martha: turns out that the facility sits in a wildlife refuge, and it's surrounded by a pool of water to suppress noise and protect the launch pad, but that might have been that little guy's last exciting ride. gregg: last ride for froggy. yeah. fried frogs legs. martha: that's bad. thank you, everybody. have a great weekend, we'll see you back here on monday. thanks,. gregg: jon: and we begin on this friday morning with a fox news alert on a fast-moving fire that leveled a new jersey boardwalk just recently rebuilt after superstorm sandy ripped it to shreds. firefighters still putting out hot spots in seaside park where one fire official says it looks like a bomb went off. a live report moments away. but first, right now brand new stories and breaking news. jenna: we're continuing to follow the devastating flooding in colorado where it looks like there's no end in sight at least

not anytime soon. we showed you in this yesterday. plus, wild weather caught on tape. what caused this dramatic show across a u.s. lake and where it happened. and a name you will probably remember, maaed din mccann. 3 -- madeleine mccann. disappeared in portugal back in 2007. now her mother is returning to that country and heading to court. we'll tell you why. it's all "happening now." ♪ ♪ jenna: well, now back to our top story, a boardwalk rebuilt after superstorm sandy leveled by a fast-moving fire. great to see you on this friday, everybody, i'm jenna lee. jon: one tragedy piled on top of another, it's just unbelievable. i'm jon scott. firefighters are still trying to control the hot spots in seaside park just a day after massive flames driven by strong winds reduced the newly-rebuilt boardwalk to smoldering rubble.

it devoured more than 30 businesses. rick leventhal live from seaside park, new jersey, right now. what's the situation there, rick? >> reporter: well, jon, governor chris christie just finished a news conference here. he talked about decades of memories being destroyed. you know, he grew up here in new jersey, spent a lot of summers here with his family including the funtown pier behind us. he said that the fire finished the job that sandy started. that pier destroyed, as you mentioned, along with at least 30 businesses here many seaside park and perhaps 15 or more just north of us in seaside heights. firefighters are now still here trying to contain the final hot spots. it has been 95 percent contained, in this fire, but there are still areas that nay need to -- they need to put water on, and tear doing that this morning. more than 400 firefighters here yesterday afternoon into last night with more than 70 trucks from all across the state battling this fast-moving, raging fire that consumed the boardwalk and consumed business

after business until they finally cut a path through the boardwalk and built sand dunes as a fire break creating a line that fire could not cross. here's more from the governor on his reaction to hearing what had happened here. >> i said to my staff, you know, i really feel like i'm going to throw up. how much more are people going to be expected to take? and it's an emotional toll that it puts on everyone. >> reporter: the governor says that we are tough, we stand together in a crisis, and he will do everything he can to try and get this place rebuilt as quickly as possible. jon: so what happens now? >> reporter: well, fire investigators are on scene, and they're treating this as a potential crime scene. they've asked anyone with any pictures or video from just before the fire started at coors frozen custard stand about 2:00 yesterday afternoon to share that with investigators. they're trying to preserve the ed and trying to determine what caused this fire. but it is a devastating scene as we heard from one of the lead

fire investigators last night. >> it's piles of rubble. it's piles of just char and debris. caved-in buildings, no walls, no roofs. it just looks like a bomb went off. >> reporter: really a very tough time for this community, jon, as you know. been through so much with sandy. they rebuilt in this boardwalk, they rebuilt these businesses, and now they're going to have to tear them down and do it all over again. jon: and ominous to think that this potentially could be a crime scene. i know they're not talking about the cause, but they're looking at a possibility. >> reporter: and they have to. they have to look at it that way. but there's been no indication that it was intentionally set. but certainly, that's a key focus for investigators here to try and determine what sparked the blaze and then take it from there. jon: very sad, whatever caused it. rick leventhal, thank you. jenna: we take you out to breaking news in colorado where severe flooding killed three people and is now forcing thousands to evacuate across the state. the governor wrapping up a news

conference moments ago urging people to stay off the flooded roads, some of which you're seeing on the screen. it's tough to foe what is actually a road and the river. boulder county, about a 45 minute drive northwest of denver, hit especially hard with rescuers struggling to save stranded drivers. we showed you this daring rescue yesterday on fox news where emergency workers saved this man. that man is said to be doing fine, but we're joined by someone who was there to witness this all, lafayette fire be chief jerry morell who is going to tell us about the latest on the ground. chief, what's the priority today? is how are things going? >> well, things are much better today. the rivers are at least in our area starting to recede. we are west -- excuse me, east of the mountains. so it's a little bit better with news for us. i don't think it's that much better news for the mountain communities. but certainly it's much better for us at this point. jenna: you mentioned the mountain communities.

we've had some reporting about the community of lyons being stranded almost in this terrible storm and flooding. do you have any information about whether or not emergency workers have been able to reach some of the stranded folks in some of the other areas? >> well, last i heard is the national guard is going to go in and try to evacuate 2,000 of the residents. jenna: wow. >> that was as of this morning. jenna: so that's ongoing. one of the things that we're watching is this moment of the rescue of this man in a car, and it's been reported a couple different ways. we just saw the car turn over, chief, but i was wondering if you could tell us a little bit about how this man got into this situation to begin with? >> well, there are really three cars. the video is really only showing one, but there ended up being three automobiles into the gorge, the little ravine right there. there should have been a road there, and as they were going to work, one followed the other, followed the other and so on,

and they all ended up in the river which is normally nothing but a little tiny, tiny little creek. so they all ended up in there. one person rescued himself, he was able to get out of the back of the car. we actually had to rescue two people out of two vehicles, the video that you're showing shows the last victim that was finally rescued. jenna: and you said at that moment which we just showed our viewers a few moments ago where the car turned over, where suddenly now that gentleman was upside down in the car, was a moment where you were just aghast watching it. >> oh, we were just, you know, we went from first going -- finding the car, getting on the car, there were thoughts the this person couldn't have survived, we're on top of the car, the firefighters are on top of the car, they hear the pounding, and we realize there is someone alive in that car. so we hook it up, we start to get the car uprighted, we

finally get it on its side, they have contact with the person inside, and then all of a sudden the car shifts, and it goes back on its top. and we were literally aghast. oh, my god, what has happened here. we thought we'd saved this person, and now it was going through our heads that possibly he was going to be, die because of this incident. but luckily, everything turned out great. we were able to get him out. he's actually doing really great other than being hype thermic from literally being trapped in that car for over an hour. it was a very positive outcome. jenna: unbelievable. speaks volumes about your team as well, chief. how are they doing? >> oh, they're doing great. and i just want to mention it was lafayette, west metro fire, departments coming together and doing what i believe is a fantastic job in saving lives. jenna: we were lucky enough to see that great outcome and the

tall element of your team. thank you for taking the time. we appreciate the update. wish you the best of luck is and look forward to talking to you again. thank you. >> thank you very much. jon: what a rescue, what a story. new info now on an attack on one of our consulates in afghanistan. taliban militants striking the facility with car bombs triggering a fire fight that killed two afghans. no americans inside the consulate were hurt. national security correspondent jennifer griffin is live from the pentagon now, so what happened there, jennifer? >> reporter: well, jon, it was a very dramatic attack. at 5:30 a.m. local time friday morning in afghanistan a vehicle packed with taliban attackers tried to storm through the front gate of the u.s. consulate in afghanistan. they were carrying rocket-propelled grenades, they tried to storm through the front. afghan security forces guarding the consulate stopped them. a fire fight ensued. two vehicles packed with

