views of the over 50 years of friendship that we've enjoyed. >> by unanimous consent, mr. lewis is now recognized. >> thank you, madam chair, ranking member are. >> you've been listening charlie rangel, from new york, democrat served since 1991 is finding out his punishment on violations. convicted of 11 of 13 counts of exthinkings -- ethics violation. i even though i have been found convicted of these charges i want it to be no finding that i was corrupt or south personal benefit. he talked about his love of congress. how he takes responsibility. he doesn't blame anyone else. he was facing a number of charges related to taxes to improper use of congressional stationary, all kinds of things.

the house hasn't sense sured -- censured anyone since 1983. it has been a while. a man who served 40 years in the house getting his punishment. let's check in with james rosen. he is following this. tell us about the pun pushment. what does it mean? >> reporter: chief counsel for the ethics committee that the ethics committee vote to censure congressman rangel. if they do that the 10 democratic and republican members of the committee, vote to censure a recommendation put to the full house. the full house of representatives will have to vote on the punishment. they're not obligated to follow that if that is today's recommendation. as it looks likes it will be. there are three options available to the committee, shannon. they could have voted to just reprimand congressman rangel. they could have voted to censure him as it appears likely they will

>> he continued a defiant posture today. unless he said it at the very end of his statement when i was walking from my office to this studio i did not hear him say that he was sorry. he did not hear congressman rangel express any remorse for his conduct. he did say his conduct was bad.

he said my bad conduct. he did acknowledge that he was sloppy, and he acknowledged lapses of one kind or another, but he maintained that he was never guilty of corruption and did not express remorse. shannon. shannon: thank you very much for keeping us up to date on this breaking news. this is fox news alert, new developments this hour with the verdict in the first civilian trial of a gitmo detainee. welcome to "america live." i'm shannon bream in today for megyn kelly. ahmed khalfan ghailani was charged with 285 counts of murder and conspiracy. when the jury read their verdict late yesterday the defendant was smiling, the prosecutors were not. although the jury declared him guilty of carrying out the bombing who killed 224 people including 12 americans they refused to find him guilty on even a single count of mud. there is a very big fight over what it means prosecuting other suspects. catherine herridge is live in washington with the latest.

>> reporter: this case was seen as one of the easiest if not the easiest of the gandhi taeupb he's since all the information was gathered prior to 9/11. the crime ahmed khalfan ghailani was accused of were treated as crime scenes and preserved as crime scenes for a future criminal prosecution by the fbi. the fact that the justice department was only able to convince a jury of one out of over 200 counts really does not bode well according to multiple analysts for other gandhi taeupb he's being tried in court. cases like his where the detainees were held in the secret prisons really amounts too a trial within the trial about the enhancement program that witnesses have described as tortured. a witness was excluded because the defense successfully argued that the witness was identified boo the cia program. unlike the selfdescribed architect of 9/1 9/11 9/1 9/11 n

ghailani was not water boarded. i think what is significant today is so far we've had no news conferences or public statements by the attorney general and also by the president in effect supporting this verdict in this case. they have issued paper statements that say that they are satisfied with the verdict. a number of analysts i've talked to this morning believe this this is really a done deal now, that the 9/11 case will end up in indefinite detention or back in guantanamo in the military mystery. shannon: prosecutors in the ahmed khalfan ghailani case that he bought metal containers, filled them with gas, also bought the truck used to carry that powerful bomb. here are images from that day

when the bombs went off. they not only killed 224 people, they included 2,000 other people. rescue teams described dismembered bodies, including teenage girls and one children. one said she passed a pregnant woman in the street with a huge garb against her stomach. they used pick actioness and bare hands to try to get to victims. some survived for days desperately tapping aeu day inside the rubble. one woman trapped away just before crews were able to breakthrough where she was trapped for days. 224 men and women dead. including julian and jay bart lee, both of them working at the embassy in kenya. sue bart lee, the mother left behind will join us live next hour with her take on this verdict. right now we are awaiting a meeting of the debt commission, less than an hour tomorrow members will gather again to address a phrob some inch is

even threatens u.s. national security. even though many of the group's recommendations are getting widely criticized our next guest has says we have to do something right now or we are facing a fiscal met down. judd gray joins us. i've seen your comments this is a threat to the u.s. second only to a weapon of mass destruction, explain. >> basically other than a terrorist using a weapon of mass destruction against us nothing is going to do more damage to our culture, prosperity is going to do more damage to us than us going into fiscal bankruptcy. we are incurring massive deficits and are projected to be incurring for the next ten years. a trillion dollars a year over the next ten years. we will get to the point where people will lose confidence in our money and be unwilling to

buy our debt at a reasonable price. at that point you'll have a massive implosion of our economy and it will have a devastating affect on a lot of americans. shannon: you and others have been raising the cry on this for years. we are being asked to make sacrifices based on what has come so far from the debt commission and secondary commission, they are not set in stone just yet. what we know involves a lot of sacrifice. do people get it that that's what it's going to take, do you think? >> i think that's what this last election was about. i've never seen the american electorate speak with such definitiveness. i don't think there is any question about this they were saying to stop the spending, get the deficit under control, reduce the debt and make this nation prosperous again and don't pass onto our kids a country we can't afford. i think the american people get it. whether the message was delivered in washington the jury is out on that. the chairman of the debt commission put together a very serious proposal which was significant, it wasn't global

but it was significant, he left out some areas i would want addressed. it got panned by the people on the left. the speaker of the house says it was a nonstarter. that is inexcusable. that's burying your head in the stand. shannon: it would ask for a lot of sacrifice from both sides, people who don't want to see any taxes raised or entitlements cut at all. are they going to be able to meet in the middle? you mentioned house speaker nancy pelosi comment. there there be common ground. >> there has to be. either you're going to do this in an orderly way or you're going to do it in the middle of a financial crisis of inordinate proportions. and it will be more painful. everything has to be on the table. remember the primary driver of this problem is the growth of the federal government. it's gone from historic levels 20% gdp since we've had since the epbz of world war 2 roeupl roam it's gone up to 24%.

