jeffrey rosen, let me start with you. what cases caught your eye? what are you looking out for this term? >> the big question is which roberts court are we going to look at this year. is it the unanimous roberts court which we saw last year which saw the highest rate of anonymity,e anonymity and of course it's too soon to tell but there are a bunch of cases that might cause the justices to divide sharply. we'll see for the first time since the 2010 census and redistricting that followed whether or not districts created for the benefits of minorities violate the constitution or the voting rights act. there are very sharp disagreements among the justices on that question. you did mention fascinating free speech and religious freedom cases those are case where is the justices tend to be aligned in terms of creating religious exceptions including the sikh prisoner who wanted to wear a beard. that facebook privacy case, whether the guy who wrote the very threatening and frightening things on his facebook he had to have sub just to harm her or as he said,

rosen will be here. and then miller on ebola.unch of other stuff that may amuse you because we need some levity tonight. we hope you stay tuned to those reports. >>> washington beat segment tonight there is new data about the senate races out today. as you know democrats are in danger of losing the senate which would put president obama in a very bad place should that happen. fnc correspondent james rosen and carl cameron. what's the headline today, cammeron. what's going on in these races? >> well, probably democrats getting desperate. we have been out to a bunch of these battleground states, bill. voters are ticked off and turned off. a pew research poll says only 15% of the country is paying attention to this election. for majority in incumbents that is terrible. six of the most vulnerable democratic senators are in red states won by mitt romney in 2012. by double digits in every single one of them what's worse for the left. polls show about 6% of americans think the country is on the wrong track. most are blames the president

>> i think about the subpoena to the fox reporter, rosen. >> well, this morning the fox reporter rosen responds to that stunning admission by our top law officer. >> can't wait to meet that rosen guy. and the husband of a democratic candidate caught red handed. >> those aren't your signs. >> there's no -- >> there's no what. >> there's no name on this sign. >> yes there are. right here. property of the republican party. >> the rest of that tape and the name on those signs straight ahead because mornings are better with friends. unless you're that guy. >> hey, you're watching fox and friends. bam! boom! >> welcome aboard folks live in studio e. it's fox and friends. we got anna with us. >> good morning everybody. >> glad to have you. we have enough enemies in this world. it's amazing how we're talking about our friends. you would think we would save verbiage like this for our enemies. according to a senior obama administration benjamin netanyahu is chicken blank. you talk about tensions between our best ally maybe on the planet but in the middle east where does that come from? >> it's s

rosen will be here. and then miller on ebola. a bunch of other stuff that may amuse you because we need some levity tonight. we hope you stay tuned to those reports. ♪ [safety beeping] ♪ [safety beeping] ♪ [safety beeping] ♪ the nissan rogue, with safety shield technologies. the only thing left to fear is your imagination. ♪ nissan. innovation that excites. what's in a can of del monte green beans? ( ♪ ) grown in america. picked and packed at the peak of ripeness. with no artificial ingredients. del monte. bursting with life. with no artificial ingredients. an unprecedented program arting busithat partners businesses with universities across the state. for better access to talent, cutting edge research, and state of the art facilities. and you pay no taxes for ten years. from biotech in brooklyn, to next gen energy in binghamton, to manufacturing in buffalo... startup-ny has new businesses popping up across the state. see how startup-ny can help your business grow at startup.ny.gov i thought "so what?", but now "cai can't stop pl

rosen will be here. and then miller on ebola.other stuff that may amuse you because we need some levity tonight. we hope you stay tuned to those reports. out for a bike ri i didn't think i'd have a heart attack. but i did. i'm mike, and i'm very much alive. now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. i had tried to do it in the past.ng with chantix. i hadn't been successful. quitting smoking this time was different because i talked to my doctor and i... . . . . . . . cht. . . . . . . . . . . . the fact that it reduced the urge to smoke helped me get that confidence that i could do it. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mo

and we're also joined by jeffrey rosen, the legal affairs editor and the president and c.e.o. national constitution center. well, summarize the case for justice ginsburg stepping down for us. >> in march of this year, i read an op-ed in the "los angeles times" urging justice ginsburg to step down at the end of the term, which was this past july. i said that's the only way she could be sure that someone with her views and values would take place on the court. if the republicans take the senate in november, president obama picks a successor, i'm greatly concerned. if a republican wins the presidency in 2016, a conservative would then be taking her place. >> brown: so jeffrey rosen, it's a kind of political strategy motive i guess. what's your response? >> well, i asked justice ginsburg what her response was to the calls that she resign, and she said she responded to academics who called for her resignation, "who better than i could get through the senate right now?" her position is justices in the past have resigned because of ill health or because they literally wanted to go hi

