reunite the family with the award. so if you have any information, get that metal back to the family. and up next is "shepard smith reporting." >> shep: it's 3:00 on the east coast and 2:00 p.m. in new orleans where health benefits for millions of americans across the nation are at stake right now. a federal appeals court at this moment is hearing arguments on obamacare. the case as well on its way to the u.s. supreme court, and the outcome could not be bigger for tens of millions of people who depend on the health insurance where their coverage. i had to, what it could mean for you and your family. we begin this hour with the labor secretary alex acosta standing in defiance after a firestorm of calls for him to

step down for protecting a predator. this not due to actions but rather how he handled the prosecution of a wealthy hedge fund manager. and yesterday epstein pled not guilty to charges of sex trafficking and conspiracy, after federal prosecutors in new york presented evidence that he sexually abused dozens and dozens of underaged girls. yesterday, agent said they found a stash of child and so much more in his manhattan mansion. now critics say jeffrey epstein should have never been free in the first place. but back in 2008, alex acosta led the push to cut an extremely lenient plea deal for the predator. jeffrey epstein served just more than a year in the county jail there. but six days a week he was

allowed to leave the facility for up to 12 hours at a time for, as the documents put it, work. of course that punishment did not teach epstein much of a lesson and as prosecutors say he continue to prey on teenage girls. his alleged victims were never will hurd. i move that a court later found was in violation of the victims rights laws. alex acosta brokered that deal not in court but in a hotel away from witnesses. and now today labor secretary acosta defended his actions writing "the crimes committed by epstein arc horrific and i'm pleased that new york prosecutions are moving forward with a case based on new evidence. registered as a sex offender and put the world on notice that he was a predator.

that's an important opportunity to more fully bring it to justice. the house speaker nancy pelosi and senate minority leader chuck schumer. and at the "miami herald," credited with bringing the epstein investigation into the spotlight, the editorial rope board wrote today, "a cost that a compromise public student, servant who has failed to address his suspect actions in this case. they continue to act on the simpson's behalf in the public domain. he has to go." his response? the department of labor issued a five word statement reading, "secretary acosta is not resigning." when asked about this today, president trump said he is sympathetic to the labor secretary. >> president trump: i feel

very bad for secretary acosta because i've known him as somebody that has worked hard and done a very good job. >> shep: the president also said the white house will look at the situation very carefully. one important matter of note. in the united states government, the department of labor is responsible for identifying instances of human trafficking and calculating restitution amounts for victims of human trafficking. as labor secretary alex acosta is in charge. john roberts reporting live from the north lawn. >> no question that the heat is coming down on the labor secretary but as you pointed out at the moment, he's hanging tough. suggestions being made by a cost of that back in 2008, it appeared. and this went on for a number of years. and acosta is making the case that at least they got him on something and that at least did some jail time and pointed out

in that tweet as a sex offender. as you mentioned in a moment ago, the president is urging him to change his mind. >> president trump: if you go back and look at everyone else's decisions, whether it's assistance or a judge, and you look at the past decisions i would think that you would probably find that they wish that they had maybe done it a different way. i do hear that there were a lot of people involved in that decision and not just him. and i can only say this from what i know and what i do know is he has been a really great secretary of labor. the rest of it we will have to look at very carefully but we are talking about a long time ago. and again, it was a decision made i think not by him blocked by a lot of people. we will look at it very carefully.

>> shep: we have heard those words from the president before in other instances. it mirrors language that he was about scott pruitt and we know what happened to him. often when the president says we have to look at it carefully it's time to start packing her bags. you mentioned democratic leadership, and in a tweet, pelosi is saying secretary acosta must step down. as u.s. attorney he engaged in an unconscionable agreement and jeffrey epstein prevented young victims from seeking justice. this was known by president trump when he named him to the cabinet. and this from chuck schumer on the senate floor earlier today. >> i'm calling on secretary acosta to resign. it is now impossible for anyone to have confidence in secretary acosta's ability to lead the department of labor. if he refuses to resign, president trump should fire him. >> a few minutes ago in a media

event, he said it's a mystery what happened with the plea deal. lindsey graham said earlier today that if that plea agreement doesn't appear to be holding water that it should be assigned to the judiciary committee to look at what happened and make sure that victims of such heinous crimes do get protection, protection they deserve. >> shep: john, the president also spoke about jeffrey epstein today. >> shep: he did. don't forget that he cultivated a posse of high-powered individuals. president trump was one of them, although he wasn't president back then. former president bill clinton was a close friend as well and took at least four trips on epstein's jet. joe lockhart is saying earlier today that he may have taken as many as 26 flights. but here is what the president told "new york magazine" about epstein back in 2002.