it's headed to 27 or 28%. we can't afford this explosion in the size of the government. it means you're going to have to make tough decisions on the spending side of the ledge erred not only in national defense but also and more importantly on the entitlement accounts which benefit a lot of people and which people are very sensitive about. shannon: i want to ask you about a couple of ideas that have been floated by various members of the deficit commission. the idea of a 6.7 national sales tax what do you think. >> really, really bad idea. that is punting the ball saying we simply raise taxes dramatically and go to a european social welfare system. you have the government and you try to pay for it with any tax you can think of. a national tax isn't solving this problem. it's saying we are going to accept a massive historic

government. i would be very much opposed to it. shannon: what about raising the amount of income that can be taxed by social security payroll taxes. increasing the amounts eligible for that tax. >> you have to have a comprehensive social security proposal which address the benefit and the revenue side. that should be in the mix. i'm not endorsing what the commission proposal was, clearly that has to be on the table as part of a social security fix so you make that system solvent for the next 50 to 75 years. shannon: strict pay as you go rules. if you propose an entitlement or a tax cut showing in washington that you have a way to pay for it before its passed. >> absolutely. the problem in washington is we waive pay go every time we try to enforce it. i made 20 different pay go points of order on spending bills that came before the senate as ranking member of the budget committee. every one of them was waived.

$290 million of spending has occurred which violated the enhance pay go rules by this congress. it's unbelievable. as a very practical matter the enforcement mechanism is going to have to be something better than pay go to make it work. skwraot immigration debate hitting college campuses across the country. should illegal aliens receive the same benefits as u.s. citizens. we'll show you how the question is causing a controversy in texas right after the break. not far from ground zero sevens attorneys are celebrating the verdict of a man convicted of bombing american embassies. what about the families of 224 people including 12 americans who lost their lives? what does the verdict mean to them? answers just ahead. i couldn't concei this as a heart attack.

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john: yea, well, there you go. beth: yea, so what else is new? john: well, i just changed my medicare plan. beth: open enrollment? john: yup. i compared plans and found better coverage for me. beth: of course you noticed the new benefits we get under the new healthcare law. john: what? beth: well, like 50 percent off brand name prescription drugs for people who are in the donut hole. john: really? i didn't know that. beth: you have to keep up. john: come on. i'll keep up. anncr: it's open enrollment. time to compare and review plans at medicare.gov or call 1-800-medicare. shannon: a jury is deliberating for a second day the fate of a man accused of killing a

washington d.c. intern. chandra levy disappeared back in 2001. the case made national headlines in part because of her relationship with then congressman gary condit. he was initially the main suspect. police no longer believe he was involved. speculation swirling all over washington after republican lawmakers canceled a meeting with president obama originally planned for today at the white house. we are told a scheduling conflict forced a postponement but could something else be at play here? beltway veterans are grumbling about political games man ship. joe trippi is a fox news contractor. do you think it could be something more. >> i think gop leadership is kind of worried that they might be kind of getting sandbagged biobama. they feel it happened to them in the past. the other problem they have,

it's not quite clear whether the tea party members want to cooperate with the administration and how they figured that out. and i think they need more time. i think the white house handled it well by saying if you need to wait until november 30th that's fine. but we need to start working together. shannon: i know the meeting went on with democratic leaders at the white house. there is a lot of polling that shows the american public doesn't think it's going to get better in washington. they have big things to get done in the lame-duck congress. what are the odds of bi-partisanship. >> reporter: hroep flee it's a scheduling snafu. you have the whole question of tax cut he can tensions, the george bush tax cuts that the gop says hey we are running out of time, we've got to do this now. at the same time, hey we can't meet with you. it just doesn't make -- add up, really. then you've got the problem of we are running out of time and

november 30th is a while away. we'll see what happens here. americans want the two parties to work together and this is -- symbolically this isn't good. shannon: do you think it represents in any way sort of a power shift for the president. there would have been a time he would have summoned these folks to the white house and there wouldn't have been a question about it. has the dynamics changed between the two sides. >> reporter: there is no question about that. when the president had the majority of the house and the senate he could have called this meeting and the only meeting that would have mattered was the one today with the democratic leadership in terms of getting something done in the house. now you can't get anything done in the house without meeting with gop leadership and that's why if we don't get these meetings starting to happen nothing is going to happen until, you know, next year. and maybe that's what the gop wants. the leadership may want to sort of flex their muscle and say, you know, we'll take the ball january of next year. shannon: there is some

speculating that the gop has reason to distrust this president or administration when it comes to them being involved around the same table, having a discussion. is there some point at which he needs to begin to win back their trust? >> reporter: certainly he does. the reality is he did go from a period where you didn't have to pay much attention to them if you were president, and i think they felt like he didn't. i also think they felt on the few times that they did get together it was sort of a publicity angle that made them look bad. i think, you know, the gop leadership is clearly not trustful of the president and the administration's motives. at the same time, look we've got to get that behind us, if they don't start working together and build some trust up nothing is going to get done and it's going to be polarizing. i they will you if this is another two years of polar rised government i think it's going to

be a really bad 2012 for both parties. shannon: you mentioned early on maybe this had something to do with a struggle within the gop. tea party influences. mitch mcconnell boeing to the tea party would that keep him from going to a meeting. >> reporter: if the tea party members say we don't want to meet with him, we don't want to do this. we don't want to play ball with the administration. we need to hang tough on principle and we are not meeting. then the if the leadership goes into a meeting without having that figured out they'll have egg on their face from members in their own party. we don't know what is going on but there is clearly a schism between what the tea party activists and members want to do and where maybe there is more room among mitch mcconnell in leadership to try to cooperate and the tea party may not want cooperation. so this could be much bigger

than just the president and the gop leadership. this could be a schism in the party. we don't know yet, i'm anxious to see how this plays out. shannon: a quick yes or no answer next meeting scheduled allegedly for november 30th. does it happen? >> reporter: yeah, definitely if they don't make that happen there is going to be big problems i think. shannon: we'll be watching. joe trippi, thank you. we are just getting word of a near miss of two passenger jets over israel. an air berlin flight that had just taken off veered from its course to avoid hitting an el-al jet. as soon as we get more details we'll bring them to you. ugly scenes as in california as the cash-strapped state announced tuition hikes. that's the same state where they just decided to give tuition

