19 pages and unsolicited and it went to this question of whether an obstruction of justice case could be brought against the president for the firing of the fbi director, democrats say they still remain uncomfortable simply with the fact that barr took the initiative to write that memo and especially the timing of when it was sent,

shep. >> shepard: all right, catherine herridge live with us. catherine, thank you. ♪ >> shepard: live look capitol hill and hearing set to start on presidential tax returns. did you hear that? a hearing on the president's tax returns. as the world knows, the president did not release his returns during the 2016 election cycle. hasn't since and says he won't. now a house panel is considering a proposal to require presidents and presidential candidates to release their taxes. mike emanuel reporting live from capitol hill. >> well, shep, now you are starting to seat impact of democrats in the majority in the house of representatives calling for hearings like the ones scheduled this afternoon in the ways and means committee trying to get access to president trump's tax returns. we got a bit of a preview earlier from house speaker nancy pelosi. >> i think overwhelmingly this public wants to see the president's tax returns. and so, they want to know the truth. they want to know the facts.

and he has nothing to hide. >> a freshman republican member told us earlier he has concerns about lawmakers going too far. this is really just the start of lawmakers here on capitol hill in the house of representatives looking into the president, his financial background, and also his business dealings. shep? >> shepard: what are lawmakers saying about a government funding bill on this, mike? >> well, shep, the temperature really has come down here on capitol hill. you have house speaker nancy pelosi telling reporters today that she is confident that the negotiations that are underway will produce a result that she would support. we also heard from the republican appropriations chairman in the senate, richard shelby who expressed optimism. says he expects a deal by monday after he briefed president trump. >> i don't know if he had signed whatever we came up with, but i, the president had a very positive conversation with the president and the vice president earlier today and

i believe he was very reasonable with us. >> it is worth noting there is not a deal until it is done. but it really feels like nobody here on capitol hill wants another partial government shutdown after the longest one in american history. shep? >> shepard: mike emanuel reporting. live from capitol hill. ahead, the fire that witnesses say sent them into crisis mode. the flames coming from an explosion. why it took extra manpower to put this one out. also, what we're learning about the woman found dead and tied up in a suitcase in one of what's considered the safest and wealthiest cities in all the nation. and we are hearing from the father of a man accused of kidnapping jaymee claus and killing her parents. that's coming up as reporting continues on a thursday afternoon. ♪ ♪ and every time we move, things change.

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♪ >> shepard: a fast explosion blasted flames above rooftops and sent people running for their lives. happened at busy

intersection in san francisco. somebody shot this video from decide the car at the scene. haven't heard of anybody hurt. folks who saw it happen say there was no warning. >> it sounded like a jet was flying by initially then when i looked over a fire was going on. >> just to know that something like that could happen, something that quickly, it's just pretty terrifying. >> shepard: while the fire started suddenly, stopping it took a lot of work. utility crews had to dig through asphalt to shut off underground gas felony and had to do it with only shovels because construction equipment could have ripped more lines in the same spot. investigators say the flames burned five buildings in the area, including a popular dimson restaurant. murder mystery in one of the safest and wealthiest cities. today police identified the woman found stuffed in a suitcase near the side of the road in greenwich, connecticut up from new york. they say she was 24-year-old

valerie reyes from new york. police say her hands and feet were bound and there is no doubt, say police, that somebody killed her. her family had reported her missing last week after she didn't show up for work. according to a local newspaper, she took her iphone, ipad, clothes and sheets with her before she disappeared. the medical examiner hasn't released any details on how she died. and so far no arrest. the father of the man accused of kidnapping jayme closs and murdering her parents says he is heart-broken for the teenage girl and struggling to make sense of how it all happened. according to court documents, his son, 21-year-old jake patterson targeted jaymee after seeing her get on a school bus. he later told investigators he knew she was the girl he was going to take. though he had never met her. jay mia was missing four months before she was able to escape and get help from a neighbor. mike tobin reporting live