explosives blew up, one at the gate to the compound. all seven attackers were killed, some were wearing suicide bomb vests. state department spokesman marie hart issued the following statement, quote: >> r eporter: at least one afghan was killed. overall, a dramatic attack but not successful, we're told. the two vehicles that exploded did not breach the perimeter, jon. jon: but that's not normally the kind of place where this kind of attack happens. >> reporter: very unusual. herat is normally a quiet place of the country, western part of afghanistan, and it's close to the iranian border. it has been quiet, but it is interesting that the taliban chose that location, and there is a great deal of iranian influence in that part of afghanistan. so still more questions, but

likely the taliban thought that was a soft target and that they could pull off something like we saw in benghazi a year ago. jon: yeah. every september 11th we're going to be worrying about that kind of thing, or so it seems. jennifer griffin, thank you. jenna: unsettling news for passengers. a new report showing an upting in close calls -- uptick in close calls in the skies. the number of near accidents between aircraft in u.s. air space more than doubling last year. but the faa actually says this may be a sign of progress when it comes to air traffic safety. we're going to have to talk more about that. molly henneberg is live in washington, i'm sure some reviewers and maybe present company included are nervous travelers. what can you tell us about this spike? >> reporter: jenna, this is a look at how many times planes flew too close to each other in the sky, specifically that means when planes are within three miles of each other horizontally when they're near an airport. so for the fiscal year 2012,

there were 4,394 such incidents. and, look, that's more than double the 2011 number, 1,895 incidents. and that's what's so eye catching. as you look further down the numbers, 2010 and 2011 were pretty close in number, but they were both higher than 2009. that's when the faa implemented new rules making it easier for air traffic controllers to report such incidents. but to be clear, these are not collisions. these are incidents where the planes were too close to each other in the sky. certainly, this is something the faa cares about and wants to fix, but the faa also points out that there were 132,500,000 take ahs and landings in -- takes and landings in 2012 which means 99.97% of all air flights occurred without incident. jenna: there's actually more reporting being cone that these -- done that these incidents are happening, but why

are we seeing an increase at all? >> reporter: yeah, two reasons. air traffic controllers are freer now to report incidents without worrying about professional retribution. but more than that, new technology, new radar systems fully operational in 2012 that automatically track and report when planes get too close. and captain sean cassidy from the airline pie -- pilots' association says, quote: >> r eporter: or maybe up there. still, the faa says its new report is, you know, it's trying to find out why this is happening and take steps to stop it. jenna? jenna: interesting for all of us, molly. consider the context, as you point out. thank you very much. jon: the participants of miss -- parents of missing british girl madeleine mccann have filed a lawsuit against a former portuguese police chief.

why they say he actually hurt the search for tear daughter, coming up. and stunning accusations from one lawmaker who says he knows why the investigation into the benghazi terror attacks has stalled. the search for their daughter, ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup. surprisingly bold flavor for a strong bag that grips the can... ♪ get glad forceflex. small change, big difference.

jon: right now new information on some crime stories we're keeping an eye on. a montana newlywed has been released from jail while she awaits a murder trial in the death of her brand new husband. jordan graham accused of pushing 25-year-old cody johnson off a cliff in july. they had been married just eight days. madeleine mccann's parents are suing a former police chief who wrote a book claiming they were involved in their daughter's disappearance. 3-year-old madeleine vanished in portugal in 2007. and four people were found shot to death in a car in eastern tennessee yesterday. police are still now trying to identify the victims and possible suspects.

jenna: well, a stunning new claim from house intel committee chairman mike rogers who says the reason the investigation into the benghazi terror attacks appears stalled is because the obama administration wants to treat it like a criminal proceeding and bring all of the accused into a federal courtroom. catherine herridge is live in washington with more on this story. so, run, what's the latest on this? >> reporter: well, jenna, good morning. the head of the house intelligence committee who was briefed on the status of the investigation this week tells fox news that the administration's determination to prosecute the suspects in criminal court, also referred to as article iii courts with access to defense attorneys, has thrown up roadblocks. >> i think the treating this like a criminal event and using this article iii which is, you know, what an american citizen would go through with all the rights of the constitution, i just think, i don't know how anyone could come to the conclusion that hasn't slowed it down. >> reporter: and rogers says

there's overwhelming frustration expressed by federal investigators who did not get access to this crime scene. you're seeing some new photos of the aftermath until nearly three weeks after the fact adding that identifying and questioning witnesses is a virtually impossible standard to meet. the libyan government, according to the outgoing fbi director, he told pox that it was too -- fox it was too unstable to offer the u.s. the kind of support it needs for such a complex international case, jenna. jenna: are there other options also being explored here besides this criminal proceeding? >>we asked the congressman whetr the benghazi case was ultimately a kill or capture situation, and rogers says there is evidence that the suspects remain on the battlefield and active within their terrorist organizations. these are the images of the suspects that were released by the fbi in may, and the congressman says there is virtually no discussion of picking up the men and bringing them to guantanamo bay for detention and interrogation, in part because the obama administration has renewed its

push to close the military detention camp in cuba before the end of the president's second term. >> on the bringing them to justice, this has been a slow and painful process. there is a lot of concern, and i have some of this, that we have not laid all the options on the table for finding these individuals and then bringing them to justice. >> reporter: and rogers says in this isn't simply a partisan issue, this is the kind of frustration with the delays being felt by all members of the house intelligence committee, jenna. jenna: at this time last year we were trying to put together the pieces of what happened in benghazi on september 11th, and we're still, we're still trying to do that. catherine, thank you. >> reporter: you're welcome. jon: very high stakes in geneva where secretary of state john kerry is meeting with his russian counterpart over how to remove syria's chemical weapons. we have the latest from that meeting. and mother nature puts on a dramatic show. we'll tell you where this happened, coming up. what makes your family smile?

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jon: a me r move he says makes the president look weak and will diminish u.s. prestige in the world. monica crowley, what do you think about what professor maurice si had to say? >> i agree with his assessment. president obama's made a hash of syrian policy if you could even call it a policy, and the objective of his speech this

week was essentially to try to clarify what he meant so not just the mesh people and the -- american people and the congress understood what he meant, but so that our adversaries would understand as well. instead, instead of clarifying and building support, his speech actually had the opposite effect. when you look at poll numbers now among the american people, about 70% do not want to see a military strike against syria. when you look at congress, it's more deeply divided than ever and, in fact, you have more and more members of congress now commit today a no vote on a syria strike, and internationally he is absolutely right, our prestige -- which was already at a low ebb -- is now even worse, in worse position than ever before, and the piece of evidence of that is vladimir putin's essay yesterday in the "new york times." jon: i was struck when i saw that essay by the opening line. he wrote: recent events surrounding syria have prompted me to speak directly to the american people and their political leaders. it is important to do so at a time of insufficient communication between our societies.

isn't that a dig at the fact that the president canceled that summit over the edward snowden affair? >> well, i'll tell you one thing, president nixon used to say that during the cold war the problem between the united states and the soviet union wasn't that we didn't understand each other or didn't communicate, it was that we understood each other very well, and our systems were so incredibly different that there was no reconciling the two ideologies and national interests. and in this case it's the same thing, jon. the russians know exactly where obama is coming from. they have run circles around him since he became president, and certainly this last episode has allowed vladimir putin to run the entire board on syria. jon: so now vladimir putin rides into the rescue and looks like the world leader who has a grasp of affairs and with his say so can make the syrians give up their weapons -- >> the peacemaker. jon: -- calm down the middle east -- >> yeah. jon: -- and throw cold water on a raging fire.