breaks to illegal aliens. >> we tried to get into the meeting going down the stairwell and they started pushing up the stairwell. someone fell on top of me and then i don't know people were out of the stairwell and they were like hitting the steps with the billy clubs trying to get us to get out. you might also want to try lifting one of these. a unique sea salt added to over 40 campbell's condensed soups. helps us reduce sodium, but not flavor. so do a few lifts. campbell's.® it's amazing what soup can do.™

shannon: a surprising twist in the debate over illegal immigration on the campus of fresno state university in california. an article in the school newspaper revealing their student body president is not a u.s. citizen. student president pedro ramirez admits he is here illegally although he says doesn't think his status interferes with his elected office. students are split on that issue. >> there is no citizenship requirement to be a student

officer. it's student government. i'm here to serve the students, not the state of california, or the federal government. >> he misled the students. he wasn't up front about it and no one knew about it. i think he should step down and have a re-election. shannon: you may remember the california supreme court this week ruled that illegal immigrants are entitled to the same inch-state tuition rates given to residents. texas a&m's student senate approved a bill to prevent students qualifying for subsidized tuition: >> reporter: texas was the first of nine states to actually allow illegal immigrants to get inch-state tuition: now it's a major controversy on the campus of texas a&m. 49,000 students go to texas a&m and 300 of them are illegal immigrants. the student senate voted to make

sure they could no longer get inch-state tuition rates. just so you know, the in-state tuition at texas a&m is about $8,000 a year. the out of state tuition is 22,000 dollars a year. the students say they actually voted on this because state lawmakers wanted to get some feedback from college students. but the student body president jacob robinson vetoed the bill. >> this is a state issue, this should be dealt with there not in student government. this is an issue that our state legislation should be dealing with and not us as students of texas a&m and the student senate. >> reporter: the stew tkapbt senate tried to override the veto, we learned a few minutes ago they did not get enough votes to override it so the student body president wins that debate. however a texas state lawmaker, leo berman says he will introduce in the upcoming session very similar legislation on the state level to not allow

illegal immigrants to get inch-state two which is. just for the record the only two states in the country that do not allow illegal immigrants to go to college at all, georgia, and south carolina. more on this as it comes in. shannon: very interesting. trace thank you. is marriage on its way to becoming obsolete? a new poll today on what americans think about matrimony these days. you may be stunned at some of the findings. two senators introducing a bill to allow even taoeufr states to opt out of the big healthcare overall. why do they want people to be able to opt out? see what happens next. >> if you like your healthcare system and your doctor the only thing reform will mean to you is your healthcare will cost less. if anyone says otherwise they are either trying to mislead you or don't have their facts straight. ♪

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shannon: developing right now, republican senator lisa murkowski formally declaring victory today after the associated press called her the winner of that three-way senate race in alaska. five children and a bus driver hurt today, a fiery collision between a school bus and an suv in missouri. the injuries of those on the bus not severe. the driver of the suv was killed.

that is not u.k., france, greece, anywhere else we've seen some of these clashess. that was the scene in california where students are fighting with police over proposed tuition hikes. a few minutes ago we got word that the regents approved a 8% fee hike. cloud today could you and is live in san francisco to tell us more. >> reporter: we could see more violence today as the uc board of regents votes to increase those student. sparking a protest yesterday that became very ugly very fast. overall about 300 demonstrators clashed with officers at uc san francisco's mission bay campus. the violence ending with 13 people arrested, including ten uc students, and four officers suffering minor injuries. protesters trying to storm the regents' meeting surrounded uc police. at one point a student got hold of an officer's baton and clubbed him in the head. that officer pulled his service gun in selfdefense and called for help. that student could face charges of assault with a deadly weapon.

police used pepper spray to disperse the crowd which included uc staffers. they are angry over a higher retirement age for new workers and more contributions from current employees. >> where is the justice in that? what are you doing with this money? what is happening with the money that you are spending on the student fees if it's not coming to the workers? >> reporter: in just a couple of hours the regents are expected to give final approval to a proposal that would raise student fees for state residents to more than $11,000, double what it was six years ago. it comes months after a 32% increase took effect. uc officials say they need the money following deep cuts in state funding, but some students say they may have to drop out. uc officials are expecting more protests today on all ten uc campuses. police saying they are better prepared to handle any violence. we haven't heard of any trouble so far, shannon, but we'll keep you posted. back to you.

shannon: we know you're on it. claudia cowan back you very much. democratic senator ron widon and scott brown introducing a bill to let states opt out of key provisions of the healthcare law. why does the senator want to gut a law that he helped to plant? nancy skinner joins us. why does a senator who fought this thing to get passed think it's not good for his state but everybody else has to comply. >> reporter: i think he saw the results of the the election and was worried it was somehow on the ballot. what you don't understand it's not a program where you can opt out. it's like car insurance. if some states opt out and don't do it the other states are going to subsidize the states that do have to pay insurance.

we are not going to deny people healthcare. the whole program, you just can't opt in or out of this unless we are prepared to say to people, listen, your state is not in, and even though you're going to die we'll just have to let you die. this country will never do that, so i think that senator widin is looking at the polls, saw what happened in the election and thought about that. in practicality it doesn't work. shannon: chris could it be be more than political expediency? could it be the content of this thing. alternate least 111 employers or unions have been able to opt their folks out. more than a million americans have been opted out. is it possible this democratic senator is now seeing problems with the program. >> reporter: this thing is a nightmare, has been from the beginning. nancy pelosi famously said early on you have to vote for it to find out what is in it. it is a knife-wielding chuckee doll coming apart at the seams at this point. it is a clown car of nightmares.