from our bureau. >> it's hard to imagine what a father would be thinking if his son admitted to callously killing two people with the goal of kidnapping their daughter. but according to court documents that's exactly what jake patterson did. patrick patterson, the father, told abc news good morning america he is thinking about jayme close and her family. >> i would like to humbly ask people to pray for a complete healing of jayme's heart, mind and soul. our hearts are broken for their family. very sorry for everything that has happened. >> shepard: now in the courtroom yesterday jake patterson turned to his family and told them he loved them. same family christmas party while jayme was held captive under the bed near feet away. facing two counts of murder. one count of armed burglary and one count of kidnapping. patterson is looking at maximum penalty of life in

prison. patrick, the father made a point of mentioning the treatment the suspect's family has received from authorities in this case. >> i would like to thank the federal, state, and local authorities for their professional and respectful manner that they have treated me and my family. >> jake patterson waived his trite a preliminary hearing. that moved the case forward to trial. the next appearance will be march 27th for an arraignment. at that point jake patterson will be able to enter a plea of guilty or not guilty. shep? >> shepard: mike tobin in chicago. come up we will head to the southern border near the spot where hundreds of migrants are said to be waiting to enter the united states. officials say it could take months to process their claims. also check in on the fight over the new razor wire in arizona's biggest border town. the mayor threatening legal action to get rid of it that's next. first, word now has just crossed that the hall of fame baseball player frank robinson has died at the age of 83.

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>> shepard: the mayor of arizona's largest southern border town says the city will sue the federal government if they don't get rid of this brand new razor wire that now covers the city's entire border wall downtown. the city council in nogales voted last night to condemn the installation of this wire. we have a photo coming up that shows u.s. soldiers putting up new rows of it on saturday. you can see it's up on the top of the wall and they say also down on the ground.

this is on a hill just above the city's downtown. the council's resolution says the wire could hurt or even kill people and that it is usually use used in war zones or prisons. imagine a child falling into it or a dog running into it. u.s. tuesday comes and border patrol reports it received a request for additional support in high risk urban areas commonly exploited by criminal smuggling organizations but it didn't say who requested this wire. trace gallagher reporting live from our west coast news hub. trace? >> shep, nogales, arizona has a population of 20,000. nogales, mexico has half a million residents. they are sister cities. many people in nogales, arizona have friends and family who live across the border and both mexican and u.s. residents cross back and forth on a regular basis to shop and dine. the local economy relies on cross-border trade residents are furious because, one they think the raiser wire is unnecessary and two they think it's dangerous.

the resolution passed by the city council says in part placing coiled con stern teen know wire strands on the ground is typically only found in a war, battlefield or prison and not in urban area setting such as downtown nogales, arizona. the statement goes on to call it inhuman. here is a local resident. watch. >> it's a public nuisance in any case. it's lethal. if somebody gets tangled up in that you know, they could be killed. >> the city is also requesting help now from the new republican arizona senator martha mcsally, shep. >> shepard: what's the politics down there in that border town? >> well, it is a significant hispanic population and in 2016 the city voted largely democrat. but, they are not against the barrier itself, which has been there for a while. this is all about the razor wire. in fact, if you go back a few years, people in nogales, arizona, wouldn't dare cross the border because the cartel violence

in nogales was at epidemic levels, including hand grenades and machine guns and there are still some very violent episodes. but the border patrol now acknowledges that illegal crossings in no gal less are way down. those who do cross only stay for a few hours and where there is high podesta activity the razor wire is only supposed to be at the top as you saw in the pictures it tends to be at the bottom. residents are very worried about kids and pets in rural areas as well as downtown. shep? >> shepard: trace gallagher for us. thank you. as that concern over the border fence continues or the wire there. more u.s. troops and law enforcement officials are heading to a down 700 miles away in texas. the small border community of eagle pass near where some 1800 migrants in mexico are waiting to peacefully enter the united states. the processing center is not equipped for this many people. and the locals tell us it could take months to get through all the applicants. but for those who have

traveled hundreds of miles to legally seek asylum, the land of the free is finally within sight. casey stegall reporting live in eagle pass. casey? >> hey, shepard. some context and perspective for you on why it can take so long to process all of the asylum claims. when you are applying for asylum, each case requires an initial interview. right? and federal authorities tell us those interviews can take anywhere from 2 to 3 hours at a time. so you can start to do the math and they say that that's why they can only process a maximum of about 20 cases a day in this small border community. but the mayor over in piedras negras, mexico where the caravan of about 1800 members are being housed while they wait, which is only about two miles from us, i should point out, say that their government resources could keep this warehouse turned makeshift shelter open for only about three months.