>> what about the irony that the old, top kgb guy is now perceived as peacemaker, right? the russians have been shut out of the middle east since the 1970 rs thanks to president nixon. barack obama's incredible incompetence on syria has allowed the russians another foothold into the region and positions vladimir putin as dominant player in the region. so now they are running the show not just in syria, but with the iranians who they're also arming, they've helped the iranians with tear nuclear weapons program, they will continue to do that. so now the russians are essentially running the global chessboard because the american commander in chief has checked out. jon: so you think putin is schooling this president on, well, on world affairs? >> well, in ways. and, in fact, that op-ed in "the new york times," essentially, putin is controlling america right now. our influence, our power and our prestige is an ined criminal my -- incredibly low ebb,

probably worse off than we were under jimmy carter, and that's saying something. jon: and americans' satisfaction with the president's handling of the syrian crisis -- >> and remember after the assassination of usama bin laden, that was barack obama's one sort of shining point among polls. people didn't approve of his handling of the economy, foreign policy was it for him and now even that's sliding. jon: monica crowley, thank you. >> pleasure. jenna: fox news obtaining classified fbi documents that suggests the government tried to recruit american-born radical cleric app war al-awlaki as an aid in the war on terror. the full story, the details next on that. plus, you were talking a little bit about the politics surrounding what's happening with syria. there's also this question, how will the united states work out a deal to disarm syria's chemical weapons? we're hearing about some movements overseas. we'll bring you those headlines. we'll also is ask ask the question if a deal is reached, at what cost to u.s. credibility

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plus, you'll get benefits that reward your driving record. like our promise that you won't be dropped. wait, you won't drop me? seriously? that's right, you won't be dropped. i'm gonna call. if you're 50 or over call now to request your free quote. i'm calling. i'm calling! call now to request your free quote and we'll send you a free calculator. call today and make the switch to the aarp auto insurance program from the hartford. jenna: well american-been r born radical muslim cleric, anwar al-awlaki was killed in a drone missile strike in yemen back in 2011 but before that happened, and before he became the first american targeted for death, some new classified documents reviewed by fox news show that the fbi actually tried to recruit him, make him an asset to the war on terror. doug mckelway is live in washington with more on this. so, doug, this is quite a

different story than what we've been told about al-awlaki in the past. why are we just learning about this now? >> reporter: sure seems to be a very, very different story, jenna. these documents obtained by judicial watch through a freedom of information request, before anwar al-awlaki was killed in the missile strike in yemen they had numerous contacts. protected him in some ways and surveiled him i should say for years. >> tracking him through washington, d.c.'s metro system to the front doors of the pentagon where they broke off the surveillance and he went in and had a high-level meeting with pentagon officials there. >> reporter: that meeting occurred just months after the 9/11 attack on the pentagon. hard to believe, but high-level pentagon firms listened to a speech by anwar al-awlaki about muslim outreach at the pentagon even as al-awlaki was under surveillance by the fbi and imam at a mosque in fall's church, virginia, some analysts

characterized as a terrorist factory. the mosque is where some of the 9/11 coconspirators worshipped. also where major nidal hasan, the fort hood shooter worshiped while stationed in washington. it is believed where hasan cultivated his views from tutelage of al-awlaki. in testimony, on august 1st of 2012, then fbi director mueller denied any knowledge of that. >> what i'm telling you is, i am not personally familiar with any effort to recrew anwar al-awlaki as an asset. that does not mean to say that there was not an effort at some level of the bureau or, another agency to do so. >> reporter: in a letter to fbi director james comey, congressman frank wolf and peter king say this new information from this freedom of information act request merits additional explanation, jenna. jenna: you showed some of that interview that catherine herridge had with bob mueller of

the fbi. it is his exit interview, pardon me. >> reporter: yeah. jenna: she did a lot of reporting on this as well, catherine herridge. you mention ad speech that anwar al-awlaki gave in the pentagon. there are tidbits and meal how the whole thing was set up you will share now. >> reporter: it is interesting the luncheon for al-awlaki's speech at pentagon included all things, smoked ham and bacon sandwiches. as you know pork is considered unclean in the muslim religion. somebody at the pentagon made a very, very big mistake and needed muslim outreach, or, somebody wanted to send a very strong message of protest to al-awlaki. jenna? jenna: we'll let our viewers decide what they think that was. doug, thank you. >> reporter: you bet. jon: right now, secretary of state john kerry holding his second day of talks with his russian counterpart over how to remove and destroy syria's chemical weapons. secretary kerry made a statement just a short time ago calling the talks productive and saying that the u.s. and russia will

meet again on syria late they are month. let's talk about the prospects here with kt mcfarland, fox news national security analyst. the secretary of state is saying, kt, that the military option remains on the table and he suggests that it was only the credible use of force or the threat of the credible use of force from the obama administration that brought the russians and the syrians to the bargaining table. what do you think about all that. >> well i think that gave the russians an opportunity to seize the initiative. what i think is happened is president obama put himself in a box to talk about a syrian strike that the american people don't want, that is unlikely to succeed. so what happened is that putin threw him a lifeline to say, here's your way out. well that lifeline has come at a very high price as we're seeing in geneva and we'll see two weeks from now in new york when they meet again. what's that price? russia now will become the dominant power in the middle east. has been the united states for

the last 40 years. it will not going forward be russia. the russia is the only country that can deliver the destruction of the chemical weapons in syria, but, jon, what i think is really important to look at the next two or three steps down the road. what is likely to happen as a result of russia being the dominant power in the middle east? something nobody noticed this last week with all the diplomatic flury the russians will meet with the new iranian president and apparently what the russians are going to do offer to deliver to him something called the s-300. it is a state of the art missile defense system. once iran has that it will become unvulnerable to any kind of israeli attack. if you step it down the road what it means iran will basically, unless the united states stops them, iran will be a nuclear weapons state. if you look again next step down the road, what is likely likely to demand? that israel give up its nuclear weapons which it doesn't claim it has but everyone knows it

has. what i think will happen in the next several weeks and down the road, war in the middle east, arab, israeli war in the middle east will become far more likely than it ever has before. we have had 40 years of peace. i think that is about to come to an end. jon: all of this triggered in part over this one chemical weapons attack or the use of chemical weapons by bashar assad? >> yeah. because look what the russians have demanded and certainly in that "new york times" editorial which is not an editorial. it's propaganda. what they seem to have demanded is a couple of things. one, if there is a deal with sir i can't think united states has to foreswear any kind of an attack against syria. what the syrians have come out and said as well, if we agree to a deal, israel has to give up its nuclear weapons. what they have already talked about as i said is iranians, iranians will be able to have this missile defense system to make themselves invulnerable. there are real consequences. but the biggest consequence of all of this, again, looking down

the road, several years down the road, is that russia combined with the arab oil-producing states is the majority of the world's exported oil. if russia is the dominant power in the middle east, russia in concert with these arab oil-producing states really has its ability to control the world economy through the world's energy. and it is so unnecessary, jon! jon: one of the ironies here a president who was swept into office in large part on his opposition to the iraq war, who won the nobel peace prize early in his administration is now saying that only the threat of force, the credible use of basically an act of war is what's bringing the syrians to the peace talks? >> and i think he is the president who is likely to, by the time leaves office, leave office with maybe a nuclear iran and nuclear middle east, or even another arab-israeli war in the middle east. so he is not a peacemaker.

he is a man who gone against president reagan's dictum, only through strength that we keep peace. when we look weak we invite aggression. jon: truss by verify reagan said about the soviets. we'll see if anyone verifies what the russians are up to these days. thank you, kt mcfarland. >> thank you, jon. jenna: five years ago this sunday a big bank collapsed, lehman brothers. you remember that? where are we today? more charges are to come related to financial crisis. is it too little too late? our legal panel weighs in on that. remarkable sight over lake michigan. twin waterspouts coming together to create a giant sort trex. we'll explain what caused this coming up and apple crisp back for a limited time. see? you really do call the shots. ♪ yoplait. it is so good.