you have bernie sanders who is actually a social lis, ron widon who is a very liberal democrat and a massachusetts republican in scott brown looking to opt out in this thing. there are equal protection issues, states rights issues. it's clear this thing is coming apart at the seams. now we're voting on it as pelosi said. when liberals, and social lises and massachusetts republicans find out what is in it they want out of it. we have 111 organizations who were very much in favor of this legislation when it was being foisted upon us in midnight meetings and they've got even exemptions for themselves, sweetheart deals for themselves. they want nothing to do with it. this thing is a nightmare, scrap it, start over again, let's have the discussion we should have had. >> what happens if. what happens if one state

opts out. and the person in that state has a preexisting condition. that person is going to go across state lines and get healthcare from another state whose citizens will subsidize it. it's like auto insurance, it's a very similar example to auto insurance, you all have to have it because no one is going to want to buy it until you're the victim. so who is going to pay for that person, unless we are prepared to say, no, no, you're gus going to die and in that country that is not going to happen. someone will subsidize the states that opt out. >> reporter: it's not going to happen, it hasn't happened. we don't deny people coverage when they have medical issues, we don't turn people away at emergency room doors. >> reporter: who pays? >> reporter: hang on a second. just a moment. across state line is something that republicans were push inch hard and that democrats pushed back against and refused to put in this 2500 page money stros

tee. -- montrocity. now you have bernie sand ters looking to get away from this thing as fast as they can, looking for exemptions for themselves. this thing is coming apart at the seams. it is a joke. >> reporter: you know why across state lines didn't work it's just like in the banking industry where you have delaware, it's a race to the bottom, minimum requirements for care for the companies, so that, you know, the regulations that make sure that you get -- you've got covered for preexisting, kids that can stay on until they are 26, all these other things, right now you can't be dropped from a policy if you're sick, if you've been paying and they can do that now, that will be the norm. health insurance will be a race to the bottom to the state that will do it. shannon: ten seconds. >> reporter: the democrats front loaded this with everything people think sounds good and nice, and some of the things do and we can talk about establishing those, accomplishing those goals. but this bill is a disaster from start to finish, and even bernie

sanders and ron widon know it. that should be a shot across the obama administration. this thing should be dead. shannon: we'll see what impact the legislation has. a clown car full of horrors, i don't know if i'm heard that description before. chris and nancy. thank you very much. both of you. a massive search underway right now after search crews found a crashed stealth jet with no sign of the pilot anywhere. new details expected shortly on what might have happened. plus hundreds of people lost their lives when those u.s. embassies were bombed in africa. now the jury has declared the prime suspect not guilty on hundreds of count. convicting him on just one. was justice served? and what is the message now to the rest of the world? we're going to get reaction from former u.s. ambassador to the united nations john bolton in three minutes. >> no matter what it takes we must find those responsible for these evil acts and see that justice is done.

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astrazeneca may be able to help. shannon: new trouble for the man behind the release of hundreds of thousands of classified u.s. military documents. swaoe den will issue an international arrest warrant for wikileaks founder julian assange. he denies the allegations and insists interactions were consensual. to date wikileaks has dumped about a half a million secret documents on the wars in afghanistan and iraq. this is fox news alert. new reaction into fox coming from the white house moments ago on that verdict for terror suspect ahmed khalfan ghailani. he was found guilty of conspiracy to destroy the embassies that were obliterated but cleared on more than 240 counts of murder. 224 people plus 12 americans

were killed. many, many injured. would it have been better optically if he were con vehicled of more counts? sure, would it make any practical difference? no. let's bring in john bolton. former ambassador to the united nations. your reaction to that comment. >> reporter: in the race for the most incompetent, ignorant official this lady has to have taken the lead. that is really an appalling comment by someone who thee receipt i can lee i suppose is familiar with the circumstances here. this defendant was accused of mass murder and was convicted on only one conspiracy count and i think that reflects a fundamental failing in the administration policy of trying to ram these sorts of terrorist attacks into the traditional criminal justice system. that kind of comment, i just think is beyond the pale. shannon: you have seen over the last less than 24 hours since we've got even this verdict

comments out there from a lot of folks on the left this proves that the civilian trial works for this kind of cases. he was convicted. we can't guarantee this he's going to be guilty on all counts, this is still a success. right or wrong? >> reporter: well, silly, worse than being wrong. the fact is there are two different paradimes here, one is the bang robber paradime, the other is the war paradime. this kind of terrorist attack against facilities of the united states, mass murders like the terrorist attacks of 9/11 are fundamental acts of wars. they are not like bank robberies. you can't fit them into the traditional criminal justice system. he will receive something yet unknown for the one count he was convicted on but will be held indefinitely at guantanamo because he is in fact a terrorist. i think it looks foolish for the administration to try and

rationalize what is a clear litigation defeat in new york. shannon: he was on the hook to be tried for almost 300 criminal counts. he's convicted on one conspiracy charge, mean on his appeal it's only one charge that is standing between him and his freedom at this point. do you have concerns about this through the appeals process. >> reporter: sure, absolutely. but i think the thing to stress is that it's not -- it's not that a military commission would be better to try this guy than a civilian court as is that the administration is still trying to imagine the threat of international terrorism like it's a law enforcement problem when it's not. it is fundamentally nor a tphal louisiana gus to war and the laws of war should apply. in the case of this individual whether we tried him or not we could keep him at gitmo or any other facility that we established for as long as the war on terrorism existed and that's fundamentally what we should have done. if they interpret this kind of humiliation from this jury in

new york as vindication for further criminal justice system trials of terrorist defendants it sends a terrible signal of american weakness throughout the world to all the would be terrorists out there. shannon: you mentioned detention at gitmo. that was one of the first promises this president made was that he was going to close it. what does this do for that promise? >> reporter: i think it stands it its head. i think it demonstrates why it was foolish to have made the commitment to begin with. it bee spoke a real ignorance of the process by wish the bush administration created gitmo to begin with, not because it's a desirable situation, but because there simply is no alternative place to house these terrorists without giving them full constitutional rights, or being threats to american citizens. i think the president obviously was carried away during his campaign. he's face-to-face with harsh reality. i think gitmo will never be

close until the action ooh aerial tables work there will on the prisoners there. shannon: good to see you. a dozen americans were among hundreds of victims including a father and son, julian and jay bartley are now buried at arlington national cemetery. jay's mom joins us minutes from now. for more analysis on on this terrorist case go to our website. you will find pictures from the trial. what may be the final chapter in the scandal that up ended california's race for governor, republican meg whitman coming face-to-face with former made nikki diaz when we return. >> housekeepers are human beings