so, although additional resources have been brought in on both the united states and on the mexico side, federal officials say they are still in a tough spot here. >> at this point, the system is total capacity. is at total capacity. at all points in the process. the status quo is not sustainable. the situation demands action at a variety of fronts. >> the texas governor has ordered the national guard and additional texas state troopers to the area to help out. 250 active duty troops are being moved from arizona to eagle pass to the pentagon. sings the group's arrival on monday over in neighboring piedras negras, mexico, there have been no clashes or reports of violence between police on either side of the border. shep? >> shepard: casey stegall live for us. president trump just spoke

about border security at the white house. chief white house correspondent john roberts is there. what happened? >> good afternoon to you, shep. some signs that there mate be a little bit of movement here in negotiations with the conference committee up on capitol hill toward reopening government and also providing for some border security, mitch mcconnell saying he is hopeful that the conferees can reach an agreement by next friday. listen to what the president said when asked if it was possible the conferees could come to some sort of an agreement. >> there could be. i hear they are working on something. we will see what happens. i certainly hear that they are working on something and both sides are moving along. we will see what happens. we need border security. we have to have it. it's not an option. let's see what happens. >> customs and border protection and border patrol officials went up to capitol hill yesterday to brief the conferees. i'm told by sources there was a lot of talk about hardening up ports of entry. adding on new layers of technology including a lot of new sensors, but cbp also

making barriers there. some sensors are two hours away by vehicle. as all of this was going on the president in a political pr war with congressman adam schiff chair of the house intelligence committee after schiff said yesterday, responding to the president's state of the union address that he was going to launch a new investigation not only into possible tie between the trump campaign and russia but into all of the president's financial dealings to see if there was any indication that his decisions or decisions made by members of the administration were based on financial considerations. the president taking a blow torch to schiff and other democrats over that and other pending investigations. the president saying, quote: never happened before. unlimited presidential harassment. the dems and their committees are going nuts. the republicans never did this to president obama. there would be no time left to run government. i hear the other committee heads will do the same thing. now, there were plenty of investigations during the

obama administration, benghazi, to name one, fast and furious, irs targeting of conservative groups, solyndra, the failure of the obamacare website to name a few. true there was no investigation of president obama's financial dealings either his personal or business ones because he didn't happen to be a billionaire businessman there was really nothing to investigate on that front. shep? >> shepard: john, thank youment ahead there is word the u.s. army is about to make the fitness test harder. some of the generals claiming the new recruits weren't in good enough shape for battle. that's next.

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♪ one plus one equals too little too late ♪ ♪ a sock-a-bam-boom ♪ who's in the room? ♪ love is dangerous ♪ but driving safe means you pay less ♪ ♪ switch and save ♪ yes, ma'am excuse me, miss. ♪ does this heart belong to you? ♪ ♪ would you like it anyway? [ scatting ] >> shepard: there is word the army's fitness test for new recruits could be getting a whole lot tougher. the associated press reports military commanders have been complaining that the current test is too easy. and doesn't prepare enough soldiers for the physical challenges that they may face on the battlefield. according to the associated press, this new test would include lifting more than

