the review written by the new york times, john broder who drove from washington to boston. review not so good. driving in cold weather he claimed the battery drained more quickly and drive more slowly and turn down the climate control and had to call the tow company when the car he says died. and the ceo fired back at the review. >> we have the vehicle which have-- do not realize this is a tesla owned vehicle and the log shows when he says he was doing 54 miles per hour, he was actually doing 80 miles per hour. when he says that he turned off the heat off, he actually had the heat blasting at 74 degrees, the press has been tremendously positive, but writing one more article that reaffirms that doesn't get any, any attention, but writing an article with a picture of a car on a flatbed. that gets attention. >> jon: that's the point he was trying to make. and tesla says it has the proof ap the times is standing its story. >> i think we need to have an independent third party to understand the data and make sure that everything was correctly in the car and possible something wa

the times lied after providing a review of the electric car, insisting the story is not a fake, john brodere was not directed by anyone at tesla to top off the battery. and another major shareholder, dell's second largest outside investor says the deal under values the computer maker after dell's largest outside investor said it could wo do all it can to block the sale. the nasdaq lower on the day, shares of apple and since beingo weighing on your silicon valley index, twitter as well. twitter and american express teeming up to allow people to purchase item was a hash tag. users can sync their accounts but... they can then buy certain items by adding a protect to their tweet tweet. users can get a $25 gift card, and more products will be offered tomorrow. larry, carolyn, back to you. >> following breaking news now in the east bay. sky ever over el captain drive where a student was hit by a car. >> this is around 3:00 in the afternoon as classes were letting out for the day. >> spencer christian is here now. >> once getting to thursday and friday we're going to seeq- more dramatic increase

let's set the stage with this picture that ran in "the new york times" showing reporter john broder as his model s that he was test driving, it ran out of battery power well short of its destination as he was driving it from washington, d.c. up to new york. he wrote in the review it didn't follow -- didn't reach the expectations. and when we ran this story on "street signs," elon musk called in a short time later saying they didn't follow the instructions for the test drive. >> we explicitly said that to do this trip he needs to make sure he's fully charged when he starts up, that he doesn't take detours, and that he drives at a reasonable speed. i'm not talking about, you know, some ridiculously low speed. i'm talking about, you know, at least not too far above the speed limit. and none of those three things were done. >> elon musk earlier on the can b. "the new york times" responded to our request for comment. it says the times article on february 11th recounting a reporter's test drive in a tesla model s was completely factual describing the trip in detail exactly as it occurred. an

that's coming from john broder who did the review. he also says in his article that he just posted this afternoon that the model "s" was charged to 90% when he did the test drive. the long detour referred to was actually two miles according to mr. broder and he drove 100 miles at 55 miles per hour, well below the speed limit. take a look at shares of tesla. rea minder that they will be posting an update on their blog so this war of words between tesla and the "new york times" continues. >> thanks very much. the pressure continues across the chord on the bank. one bank, barclays, has announced a restructuring inside. >> reporter: shareholders for since month have been angling for a breakup at barclays, should be sitting pretty, shares rising 9% on the backs of an extensive restructuring, laying off people and cutting 7.7 billion in share. barclays took time look are for investment strategies, which to exit and which to grow. roe at 18% is the majority of its targets and 12 also. with reentire of the whole group. that is tied to that go

on sunday "new york times" reporter john broder did an article, a test drive in a tesla.rt of the test drive, seeing how far the range is of that vehicle between washington and new york the vehicle stalled. it lost power completely. had to be towed. "the new york times" says the model range in cold weather fell well short of expectations. elon musk says the reporter john broder, he didn't follow instructions. >> we explicitly said that to do this trip he needs to make sure he's fully charged when he starts out. that he doesn't take detours. and that he drives at a reasonable speed. i'm not talking about, you know, some ridiculously low speed. i'm talking about, you know, at least not too far above the speed limit. and numbers three things were done. just like if you had a gasoline car. if you only filled the tank up partway and instead of driving to your destination you meandered through downtown manhattan and through all the traffic, and everything, and then raced to where you were originally supposed to go and you ran out of gas, people would just think you're a fool. >

john broder said listen, i went as far as i was told was necessary according to the people at tesla.s there. and the other issue is he took a slight detour when he got to manhattan, and tesla is saying listen, you didn't drive straight to your destination. you took a detour which adds some miles on there. so ultimately, what people are looking at, they're saying if i get into the model "s," or any electric car, what is my range going to be? do i definitely have 285 miles, as tesla says? the fact of the matter is, it depends on a number of conditions. it depends on how cold it is. today it's about 38 degrees out here. that's not going to have a huge impact in terms of draining the battery. how much do you use for heating the car, the environment inside of the cabin? how heavy is it? all of those factor in. so, that's an epa rating of 285 miles. the next leg, becky, is 203 miles from here after we charge up over the next hour. >> it takes a full hour? >> you have to wait for a full hour. what are you going to do for the next hour? i mean are you at a shopping mall? they set this thing

out between electric carmaker tesla motors and "the new york times," this after times reporter john broderve review of his experience of a test drive of the tesla motors s. they claim his reporting was inaccurate, charging, quote "when the facts didn't suit his opinion he simply changed the facts." a times spokesperson tells foxnews.com our story was fair and accurate. we are in the process of reviewing the specific claims in tesla's blog post and we will respond to those when that review is complete. let's talk about this unusual public spat with judith miller, a pulitzer prize prize winning investigative reporter and author. kirsten powers is a editor for the daily beast. and both are fox news contributors. >> i know something about the chrysler corporation. i believe this is a tempest in a tesl afrpblgts you have a, you have a e sai he said he said. you have a reporter at "the new york times" with a solid reputation, and we have to get to the bottom of the facts. right now we just have a set of allegations. i do think it's interesting that broder said that elan mas called him before the