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shannon: brand-new developments in a controversy that many political watchers say was the beginning of the end for meg whitman's hopes to be california's next governor. the defeated republican candidate will pay her former made $5,000 to settle a dispute that blew up during the campaign. you may remember that's when it came out that nikki diaz was an undocumented worker. in a statement whitman says she doesn't owe diaz any money. it is less than the money her

and her lawyer initially sought. the controversial immigration bill sb1070 struck down parts of it in arizona. according to one utah state representative it is alive and well in the bee-state. trace gallagher live in los angeles with that. >> reporter: the utah lawmaker who is pushing this bill is republican steven sandstrom. he says he has the votes to pass it and he says 80% of utah citizens are behind it. he says the law is modeled after arizona's sb1070. it would require police officers to check the immigration status of those who are pulled over for another crime. now key parts of the arizona law as we know were blocked by a federal judge. it's now under appeal in the 9th circuit court. here is sandstrom talking about his version. listen. >> my bill specifically targets the criminal element that is here i will league in this state. the people who are stealing the

identity of our children. the people who are taking advantage of our social welfare programs at the costs of hundreds of millions of dollars to the taxpayers of utah. this is what we're fighting for. >> reporter: criminal element or not the proposed utah law is very controversial. this was the scene at the state house in salt lake city. i mean there were reports that highway patrol up there had to actually separate some different people. listen to some of the back and forth. watch. >> i wouldn't dare punch him or do anything to him. he was push her. >> are you calling me a liar? >> yes i am. >> you haven't listened to what i have to say. >> reporter: a lot of head butting up in utah. if this does pass, shannon, you know a flurry of lawsuits will come on the heels of that just like in arizona. shannon: almost a guarantee, trace, thank you very much. also on the immigration front

democrats in washington pushing hard to get what they saul the d.r.e.a.m. act through congress. critics say it amounts to amnesty for illegals. plus live to the mexican border for a look at the battle to keep mexican drug cartels from taking any more lives. we will talk to a woman who lost her husband and her son about what she thinks about the verdict next. plus this. >> we to like to express our sympathy for the 224 people who died and the hundreds of others injured on august 7th 1998, all no gallop poll was not responsible. we join our client in thanking this courageous jury and judge cap lan foray fording ahmed

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shannon: this is a fox news alert. new reaction from the white house in the verdict in the 1999 bombing trial. ahmed khalfan ghailani convicted on only one count. he bought the gas and bought the truck used to carry the bomb. 22 people were killed, including 12 americans. rescue workers were injured. locals rushing to the rescue with nothing more than their bare hands and a few tools. two of the victims julian and jay bartley. an american father and son working together at the embassy, they were sue bartley's brother

and son. we can never imagine the loss you have suffered. i know you have been a part of this trial. what's your reaction? >> i'm actually stunned at the verdict. i can't understand how the jurors reached the verdict. i was in that courtroom every week. and heard the evidence that they heard. and i just can't understand how they had a breakdown in understanding what was presented. shannon: there have been many-said this was a success. there was a conviction on one counts. part of what the white house said. without have been better if he had been convicted of more than one counts? sure. would it have made i practical difference? no. >> we are happy there is a conviction. this is the place to have the trial.

he was indicted for the al qaeda a is and the in the east africa bombings in 1998. from the first trial as you well know, several of the people -- all of the people who were on trial were con sixthed and are serving life sentence without parole. i don't want to see the question of whether detainees should be tried in federal courter to military court to become a political volleyball. we are talking about people's lives. and i think we should take a different look -- a different approach. shannon: dew think off the years, because this happened in 1998. you hear the numbers and you lose twrask that means. have you worried along the way people would forget. those 224 people were human beings. what do you want people to remember? >> they were our family members serving the american public.

they were a micro coul microcosf america. they come from diverse groups. we have representations from across all cultures in america. americans sometimes have short memories. but with something like this, this was a preduringor to 9/11. i think people forget that. shannon: tell us about your husband and son. having the opportunity to work there together, i know they had adventures all over the world. >> we have lived in six countries. my husband was a career diplomat with almost 30 years of service. our son was a college student. he had lived and traveled with us all over the world. and, you know, we miss him still every day. shannon: i have to ask you because now sentencing comes. we know it could be 20 years, it could be life. what do you think is appropriate

for mr. ghailani? >> the maximum. whatever the maximum sentencing be, that's what he should receive. shannon: how hard do you think this trial was for the jurors? >> i don't know. i just know that the evidence that was presented is the evidence that clearly says that ghailani participated, he was an active participant in these crimes, and i don't know how the jury came to their conclusion. shannon: do you think it's appropriate for mr. ghailani to remain held at guantanamo bay? do you think that's where we should keep him? >> i don't know where we should keep him. i do know that the four convicted terrorists are serving terms in maximum security facilities. and i don't think it would be impossible to place ghailani in

a maximum security facility. shannon: i know it's been a long time. it is a conviction yesterday. what message after all you have been through the last many years would you like to leave with folks about this situation? >> you know, this is something that started in 1998. we are faced now with a change in the way that we travel, a change in the way that we do business internationally. and we have all been affected by it. but by the same token we cannot let a terrorist win. we need to track them down wherever they are and bring them to justice. shannon: we know you dedicated so much to seeing this through and we share in your loss with you. thank you. so the question is, what was this jury thinking? acquitting ghailani on all but

one of the more than 280 charg charges. we'll have that debate just ahead. you can check out the analysis and background on this trial on foxnews.com. this is a fox news alert. the once powerful new york democrat charlie rangel pleading with his colleagues for mercy and fairness after 40 years in congress. the house ethics committee recommending censure. if it were carried out it would be the harshest short of expulsion. here is what he had to say a short while ago. >> i look at myself every morning. and i have never blamed staff, my family, or anyone for my irresponsible behavior as it relates to violation of the house rules.

