say hi. use the time wisely if you can. thanks for joining us today. see you on "the five." i have a good one about spike and jasper's big weekend. i'm dana perino. here's shep. >> shepard: it's noon on the west coast. 3:00 in new york city where michael avenatti is about to visit his second courthouse of the day. the hearing minutes from now. he's facing charges in two different cases but says he will clear his name. also, we're hearing from the hiker that survived 17 days lost in a forest in hawaii. >> i have the most gratitude and respect and appreciation. i can't put it into words, for the people that have helped me. >> shepard: ahead, what she said about the life and death choice she had to make. a new warning about e cigarettes and your heart and the flavors that can do the most damage. reporting begins now.

our reporting begins with the unrelenting storms and flooding pounding the midwest and great plains. more than 50 tornadoes touched down in the last day. two especially severe ones ripped through ohio killing one person. this is the scene in dayton after flying over the damage in a helicopter, the governor said it looks horrible. everything splintered. take a look at this apartment complex in dayton. hard to recognize to anyone that lived there. windows blown out, roofs shredded on nearly every unit. no reports of deaths in dayton. in the city of salina, the major says a different tornado picked up a car, tossed it into a home and killed an 81-year-old man.

and then there's the flooding. the arkansas river overtalks oklahoma and arkansas. many thousands forced to evacuate. we have team fox coverage. matt finn reporting from fort smith, arkansas. first, mike tobin live on scene in dayton. mike? >> shep, the national weather service confirmed that one of the tornadoed touched down, measured up to the ef-3 on the fujita scale. as you mentioned, more than 50 tornadoes whipped up. stands to reason some were touched down in populated areas. that's what happened here, eight miles north of dayton. the home behind me was obliterated while the people went inside and went to seek shelter. john barber stayed up late to watch the local news. he heard the warnings. he woke up his wife and this is what he saw. >> it went on. seemed like forever.

probably 10, 15 seconds. and then it was over with. my wife, scared to death, obviously. told her it was a tornado. we've had some straight line winds. this was different. >> we've clearly lost mike tobin's audio there. he's working off an internet connection. so many people have been forced from their home. my understanding is that a number of operations including fema and others are coming in to see what relief they can give. the national red cross coming in. terrible damage from the tornadoes on scene there in dayton, ohio. flooding some areas along the arkansas river has shattered roads that stood for decades. two levies topped and bridges washed out, closed to traffic up and down the river.

yet still the water just keeps rising. a lot of people leaving behind their homes and businesses and headed for higher ground. team fox coverage begins. matt finn is in fort smith. what is it like there, matt? >> shep, city officials tell us this afternoon that they expect up to 1,000 homes to be flooded by tomorrow when the arkansas river is forecasted to crest at 42 1/2 feet. the highest river level this area has seen. a lot of debris has been collecting along this lock and dam and this bridge. officials say when the debris rips off, that's a concern. and the lock and dam here. workers had to be from the rooftop of that tower because the fleet water rose so quickly, it trapped them. right now the water is up the grand doors.

there's a chain link fence that is about ten feet tall. if you look closely, there's a white rope tied to a very large tree. that's the rope that the army corps of engineers was using to get to the to you. now the rope is almost entirely under water. we spoke to people not far from here as they grabbed pictures and work clothes and evacuated houses or assists their neighbors. >> it's sad, so sad. we have a lot of friends that are affected by it. we've seen a lot of devastation. >> come tomorrow, i won't get in this house, i'm sure. it will be flooded. it's starting to take water now. it's just too high. we're going to bag it up and go, hope for the best. that's all you can do. >> all of this water on the arkansas river is heading south. the national guard tells fox news, yale county is a concern

right now. sandbagging happening at this hour. the major of north little rock has declared as emergency. unfortunately, shep, there's more storms moving in and across the midwest and the plains which could affect this river and its tributaries, shep. >> shepard: thanks, matt finn. president trump back on american soil now after his trip to japan. the president is catching criticism not only from democrats but from republicans over his comments about joe biden. now the biden campaign is responding. that's coming up as our reporting continues on this tuesday afternoon.