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we're live in boston on that. this is no longer an excuse to exercise, jon scott. you better listen up to this. more americans are taking care of business and their bodies exactly the at the same time. you will talk to dr. samadi about that. one thrill seeker daring attempts to go across the atlantic carried by hundreds of helium balloons. find out how he made out on this incredible voyage. jon: check out this video. twin waterspouts caught on camera in wisconsin. this was the seen over lake michigan yesterday. the national weather service, saying warmer lake temperatures, and very cold air, higher up, created the right conditions for the funnels to form. they did not reach land, thankfully or do any damage but wow, what a picture, huh? jenna: quite a sight. maybe that is metaphor about the next segment of the financial crisis, what do you think? leads into that. jon: there you go. jenna: this sunday marks five years to the day that investment bank lehman brothers filed for

bankruptcy. that collapse of that one bank triggered a crucial moment in the financial meltdown and very tonous moments about whether or not our banking system would survive. five years later many questions about whether or not we're safer and if we truly got to the bottom of the cause and the culprits remain. the attorney general says he plans to announce some new cases connected to the financial crisis in the coming months. the question, is it too little too late at this point? fred tecce, a former federal prosecutor and robert heim, former assistant regional director of the u.s. securities & exchange commission in new york city. great to have you both. robert, what about that, this is your expertise in the sec. is it too little to late to bring charges? >> i think so. we're looking five years after the financial crisis and the thing that jumps out at me there has been no real criminal cases brought against any senior level banking executives at the companies that were responsible for the crisis. even though there has been a lot of evidence of fraud in

connection with the financial products that were offered in terms of mortgage origination, selling these types of products to investors. so it's really i think a big question mark as to why more criminal cases have not been brought against senior executives. that is really the only thing that seems to deter the serious wrongdoing. jenna: fred, let's talk a little bit about responsibility because at this point looking back it is easy and we hear the conversation about the big banks being the problem but in the midst of the crisis there was this realization that everyone had a role. you know, it wasn't just the big banks. it was consumers that took out too much credit or knew they couldn't paid or lied on their application and the government wasn't enforcing laws already in place or creating new ones to keep us safer. if we were to charge more people criminally, are there just too many people to blame? >> well, first of all a couple of things. you're absolutely right, jenna, it was kind of a perfect storm that resulted in this crisis or this meltdown and what i've done white-collar cases and i prosecuted people and our

justice system the way it works is, it is not like captain smith who went down with the titanic because he happened to be the captain that day. in order to criminally prosecute a upper level executive you have to have direct evidence or some type of evidence that he was knowingly involved or knew about what was going on and either fostered it or encouraged it. look at thing with steve cohen and sac capital. the feds have tried and tried and tried yet to indict him personally for a guy whose fingers were clearly on "the pulse." the question you haven't seen number level people are not getting indicted because there isn't evidence directly tying them to criminal activity. just because five years have gone doesn't mean criminal charges can not be brought under a conspiracy theory. jenna: let's ask robert a little bit that because he worked on inside, connecting the dots, the top office to the trader on the floor is it just too challenging to connect the dots and at that point is there really a positive

side to going after some of these ceos that are now no longer in those positions anymore? >> i think with the passage of time that raises a lot of questions but certainly there are challenges in the department of justice has said repeatedly they're going to follow the evidence and the evidence in their view was just not there to charge the senior executives but when you look at the private litigation, class action litigation, and even the bankruptcy examiner's report in the lehman brothers bankruptcy, you do see quite a bit of evidence of senior people, at least becoming involved and we don't know at this point what the department of justice has uncovered in terms of interviews or documents, but i think it leaves a lot of people really wondering whether the regulators are being aggressive enough and whether our markets are being honest enough because the successful workings of the financial markets are very important for companies to thrive and to hire people and it affects everybody. jenna: apparently we have another person on the panel. whoever is on the loud speaker

in the one of the studios. i apologize you guys. is it your fault, fred? always your fault. you're always the troublemaker in all of this, fred? >> i know. i know. so what's your point? jenna: that we really enjoy having you on the program. it is not a distraction at all. but, fred, based on -- >> saved by the bell. jenna: based on what robert has to say what is really the path forward? as far as looking to make the system more secure for all of us which we would hope would be the point, is this where we should invest the time and energy? >> well, i think it should be kind of a multifaceted approach, jenna. i think going forward for a lof of different reasons i think the market will correct itself. people will not bundle up toxic paper and try to sell them off as bond. purchasers are not as motivated to do that because there's other returns and investment. these crediting agencies will not make the mistakes they made. i also think you have increased government regulation. i hear what robert is saying. i worked with the sec when i was prosecutor. they would come to us and say we

need to you follow the evidence and we would. our justice department isn't being bashful here. how many cases have they filed against jpmorgan in the last six months? if the evidence is there the justice department will go there. i think combination of regulatory action by sec, criminal action by the justice department and market forces and a change in atmosphere will avoid a crisis in the future. jenna: we'll see what is the future and talk a little more about that next hour with charlie gasparino about the new shadow banking industry that seems to have emerged in the last couple years. robert, fred, look forward to having you both back. jon: we've seen a rash of major sinkholes across the country. maybe that is where all the lehman brothers money went. the massive craters proving extremely dangerous, even deadly sometimes. we're live in florida with an inside look with some guys whose job it is to clean up the mets and fill up the holes.

jenna: seems like every few weeks we're learning of another major sinkhole somewhere in the united states. you may remember this incident back in may in pike'sville, maryland, where a water main break spelled disaster for this driver. the entire car was swallowed up there in maryland. just last week another water main break created a giant hole on a indianapolis roadway. the jeep unable to avoid crashing into the hole. fortunately emergency crews were able to retrieve the vehicle in that incident. who could forget the tragic death after florida man whose entire bedroom sunk into a hole when the ground suddenly opened up. these are a few terrifying examples what can happen anywhere. sinkhole repair companies say business is booming, especially in sinkhole alley. that's where we find our

steve harrigan with more. steve? >> reporter: jenna, that bedroom where jeff bush disappeared behind me or was right behind me. it is rare that sinkholes are deadly in florida, cleaning them up is becoming big business. a 30-foot-crater opened up fast enough to bury bush alive. his brother tried and failed to save him. >> i ran in there all i could see was this big hole and all i see was the tops of his bed. i didn't see nothing else. i jumped into the hole and tried to dig him out. i couldn't get him. i thought he could hear him screaming and hollering for me and i couldn't do nothing. >> reporter: lre ground services has 25 crew as day at work in west central florida, known as sinkhole alley where limestone erodes in part due to a declining water table and increased construction. >> nobody cares about a sinkhole that opens up in a farm field but if it opens up in a residential neighborhood you can bet people are paying attention.