cammeron and rosen upcoming.ma and secretary of state kerry even try to get sergeant tahmooressi released from the mexican prison? the boys are next. >>> thanks for staying with us, i'm bill o'reilly in the washington beat segment tonight, did president obama and secretary of state john kerry even try to get sergeant andrew tahmooressi released from a mexican prison. last week i spoke with the sergeant's mother. >> john kerry, have you spoken to him, secretary of state? >> never, i knew that he raised the issue, which i believe andrew was very much of grave concern. he raised the issue may 21st. i have not heard from the executive level, no. >> he should have given you a call, that's for sure. >> all right. joining us from washington, ace reporters carl cameron and james rosen. all right, rosen, kerry first, has he done anything? >> look, first, we want to begin obviously by saying that we feel for the tahmooressi family and the sergeant himself. it may be the case that there is a misconception about the mission

. >> i think about the sustain to the fox reporter, rosen. he was labeled as a co conspirator.ad to do that as a result of the statute. there are ways that could have been done differently, done better. >> holder of course referring to a 2010 search warrant seeking rosen's e-mails. at the time the justice department was investigating who leaked information in a series of reports by rosen in 2009 about north korea's nuclear weapons program. rose enwas never charged. in response he says this, i consider myself blessed to have an employer on fox news and a boss in roger ails who stood by me and enabled me to remain focused on what it meant to me. first rate journalism. the attorney general's latest comments about my case like previous remarks scarcely address the relevant facts of his conduct. >> it could be rainy or even snowy for some people but in other parts of the country it will be bone dry and nice. >> maria molina is tracking all of that for you plus your travel forecast. >> we are going to have a big variety of weather going on as we head into the end of the workweek. i w

james rosen. mccaul calling for additional ebola screenings at two texas airports, during a field hearing that took place at the dallas-ft. worth international airport. newark's jfk set to begin screening passengers beginning tomorrow. these additional screening measures expanding to four other airports next week. dulles, newark, o'hare and atlanta. and my first guest tonight says the obama administration's plan has too many holes and needs to be expanded. i'm joined by congressman blake farrenthal. good to have you with us. something pitifully askew when you have a hearing at the dallas-ft. worth airport which is where patient zero arrived ultimately from liberia and then died. how could they leave that airport out of it. >> well, they say that 95% of the folks come through the five airports. but i think, with ebola, you need to get 100% of the folks. whether it's expanding the program to more airports or only funneling people from the west african countries who have ebola through the airports. e

carl cameron and from washington james rosen. rosen, tell me about this new iran u.n.rt. >> well, bill, this is a report compiled by the u.n. special enjoy for human rights in iran who fines that in the last 13 months close to 900 people including rape victims and minors. this all-time high and reached under the so-called moderate president who effectively lets the hardliners in iran run the criminal justice system so he has the political cover he needs within his own system to pursue nuke lag diplomacy in the west which the mullahs and ground core frown upon. the u.s. has said very little about the worsening record since this or the was introduced. includes torture, electroshock, torture, flawings and burns. because they have reached a de facto detente with each other as my colleague at the "wall street journal" jay solomon reports. >> tell me about the detaunt. there was the article in the "wall street journal" as we referenced are we getting friendly with them because of isis? is that what it is? i are partially correct. commonality of interest. combating isis, ensu

not just the obama administration snooping on colleague james rosen or "new york times" reporter james refinery it's secrecy. what the obama administration doesn't want you to know what you should know. just ask jill abramson, she had the courage to speak out early when it was unpopular to call it like it is. now susan page saying this about the obama administration. >> my big fear is that this administration has been more restrictive and more challenging to the press, more dangerous to the press really than any administration in american his in terms of legal investigations and so on. and i think access to the white house has just gotten worse and worse. >> more danger to the press? yeah, i know, no boo who for the press. you don't feel sorry for us in the press and i don't blame you. you might want to stop and think if the obama administration is dangerous to the press. that means it's dangerous to you. the press is the only way you learn about what the administration is doing or not doing. whether it be the irs scandal or dropped balls when it comes to ebola. if this administration