300 pounds and dragging a heavy sled. also, everybody is graded on the same scale, regardless of age or gender. national security correspondent jennifer griffin live at the pentagon. jen? >> shep, the army has found that 71% of young americans between the ages of 17 and 24 are the target age of recruiting are ineligible to serve in the military because they are so out of shape. many commanders have complained that those who are recruited are leaving basic training without the requisite fitness to serve in combat. then there are those older soldiers who have desk jobs and the time-worn fitness test was not keeping them prepared for combat. at any given time 12% of the u.s. army is not deployable because of injuries often due to lack of fitness. >> our current physical fitness test is a greatest of general fitness. however, it was not a good test for the physical components of fitness required to do your job as a soldier, any soldier in the army on the battlefield. >> now the army has come up

with a new fitness test and longer basic training in an effort to ensure a more lethal force. the entire army will be required to use this test by october 1st. shep? >> shepard: how different is this new test? >> well, in the past the test included two minutes of pushups, two minutes of situps and a two mile run. the new fitness test includes six events and focuses on strength and agility to imitate the kinds of actions that a soldier actually encounters. carrying a buddy in full gear off the battlefield, pulling a 90-pound sled and dead weight throws to imitate lifting equipment in the field. >> it is harder. but, it is not undoable. >> these events measure your ability to be able to carry a litter. they measure your ability to be able to carry somebody who has been injured. >> the new test takes about an hour and includes a dead lift with weights between 140 pounds and 340 pounds. a standing power throw which requires soldiers to throw a

10-pound medicine ball backward and overhead and the sprint, drag, and carry includes 50-yard sprint and leg drag and 50-yard lateral run. when that is done you go onto the two mile run. shep? >> shepard: jennifer griffin at the pentagon. a 5-year-old girl is alive after she spent 18 hours trapped under a collapsed apartment building in turkey we have photos of rescuers carrying her to an ambulance ted. her neck in a brace. see there? rescuers say they have pulled out 13 people who were hurt. at least 10 have died. rescuers say they are still hearing sounds, suggesting to them more people may be alive under that pile of cement and metal. nearby surveillance cameras captured the building coming down. look in the distance there investigators say the top floors of that building were built illegally. but they are still trying to figure out exactly why it collapsed. "the washington post" writer jamal khashoggi was the victim of a brutal and premeditated killing. that's what a u.s. investigator now says more

than four months after the murder in the saudi consulate in turkey. and the investigator says saudi officials seriously undermined turkey's efforts to investigate khashoggi's death. the columnist was a known critic of the saudi government. and the cia concluded that the crowned prince, mohammed bin salman likely ordered khashoggi's killing. the saudis deny that the u.n. investigator says she plans to release her final report on this in june. iran apparently tried to launch a second satellite into space after u.s. officials accused the country of using its space program to develop ballistic missiles. that's according to analysts at digital globe. that's a commercial satellite company which released these images. they say that one on the left here shows a launch pad on tuesday with what appears to be a missile and a lot of activity. the one on the right of your screen from yesterday. that one appears to show an empty launch pad and burn manchester our state

department rich edson reporting live. rich? >> state department officials say launches like these, attempted launches like these are essentially iran's development of its ballistic missile program and the fear, according to u.s. officials is that iran is using these types of launches to develop a program that could create a missile that can carry a nuclear weapon and hit the united states or europe. now, as for whether this launch was successful, someone, an analyst using planet imagery has told us, quote: it has been more than a day now and iraniansians have release digital media related to the launch and barely mentioned it in text base media indicating it severely under performed or failed. iranians say they is a peaceful program. not used for military purposes. the u.s. had warned iran trying to launch a missile less than a month ago and that launch failed, shep? >> shepard: rich edson live at the state department. thousands of people trying to escape a few square miles in syria where u.s. backed rebels are fighting the

islamic state in the last area still reported controlled by the terror group. the fighting happened in a few villages in a certain district there called hajin in eastern syria right near the iraqi border. there are reports that isis fighters are trying to blend in with civilians to get out of the region. there is a plan to stop them. trey yingst reporting live from our middle east newsroom. >> shep, as the current fight against isis comes to an end, thousands of civilians are fleeing this final pocket of land that is held by the militant group in an area neither city of bagos today. civiliancivilians were separated into lines by gender and age before being fingerprinted and undergoing a security check. u.s. backed kurdish fighters are searching for isis militants looking to escape amid the refugees. according to the syrian on oobservatory for human rights 36,000 syrians have fled isis territory since december. shep, 3200 of those people are believed to be isis