i wanted to be judged publicly. and i admitted wrongdoing to my committee. it wasn't my fault that this committee decided to have this hearing on the eve of my primary. or the eve of the general election. shannon: it didn't hurt him at ballot box. steve rosen has been watching this play out. >> reporter: congressman rankle rose boldly to his own defense offering his version of events on a number of allegation in his case even though the proceeding was more akin to a sentencing hearing than a fact finding exercise. the 20-term lawmaker admitted to yong doing, bad conducts, i are responsible behavior and he said the record was nothing for him to be proud of. he also emthat sized a statement made by the chief counsel in the

case that he found no evidence of corruption, no sea tempt by rankle to enrich himself. a have you can member of the committee lamented rankle's kn city went were able to learn the committee's decision before election day. he never expressed regret or remorse. >> for the small business woman who didn't pay her taxes for 17 years and had the irs breathing down her back, i can only imagine how she would have liked a chance to help write the tax code of this country and make it less burr come some and simpler for everyone else. >> god knows there was enough derogatory things said about me that i don't think you have to feel sorry for my constituents not knowing. the press took care of it. >> reporter: the full ethics committee is expected to vote

this afternoon on a punishment. then it will go to the house of representatives. the house will not be obligate to follow the ethics committee's recommendation. shannon: general motors debuting one of the biggest ipos in history. quite a turn around for a company that needed a massive bailout. will the american taxpayers see any of that money? he's going to help us follow the money. >> we are hearing what a great success this thing is. taxpayers, you and me we put in $50 billion into this company when it went bankrupt. by the way the uaw putting zero dollars. as of today after this massively successful ipo, our share is worth $12 billion. we are down $38 billion on the

deal. the uaw comes out smelling like a rose. they have $4 billion for a zero dollar investment in china, saudi arabia and friends of the obama administration will make money because they were able to buy into the ipo before it went public. the taxpayer foot the bill. taxpayer ends up getting hurt. if i were to ask you can i borrow $100, would would you do? here is your investment. here is what you get back. $25 back. that's what the taxpayer just did. we gave gm $100. they gave us $25 and everyone is saying it's a big success. shannon: are you concerned got foreign investment. the fact that there is such a huge taxpayer share of this. but now 80s floods back outs that china and others are buying

in. >> china and others are going to have 15% to 18% of the ipo deal. they got in before anyone else it's called insiders. is called my broker and said can i get in, too? haven't heard a word. right now they are up hundreds of dollars. tens of millions of dollars so far. we are footing the bill. saudi arabia is doing all right. uaw is doing great. shannon: $38 billion in the hole. >> here is how it works. the taxpayer is going to sell -- the government is going to share the shares, 60% of gm going in. as the time goes they will sell shares. they can't tell us how store when. but eventually they will try to reduce the taxpayer exposure down. let's say we lose $38 billion.

on way we get this money back which is gm which is trading $35 goes to $50 to $60 a share. then you start recouping the massive investment. but this is one massive transfer of wealth to taxpayers to the uaw and foreign sovereign governments and it's -- shannon: you can catch much more of eric bowling on follow the money 9:00 p.m. eastern on fox business network. leading democrats meeting with the president and vice president discussing tax cuts that affect every single american. in the next few minutes we'll see what they decided. a shock revelation in the natalee holloway mystery. what was found on the beach that was investigators buzzing about new leads. >> reporter: we'll take you to the mexican bored and show you

how the authorities here in texas are running a counterinsurgency. we'll show you how the texas border is starting to feel like baghdad and kabul. >> he's doing about 130. >> i have got him in the night zone. >> one of the suspects is in custody. >> we have everybody. we have everybody. eggland's best eggs.

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shannon: new reports out of aruba raising questions about natalee holloway's disappearance. investigators are saying the jawbone found on a beach belongs to a young woman. dna tests are underway to determine if it does belong to holloway. she disappeared in 2005 on the final night of a high school graduation trip. the case made headlines all around the world and her body has never been found. brand-new reaction from leading

democrats after a sitdown at the white house over bush tax cuts. the democrats meeting with the president and vice president this afternoon. mike, great to see you today. let's talk about the fact it seems like there hasn't been a united front from democrats on this. we heard hints maybe the president would be willing to go along with extending bush tax cuts. do you think they will get on the same page with the strategy here? >> you know what i think will help? if the blue dog democrats finally stand up and actually are conservative instead of just pretending. there used to be 54 blue dogs. now there is half as many. this will be a great last push to say we are conservative. let's go out on good conservative tax cuts. they can really dictate a lot of what's going to happen coming

up. shannon: that's a whole bunch of of cats to herd. the gop did not go the to this meeting today due to a scheduling conflict. but how to you get both sides of the aisle on the same page? >> we are going to hear a lot about compromise. it's going to be strange to hear. you have got conservatives who want tax decreases for everyone. you want barack obama and hard-core liberals who want tax increases for everyone. coming together for tax increases for some people. that's not a compromise. that's a failure. so anything less than full permanent tax cuts is a failure there my book for the conservatives and the republican party. shannon: come january they will be calling the shots in the house. do they have enough power in this session to make things happen? >> with the hair can people behind them they can do the best

they can. maybe we'll settle for two years to get us until we can get a real conservative in the white house. but there is enough push from all the american people. they call their senators, democrats or not and say leave permanent tax cuts. the uncertainty out there is what makes it that they are not hiring. we need permanency and certainty and stability in the economy. two, three years here and there, that's not going to do it. shannon: what are you hear illegible your listeners? january 1 every american will be effected if they don't do something. >> in west tennessee, very rural and middle class, we have farm lodge nick west tennessee in in america everyone has the right to life, liberty and the pursuits of happiness. everyone has a right to earn their own property. and we also understand that the government is there to protect

every citizen. and it sounds weird to say, but rich people are people, too. to have the government put people into groups and penalize certain groups for certain characters, that's wrong. hopefully two years count road we can talk about a flat tax and fair tax for all americans. shannon: how do the people in west tennessee feel about the fact that there doesn't seem to be bipartisanship. >> we elected a strong conservative, replacing a blue dog democrat who is unwilling to compromise. we are not willing to compromise on basic principles of america. life, liberty and the pursuit of happiness is in the declaration of independence. shannon: a massive search is

underway after crews find a crashed stealth jet. no sign of the pilot anywhere. we'll show you what the crews just found. there is a major drug war raging along our border. big stakes and big risks. now we are bringing in the big guns live on the border next. [ sneezes ] client's here.