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in that building, michael avenatti just pleaded not guilty to cheating $300,000 from stormy daniels, his porn start client, most famous client. there's avenatti will. he will walk a couple of minutes to another courthouse where he will face charges that he tried to steal $25 million or extort $25 million from nike. that one is just minutes away. we'll have a live report. i mentioned he pleaded guilty to ripping off the most famous client who is seen here -- pleaded not guilty. avenatti is said he is confident a jury will not convict him. joe biden is firing back at president trump after he sided with north democrat's dictator. he called the president's comments beneath the dignity of the office. to be on foreign sale on memorial day and decide

repeatedly with a murderous dictator against a fellow american and former vice president speaks for itself. president trump returning today after a trip to japan. while he was there, he down played pyongyang's latest missile test. blake burman reporting live in washington. blake? >> a couple of different narratives coming out of the trump administration. the president's national security adviser john bolton saying over the weekend, there's no doubt that the recent test of short range missiles fired by north korea violated resolutions from the united nations security council. during his trip to japan, the commander-in-chief said he's not worried about kim jong-un's most recent actions. >> perhaps he wants to get attention. perhaps not. who knows. it doesn't matter. all i know is that there's been no nuclear tests, there's no ballistic missiles going out, there's no long range missiles going out.

i think that some day we'll have a deal. >> the president has received bipartisan criticism for a tweet that he sent out over the weekend. he wrote "i have confidence that chairman kim will keep his promise to me and also smiled when he called swamp man joe biden a low i.q. individual and worse." the president was asked about that today and he doubled down. >> kim jong-un made a statement that joe biden is a low i.q. individual. he probably is based on his record. i think i agree with him on that. >> and the biden campaign respond add little while ago. the candidate himself has an event next hour. we'll see what biden has to say about this, shepard. >> shepard: and regarding the dictator that murders his own family members and others, now there's a report on quality of life in that country.

>> it comes from the united nations human rights office and that there's a dire situation that millions inside north korea face daily. the u.n. says they compiled that report based on conversations with 214 north koreans. among the conclusions are the following. they said "the failed public distribution system means the state cannot provide for life's basic necessities including food." it goes on to say "in the cycle of economic rights violations, arbitrary arrests and extortion, abuse at the hand of third parties, the social contract between the state and the people is thereby broken and inversed." according to that report, those that have an adequate standard of living are the ones that are willing and able to pay bribes. shepard? >> shepard: blake burman live in washington. thank you. police in japan say a man with a

knife in each hand walked up to a crowd of school girls at a bus stop and started slashing them. happened in the city of kawasaki. investigators say he killed two people including a 11-year-old girl and hurt at least 17 other people before he killed himself. most of the victims were between the ages of 6 and 12 and lining up to board their school bus to go to that catholic elementary school. a witness said that he heard children yelling and the suspect screaming "i will kill you." >> i saw one person collapse. another person as i looked. the color of the white shirt turned crimson after they clashed. i understand they had been stabbed. >> a witness told police he tried to stop the man but couldn't do it. no word yet on whatever a motive might be for this attack. a woman lost in a forest in

hawaii for 2 1/2 weeks. think of it. has lived to tell her story. coming up, what she's saying about her rescue. the latest american to die on mount everest had just reached the goal that was years in the making. more on his death and the crowded conditions. and a look at the mountain's death zone ahead. dad, we need to talk about something important. you don't need to go anywhere dad, this is your home. the best home to be in is your own. home instead offers personalized in-home services for your loved ones. home instead senior care. to us, it's personal. home instead senior care. i was told to begin my aspirin regimen, blem. and i just didn't listen. until i almost lost my life. my doctors again ordered me to take aspirin, and i do. be sure to talk to your doctor before you begin an aspirin regimen. listen to the doctor. take it seriously.

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>> shepard: so imagine for just a minute this: you're lost, 17 days in a jungle. today the woman that survived that nightmare in hawaii. amanda eller is her name. she set out on may 8 for a hike in the national forest in maui, but she got lost, could not find her way back to a car and then

17 days. officials spent a few days searching for her but her friends and volunteers never gave up. they scoured the area from the ground and the air and then finally last friday, rescuers say a helicopter spotted her 150 feet below. yep, got it done. you can see crews airlifting her to a hospital eventually. doctors say she has an injured leg a very bad sunburn and was not surprisingly malnourished. by some miracle alive. >> there were times of total fear and wanting to give up. it came down to life and death and i had to choose. i choose life. i wasn't going to take the easy way out.