militants. >> shepard: what happens here once this last pocket is noted as defeated? >> well, right now there is -- there are questions, shep, about who will control this region once isis is completely defeated. we do know that later this month in sochi, russia, russian president vladimir putin will be meeting with the turks and iranians to discuss the future of syria. the united states will not be a part of those talks. this does raise questions about who will control the region and who also will facilitate all of these civilians getting back to their homes. shep? >> shepard: trey yingst, live in jerusalem. huge problems at one of the world's biggest banks. why a lot of wells fargo customers are getting knocked offline ahead. we will also go live to the chicago auto show where one of the biggest names in pickup trucks is trying to reinvent the tailgate. ♪

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♪ >> shepard: there has been a fair share of news about wells fargo. if you try to log on to your account today, best of luck. customers across the country are reporting problems with online banking and the company's mobile app. tried to get on a minute ago. cannot. wells fargo sent out a tweet that there was smoke at a facility and workers shut the power down there. which apparently knocked out everything everywhere for everyone or just about.

rick leventhal. what's going on here. >> a lot of unhappy customers. wells fargo is one of the top five biggest banks in the world. they have over 8,000 branches and 13,000 atms across america and some 70 million customers around the globe. any issue is going to be felt by a lot of people. this case the source of the problem was far from the san francisco based company headquarters. instead, it was a fire at a computer server form in shoreview, minnesota. that fire forced the shutdown of servers tryinged atm outage. instead of a customer in a tweet wells said we are experiencing system issues due to a power shutdown at one of our facilities initiated after smoke was detected following routine maintenance. we are working to restore service as soon as possible. we apologize for the inconvenience. we had a crew at a branch here on sixth avenue and some of the atms were working at some point earlier this afternoon. we are still waiting to hear from the company about how people across america will

finally get their cash and when. >> shepard: account unavailable. account information unavailable. sorry we are experiencing technical difficulties. >> you will probably be okay though. >> shepard: something else. >> a lot of people. >> shepard: apple pay. >> people could use that cash is king. >> shepard: thank you, rick. >> sure. >> shepard: automakers showing off latest and greatest at the car show. hearing a whole lot of talk about a truck with new tricks. who better than jeff flock to report on this one. is he live at chicago auto show. show it to me, jeff. >> i will tell you, you know, people having technical difficulties getting into the bed of their truck. you know how to open a truck tailgate, right? just opens down like this. sometimes it's tough to get in there. look at this. this is the new ram 1500. and i will tell you, auto industry analysts we have talked to here say this is a game changer. rebecca, you might know is a

famed auto industry analyst. this opens this door up for women. >> it's amazing. it opens it up not only for women but for people with any kind of aging population kind of issues. >> can't reach into the doggone thing and climb right in here. >> you have this secret little step that just allows you then to get up. >> how tall are you? >> i'm 5 feet tall. >> and can you go all the way up? >> i can go right in and suddenly i have full access to the pickup truck bed which is of course is why you buy a pickup truck in the first place. >> interesting, and people have asked, is this tail gate gate still strong? i will tell you, it's still pretty strong. and not only that get up here, rebecca. oops, i did it the wrong way, you can hang on this. can't you? go ahead and jump on that. >> shepard: careful now. >> help you get down like this. it's really just as strong as a regular pickup truck tailgate. it's just split in half. so you can gain access as

well. >> gotcha. there you go. never thought i would see something new on a truck but by golly kind of cool for guys and women. sometimes you don't have it be tough. you have to be smart. >> shepard: at the auto show. bring us more. thank you, jeff, as always. police in new york city say people are using a g.p.s. navigation app. to report drunk driving checkpoints so that other people can avoid the drunk driving checkpoints. imagine what company executives are saying about that coming up. but, first, you might know him as the property man. to many of us here at fox news he was a cherished colleague and great friend. bob massi died yesterday at his home in henderson, nevada las vegas. his family said he had cancer and struggled quite a while. book joined fox news legal analyst right when the lights came on here at fnc way back in 1996. he was known for colorful commentary and who could miss that colorful hair?