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shannon: new bloodshed reported

in mexico. officials identified several of the dead as members of the notorious drug cartel. violence along the u.s.-mexico border has gone the so bad it's become a full-blown war zone. in some border towns it's twice that of baghdad. >> reporter: right there is mexico, just on the other side of the river. when we first pulled up here this morning there was a drug cartel spotter hiding in those bushes. he watched us for some time. these police, the border patrol are under constant surveillance. we went for a fly along with the texas department of public safety and we found ourselves in the middle of a lot of action. >> although we have always done great work i never thought we would be in this para-military type engagement. this is a war on the border.

>> reporter: captain stacy holland is in charge of the helicopters that makeup the aviation assets used by the texas department of public safety to fights the drug cartels. the cartels have spotters who sit on the river and call out the positions of the u.s. border patrol. >> we don't have a lot of time to interdict these people. as the sun went down, a border town of 100,000. we got a call to provide air support for a pursuit. >> he's doing about 1230. >> reporter: three vehicles, one filled with narcotics, a chase ensued. night vision helps with the hunt. >> he's in the night sun. >> reporter: the night sun

spotlight allows them to track the drug runners. >> one of the suspects is in custody. >> reporter: america that with a street value of $700,000 captured it's all in a night's work for the texas department of public safety. just to give an idea of the numbers and the danger. there were 9,000 drug-related deaths last year. in the afghan war, 1,800 deaths. the fbi released a survey saying in 270 u.s. cities drug cartels pose a greater national security threat and al qaeda. shannon: safe travel to you and your crew. go to foxnews.com. at the top of our home page click on the link, america's third war. you can follow the impact this

drug war is take knowledge on both sides of the u.s. mexico border. critics say the dream act amounts to amnesty for illegals. so why are president obama and senator harry reid pushing to gets it to the floor before new years. in hollywood the tinseltown communities is coming together to find a cold-blooded killer. could marriage become obsolete in the near future? ♪love and marriage ♪love and marriage ♪go together like a horse and carriage♪ ♪this i tell you, brother ♪you can't have one without the other♪

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shannon: the department of justice reacting moments ago to the verdict in the trial of ahmed khalfan ghailani. a jury yesterday found him not guilty on 284 counts, convicted him on just one. the d.o.j. moments ago saying quote the people criticizing the outcome of ghailani are not paying sufficient attention to the fact that he was convicted of a serious crime that will lead to a long sentence. we haven't heard if ghailani's lawyers noon appeal that one

counts. eyewitnesses in the courtroom say as the verdict was read, ghailani was smiling, the prosecutors were not. new information on a missing air force pilot. the u.s. military said they found wreckage they believe came from the fighter jet, but still no sign of the pilot. >> reporter: no sign of the pilot is a good thing. that least that gives the pilot a chance to have ejected from the aircraft. but if he did eject the odds are he could be within several miles of the crash site in any direction. we are talking about needle in the haystack because its many very wild, very rugged terrain. very hard to spot somebody who might be below that. the pilot would have a locator beacon until it was damaged in somehow during the ejection. the pilots who fly out of that

area have arctic training. the weather in that area was 4 below zero overnight. but pilots are equipped with special suits, they have hoods, they have inflatable mittens that would allow him to easily survive those temperatures. even if he fell into frozen water he could survive that. he likely also would have food and water on him. but remember the main objective of these suits and these ejection seats is to survive the initial blow, the initial accident. there has been two other f-22 rapper crashes in the past three years. both of them at edwards air force base in california. one pilot was killed. one of those had a dual engine flareout which means both engines went out suddenly. we do not know the cause of the alaska crash. the pilot is still missing. a full search is underway. any details as they come in we'll bring them to you.

shannon: the white house vowing to get the cream act to the floor before year's end. there are new worries about a tax bill. why is the dream act a priority right now? let's talk about it. ben ferguson and mark levine. welcome to you both. mark, why does this jump to the top of the list? >> it's important. it's been around for about a decade. it had bipartisan support. it doesn't ask that. all it says is kids who came here as kids and lived here for five years and didn't commit a crime. they didn't go across the border themselves. they arrived as babies or infants or young children. they have a chance to succeed in america and don't have to live in the shadow and worry about being deported. i hope it can be passed quickly.

shannon: more important than tax cuts that can affect every single american? >> the reason why they are doing this is for one simple reason. harry reid said vote for me and i promise you i'll do this. they know they don't have the votes to do it the next time around. we know the american people don't want this, but we promised it to his and is. we tried to entice people putting it on a defense bill. harry reid barely won election. the american people couldn't want it the same way they didn't wants healthcare reform. they will try to ram it down our throats. shannon: is this a payback? >> there is nothing wrong with a politician keeping their promise. john mccain used to be a coon spore of this bill nell flip d used to be a co-sponsor of this bill. >> i think it should have been

done before the election. but i'm confident that will be done >> do you think average americans care more about the tax break and what they need to survivor harry reid and nancy pelosi going on their renegade proposals with this president on something no one wants right now. no one is asking for. when they want relief when it comes to taxes and stopping government spending? which one do you think they want more. >> i don't think you would call 65,000 people no one. democrats want to give a tax cut to every one, and republicans want to give a tax cut to every millionaire. these are people who came here as infants. they haven't committed any crime it allows them to serve two years in the military. two years of college. >> they are breaking the law by being here

shannon: they had to come here before 16. not everyone is an infants. if they stay here and go to two years of college or two years military service. basically some say that is them purchasing or buying amnesty. no? >> it's hard to blame an 8-year-old for something the parents did. >> someone who commits a crime at age 6 or 8 or 2 years old. we don't blame them for that. we understand they didn't make these choices. we don't usually blame children for the sins of their fathers. this is the only example i can think of in u.s. law where we are blaming someone for something other people did. you bring them out of the shadows they are less likely to be criminals. >> they don't commit crimes because they are? the shadows. you never hear a judge in a

court saying let's not punish a child by sending a parent to jail. but in this one case what you are saying is, they are breaking the law but -- >> they are not breaking the law >> they are not breaking the law >> they are work the system and getting their kids free education. we pull on the heart strings of people who say these poor little kids. our american kids aren't getting an education now. why do we want to educate other children when we are not even doing it to our own shannon: the last time they tried to get this to the floor it was tagged onto a defense appropriations bill. it's got to happen. this time we hearing senator reid is going to break out out as a and alone bill. a lot of pundits think it stands less of a chance to do this on his own.