"i've known jeff for 15 years. terrific guy. he's a lot of fun to be with and it is even said he likes beautiful women as much as i do and many of them are on the younger side." no doubt about it, he enjoys his social life." now sitting side by side, the president that he had a falling out with epstein and hasn't spoken to him for well over a decade. >> president trump: if i knew him, it was like everyone else in palm beach knew him. he was a fixture in palm beach. i had a falling out with him a long time ago. i was not a fan. a long time ago. i was not a fan of his that i could tell you. >> shep: the pool which was in that pool spray and during a signing ceremony, was trying to get to the bottom of what that falling out was about. speaking with dana tyler earlier

today, or at dana perino earlier today -- dana tyler is an anchor on w pbs which is where i work two years and years ago. she suggested that -- president trump threw him out of the club. perhaps it had something to do with that but we don't know for sure. is what chuck schumer said about president trump's relationship with jeffrey epstein and that he needs to be more forthcoming about. >> the president needs to answer for his statements that he made about his relationship with mr. epstein. the president needs to answer for this and i don't recall it is not an acceptable answer in this case. particularly since president trump appointed mr. acosta to such a powerful position. >> in addition to the prosecution going on in new york the department of justice is reviewing everything that

happened under acosta's watch. there is a real feeling in washington that this is just the beginning of the same beginning to unravel. >> shep: john roberts live at the white house. the british prime minister theresa may standing behind u.k.'s investor to the united states as president trump trashes him on twitter and insists he will not work with our allied diplomat anymore. just into fox news, brand-new from megan ortega's who is the spokesman. she says we will continue to deal with all accredited individuals until we get further guidance over the white house with the president. just before saying, we have a incredibly special and strategic relationship with the united kingdom who has gone for quite some time and is bigger than any individual. and that is something that stood the test of time and will

continue to do so. that regards' leaked cables from the investor to the u.s. the spokesman says the leak is unfortunate but the ambassador has her full support. that provides unvarnished assessments of the politics in her country. rich edison reporting live from the state department and this one is just developing. >> the president said the united states was would no longer deal with ambassadors, sir kim derek. but they are dealing with all accredited individuals and that they are going to do so until they get up that official guidance from the white house or the president. usually when you hear that kind

of language, you will no longer deal with someone, that's about as close as you can get in diplomatic speak to saying, they are almost on the way home. so that continues to develop as a president continues to tweet about this. the wacky investor that the u.k. hoisted upon the united states is not someone we are thrilled with, a very stupid guy. he should speak to his country and prime minister may about the failed brexit negotiation. the british embassy confirms that the investor did not attend a dinner last evening were president trump was president of the treasury department and the state department is stressing that the relationship between the united states and the united kingdom remained strong. >> we have an incredibly special and strategic relationship with the united kingdom. that has gone on for quite a long time and it is bigger than any individual, bigger than any government and it is something that has stood the test of time and will continue to do so.

>> shep: other officials stressed that the consultation continues. the assistant secretary still travels to london to talk about countering transnational crime and synthetic drugs. >> shep: so what is really happening here, to put it in perspective, we don't know yet who leaked the cables but it's likely what is happening right now in britain, not here. i prime minister, a new one will be in place in just a few days, likely boris johnson. and a british exit from the european union will follow. when it does, that united states relationship with china will be more important than ever. they leaked to the cables and forestall the early recalls of the ambassador, we don't know. but of note, some brits who are all in for leaving the e.u. are pushing to replace the current ambassador among them, the chairman of the brexit party. many want him replaced with

nigel faraj. fox news contributor and friend of the president. johnson faces domestic pressure on both sides. from one, stand up to the white house for british pride. from the other, make nice with the white house with the new british brexit world ahead. this is politics across the pond and the leaker, say the analyst over there, is likely trying to sway them. i headed, the battle for health care coverage for millions of americans is playing out in court right now. and we will have details as our reporting continues.