a question about whether he had do overs. >> i think that about the subpoena to the fox reporter, rosen. i think that -- i could have been a little more careful in looking at language that was contained in filing of the report, he was named as a coconspirate or, it could have been done better. lou: or perhaps not at all, one problem with attorney general's regrets that there is now a suspicion that obama justice department bugged investigator reporter sheryl at i di at -- an son as well. >> and do what you can for us. we're coming right back. stay with us. >> most millennials have a belly full of man they once helped send to the white house, twice. architect of george w. bush's two presidential campaign victories, karl rove on this shiftining electoral forces and likely outcome. next. lou: so-called millennials turning on the democratic party in a new harvard institute of politics poll, 51% of 18-29-year-olds, now prefer a republican, led congress. 47% in favor of a democratic congress, that is a massive shift in favor of republicans, since 2010, when 55% of millennialsy from pered pref

james rosen from the white house. new reports on the u.s.itary efforts to fight a bola in west africa. according to the daily beast, those in the hot zone are only given four hours of training before they come back to fight the epidemic. but worse, 500 of the soldiers have been held up in liberian hotels while the military is building infrastructure on the ground. the number of troops going to west africa is expected to climb to 4000 within the coming weeks. turning now to the war on terror and the islamic state, kurdish officials in kobani tonight claimed the radical islamist terrorists are in retreat. u.s. officials estimate nearly 400 islamic state terrorists have been killed since the campaign began a month ago. senior foreign affairs correspondent on the turkey syria border with our report. >> has this been stopped? fighting continued between isis and the kurdish defenders but it was still down. sure is still hold 20% or more of the town, some claim that the militants are in retreat. if they are, it is in part because of this. the u.s.

chief washington continue james rosen looks back. >> ben bradlee's career spanned over half a century, that allowed him to chronicle -- born in boston in 1921, bradlee attended harvard university. bradley joined the "washington post" in 1948 when it was still a local paper, with president kennedy, a fellow harvard alum. bradlee sailed. the first of two, in 1975. >> one thing he always said think of objectivity, think of fairness. >> in june of 1991, 7,000 pages of classified documents. when the "washington post" and other newspapers began posting their own selections to ---in a landmark ruling t u.s. supreme court allowed the presses to start back up making bradley and post publisher catherine -- and the post a national pub kraig. >> if you transformed that newspaper into one of the finest in the world. >> in june 1972, five -- were arrested while wiretapping democratic national headquarters over -- two young post reporters called bernstein and bob woodward helped expose the crimes that triggered the president's resignation. their collaboration, was overseen by bradlee. >> there were

to throw "new york times" reporter james risen in jail, and went through the phone records of james rosen as well as associated press reporters suddenly seems disinterested in finding out who attacked netanyahu. >> you have gone after reporters again and again in this administration. when it comes to insulting the prime minister, you don't seem to care who leaked it. >> i don't think that's an accurate reflection of the administration's policy and certainly not an accurate refleckation of the prime minister of israel. >> in fact attorney general eridge holder today acknowledged an overreach in the holden case, when asked how ideas formed about a decision he wishes he could do over. >> i think about the subpoena to the fox reporter, rosen, i think that i could have been a little more careful in looking at the language that was contained in the filing that we made with the court. >> as for israel, that coward remark was anonymous officials claimed netanyahu is too scared to go forward with an attack on iran. the u.s. believes it can cut a nuclear deal. net tanyahu has simple -- ed henry, li

she's patty rosen, a nurse practice shoern.he asiftd her daughter's death when no laws were on the books. she risked years in prison doing so. she said her daughter was in extreme pain. cancer had dissolved her bones and she joins me now. patty, i want to say i know today, particularly marks exactly 28 years to the day of your daughter's death so thank you so much for taking the time with me. i really appreciate it. >> well, you're welcome. i'm so glad you're covering this. that's the first time i've seen a clip much brittany talking about ending her life. and, of course, she wants to try to figure this out day-by-day. if not hour by hour. she's feeling good. she's got some joy. isn't that what life is all about. but isn't life also about being able to control your suffering at the end of your life and i don't care how old you are for that, isn't that our right to control our suffering? oh, i'm so proud of brittany. i mean it's like you go girl. tell the world what my daughter could not because it was a felony. >> let me ask yo