>> shepard: the hiker's mother told news outlets her daughter stayed near water, ate wild raspberries. amanda eller is finally home now and scheduled to in a formal way tell her story of survival. about 40 minutes from now. trace gallagher reporting live. trace? >> shep, here's how close amanda eller came from not being rescued. she's in the forest for 17 days. the police called off the search after three days. so her life is in the hands of friends and volunteers. in day 17, the helicopter is flying in twin falls. the chopper is down to five minutes of fuel. the final pass, they spot eller in the deep ravine. they had left for fuel, it's unlikely they would have scouted the same area and unlikely they would have found her. here's a manda last night at a party in her honor.

watch. >> i didn't know what i was going to do. the only thing i could do is trust. i had nothing else to do by. i didn't have a compass, a phone, a shirt. >> her friend that spotted her from the helicopter says the moment will live in the depths of his soul. he can only describe it as magic. >> shepard: how far from her car did she venture? >> about 4 1/2 miles. the reason she didn't take her cell phone, wallet or shirt, she was planning to go for a short run. but she stopped to rest and got lost. she fractured her leg. she knew she needed to stay water to survive. now she's back at home in maui. she's lived in hawaii the past four years and calls her rescue a true aloha and says she has

new perspectives saying it's not about material possessions, it's not about power and money. it's and relationships and looking at each other and giving somebody a hug. that person that rescued you is now your family, a manda's news conference starts 40 minutes from now and streaming live on foxnews.com. have to be fascinating to watch. >> shepard: i'm sure it will. thanks, trace. now to death at the top of the world. another american has died climbing mount everest. experienced mountaineers have warned the trek is dangerously overcrowded. christopher cullish is the second american to die while making the climb this year. he says based on an initial report kulish went into cardiac

arrest, but he just hit his goal. nepal's government issued more than 375 permits this year. the most ever in a single year. and there's just as many guides that go up with those permit holders. the big focus now on what is known as the death zone according to the locals. it's considered the most dangerous part of the entire climb. the peak is 29,035 feet above sea level. the death zone starts just above 26,000 feet. the highest camp, camp 4, is just below that zone. that's where this man died after descending from the summit. one man that turned around at camp 4 because of a lack of oxygen, said he thinks the crowds are part of what is causing so many deaths. >> most people die this year, it's been carnage. i should say it's a death.

there's massive traffic jams. people are pushing themselves. they try to summit. instead of summiting, they kill themselves. it's turning into a bad thing, i think. people should look into it. >> shepard: this photo shows the line of people waiting to get to the summit last wednesday. i'm sure you've seen this on social media or tv. insanity here, this is in what they call the death zone. some climbers reportedly waited more than two hours before they were make it the final push to get to the top and take that selfie. now some mountains are calling on the government to limit the number of people that get permits. victor is here. he's been to the extremes of our world. taken to the lowest part of any ocean and the tallest peaks including mount everest. what do you mean they don't have a limit on permits?

>> the nepalese government has discretion. they issued 381 this year nepal is a very poor country. they're trying to get revenue. it's tough. >> as a man that has been there and understands this, what is the biggest problem? the crowds or something else? >> it can be a combination of things. the weather can be fierce. think of it as a single file line going to the summit. you can't go around people. if the weather closes in, you have a lot of people there, only a couple day there's, you can get a traffic jam. you're on the clock when you're climbing and your oxygen is ticking down. so what happens few you get trapped, you'll run out of oxygen. when you're in the death zone with no oxygen, bad things will happen. >> what was your experience in the same place? >> i was fortunate in some ways.