>> reporter: most sinkholes lack drama. doors or windows begin to stick and grout, pumped into the foundation. price tag for an average job? $75,000. but when a dramatic crater does open like the one that caused the evacuation of dozens of tourists from a disney area resort this summer, for the sinkhole repairmen, it means a major spike in business. >> when you see those sinkholes in the news, our phone is ringing off the hook. >> reporter: not everyone can afford that sinkhole repair. some of the neighbors here come out and said they would like to have their houses check, but even checking would cost $5,000. jenna? jenna: steve harrigan, live in florida. steve, thank you. jon: well "the new york times" coming under fire in washington for having published a scathing op-ed piece by the presidenttof russia, vladmir putin. coming up we'll break down the paper's decision. plus, an entire town in colorado now being evacuated as floodwaters surge.

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only flood insurance covers floods. ♪ visit floodsmart.gov/pretend to learn your risk. jon: a fox news alert, and a devastating scene continues in colorado this hour. some now-deadly flash floods are splitting major cities like boulder almost down the middle forcing many residents to head to higher ground. record rainfalls leaving at least three people dead who were caught in the floods, more than a dozen others still unaccounted for, and it's apparently coming down so fast that some folks had to be rescued from their cars despite their best efforts to stay dry. >> coming home the water wasn't as deep, but the try that was trying to block the road because, apparently, to be water was coming up, he had his lights on, so i tried to pull over like the good samaritan, and the car

stalled. well, actually at first, no, and then it got higher. then the cars were coming through, then the car would with rock, and i thought, okay, if i open door, all the water's going to come in, so i didn't want to open the door. that's why my family came to rescue me and, apparently, so did the fire department, wonderful fire department that they are, we're good. jon: at least she can smile about it. a lot of people are in tears right now. alicia acuna is live in boulder, colorado. >> reporter: hi, jon. and the colorado department of transportation has now shut down interstate 25 all the way to the wyoming border, and that's quite a big deal because that's the corridor between the two states. and that's because the big thompson river has overflowed its banks so much that it is now running over the interstate n. 1976 the big thompson needed so much that it killed 143 people, and now the level of the river is actually beyond what it was

back many 1976. -- in 1976. you mentioned there are entire communities that are cut off. the town of lyons, 2,000 people, is under hand tear evacuation -- mandatory advantage wakes, however, they can't get out of there, and rescuers can't get to them. so the national guard is going in with 14 high profile vehicles to try to get those folks out of that town because the roads are all washed out. emergency officials here many colorado are telling people, stay off the roads, and the governor is telling people to stay out of the water. >> most of our injuries often in these types of disasters, fatalities occur with people trying to walk through, get from their car, walk through what looks like maybe a foot or two feet of water, looks harmless. you've got to recognize that this water is filled with debris and sand, and it is almost like liquid cement. >> reporter: it also has sewage running through it.

so folks really shouldn't be walking through it. we've been seeing people do that since we got here yesterday. i'm smack dab in the middle of boulder, colorado. this is the boulder creek running underneath the library here. jon, if you've been here, you know this actually isn't a raging river normally, but it has really overtaken this entire part of the city and has really cut things off throughout the area of boulder. last night the sirens started to run pretty late in the evening. they had about 4,000 people, the announcement came that they had to get to higher ground. water coming through here, there was a shift in the debris, it was an emergency situation. people are safe from what we heard from emergency officials earlier today is that 17 people are unaccounted for at in this time. three people are dead, one person officially missing, but 17 people unaccounted for as more rain is still in the forecast. jon? jon: i was there for the big thompson flood back in the '70s. it was absolutely horrifying and so sudden. this flood looks just as bad,

but at least, you know, not as bad in terms of the loss of life,al eau those missing people, that's really scary. alicia, thank you. jenna: well, developing stories and breaking news now. not much progress to report a as the secretary of state meets with russia's foreign minister saying solutions to crisis in syria is possible, it just depends on the outcome of some of these talks. james rosen will tell us the latest. also, some surprising opposition to the president's health care plan as the a once of major ally describes it as disruptive. and tom hanks has just inspired allegations of jury tampering in real life. ♪ ♪ pennsylvania pennsylvania well, a tense meeting between the u.s. and russia as the two nations try to hammer out a road map for syria. hi, everybody, i'm jenna lee,

welcome to brand new hour of "happening now." jon: wouldn't you like to be a fly on the wall at those meetings and find out what the, what's being said inside that room? i'm jon scott. both sides are still at loggerheads. secretary of state john kerry and his russian counterpart talking for a second day in geneva. the immediate goal, to secure syria's chemical weapons and avoid a u.s. military strike. meanwhile, the resumption of peace talks to end the civil war in syria could be riding on the outcome here. >> i will say on behalf of the united states that president obama is deeply committed to a negotiated solution with respect to syria. and we know that russia is likewise. jon: right now the cia has begun delivering arms to syrian rebels, but some rebels are complaining it's not enough to make any real difference. as for syria's president, he says he will not surrender his chemical weapons unless the u.s.

stops threatening to launch a military strike. james rosen is live in geneva with the secretary of state. james? >> reporter: jon and jenna, good afternoon from geneva. day two of the u.s./russia talks here, and while both diplomats are being fairly tight-lipped, there was at least one small sign of a lessening of tensions. secretary of state can kerry and sergey lavrov met with brahimi, the arab league envoy. all parties pledged to work towards a second peace conference for the two-year conflict. that would be called geneva ii. secretary kerry made clear what washington sees as the more urgent priority. >> we've both agreed to do that homework and meet again in new york around the time of the u.n. general assembly around the 28th in order to see if it's possible

then to find a date for that conference, much of which will, obviously, depend on the capacity to have success here in the next day, hours, days on the subject of the chemical weapons. >> reporter: syrian president bashar al assad if he were watching would have heard kerry say, quote, both sides in the conflict are contributing to the death toll and the humanitarian catastrophe in syria. assad's ally in these talks, foreign minister lavrov, is pressing for syria to have more time to declare its chemical weapons stockpiles. >> now that the assad government joins the chemical weapons convention, we have to engage our professionals together with the chemical weapons prohibition organization together with the united nations to design a road which would make sure that this

issue is resolved quickly, professionally, as soon as practical. >> reporter: now, yesterday secretary kerry when he spoke alongside foreign minister lavrov raised some eyebrows when he said that if syria does not dismantle its chemical weapons arsenal, there ought to be consequences. for some eyes and ears, that was a bit soft. and so later in the day the state department issued a readout of the meetings between the secretary and the foreign minister, and that word "ought" was changed to must be consequences. this is the kind of thing diplomats pay attention to, but so far we still seem to be deadlocked. jon? jon james rosen in yes neva, thank you. jenna: well, think about the importance of word choice as we move to this next story. a lack of trust between the united states and russia on full display in geneva, even during a light-hearted moment between secretary kerry and his russian

counterpart. here they are at the end of a news conference yesterday. >> can you give me the last part of the translation, please? hello. >> it was -- [inaudible] don't worry. [laughter] >> you want me to take your word for it? it's a little early for that. [laughter] >> okay. jenna: well, there you go. a different story back in 2009 when president obama wanted to push the reset button with russia. here's former secretary of state hillary clinton with russia's foreign minister back then. remember this? >> we want to reset our relationship -- >> [inaudible] >> we will do it together, okay? [laughter] jenna: where did that thing go? i'm sure somewhere. in the corner somewhere? that was four and a half years ago, ironic these deliberations are happening in the same hotel today. marvin kalb is a former moderator for meet the press,

he's also a fox news contributor. marvin, it's tough to know what's actually happening inside the rooms. so let's move to a separate question. what's at stake here? >> i think there are two large issues for the russians. let me start with them first. the russians since the early 1970s have not been major players in the middle east. the syrian crisis gives the russians an opportunity to move back into the middle east as a major player challenging the united states, and i think the russians have succeeded in that respect. the second major issue for the russians is to keep islamic radicals out of southern russia. that is a nightmare for most russian leaders. they fear that the extremists now fighting in syria against president assad may have an opportunity if they are victorious to come into southern russia and reignite islamic