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always discreet. but allstate actually helps you drive safely... with drivewise. it lets you know when you go too fast... ...and brake too hard. with feedback to help you drive safer. giving you the power to actually lower your cost. unfortunately, it can't do anything about that. now that you know the truth... are you in good hands? >> shep: the fight for obamacare is on yet again. a live look i believe in new orleans, the future of the affordable care act on the line. three federal judges are at this moment hearing arguments on whether the law is constitutional. the decision could immediately affect somewhere around 20 million people who get their

health care coverage under that law. that could also affect other people including those with pre-existing conditions. on one side, 18 republican-led states. on the other, a group led by california's attorney general with the support from the democratic led house of representatives. casey >> is covering it all from our newsroom. we heard more about this on capitol hill, right? >> they had a press conference in fact. nancy pelosi, senator chuck schumer and congressman: all right were among those who spoke on they were flanked by dozens of men, women and children who would they say are like the 20 million other americans who have benefited from the affordable care act and would be negatively impacted. should this three-judge panel at the fifth circuit appellate court decide to strike down the entire deal. listen. >> shame on them.

the stakes can't be higher. the faces you can't see behind us are the faces behind us. >> and the defense and lawyers are making those exact same organs before the court as we speak. and we are not expecting a ruling to actually happen until sometime in december. >> shep: critics of the law have been speaking on this for a long time. >> it's been documented in court cases on the plaintiff's plaintiff's lawyers maintained that the aca hurts more than it actually helps, asserting that the law because many people's health insurance premiums to skyrocket. many folks could not keep their doctors as promised, and a lot of the debate has been centered around this individual mandate.

that's just another tax since americans were forced to pay a financial penalty for not carrying coverage. otherwise it's the government overstepping its bounds. >> i think it comes to the philosophy of the proper role and whether you see that it's right for the federal government to micromanage health care, even as we see that that system is crumbling. >> in 2012 as you know the u.s. supreme court did find a mandate part of the law unconstitutional. but in 2017, congress reduced that to zero, throwing it out essentially, saying that fixed the problem. but the drama continues playing out in the courts. >> shep: casey >> , thanks. crime and punishment, california's setting new rules for when police officers can use deadly force. up next, details on the bill that the governor says he will sign. plus, she was convicted of manslaughter for telling her

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>> shep: at some urgent news and breaking in washington, we've been covering extensively the push to extend the 9/11 victims compensation fund. there are so many who have been afflicted with cancers and otherwise, appealing to congress, please allow the funds to be available for the duration of people's lives. those who went to the buildings in lower manhattan at 9/11 are sick and need treatment. in the house of representatives they will vote this friday. so in three days on the new

victim compensation fund, legislation. the young woman who texted and called her boyfriend urging him to kill himself, is now trying to bring her case to the supreme court. michelle carter, involuntary manslaughter back in 2017 saying she had a responsibility to call the police or call her boyfriend's family rather than knowing it was going to do nothing. carter's attorneys are appealing to the highest court i in the land, arguing the charges violated her right to free speech. as well as due process, claiming involuntary manslaughter is too big of a charge to apply in a case involving suicide. back in 2014, when she told 18-year-old konrad roy to get back into his pickup truck as it filled with carbon monoxide. that was after roy told her that

he was having second thoughts and was too scared to go through with his suicide. so, what now? alex lytle is here, criminal of defense attorney and live from nashville. it's an appeal to the supremes, and what is her justification and how might they react? >> of the supreme court takes one out of every thousand cases, but she has two argument. one of them, it wasn't there and she didn't take any action. if massachusetts wants to -- there's no way that ms. carter or anyone in her position would have known at the time of this conduct is that it was criminal defense. therefore the crime was vague and violated in that fashion. >> shep: the other side says, you were on the phone with your boyfriend, he was on the phone chickening out but you convinced him his original course was the