rosen is okay. they can send him any time they want. you're doing your job., i would have done the same thing. i have to say. as a long time journalist. >> everybody who says nice things about me, i always say, i think every other reporter that i know would do the same thing. >> a lot of corruption in the press right now but any reporter who's honest you have to protect your sources. >> right. >> good luck with the book. we appreciate you coming on. >> thanks very much. >>> megan kelly on the boston marathon terror bomber's new defense strategy. defense strategy. >>> and then if you're suffering from constipation or irregularity, powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets. ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, for relief you can count on. dulcolax, for relief you can count on. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to

rosen is okay. they can send him any time they want. you're doing your job.re you, i would have done the same thing. i have to say. as a long time journalist. >> everybody who says nice things about me, i always say, i think every other reporter that i know would do the same thing. >> a lot of corruption in the press right now but any reporter who's honest you have to protect your sources. >> right. >> good luck with the book. we appreciate you coming on. >> thanks very much. >>> megan kelly on the boston marathon terror bomber's new defense strategy. >>> and then watters on columbus day. er reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. . . . . . . . . >>> thanks for staying with us. kelly file segment tonight, does president obama play too much golf? but first, the defense of accused boston marathon terror bomber dzhokhar statsarnaev. here's some new stuff out. the brother, just to recap, older brother dead. p

alex castellanos, hilary rosen, thanks to you both. i appreciate it.room, twitter has become the latest tech giant to take on the u.s. laurie siegel is here with more. >> we have more about that coming up after the break. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com. not to be focusing, again, on my moderate my goal was to finally get in shape. to severe chronic plaque psoriasis. so i finally made a decision to talk to my dermatologist about humira. humira works inside my body to target and help block a specific source of inflammation that contributes to my symptoms. in clinical trials, most adults with moderate to severe plaque psoriasis saw 75% skin clearance on humira. and the majority of people were clear or almost clear in just 4 months. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, includ

win rosen at age 78 i'm the single dad of an autistic especially less than boy and a thanks to spark we've been sleeping better i have one kidney meaning the one kidney i have does the work for two i get up three and four times a night to pee i took western medications forget it they're not working i take a tonnage of a cigar two takes before i go to sleepy go to sleep and i'm alive and not sleeping and falling apart i get a good nights sleep and especially for my child he started having seizure we went through medications from sfaifrt and the side effects were bad so all the side effects one time 83 he came home his face was wloen up issue i didn't took four days to go to the hospital till he got off it he's now on it's fourth work of medical cannabis no side effects and also he used to get 20 or 40 seizure once every four weeks and one seizure a day no side effects and also let me make one more comment if i may he is you autistic and when he goes to school he's alert thanks to sparks thank you for hearing me out. >> thank you. next speaker. >> good afternoon, commissioners my name

james rosen looks at a south dakota race that is now drawing national interest and national money.but we begin with chief congressional correspondent mike emanuel on the ground in wichita, kansas, tonight. hi, mike. >> reporter: bret, good evening. nobody thought red state kansas would be on the list in 2014, but after a sluggish start, incumbent pat roberts has come back swinging. >> we're going to win this race because when people find out that my opponent is not an independent, but in fact a liberal democrat, it's over. >> reporter: with less than four weeks to go, roberts is all about defining his opponent, arguing that greg orman is no independent. >> he's trying to nail his position, like trying to nail jell-o on the wall. first he says, well, if the republicans were in the majority, i'd be a republican. if the democrats were in the majority, i'd be a democrat. >> reporter: there are signs the attacks are working, with roberts taking a five-point lead in the latest fox poll after he's trailed in other surveys. orman is a wealthy businessman whose aides ignored our request for

our own james rosen whose e-mails and those of his family were accessed without anybody at fox or rosen it. now in those cases there was a warrant, although it wasn't disclosed publicly until later. >> it was affirmatively represented not to be the case by eric holder. >> exactly. i think the administration pulled back from these tactics because of storm of credit sim from journalists like susan page of the "usa today." >> i want the audience to hear that soundbite for themselves. let's pay susan page. >> this administration has been more restrictive and more challenging to the press, more dangerous to the press than really any administration in terms of american history in terms of legal investigations and so on. and i think access to the white house has just gotten worse and worse. >> what do you make of that, marc? because we had a president who ran for office saying he would be the most transparent administration in history, a claim he maintains he's upheld. >> one of the reasons there's so many leak investigations is there's so many leaks. this administration has leaked like a siev

