>>megyn: you can follow me on twitter, and now, "studio b" with shephard smith. >>shepard: great to see you. the news begins anew, on "studio b" today, the mother of the missing 2-year-old boy says she left him alone in an unlocked car for almost an hour and now her pictures are on a dating website. she is a sugar baby who needs a "real man." break news in the occupy wall street protests we expect a court could rule momentarily on whether the protests could go back to zuccotti park in new york city. they cleared them out and then a ruling came. could this be the end? hundreds are under arrest. and the story of a anyone-year-old girl trapped in a car for almost two difficulties. with nothing to eat but pop-tarts and gatorade all ahead

unless breaking news changes everything. this is "studio b" but first from fox at 3:00 in new york, the former penn state assistant football coach at center of the disgusting child sex abuse scandal claim he is innocent and it was a bunch of horse play an extraordinary interview. as you know by now the former defensive coordinator sandusky, the heir apparent to general jeep -- to joe paterno is facing 40 counts of abusing young boys including raping children as young as two. in a phone interview on a new show on nbc he told nbc's reporter she no child predator. >> i am innocent of those charges. >> innocent? completely innocent? and falsely accused in every aspect? >> well, i could say that i have done some of those things. i have horsed around with kids.

i have showered after workouts. i have hugged them. and i have touched their leg without an intent of sexual contact. >>shepard: without spent of sexual contact. and this is the man and then the reporter pushed him further. listen. >> are you sexually attracted to young boys, to underage boys? >> am i sexually attracted to underable boys? sexually attracted? i enjoy young people. i love to be around them. no. no i'm not sexually attracted to chronic boys. >>shepard: this has ended the years of the penn state president and the legendary head coach joe paterno and the reporter asked coach sandusky if general petraeus was involved in any way. >> did joe paterno ever speak to you directly about your beverly?

-- behavior? >> no. >> never? >> no. >> never asked you if you needed help or counseling? >> no. >> never expressed disapproval? >> no. >>shepard: the victims are far more important than any coach's career but near universal reaction, why would sandusky's attorney allow him to go on television? david lee miller live in pennsylvania. what was the reaction in the shadows of the stadium to all that went down with this man? >>reporter: about everyone here on the penn state campus was watching, listening, and at the least they read about and have discussed at great length that interview. we talked to a dozen people selected randomly today and i can tell you everyone of them said the same thing: they did not believe a word sandusky said. here is some of the reaction. >> his, he is guilty.

it is greece that he even says he is innocent. >> did you believe him? >> no. >> why not? >> because ... for him to say things he did, he said he put his hands on little by and that's it, no sexual contact. i was disgusted even with what he said. >>reporter: there was one person on the campus who came forward today to say that he didn't watch or listen to the before, tom bradley, he said he was too busy preparing for the game with ohio state and had better things it do. >>shepard: did we have any idea where former coach sandusky is now? >>reporter: not at this time. a lot of people are looking for him. here is a live picture outside his home not far from the campus. there are reporters, photographers, journalists camped outside for the better part of a day.

so many, in fact, that neighbors called the police trying to have them removed. they have to abid by certain rules. we did not know where he is. his attorney was on a tv talk show this morning, a morning news program and the attorney said that they believe they have elected one of the abuse victims that was discussed before the grand jury and the victim is beginning to tell a very different step than an eyewitness who appeared before the grand jury. that remains to be seen. >>shepard: thank you, david lee miller. and new to the lawyers, arthur aidala on the left, and criminal defense attorney, former prosecutor from new york. and randy zelin. we will get to all that he said, we will get to that. would you let your client talk like this? that is unfair, when one talks you say the one thing they

should do shut up and now you change your tactics, for what reason? >> because you asked me to. >>randy: there are times where as a matter of tactic when you know your client can never take the continued, when you know you are getting destroyed in the court of public opinion, what did you do? you let your client spoke. why? because you control what the client says. the clint can to the be single to cross-examination. you get your step out there. you taint a perspective jury pool and you get the word out and now you battle it out in what we call the court of public opinion. does it happen frequently? no. should it? no. but now and again you get nothing to lose. >>shepard: at that point --. >>arthur: a horror show, shep, to accomplish what randy said, which is the kind of not get ahead of the story but at least stop this tidal wave against his clint, if the attorney himself

and only the attorney wanted to come out and say, look, folks all we are asking you to do is give us our day in court i will tell you we have found one young man is going to say what is in the grand jury report is not true and we believe this will be more coming after that. that's a whole different bull of wax than this give basically admitting what he cannot deny. he touched little boys. he showered with little boys. he was always with little brings but it was not sex eel and he denied that. >>shepard: and not quickly. >>shepard: when you repeat a question, that is the biggestedly tactic for a guilty person. am i attracted to chronic boys? you don't have to think about that. no way. absolutely not. disgusting. >>shepard: the lawyers are helping him along with this process and you get out there what you want out and not what you don't want out and he said that joe paterno never asked him a single question. so, here is the scenario: coach

sandusky, his good friend of many years, tells him, is told by coach sandusky, was raping a child in the bathroom and joe pa never asked a question? >>randy: you hit something which is beginning to resonate later on. it is really brother found. think of the box they all got put in. the fact that joe pa didn't say negative to sandusky, that is great for him because joe pa didn't learn anything that was worth speaking about. but what does it do to joe pa? he has conceded. this case is so screwed up because people keep talking. >>shepard: a minute ago you said the right thing to do was talk. >>randy: wrong. >>arthur: you point you made is founded on sandusky having any bit of creditability. no one can believe a word this