right one. get back in your truck and kill yourself. legally speaking, that should be allowed? >> does with the judge said when he found her guilty of manslaughter. there is no doubt her conduct is incredibly morally reprehensible and the argument her attorneys are trying to make is that we argue all reprehensible speech and don't make it a crime. >> shep: so if i am standing on a curve and hurting someone to jump in front of the car, as long as i don't push the person i didn't do anything illegal? >> that's the argument she's trying to make now. >> the u.s. supreme court doesn't take cases like this up unless there will be national implications. that's the focus of the tension

on this one. >> shep: a toddler is dead after the toddler fell from a cruise ship straight into the water. we will explain to you why her grandpa said he thought the little girl would be safe when put her down. plus an american couple on a dream vacation in the caribbean is now missing. but they didn't go to the caribbean republic. in fact they avoided it intentionally. we talk with a relative who says, she's boarding a plane and conducting a search of her own. not just 80 percent like other loans. and that can mean a lot more money for you and your family. with our military service, veterans like us have earned a valuable va benefit. the right to apply for a va home loan. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank,

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>> shep: a man whose 18-month-old granddaughter fell to her death from a crew shop says he thought he had placed the child in front of a closed glass window. that's what a lawyer told the reporters today. it happened on this royal caribbean cruise ship, freedom of the seniors, while it was docked in puerto rico.

investigators say the girl fell 11 stories out of an open window after she slipped from her grandfather's hands. but the family's lawyer says that's not the whole story and that the girl's death was preventable tragedy. phil keating reporting live in south florida. >> this is very likely headed to a courtroom in a lawsuit, for alleged negligence. of course, miami is the cruise ship capital of the world and the attorney of the family has retained is a miami attorney who specializes in taking on the cruise lines. he does not blame the tragedy on the grandfather at all but on the cruise line, royal caribbean. this is the little girl who plummeted 150 feet to her death. she was about to begin a weeklong caribbean cruise with her parents, two siblings and all four grandparents. at the time of her death according to the family attorney she was in a child water zone play area with her maternal grandfather who had glass walls

around it but one partition was open and the little girl went through it thinking it was like the glass at a hockey rink but it was simply open air. the ship is a royal caribbean freedom of the seas, i very large ship. the entire family remains on the island in the u.s. territory as this is still under investigation. >> generally windows are not a problem but when you put them in a kids area where passengers can open them where the wall of windows creates a hidden danger, unless he warned about it. how about a warning, how about a sign. >> originally puerto rican investigators said they believe the granddaughter was in the arms of the grandfather and he was near a window or windowsill and he had lost his balance on the child slipped out of his arms and plummeted to her death.

royal caribbean has only released a a short statement saying it staff is deeply saddened and has expressed sympathy for the family. >> shep: so sad no matter the circumstances. in the child's father is a police officer in indiana? >> yes, they confirmed that alan wiegand is one of their officers and in a short statement they wrote "the department ask for the community to pray for the entire wiegand family as they we respect their privacy." they said that they grew up and loved hockey games, where she would bang on the glass which is what they think she was attempting to do. the cruise has set off without the grieving wiegand family. >> shep: an american couple called off a trip to the to the dominican republic because of a series of tourist deaths later. now they are missing on a

different caribbean island and their families are worried sick. oscar suarez and maggie deville of new jersey vanished last month after they went on a ride on a jet ski in barbados. over the weekend at the french navy's reported they found that jet ski they had rented but it was hundreds of miles off of the coast of a different caribbean island. it turned up near waterloo pay about 250 miles north and west of barbados. oscar suarez's sister susanna cruise is here and she plans to go to barbados to help with the search. what have you learned? you just get on the jet ski and you are gone? >> everyone we spoke to on the beach, we already went there and ask other jet ski operators like, what is the normal process and procedure. they all say it's unheard of. everyone was just shocked and they can't believe that something like this can happen. >> shep: did they rent the jet ski through an operation that was attached to a hotel or

tourist, or was it a separate entity? >> most hotels don't offer jet skis as part of their water sports there. this was one guy who rents the only jet ski that he owns. >> shep: i ask because anytime you go to the caribbean, they say be careful who you rent things from, both sort jet skis. i wonder if there has been in thin alocal investigation into ? >> we have asked questions ourselves. and there seems to be a disconnect between what the police know and what we found out while we were there. as far as the water search, the coast guard and the marine police and even the u.s. coast guard with there for a short amount of time assisting but we were more focused on the land because it was mysterious the way they disappeared.