a small storm came up so when we climbed a lot of people didn't try to go up because the weather conditions were poor. we had a very strong team. we were able to go up the ridge without in people on the mountain. we kept moving and stayed warm. we invested a lot of money in having a lot of spare oxygen. we had a very strong team and climbed in difficult conditions that didn't cause a traffic jam. so we got up there and got down. i spent 15 minutes on the summit because of the danger. >> for people that prepared for this moment much of their lives, is there a bit of advice you would give them today that is particular for this time? >> the key is, you want to go with people that are very experienced on the mountain. some of the deaths have occurred because people have gone out without adequate training or well-equipped teams. if you go halfway up that mountain in terms of your logistical support or training,

you're taking undue risks. there probably is something to be said for having an oxygen process or limiting the number of climbs or requiring people to climb a smaller mountain to reduce deaths. >> thanks, victor. >> thank you. oklahoma is taking johnson & johnson to court today blaking the drug maker for the opioid epidemic. the state of oklahoma says they created millions of damage. oklahoma's attorney general is arguing that johnson & johnson is responsible for thousands of opioid-related deaths. but then there's johnson & johnson's side. they insist there's no evidence that that is true and they have acted responsibly in providing fda-approved pain medications.

here's the reporting. susan li live in the newsroom. susan? >> this is the first trial in the opioid fight. a judge will be deciding if johnson & johnson violated the public nuisance law and targeting the elderly and children with their marketing. j&j saying their opioid drugs counted for less than 1% of nationwide prescriptions. they have stopped marking the patch back in 2015. their products were made by jansen. in a state to fox news, jansen says the fda approved labels for these prescription pain medications, provided clear information about the risks and benefits. the allegations made against our country are baseless and substantiated. family members expected in the

courtroom. foxx had five prescription painkillers and and anti-anxiety drug in his system when he died. opioid-related deaths jumped 91% in the last 15 years. shep? >> shepard: next up a busy day in court for michael avenatti. the attorney pleading not guilty to stealing money from stormy daniels. now his second a rainment set to start at any moment. another u.s. city may decriminalize magic mushrooms. details on that ahead. 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

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>> shepard: just passed the bottom of the hour. all that vaping could be taking a toll on your ticker. ahead, the brand new warning about e cigarettes and your heart. we'll tell you which flavors are

doing the most damage. the supreme court ruling on one abortion law, but side stepping the bigger issue. what today's decision on abortion may mean big picture as the fight over reproductive rights moves forward. first, stay away from stormy. a judge ordering michael avenatti to keep clear of his porn start client. a live look at u.s. district court here in new york city. avenatti scheduled for the second of two arrangements today. the attorney appearing as a defendant on charges that he tried to extort more than $20 million from nike. earlier today as he walked out of that courthouse, avenatti pleaded not guilty to ripping off stormy daniels. avenatti says he's confident juries will exonerate him in both cases. he's also in legal trouble on the west coast in southern california, prosecutor accuse him of stealing from more of his

clients including a paraplegic man. he faces centuries behind bars upon convictions. he's pleaded not guilty in that case. jacqui heinrich in lower manhattan. jacqui? >> shep, michael avenatti has avoided cameras this morner. he surrendered him at 7:00 a.m. to marshalls. we're awaiting the detailing on the second arraignment. avenatti is accused of trying to shake down nike for up to $25 million and threatening to release damage information ahead of the quarterly earnings call. he told the company's lawyers he wasn't missing around. if they didn't pass up, he would take $10 billion all of their market cap. he pleaded not guilty in a

rob-peter to pay paul school. prosecutors say he took money that was supposed to go to stormy daniels for her book deal, spent it and hounded the publisher for more. daniels has taken $400,000 for her tell-off with president trump. avenatti had those payments sent to his account by faking her signature and spent it on ferrari payments, hotels, restaurants and payroll checks. he's accused of taking $300,000. the two cases carry a maximum sentence of 69 years in prison. shep? >> shepard: now a nod to the president, avenattis say he want the investigators investigated. >> last night avenatti said he wanted the motivations behind the case looked into. he said i trust in the system. i'm confident i will be exonerated when the ed and

documents are presented. we're waiting to see if he spokes to reporters after that second arraignment which should be wrapping up shortly. shep? >> shepard: jacqui heinrich live in new york city. >> it's a little misleading in that the sentencing guidelines allow for a lot of leeway. judges typically in a situation like this would sentence concurrently. when you look at these cases, the three, not just the two in the southern district, but the one in california, you're seeing a pattern or practice here. it is really a ponzi scheme. he's using settlement money to pay off other clients. you saw that there were the stormy daniels reporting. in that scheme, he used funds obtained elsewhere to hide his tracks. so oftentimes it's a textbook