fervor and fanaticism, and every russian nationalist for 200 years now has wanted to stop that from happening. that's essentially what's on putin's mind. jenna: let me ask you a little bit about this editorial. again, going back to the stakes. and it's interesting, as you mapped out, what's at stake for russia. here's what one editorialist in "the new york times" had to say in an article titled "an anchor in this world." he says this: principle backed by credible force made the united states the anchor of global security since 1945 and set hundreds of millions of people free. obama has deferred to a growing isolationism. his wavering has looked like acquiescence to a global power shift. marvin, do you think we're witnessing that shift, and is iter irreversible? >> no, i don't think anything is irreversible in global diplomacy, but there definitely has been a shift. and many more countries in the world today tend to have less regard for the uses of american

power. and the fact is, many people in the united states equally have less regard for the uses of american power, and that is why president obama is having such difficulty rallying congressional support for a military strike against syria. that is the central issue in geneva right now, in my opinion. that there is a timetable that is tight as far as the u.s. is concerned. they don't want to begin a geneva conference and let it go on for weeks and weeks and months. we heard secretary kerry say we're talking in terms of hours and days. the russians are asking for a lot of time, the americans feel the need to crack down on time so that it can still take military action against syria. but right now the american position has been weakened by a very clever russian/syrian effort to sort of isolate the united states. jenna: well, and --

>> it doesn't sound right, but it may be the case. jenna: we were just taking a look at gallup poll that was asking the question about whether or not americans trust the government to handle international affairs, and it's quite startling when you see the change from 2001, 83% of the government trusted the government to handle international problems, now it's at 49%. certainly, a lot of different lawmakers equally from both parties have responsibility for that. it's not just a single moment. but when we go back again to the questions of the stakes, do you believe that our credibility is on the line here as much as some are saying it is? >> well, there's no question that it's on the line because the president has been out front seeking a kind of cooperation for an american military strike against syria. he has not got that. one of the reasons that 83% that you mentioned before, i think, was after 9/11. and after 9/11 i'm surprised that it was not 90%.

but really since the early 1970s in the u.s. there has been a reduction in the amount a of public support of federal government that started with nixon and watergate and then the vietnam war, and it has gone steadily downhill with the occasional blip up and down. but that is a continuing pattern which makes it extremely difficult for the united states to conduct global diplomacy. jenna: marvin, it's great to have you on the program. some really big questions are coming up in this one particular scenario, so we appreciate your insight as always, sir. thank you very much. >> thank you. jon: some new court action to tell you about in the the boston marathon bombing case. three friends of the surviving suspect go before a judge facing some serious charges. a live report on that next. plus, the president's health care plan running into more turbulence with a push to delay its implementation for a year. who's behind it, and how will it all play out in washington and

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jon: "happening now," a major court e in the boston marathon bombing case coming nearly five months to the day since the horrific attack that killed three people and injured more than 260 others. three friends of suspect dzhokhar tsarnaev are facing a federal judge on charges they hindered the investigation after the bombing. molly line is streaming live from outside the federal courthouse in boston. so what have you heard so far, molly? >> reporter: well, jon, all three of these men have appeared in front of a court before, but what's occurred here is a grand jury has been working, and now there's an do you want -- indictment that makes all three of these cases one case. two men were arraigned a little

more than ab hour ago, and they both pled not guilty, accused of lying to authorities, charged with conspiracy to obstruct justice. an interesting note, one of them also slated to be arraigned today, that won't happen until this afternoon. his attorney was delayed, a tree across the tracks, and now that's been rescheduled for later today. what's essentially being alleged is all three friends went to tsarnaev's dorm room and that a backpack carrying some fireworks shells and laptop were removed, and ultimately, that backpack ended up in a landfill. right now the grand jury continues to work, and in court today there was a considerable amount of family presence for all three of these men. a lot of family members there today to support them. jon? jon: and that'ller lin tsarnaev's in-laws actually spoke to the grand jury? >> reporter: yeah. i confirmed through a family attorney earlier this morning that just yesterday his in-laws, judy and warren russell who were

the parents of katherine russell who, of course, was married to that'ller lin tsarnaev, his widow now, testified before the grand jury. the family attorney says they knew absolutely nothing about this bombing, and they continue to cooperate and that katherine russell, who has not testified before the grand jury, he says she also has been cooperating and having, quote, many meetings with the government and continues to as things move forward. jon? jon: a lot of questions yet about the widow there. all right, thanks very much, molly line, in boston. jenna: well, a growing health trend could help you shed points in some of your -- pounds in your least act it moments. kind of like now. jon: we could do this on the set. jenna: i think we should, right? the idea of working out while you're actually working is continuing to catch on. how more and more people are jumping on this trend, how you can do it, what you should consider. also, the president meeting with u.s. labor leaders today after one of america's biggest unions slams his health care plan as highly disruptive.

with less than a month until the official rollout. what is the next move for law lawmakers? we'll discuss it coming up. [ male announcer ] the biggest news in breakfast is actually tiny. new kellogg's raisin bran® with omega 3 from flax seeds. plus plump juicy raisins. flax seed? who are you? i still got it. [ male announcer ] invest in your heart health with kellogg's raisin bran® cereals. geothe last thing i want iswho doesnto feel like someone is giving me a sales pih, [ male announcer ] invest in your heart health especially when it comes to my investments. you want a broker you can trust. a lot of guys at the other firms seemed more focused on selling than their clients. that's why i stopped working at my old brokerage

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jon: right now on capitol hill, the latest effort to block funding for the health care law going down in defeat. democrats say the republican strategy would lead to a government shutdown or default. conservatives, though, see an upside to continuing the battle. >> i really think what we need to do and what the people want us to do is republicans control the house. people are realistic. we know we can't win every battle up here, but we should use that leverage to try to make obamacare less bad. there are so many unintended consequences of this bill, it's going to be a disaster for the country. the president, even though it's his baby, should delay the whole thing for a year, and we should

study it if this bill gets implemented. jon: meanwhile, president obama plans to meet face to face with labor leaders who are demanding changes in the health care law. among other things, they are pushing for a deal the give their members extra health care subsidies. andrea tantaros is a co-ohs of "the five," also a columnist for the new york daily muse, and what an irony. i mean, it was the unions who helped get this thing passed. >> help in this story is rich because the unions were the first ones at the table. they pushed for the sweetest deals for their members, and this is the issue with unions. i can understand them wanting the best deals, i get it. but don't mandate that everybody else follow this law only to then ask for carveouts for your people. that's not fair. that's why people are so angry. jon: and we talked about this yesterday, congress managed to get a carveout for itself, i mean, after passing a requirement that congress would have to live under the affordable care act, then today

found a way to get the federal government, the federal treasury to pay for it. >> yeah. we're seeing the people that pushed for the bill wanting to be exempted, the people who passed the bill wanting to be exempted, and now we see the people who are going to be enforcing the bill like danny werfel, the irs chief, wants to be exempted. that's why people are furious. jon: yeah. i remember the comment president obama made when he said i have very good health care. he has a physician following him around 24/7 in case there's a problem. let's get back to the union situation. so they are asking to be exempted from a number of the most, what they find onerous parts of this bill? >> their argument is, look, he delayed it -- he, being president obama -- for businesses, why not delay it for us? here's the problem, jon, it should be delayed. rand paul is right, interminably. all of things coming down the pike are really going to be awful for businesses,