>> shep: what is your plan now? >> we plan to go on thursday morning and we will likely buy to a neighboring island to charter a boat or fairy because there is nothing from barbados to go up the entire coastline and look at ourselves as a family. >> shep: i don't even know how you are processing this. when was the last you heard from them? >> the last we heard was that they found the jet ski and they were continuing the investigation. the information we are getting is very, very limited. and i think they are saying it's become an ac it's an active investigation. they haven't even painted their phones yet. his brothemy brother had his phd they haven't done that yet. >> shep: the most powerful quake into decades and people say they are afraid to sleep in

their own homes. we had out to a town with a quick left a mark that you can see from space. but first, the self-made billionaire from texas has died. ross perot grew up poor in the depression-era and later became one of the richest men in all the nation. he delivered newspapers from the back of a pony but turned his billions in technology. after he attended the naval academy, he became a salesman for ibm and then ventured out on his own. he started his data company eds which helped other companies manage their computer networks. outside of the business world, americans got to know right ross perot after he accused the united states of leaving behind hundreds of american soldiers after the vietnam war. his fame, money and ideas for the economy pushed him to run for president for the first time in 92, and what a splash he maid.

he spent more than $60 million of his own money. he famously bought infomercials on television using detailed charts and graphs to make his point. >> i will sum it up. trickle down economics didn't trickle. 70% of our $4 trillion national debt is due and payable in five years and you need somebody who knows how to watch a cash register. >> shep: he would often put a button on his points with his signature phrase, "it's just that simple." in many of us remember him saying over and over, "larry, can i finish?" during many memorable locations on the larry king show. he ended that race in 1992, he didn't get any electoral votes but his supporters were loud and loyal. he took home a 19% the popular

vote, and some republicans blamed him for being a spoiler, sealing the deal for president clinton. he ran again in 96 and did not fare quite as well. he was also known for his charity work. he, his family and foundation have donated millions over the years to help everyone from our nation's heroes down to children. his son said every day, his father came to work trying to figure out how to help somebody. doctors earlier this year are diagnosed him with leukemia. his family says he died with loved ones at his side and in his statement, his family writes, in business and in life ross was a man of integrity and action. they called him a true american patriot and a man of rare visi vision, and a compatriot. each ross perot was 89. system naturally.

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>> shep: big law and order changes in california. california has a democratic governor gavin newsom is expected to assign one of the tightest laws in the country regulating police use of force. the new bill would allow cops to use deadly force only when necessary. the word necessary is key. right now the law considers

whether a reasonable officer would acted in a similar way and it's a big change. claudia cowan is reporting from sacramento. >> wright, from the state capital appear when the bill was first being discussed in february law enforcement groups did not like it. they argued that if police had to stop and think about whether they could face murder charges for opening fire, it would put their lives and the lives of others at risk. but months of negotiations led to new provisions about how officers in those situations would be judged and how law enforcement groups support the bill. >> our goal is how we can best serve the public. if we can find ways through compromise to accomplish both of those things than we are in support of that. >> the major's last year's shooting of an unarmed back don't like black, and after police opened fire on a

suspected vandal who they thought had a gun but it turned out to be a cell phone. no criminal charges were filed after state and federal prosecutors determined this shooting was justified because officers had reason to believe they were in danger. they fought hard for this higher bar. it means police can only open fire when it is necessary to defend against an imminent threat of death, not merely reasonable. the courts would then determine whether or not the use of force was justified in that situation. the governor is expected to sign ab 392 calling it an important of bill, one that will help restore community trust in their criminal justice system. while law enforcement groups are on board for now they will continue to report changes on a companion bill that would force police officers in california to modernize their training policy, especially in how to de-escalate