he covered lots of high profile trials for us going way back. o.j. simpson, the unabomber, scott peterson, casey anthony. if it was a big trial, bob was on it massi ran his own law firm in nevada and had decades of courtroom experience. his show bob massi is the property man ran on fox news and on fox business network. on that show he gave invaluable insight and expertise on the real estate market. he also hosted a radio program and wrote several books. bob could do anything. he was not one of the greatest things he did was entertain and bring smiles to everyone. he leaves behind a wife, two sons, a daughter and a slew of grandchildren. the grand babies he called them. many people from fox news past and present will miss him very much. when we visited vegas, he treated us all like family. opened his favorite places,

entertained us for hours on end. he was a wonderful friend. bob massi, dead today at 67. incomparable design makes it beautiful. state of the art technology makes it brilliant. the lexus nx, experience the crossover in its most visionary form. experience amazing at your lexus dealer.

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>> shepard: police here in tiny town are trying to stop people from using waze from report drunk driving checkpoints. you can go on there and say there's a pothole here. you can report incidents on app so other people can avoid them. in most cases it's helpful. police say warning people about checkpoints can keep dangerous drivers on the road. a spokesman for waze says highlights police response to road safety because drivers tend to drive more carefully and obey traffic laws.

what do you think? >> the nypd is on shaky legal ground. if you read the letter that they sent to google, telling them to mandate essentially that waze remove this feature from the app, they allege the individual user may be criminally liable, maybe engaging -- they're saying the individual user posting that says there's a sobriety checkpoint, they're engaging in obstruction of the administration of government function. it's a big deal. there's a lot of first amendment issues involved here. i don't think this is the right way to go ultimately will result in a legislation if they want this through. >> shepard: don't you remember when radio djs would say there's a chic point. >> yeah. and they want to get the word out because like waze said, they believe that that actually

promotes more safety on the roads. drivers will be on their best behavior. >> in order, we're out here today. so you know -- >> look up. don't come on the roads. >> shepard: a lot of times, the checkpoints, they pull you over, stop every third car. slows your trip down. stone cold sober. >> yeah. again, when you think about a slippery slop here, if you pick up the phone and call your friend to let them know that there's a sobriety checkpoint, how much different is that? >> shepard: no different. >> are you going to be held criminally liable? >> shepard: sounds like bluster. >> yeah. chest puffer. and they basically say, you know, it's your classic sort of chest-puffing letter. >> shepard: i'm trying -- first of all, never drive drunk or drinking or anything. i'm trying to see the drunk over there trying to figure out what waze is doing. >> exactly. probably won't be able to read

the app. to point out, it's not like a drunk driving alert. it's a police officer ahead. that's one of the defenses that waze is saying, there's any number of things that that could indicate. not just a sobriety checkpoint. >> shepard: i just got word that a buankruptcy judge approved th sale of sears. $5.2 billion. it lives on? is that what this means? sears lives. craftsman tools, sears. the sears wish book was everything for everything for christmas as a child. >> it was. >> shepard: so weird to see sears going through so much heart ache, not being able to keep up with the times. i think it was the wish book. we used to circle a page and send it to santa. mom and dad would get it in the mail. the wish book was endless hours

of fun. sears lives. $5.2 billion. good luck, sears. should news break out, we'll break in. let's look at the dow quickly. the final bell is ringing right now. not perfect. global earnings worry. here's cavuto. >> neil: well, the president slamming it. house speaker nancy pelosi appearing to distance herself from it as the top three democrats in the virginia state government try to dig themselves out of it. by the way, that is not near the end of it. now, republicans say the majority leader is in another year book filled with racial slurs that goes back to the 60s. on and on we go. so here we go. i'm neil cavuto. president trump today accusing democrats of killing the great state of virginia. the governor, the lieutenant governor and