individual, and from a policy perspective. i don't see how you can delay the employer mandate but still keep the individual mandate intact. jon: well, we're already seeing, i mean, a lot of businesses are turning to part-time jobs, you know? offering part-time jobs instead of full time because that way their health care costs remain hoe. >> and that's affecting the unions as well. they never expected that many of their employees would be relegated to part-time status. so this has been bad for everybody. so rand paul, again, the republicans are right to push for a delay. however, the defunding of obamacare really or worries me, because right now democrats own this thing. and it is bad. and i agree, look, you should try everything to stop it, but obama can fund it on his own. and in the 1990s we saw what happened when today shut down the government -- when they shut down the government. republicans are not skilled enough to message one. they've got to win elections in order to fix obamacare. they should run against it in the 2014 midterms, i anticipate they will, gain seats in the

senate and then we'll fix this thing. jon: andrea tantaros, thank you. >> thank, jon. jenna: well, the wheels of justice come to a grinding halt during a trial in which tom hanks is serving on the jury. the fox has the 411 on this bizarre story. also, the russian president talking directly to the american people by "the new york times." why did the newspaper publish his op-ed piece? what about all that? we're going to grow in depth coming -- go in depth coming up on that decision. ( bell rings ) they remind me so much of my grandkids.

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jon: one of america's most prominent newspapers giving a forum to russian president vladimir putin in which he warned there would be devastating consequences if america carried out a military strike on syria. putin writing in that op-ed in "the new york times" yesterday. in that piece he also took president obama to task for calling america exceptional in his tuesday night speech. so why did "the new york times" publish this? judith miller is a pulitzer prize-winning investigative reporter and author, she also worked at the times for a time. kirsten powers is a columnist for the daily beast, both are fox news contributors. so, judy, based on your experience at the gray lady how

did this all come about? was there a three a.m. phone call to the editorial board in which vladimir putin said, hey, i've got this great piece, i'd like you to run it? >> well, we do know that the pr firm of kevin channel which has earned approximately $50 million from vladimir putin's russia since it was hired to improve his image in 2006 offered in this to the new york times, and because "the new york times" is not foolish and understands news when it sees it, immediately grabbed it and put it on the page. the new york times believes in the first amendment. putin had something to say, and, in fact, it accounted for 11% of all traffic the day that it ran at "the new york times." jon: wow. so from a pr standpoint, certainly a smart move, i suppose. what about from a journalistic standpoint, kirsten? >> you know, i had mixed feelings about it, but i ultimately came down on the side

of i think it was right for them to publish it. the readers are savvy enough, i think, to realize that putin has his own perspective and that everything that they publish isn't necessarily something that they agree with or that every fact in every op-ed that they publish is necessarily accurate. so, you know, in the end i think it was the right thing to do. jon: daniel henninger is a frequent guest of this program. he, of course, works and writes for "the wall street journal." we asked him what he thought about this and wanted to bring you his thoughts. he said: while i doubt we -- meaning the journal -- would have published that a piece, that particular piece, my thinking about the times is that a month ago they would not have published such pathetic propaganda either. but after obama accepted putin's offer, he effectively elevated putin to co-equal status with the u.s. president. he gave putin and lavrov, the russian equivalent of secretary of state, a seat at the table. what do you think about that, judy? >> well, i have the greatest respect for dan, but i really

disagree with him on this one. this was an easy one. this is the president of a country who has just bailed obama out of the limb that he had climbed out on. [laughter] this is a mixing of metaphors, but i have to say that this is a man who had something to say to the american people. the point of an op-ed page is to have that kind of debate and to spark that kind of debate. and mr. henninger's own paper does the same thing. they publish many things with which they disagree. what i think the great sin of an op-ed page is to be really boring. now, what i would have done is i would have liked to have seen putin, a photograph of him or a drawing shirtless, on his horse riding, fishing accompanying that editorial. but perhaps they'll do that some other time. but of course it was right to print it. jon: all right, but aren't we subjecting americans to some russian prop began da here -- propaganda here, kirsten? >> you know, honestly, i think that a lot of the op-ed pages in

this country frequently publish things that could be considered propaganda of a certain side. so whether it's conservative or liberal. i frequently read things and feel like my head's going to explode. [laughter] often by very many well known columnists in this country. so i think we have to be open to the idea of hearing what at least, look, what putin is selling, right? it doesn't mean aha we take him at face value or we think that he's an honest person, it just means that this is the narrative that he's selling, and tsa an interesting thing -- that's an interesting thing. unlike his country, we have freedom of the media and the press, and we can debate this and talk about it like we are right now. jon: "the new york post" editorial board put out what i think is a very clever rewrite of vladimir putin's editorial. it's in "the new york post" today and available online, so our viewers may want to check that out too at the few newyork

post.com. judy, kirsten, thank you. jenna: well, the fox 411 now, a brand new lawyer on the scene reportedly tanking a domestic violence case because of a famous face on the jury. it might not be what you think. julie banderas is here with more. >> reporter: we can all get a little star struck every once in a while, but if you're a lawyer in criminal court, a little bit of advice. if one of your jurors is a celebrity, it's not the time to star gaze. a rookie lawyer who according to tmz blew a domestic violence case after approaching one of the jurors gushing about how amazing he was. the juror, tom hanks. >> she made contact with mr. hanks in the stairwell of the building, and she came up to him and said that she thanked him and that how impressed everyone is that such a celebrity would still be here and serving jury duty. so she, in essence, was just

being maybe a little star struck and nice, but as i already heard two minutes ago, it's an absolute, 100% no-no and should never have happened. >> reporter: and when the judge found out, well, the case fell apart. the 31-year-old woman is reportedly part of a controversial volunteer program in the l.a. attorney's off which allowed unpaid lawyers to work for one year to get experience trying real cases. unfortunately, her handling of this real case resulted in jury tampering, and the defendant struck a plea deal. as for tom hanks, well, he says he was just there to serve justice. unfortunately in this case, justice was not served. the defendant who has been charged with domestic violence and faced up to a year in jail was instead only fines $150. a real shame. it's interesting, though, because it almost seems like there are interns covering real cases. if you're a defendant, you don't want an unpaid attorney in charge of your destiny. jenna: what a shame. and i always feel bad for tom

hanks who was trying to do the right thing by going to be part of this jury -- >> i myself would be impressed as well, but if i'm the lawyer -- i'm not a lawyer, i know better. jenna: come on, julie, you don't get star struck. [laughter] >> reporter: tom hanks? well, jon scott -- jon: i was on a grand jury for a long time, and nobody cared. jenna: i doubt that, jon. i doubt it. [laughter] julie, thank you. jon: hats off to tom hanks for doing his civic duty. jenna: too bad about the case though. jon: a dramatic rescue caught on tape. a toddler and an adult pulled alive from a massive sink hole, tell you where this happened. and a new trend at work. americans squeezing in a little exercise while on the job. we're going to tell you a little bit more about that, and jenna's going to bring in her balance ball -- jenna: it's if my office right now. the days you need it, jon, i've got it ready to go. wisest kid in the whole world?