sort of situation where eventually these things catch up with you. >> shepard: he was on m.s. more than rachel. it takes real hutspa to put yourself out there. according to these charges, he was in a deep mess. >> he was. this is years. it took years to go into -- he recently said in a vanity fair interview. he said in a recent interview that he flew too close to the sun. there's more criminal behavior there than that. but the court documents alleged that he used money to pay ferrari dealerships, porch dealerships, equity any a private jet company. >> shepard: he was rolling. >> he was rolling. he had made a name for himself. he was a well-known plaintiff lawyer. he made a lot of money but his lifestyle caught up with him.

>> shepard: now who gets to go first in all of these cases? >> that remains to be scene. >> that's important. >> he's under diamond since march in l.a. that is -- there's over three dozen counts there. bank fraud, while fraud, tax evasion. that carries steep penalties. we'll see who goes first no and a paraplegic man. >> yes. $4 million. >> shepard: there's no end. according to the prosecutors. >> that's true. you know, he is entitled to his presumption of innocence and he's going to fight the charges tooth and nail. if there's anything we know about michael avenatti, he doesn't shy from the limelight. >> shepard: he fights everything on twitter and otherwise, which is why we have that stakeout camera. we'll bring that live if it happens. the supreme court out with a

split decision on an abortion law in the state of indiana. here's what happened. the judges upheld part of that abortion law that requires providers to either bury or create the remains. but the court did not reinstate the section that bans abortion. that was the bigger issue. this comes as several state have banned new abortion laws. some banned it as soon as a doctor can detect a heart rate. and there's no exceptions in some states, hello alabama and others, for rape and insist. mike emanuel reporting live outside the supreme court. mike? >> veteran court watchers say the high court issued a surprise. think don't want to slug it out over abortion. those on the pro choice side of the argument say they're fired

up about that independent law. >> we will fight until we cannot fight anymore. and they understand that this is not okay. >> this is not just of many legal challenges in the states, some that may come to fruition in the heat of the presidential campaign. those on the pro life side say they expect there will be many, many legal battles. >> my own personal opinion is that i don't think the justices will overturn roe v. wade. what i see happening is more incremental laws being enacted. a fan, at the march pro life, any abortion is one too many. >> in some of the places where the laws are being challenged, mississippi, missouri, and alabama. >> shepard: planned parenthood executives say missouri's only

abortion clinic could close by the end of the week. >> other saying the state of missouri is not renewing their license and if indeed by may 31, the reasons is not renewed, missouri would be the first state to not have an abortion clinic since 1973. so planned parent hood is trying to renew their license. shep? >> shepard: voters in denver decri decri decrimal magic mushrooms. oakland, california could be next. if it eventually passes, it would not legalize mushrooms, but they would become the lowest level priority for law enforcement. exactly what they did in denver. it's illegal but we're not going to do anything to you if we use them. those that support

decriminalization say they like it. the drug enforcement administration classifies mushrooms as a schedule 1 drug along with heroin. the agency is under the belief that it has a high potential for abuse. and in oklahoma, river levels rise and a precipitous drop on the dow this afternoon. we were way up this morning. things looked rosy. in the last hour, we were off more than twho -- 200 points. we'll update you coming up. 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.

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>> shepard: breaking news on our top story. the severe weather slamming the midwest and great plains. ohio cleans up from a deadly tornado outbreak. every single county in oklahoma is under a state of emergency. this video from tulsa, the arkansas river rising to historic levels putting parts of arkansas under water. jeff? >> we're just outside of downtown tulsa. we're in the front yard of a

local guy's home, this is riverside drive. you can see the no parking. that should be a street there. beyond that, a park that is normally full of people riding bikes and walking. all of that overflow from the arkansas river. so makeup rain coming in, flooding and getting close to these homes. many folks here haven't evacuated yet. they're thinking about it. in west tulsa, that's where folks are packing up and trying to get out. they're prioritizing the things that they want to do. the concern is there's more rain today. they don't know what could happen next. the other thing as we come back out live, you can see if you lock at the sign here, this homeowner put it up. it's not just the rising waters but there's snakes, sinkholes and in some cases sewage. so authorities are warning people to not be in the water.