powder keg situations. that bill is still winding its way through the legislature here in sacramento. >> shep: claudia cowan, live at the capitol. president trump declaring an emergency for california after two massive earthquakes and thousands of aftershocks. the move move paves the way for federal aid to those who are hit the hardest. we are just getting a satellite image and the rapture is clearly visible in the upper right hand of the screen. this is right next to the epicenter near ridgecrest which is about 100 miles northeast of los angeles. jeff paul is there, reporting live. >> we are in one of those neighborhoods hit pretty hard by those earthquakes, especially that magnitude 7.1 and at several homes like this are being red tagged. that basically means that they have suffered so much damage, and i want to show you.

some of these homes have some damage but they haven't been red tagged yet so, some don't feel safe sleeping inside and are now sleeping outside. >> i am too scared. every sound, every noise, every movement. i think it's another one it's coming. so i'm trying to get through that but i'm having a hard time getting through it. >> that was tina harry whose mobile home shifted during the earthquake and is now leaning to one side while she waits for another inspection. she like others in town are now sleeping in tents. some just don't feel safe going back inside. the police chief tells us they have red tagged about 40 structures and most of them will be added to the list in the coming days. in the meantime those caught in

the middle are staying in shelters, reaching out to the family were sleeping outside. >> it's not a nice thing at all to feel like you have nowhere to go were nowhere to turn. i mean, i am getting help but it's so hard to move on and pick your life up and start over. >> fema will be here thursday. >> shep: the billionaire and activist tom steiner announcing today he's running for the white house. he made his fortune after starting a hedge fund. years ago he sold his stake and has since focused on politics. these made headlines calling for president trump's impeachment. you've probably seen the commercials or ads online for which steiner has spent millions calling for congress to remove president trump from office and building quite a list along the way. earlier this year, he said he would not run but he says he's frustrated with the way house democrats are dealing with the

white house. he wants the president impeached and he is headed, he hopes, for the big stage. and anybody with kids will tell you it's nearly impossible to compete with the screen. it's apparently become such a problem that some parents are hiring consultants for themselves. but first, life beneath the ocean can be very dangerous. >> what do they have there? oh, my gosh. >> it's a feeding frenzy, oh, my gosh. what are they eating? a swordfish? >> shep: researches across the coast of south carolina came across some sharks going to town. for the record, we did not have that music. anyway, the story doesn't end there. the sharks were perhaps too busy to notice the giant fish nearby. ♪

>> the group forgot the shark. >> oh, my gosh. >> the gruber used us as cover. >> shep: these are nowhere researchers speaking and this is no video and video and no on music. this is a lesson, watch your back in the water. one of the benefits we as a country give our veterans is eligibility for a va loan for up to 100% of your home's value. thank you, admiral. so if you need money for your family, call newday usa. need cash?

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we started handing it over to our children at an early age. what we didn't realize was, we are handing them this tool but we didn't realize that with a long-term impact on family life would be. >> so help me rhonda, what can parents do? try being a parent. play ball with their kids, play chess, run, walk the dog, chase the cat, ride a scooter. if it's big enough, right the dog. that's an hour of advice i rounded up to 20 seconds. >> shep: you are hired. should newsbreak out, we will break in because breaking news changes everything on the fox news channel. coming up next, we will have a facebook watch and fox news update. that's on the facebook watch home page. it's short news with some unique content that errors in real-time

live, or at any time on demand. the final bell is ringing on wall street and it's a down day but not by much. the dow has recovered most of its losses throughout the day. the best i and businesses coming up on "your world with neil cavuto." >> neil: welcome everybody, i am neil cavuto and today we are departing from our usual heap of politicians who scream at each other to remember a man who never screamed at all and has left the world for good. ross perot is dead and he was 89 years old. some younger folks out there may not remember him or know him but older americans once and forget him. a man who let his charts do the talking and it's not just that they underestimated him, they underestimated the power of what he was telling us and how our government has failed us. a rage so palpable that some say he had