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jenna: well, a dramatic rescue unfolds at a high school football practice field after a 2-year-old girl ran out onto that field, and she was trapped for more than an hour when she fell down an 18-foot sink hole. the football coach in louisville, kentucky, actually eased himself down the hole to comfort the girl until they could both be rescued. that coach reportedly feeling the earth move beneath his feet while they waited to be pulled out. the two were taken to the hospital as a precough, but some -- precaution, but some scary moments for, certainly, the coach and everyone watching football practice that day. jon: wow. i guess her mom was nearby. ♪ ♪ jon: here's a trend that's becoming popular among americans, a new report finds that more people are working out while at work pushing back from their desks, standing, walking on treadmills, each giving up their cushy office chairs in favor of those giant exercise

balls, and, yes, i have seen it. jenna lee has one of these things in her office. jenna: i don't use it all the time. jon: no. jenna: but it's there all the time. jon: i have one, i haven't even inflated it yet. on the phone, dr. earnest patty, a member of the fox news medical a-team. so sitting at your desk all day not such a good idea, dr. patty. >> good afternoon, jon and jenna. we all know common sense tells us if you don't move it, you lose it, right? so you've got to keep moving to stay in good health, and it's definitely a more popular trend today. i personally do a lot of stretching, get up from the desk and go out into the hall. our hallway here at the hospital we actually have a table that you can lay down on and stretch on. and it's a great thing to do, you know, a couple times during the day. jon: so something like a treadmill, kind of an expensive piece of equipment to bring into

the office, but does it really help that much to just kind of stroll as you're dictating or, you know, on the phone, whatever you're doing? >> definitely. what it does is it increases your heart rate, and that in turn increases your metabolic rate which forces your body to use more calories. so instead of just sitting down where your body goes into a sort of hibernation state or a low power state where you're not burning much energy, if you're gently walking on the treadmill while you're doing work, you're pushing your metabolic rate up and effectively burning more calories and keeping your cardiovascular system in a higher state of fitness than normal. jon: so those exercise balls like the one jenna lee uses to show you off with -- jenna: come on, jon. cut me a break here. >> they're helpful as well. i would caution people, though, they're great to keep your core strength going, and it forces your muscles to, you know, remain taut and keeps your back straight and your posture better

because you need to use automatically different muscle groups to sit on those balls. you can't just relax away. it definitely helps strengthen your core. but i would caution some people if you're not used to using it, don't just bring one to work and start sitting on it because you might lose your balance -- jon: you ever get people coming in who have fallen off their exercise ball or tripped on the treadmill at work? >> definitely off the treadmill. i have treated some people who have fallen off the treadmill, and it's usually because they, you know, they just got them as a gift at christmas or a birthday and they are not familiar with the safety equipment on it and, you know, accidentally fall off and hit their nothing begin. so, yes, it does happen. go ahead, i'm sorry. jon: i really did buy one of those thing, and i really have not inflated it yet -- jenna: believe it when we see it, jon. come on. jon: they're kind of $60 or $80, they're not exactly cheap, but i

guess it's a fairly inexpensive investment -- >> it definitely is. it works well for your core. it really is good for your back, your posture, your overall health and stretching. remember, stretching does keep your body limber, and that cuts down on injuries that you may get if you don't take the time to stretch. jon: i'm looking at my co-anchor's posture. i'm slumped over in the chair, and she is the, you know, the icon of posture perfection. jenna: except for that hip surgery i had about three weeks ago that's forcing me to have better posture at this time. that's the risk of activity, doc, right? you've got to put out a little bit sometimes. >> it is, like we always say, everything in moderation. maybe the next time we do an interview, we should all sit on the exercise balls and see who falls off first, huh? jon: sounds like a great idea. >> jenna's going to winker jon. you and i are going to wind up on the ground. we have an exercise group here that walks the stairs, that's also an easy, inexpensive way to cut down on, you know, taking

the elevator and increasing your fitness. and one of our administrative people runs a zumba class after hours for the employees. even just taking the stairs one or two flights a day helps. jon: unfortunately, our offices are on the 17th floor -- >> yeah. you could walk down a couple floors, that does help. jon: dr. patti, good to talk to you. jenna: exercise ball today, you can do the zumba classes next week. i can see you doing that too. jon: you're not going to see we many class, okay? jenna: a devastating fire in an area hit hard by superstorm sandy. a second dose of tragedy for the jersey shore. what a story that is. also, five years after america's massive financial collapse, some experts say u.s. banks are making the same mistakes as before, that there's this new shadow banking industry. charlie gasparino, he's pretty fit, jon, he'd beat us all. jon: i have seen charlie in the gym. jenna: he tells us what he thinks banks are doing that are

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jenna: talking a little bit about the economy now, a new trend reportedly on the rise among u.s. banks just a few years after the mortgage crisis that surrounded the entire moment that we all experienced five years ago to the day on sunday. a big question about whether or not we're making some of the same mistakes as before and whether or not there's a brand new shadow banking industry out there that could be the cause of concern. charlie gasparino is a senior correspondent with fox business, and that term shadow banking is, well, it's scary to hear. what is shadow banking?

>> well, it means bank do sufficient off their balance sheet that is not readily transparent to regulators or even the general public. jenna: so in their accounting, it's not necessarily accounted for. >> the regulars don't see it. it's side loans, they set up subsidiaries. enron had whole shadow corporation what they financed themself concern where they fitnessed themself off balance sheet, and the company blew up. shadow banking's probably not a good thing. some of it is good because it helps provide some sort of credit, people can borrow money more readily, but the real problems are too big to fail. we haveless banks that are more risky and very big, and they're still protected by the government. and the fed printing money. and we have policies that encourage stupid things. we still have policies that encourage buying homes. i'm not saying it's a bad thing, but the government shouldn't be encouraging it. fed printing money, low interest rates, encouraging certain behaviors and, you know, that's when you have a problem.

that's when shadow banking becomes a problem. jenna: let's talk about the lehman brothers collapse because, again, it's been five years. >> i was in front of lehman brothers reporting minute by minute. jenna: and you remember people coming out with their boxes full of supplies just walking out thinking what am i going to do next. it was a very scary moment, it was also a moment we saw a lot of big mergers -- >> forced mergers. and no one would buy lehman, that was one of the issues. jenna: but why is it now that the banks are now bigger than they were before? >> well, what happened was i believe they should have broken up the banks -- jenna: the government should have? >> at the time. they had an opportunity to do it. when you bail them out, the banks lose their right to veto stuff, and they should have made them a lot smaller. if lehman just went under, it wouldn't have been a big thing. the economy could have handled lehman, but what happened is it set off this chain reaction because other people had risk related to lehman's risk, and it set off a chain throughout the banking system. that imperilled citibank which

is a huge bank. that would have blown up the economy. bank of america, and maybe goldman sachs and jpmorgan. jenna: let's say one of the big banksous there,ed that slow danking, something -- shadow banking, something comes up that causes their foundation to rumble. will we still have the same chain effect? >> yes, we will. banks have more capital now, more cushion to take blows. jpmorgan had the, quote, london whale loss, but it still had $20 billion on its balance sheet. in a few years from now, something else is going to come up, and that's when we really have the problem, when the regulators take their eyes -- people still remember the financial crisis. everybody's on guard. it's when people are off guard, and that's going to happen, it always does. that's the history of financial crisis. you want a lehman to fail without spreading so much systemic risk. jenna: that's why we wanted to talk about it. we can't forget it actually happened. charlie, thank you. appreciate it very much.

jon: up next, one kauai takes a page from an animated movie attaching hundreds of colorful balloons to a float and lifting into the sky for a 2500-mile journey over the ocean. we'll tell you more about his add adventure after the break. i love to eat. i love hanging out with my friends.

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all right a dare devil's attempt to soar over the atlantic comes up short. johnathon trap of north korea filled 300 multicoloredellium ballons and tide them to a small boat and lifted off from maryland. he wanted to be the first person going over the ocean lifted by ballons. but 12