and one of those who fought to get the law passed was a nurse practitioner named patty rosen.ing a deeply personal secret she kept for more than a decade. she gave the lethal dose to her own daughter. >> this is the healthy -- >> patty rosen's daughter was sick. >> this is jodi six months before she died. >> in 1985, jodi started to experience severe back aches. doctors appointments, medical tests, no clear diagnosis. >> they all tell me i have a daughter who is a drug addict and i'm a naive mother. >> she knew this was not true. jodi was deteriorating quickly, so patty rushed her to san diego. more appointments, more tests, and the results were earth shattering. >> when the doctor called me back, he was crying. and he said she doesn't have any bones left. doesn't have any bones left. >> bone cancer from her head to her toes. the 25-year-old would never leave her bed again. >> she was never going to go into a restaurant that she loved to do. she was not going to go to a movie. she was not going to make love again. her whole life was over. >> even at a young age, jodi's strengt

james rosen joins us by phone.s, ben bradlee was watergate, you've written a book about watergate but he was about so much more than watergate as well. >> that's right. ben bradlee helped bring newspaper reporting to a kind of zenith in the 20th century before watergate with the publication of the pentagon papers. they were at the tip of the spear in that fight to publish this massive archive of the history of our involvement in vietnam, and they were backed up by the u.s. supreme court in a big way, then, of course, with the watergate scandal, ben bradlee really was a unique journalism figure in journalism. he was close to power. he'd been a confidant of president kennedy. but he was someone who challenged power and someone who exercised power like no one else of his time. >> was he a partisan guy? >> for sure. there was no doubting that ben bradlee existed on the left of the ideological spectrum, but he was an establishmentarian. he stood for standards and excellence, but he was, as i mentioned v friendly with pr

look, we know in the case, for example, james rosen. you know, when they investigated him, when the justice department did that, we know in the case of lois lerner. you know, she took the fifth when she was spying on people's tax returns and things like that. all of this kind of stuff where they put -- power in the hand of the federal government to do something. nome are they going to mess it up, they're messing in the private area of private citizens rights and things like that. this -- people are going to communicate with each other whether it's social media, radio. you know, telephones, whatever it is. >> thank you. >> you can't stop that. so that's -- >> right. we just have to be better about -- >> how we conduct the vigil part of what we're doing. that's what we need to do john? >> the only way to stop it, physical force. military force. >> oh, gosh. >> so -- >> let me stay -- >> hold on. stay with you. physical force. mandated by government, or write writing private companies, google, youtube, pull these things down themselves? do

hilary rosen, rich galen, thanks to both of you for a spirited conversation. i appreciate it. i'll be right back. [ male announcer ] it's a warning. a wake-up call. but it's not happening out there. it's happening in here. [ sirens wailing ] inside of you. even if you're treating your crohn's disease or ulcerative colitis, an occasional flare may be a sign of damaging inflammation. learn more about the role damaging inflammation may be playing in your symptoms with the expert advice tool at crohnsandcolitis.com. and then speak with your gastroenterologist. ♪ ♪ ♪ [ male announcer ] great rates for great rides. geico motorcycle, see how much you could save. a hi.ty? [ male announcer ] great rates for great rides. i'm new ensure active clear protein drink. clear huh? my nutritional standards are high. i'm not juice or fancy water. i've got 8 grams of protein. twist my lid! that's three times more than me. 17 vitamins and minerals. and zero fat! hmmmm. you bring a lot to the party! yay! new ensure active clear protein. 8 grams protein. zero fat. 17 vitamins and minerals. in delici

what would halloween be without rosen? we have elsa, lydia, julia and oliver olaf.we have a pumpkin, a batman and a spiderman. look at these puppies! everybody has a halloween costume this halloween. >> a pumpkin. >> i love it. >> you guys look great. >> we've got a nice assortment of halloween costumes here to celebrate a great fun day. >> just a second. spiderman, can we have some of your candy? >> yeah. >> we can? great! >> that's really remarkable. >> very nice. there you go, tucker. >> i can't. taking candy from a baby, not much fun. >> steve has no problem. it's like, can i have all your candy? >> it's really nice. >> a special thank you to party city, the disney store and pets supplies for all of these fantastic costumes, and to party city for our set decorations and thank you to awful our children. >> happy halloween, everybody. >> thank you. >> wave! we have more "fox & friends" in two spooky minutes, people! ♪ ♪ ♪ ♪ >> thanks to all the kids for coming and of course, thanks to all their nervous parents who are behind them. ted, get a shot. have a safe hall