shep? >> shepard: jeff, in arkansas, two levees have been topped. what about in oklahoma? >> yeah, we just got an update. they're holding strong. in 70 years old, there's some seepage. in those cases, the national guard is using big sand bags. the authorities watching these levees are warning people to get out now and to make their jobs easier. they don't have a choice. they're there. it's their duty to make sure everybody is safe. >> until they tell me to go home. i'm here till the end. the flooding doesn't affect me. it's my community, where i live and where i went to school. >> this is the angle that gist

you an idea how full the arkansas river is and how strong it's moving. that's 1 of the things that the police is harping on. it's not only your home that could be in danger. if you get swept up in that, you're going down the river. >> shepard: thanks, jeff. so what is ahead in the flood zone? adam klotz with more. >> wild weather yesterday and last night. the storms feeding the flooding. this is the line of storm reports from the last 24 hours. it's a line that will see a lot of action today. everything here, these are tornado watches around warnings. those pink boxes are tornado-warned storms. we're running a cross ohio, indiana, the midwest. everything in the yellow is a severe thunderstorm watch. winds up to 60 miles an hour. hail, heavy rain, which could add to the flooding. everything in the red box, off

the west. shepard, this is an issue that is just beginning to pick up right now. it's going to be bad this evening and into early tomorrow. >> shepard: thanks, adam. next, that new warning on e cigarettes. details next. st didn't listen. until i almost lost my life. my doctors again ordered me to take aspirin, and i do. be sure to talk to your doctor before you begin an aspirin regimen. listen to the doctor. take it seriously. what do all these people have in common, limu? [ guttural grunt ] exactly. nothing! they're completely different people. that's why they make customized car insurance from liberty mutual. they'll only pay for what they need.

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introducing new metamucil premium blend, sweetened with stevia and made with all-natural flavors and colors. it's a delicious way to get your daily dose of fiber. try it today. >> shepard: a new studies shows vaping can hurt your heart. researchers say the flavoring can cause blood vessel dysfuncti dysfunction. studies show some flavors are of particular concern. kristina partsinevelos reporting live from the newsroom. kristina? >> you know you can get various flavors online. there was some damage to cells, damage to the function and the cells being able to survive over

the long-term. the senior author of this study said and i quote, the study shows that e cigarettes are not an alternative to cigarettes. we saw significant damage. so if you're wondering and you use vapes, wondering the flavors, they looked at fruit, sweet tobacco with caramel, cinnamon an menthol. the worth is cinnamon flavored followed by menthol. they still found damage to the cells after they removed the flavoring and potential honk term damage to one's heart. >> shepard: a lot of ex-smokers on these and kids to boot. >> so unfortunate. it's gained in popularity with the younger generation. why? two schools of thought.

the first is hey, these sounds like candy flavors. they should be harmless. you can get vanilla and coffee flavored. the second notion, e cigarettes are said to help you quit smoking. there was a one-year sturdy and found that e cigarettes were twice as effective compared to the patches and the nicotine gum. that's why the fda shared the number for 2018 saying 3.5 million students, high schoolers as well as middle school students used e cigarettes and that is claiming how and we still don't know the long-term effects yet. >> shepard: kristina partsinevelos live. the advertising folks at ihop are add it again. they changed their name last year ihop to ihob. the p is back now. the internet and guessing. we'll get an official reveal next week. the dow on a dive to close the

session over the last 1 1/2 hours. a lot of the money has been leaving the markets and going to bonds. so yields are down. best in business coming up. "your world" with neil cavuto starts now. >> neil: all right. we are on top of tornadoes touches down and flood waters rising up at a rapid rate. hello. i'm neil cavuto, this is "your world." this is what it looks like in parts of ohio right now after multiple twisters strike the midwest. here's the very latest. rescue workers are going door-to-door searching for survivors in dayton. one person in toledo has been killed. power companies scrambling to restore electricity to five million people. we're about to get an update from the major of dayton. a and then there's the flooding in oklahoma. mike tobin has more on the