is he doing this as a symbolic gesture? >> i don't think so. there were three republicans senators who said they would not vote for it as part of the of te authorization bill. but they would vote for it as a stand alone bill. we'll see if those three senators keep their word. shannon: coming up at the top of the hour. "studio b" with shepard smith. shep: have you seen these pictures from the denver airport? a photographer from a newspaper took pictures of people getting jump touched. it's something to think about. should the federal goivet allowed to do that, seriously? should the federal government be allowed to do what if anyone else did it would be a felony? we are thinking about it. we'll get the judge's thoughts on it. shannon: i know how you feel about the touching of the junk.

thanks, shep. 224 innocent people murdered. 4,000 others severely injured. some of them blind for life. yet a jury has cleared the terror suspect of all charges except one. >> ahmed was not responsible. we would like to express our sympathy for the 224 people who died and the hundreds of others who were injured on august 7, 1998. at can i get ya?

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about how you can move ward relief. celebrex. for a body in motion. shannon: 224 people dead, over 2,000 wounded. remember this with robert gibbs

in june of last year? >> this is somebody who has been indicted with 286 separate counts related to the death of 224 people, 12 americans. in a crime that was committed 11 years ago. i think that the victims -- families of the victims involved have waited far too long for justice to be served. president jut lined a plan to bring -- the president outlined a plan to bring justice to this case and that's what he has done. >> reporter: if they are found not guilty -- >> let's discuss that if it comes to fruition. shannon: what was the jury thinking when they acquitted him

of the other 283 counts. so explain this for us legally. how does this jury -- we know there was one who was sort after soldout. that didn't happen. how do they convict on a single conspiracy charge that he put everybody in motion to bring about this bombing but not the murder charges >> it makes no sense. let's look at the law. conspiracy. if you and i talk about robbing a bank. that's it. we leave it at that. that's our first amendment ride to do that. but if we buy the ski mask and get the getaway car, and somehow we are thwarted, then we could be guilty of conspiracy but not the actual act of bank robbery. here the act went through. it happened. 224 people died and all he's convicted of is the conspiracy when the actual act occurred? so what it tells me is that in

that jury room there was such a division and probably with that one juror jr. where that juror was not going to vote on any conviction where they came together and said com compromisn a conspiracy. it's a real problem on appeal. if i were a defense lawyer on appeal i would say that verdict makes no sense because you can't say he's guilty after conspiracy if he's not guilty of what happened after the conspiracy was carried out, so the whole thing is thrown out shannon: i can see that's a big concern for a lot of people. short of him being completely cleared. this has to be the worst case scenario for prosecutors. >> we could go back to that question of mistrial when the one juror came out and said i already decided and i'm not going to change my mind. the judge said go back and deliberate some more. that could be an issue on afeel.

one thing could toss out that counts. from a prosecutor's point of view, other than losing completely. only to have one count to hang your hat on wet other charges that actually what happened through that conspiracy were -- where he was acquitted it's a nightmare from a prosecutor's standpoint. shannon: would you have wrather in this situation hat mistrial be declared and you start all over again, but if we are in this -- this is our theory at this point. one holdout kind of upended the rest of the jury, would it have been better in your mind to have in this trial and start clean? >> hind sights always 2020. when a mistrial was not declared. the prosecutor wasn't able to

present their case in full because so much of the evidence was excluded because of the intear gainterrogative methods. the problem with restarting is it would cost millions of dollars. but that's not taken issue on the table because of double jeopardy. you can't try the same guy for the same cries twice. shannon: now we wait for the sentencing phase. any thoughts on where it's going to go with a single conviction? view require's a federal minimum of 20 years. the jury didn't know that. the federal judge has to give at least 20 years. i think the judge will take the circumstances, the 224 dead into consideration. but that will be appealed. let's say the judge lives a life sentence. that's another issue for appeal.

shannon: thank you so much. for context and perspective on this guy's 20-year sentence. that's the same amount of time you would get for counterfeiting u.s.-backed currency with the intention of back it off as real. mailing threatening communication from a foreign country, and bank robbery. they are punishable for up to 20 years in prison. here we have 224 people who are dead.

shannon: sad news on a story we have been following. eight days after being reported missing, the bodies of a missing boy and two women have been found dead in ohio. they will hold a press conference at 4:00 eastern time to tell us more. we are told these folks who went mission last week, a mother and

her son and a family friend have been found dead. you will remember there was a 13-year-old girl involved here. she was found alive, bound and gagged in the basement of the suspect. we don't know all the connections of exactly what happened here. but the sheriff's office confirming those three individuals have been found dead. much more coming up on "studio b." new numbers on the jobs fronts. the number of people applying for unemployment near their lowest levels in two years. a seen it job market could be improving. the claims need to fall further to bring down the 9.6 unemployment rai rate. trace gallagher is live in our west coast newsroom.

>> reporter: your marriage is golden. this comes from the pew research center. it says the bottom line is you don't need wedding bells to have a family and four out of 10 americans believe marriage is obsolete which by the way is double what it was back in the 1970s. take a look at some of these numbers. 29% of kids under the age of 18 live with parents that are not married. that's five times higher than it was in 1960. 15% of those kids have parents that are divorced or separated. 14% of their parents were never married to begin with. marriage itself is also hit an all-time low. only 52% of adults 18 or over are now married. the reasons are because more people feel better about living together, and the other one is the economy that people are has he an-- theyare hesitant to geto long-term relationships because

they are not sure they will have a long-term job. here is the definition of fami family. and the same-sex couple with children. just so you know, around the thanksgiving table there will be an average of 12 people at every thanksgiving table across the country. just part of the study. shannon: that sounds like a good family gathering, a lot of love there. thank you very much, trace. a hero arrives home after serving overseas for a short visit. but not everyone knows he's coming. a soldier surprises his kids as the school. a story to warm your heart. get out the kleenex next. captioning made possible by fox news network call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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