sam rosen, john lynch, ol op. ryan tannehill throws it away. he was being chased out of the pocket on a second down play. this has been quite a game. the packers on the opening drive of the game went 80 yards for a touchdown. took the lead. had the lead into the second half. but the dolphins have had a tremendous run here in the second half. three interceptions and three touchdowns. right now the dolphins with a 24-20 lead and a third and nine as they try to maintain possession and keep the ball away from aaron rodgers. the packers are out of time-outs. dom capers going to draw up the pressure on this third down. they keep it on the ground. knowshon moreno. so the dolphins go for the short run, maintain possession, don't take a chance and now will punt it away. >> john: i understand you want to have that, but the other side is you've got aaron rodgers on the other side who's going to get this ball om up four points. this is good football game, sam. >> sam: oh, it's been something special. you see the numbers for mr. clutch aaron rodgers. in his

for more on the hard throwing right-hander here is kenny rosen shawl. >> ken: you talk to the royalsout ventura they say he is fearless. the bigger the game in the minor league the better he pitched. one thing that helped pitching back in the rotation under less pressure. >> joe: one off the glove of moustak moustakas. sandoval on again, third time in this game. go ahead. >> ken: he was so good in spring training light up radar gonzalez that bill fisher, the pitching adviser for the royals, predicted he would win as many games as james shields and exactly what happened. both won 14 games and ventura had a slightly better e.r.a. >> joe: a base hit for sandoval. they are going to need, the royals are, all of that from ventura against jake peavy tomorrow night on the air at 7:30 eastern here on fox. here is hunter pence. what a night he's had. two-run shot, a double, and a walk. retired only once. ball one, outside, from frasor. >> tom: you saw danny duffy's electric arm out of the pen. he went to spring training competing for that fifth spot. he told me, take a look at ventura, after l

for more on the hard throwing right-hander here is kenny rosen shawl. >> ken: you talk to the royalsout ventura they say he is fearless. the bigger the game in the minor league the better he pitched. one thing that helped pitching back in the rotation under less pressure. >> joe: one off the glove of moustak moustakas. sandoval on again, third time in this game. go ahead. >> ken: he was so good in spring training light up radar gonzalez that bill fisher, the pitching adviser for the royals, predicted he would win as many games as james shields and exactly what happened. both won 14 games and ventura had a slightly better e.r.a. >> joe: a base hit for sandoval. they are going to need, the royals are, all of that from ventura against jake peavy tomorrow night on the air at 7:30 eastern here on fox. here is hunter pence. what a night he's had. two-run shot, a double, and a walk. retired only once. ball one, outside, from frasor. >> tom: you saw danny duffy's electric arm out of the pen. he went to spring training competing for that fifth spot. he told me, take a look at ventura, after l

jeff rosen deciding whether to file charges against mcdonald stemming from the felony domestic violence arrest in san jose. accused of assaulting his pregs nant fiancee, august 31st. detech tich ctives were thoroug investigation because of the national spotlight on thisser to. >> it is going to be very important for the da to get this right and to explain to the pub like why they're doing what they're doing with the case. they don't want any surprises in trial. they dent want any surprises look what happened in the ray rice case. >> referring to the case of the baltimore ravens. mcdonald continues to play for the 49ers since his arrest. that's angered many fans, former players and politicians. >> santa clara family is trying to recover emotionally and physically from being attacked in the middle of the night. it happened on the avenue in santa clara not far from will cox high. a man armed with a knife broke in through a window. made enough noise to wake the brother and sister living there. the sister discovered the man first in the kitchen. her screams brought the brother running. that'

. >> district attorney rosen says that's the only way to send a message to minors about the consequencesrape or cyberbullying. >> we're trying to deter some of this conduct and trying to deter the idea that boys will be boys or this is a rite of passage. rape is not a rite of pace and. >> he says california law hasn't kept up with social mediaen and new crimes. at the youth counseling and crisis agency, there is concern the bill could set a precedent for juvenile cases. >> is every crime the same like that? no, i don't think so. i don't -- i wouldn't say that the result or the penalty for that needs to be the same in every case. >> powerful story. joining me in the studio is sheila pott, audrie's mom and co-founder of the audrie pott foundation. we were chatting before the show started. i'm so sorry for your loss. it's only been a couple years and seems like yesterday. >> yes, absolutely. >> tell us about audrie. who was she? >> she was a 15-year-old with dreams of attending a college of the arts. she was athletic. kind. she referred to herself as the peacemaker in her group. she had an