guy says. but what he is caught on audio tape saying in 1998 to the mother of the first victim, where he said something like i'm sorry, i wish i could die or i wish i could kill myself when he admits orally sodomizing a young boy. >>shepard: speaking for number three, play it. >> what did happen in the shower the night that mike mcqueary happened upon you and the boy? >> we were showering and horsing around and he actually turned all the showers on and was actually sliding across the floor and we were, as i recall, possibly, like snapping a towel. horse place. >>shepard: which ten-year-olds do with each other. >>randy: here is the insanity, if i can play prosecutor. the judge volunteered for the foundation, this is just lick the village idiots in this case

but something just happened here that is beginning to come back to really, really haunt it. and he was so specific on the things where he depth -- didn't do anything wrong but when asked specifically about sex of course well, why remember specifics of that incident. he cannot be cross-examined. >>arthur: and bail, what really raised a red flag, strauss-kahn in new york city, an older man accused of raping an adult woman, bail at $5 million. house arrest. electronic bracelet monitoring. he didn't have to put up the cash. he just signed, i'll give you $100,000. >>randy: $3 million for m yea and how about the kids? we cannot lose sight of the kids. >>shepard: nice to see you both. thank you.

we awaiting a very important ruling from a judge on the occupy wall street movement, the park that activists call home is empty for the first time in a couple of months because at 1:00 o'clock in the morning they pull them out. but, early this morning, a judge sign add temporary restraining order against the city of new york and a second judge will rule on whether police are required to allow the protests back into this park. that is where we are. we expect the ruling at any moment. jonathan hunt is around zuccotti park. it is still cleared, right? >>jonathan: it is but there is a sense of anticipation the last few minutes, a marked rise in tension as we await that judge's ruling on whether the protesters will be allowed to come back to this park behind me. look at it right now: you can see inside the park now the only people are orange vested and yellow vested security guards and members of the new york police department. some of them wearing riot

helmets and they are obviously all right at this second waiting for that decision. the protesters left this park earlier today and they gathered in other parks around downtown manhattan, but, many of them now are going to move back here in anticipation of that ruling which could come in the next few minutes. >>shepard: jonathan, protesters and journalists are saying the cops were heavy handed. >>jonathan: well, the protesters are saying the cops moved in, very heavy handed fashion, pushing them violently and claims that tear gas cannisters were fired and we cannot independently confirm any of that and cameras were kept appear for some time, actually, and it was difficult for journalists to report at the beginning of the movement by the police when they moved in, in the middle of the night. the mayor said they moved in when they did to minimize disruption to the rest of the

law abiding new york public because of growing help and public safety concerns. many of the protesters say they were too heavy handed and police say they made something like 200 arrests and they used the absolute minimum of force. >>shepard: thank you, jonathan hunt. we have word we should expect the ruling some time in the next 15 minutes and we will have that and reaction from downtown. but first ron paul's turn for a bump in the polls. a survey puts him in a four-way tie in crucial early morning state. [ male announcer ] you love the taste of 2% milk.

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>>shepard: fox news is america's election headquarters and a new poll today showing a very tight race in the state of iowa where voters pick their republican nominee for president in less than two months. according to a news poll of likely iowa caucus goers, there is now a dead heat among four candidates: herman cain, ron paul, romney and gingrich. ron paul and gingrich getting a big bump last month. according to the same poll, governor rick perry is at 7 percent. and nationally two other polls find him near the bottom of the pack. big change from two months ago before everyone knew rick perry. joining us now is a republican strategist a columnist with the "hill," and a professor at george washington university. who is surprised here, first, that rick perry went down and two, that gingrich went up. >>guest: i am not surprised. look, rick perry did not meet expectations going in, the poll numbers --.

>>shepard: didn't meet specifications? >>guest: no. there is a lot of buzz going in before he was in the race and aside from the recent problems, there were other problems, otherwise the one gaffe would not have done him in. but the good thing is he has a chance to clean himself up and have a strong endorsement of someone and fight another day because the resolution semi-strong and she a good governor and he can have a nice graceful exit strategy. as far as gingrich, everything negative that anyone knows about gingrich is out there, and yet people are starting to appreciate the intelligence and what this man has to office. i have been saying he belongs on the stage when others say he is just trying to sell becomes, but watch the give. he is smart. the more people have access to him, the general audience, the better he will do, the debates are helping him not because someone has faltered for both romney and gingrich, it is their own strength rather than someone

else's failure. >>shepard: why, after the libya gaffe and others from herman cain, help us understand why it is that people are still supporting him? >>guest: well, we have seen a dip in the numbers. >>shepard: but what is it from your strategist eye leads us to believe there is a reason people still support him. >>guest: the media things he burst on to the scene and everyone liked him. >>shepard: he came to washington as a lobbyist, that is how he burst on to the scene. >>guest: in terms of the republican primary, he has been out there for a year going to all the events and has been surprising people at the small grass roots address and people are lining up to meet him and he has been wowing the g.o.p. crowds for a while so there is a lot of affection and people are not ready to let go of. but like rick perry, in a different way, he will use this

time he has left on stage and in the national spotlight. >>shepard: to do what? >>guest: make senior he has a graceful exit because this is a winnowing down process. you use the media attention to do some good to come back and live to fight another day. >>shepard: thank you, cheri, great to see you. a federal regulator says what happened in the days before wall street clap -- collapse was suspicious "as heck." what does that tell us? stay tuned. i meant turn left up ahead. recalculating. turn right now! [ horn honks, tires scech ]

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>>shepard: there are new questions about what happened to the $600 million of investors

money before mf global went bankrupt. you may recall the former new jersey governor and senator jon corzine ran the firm until it went under. and according to the reporting of the "wall street journal" which is owned by the parent company of this network the money my have disappeared from accounts just days before anybody outside the firm knew it was in trouble. and now, gerri willis. how many days before mf global went bust when it looks: the fishy. >>gerri: four days. starting with october 27 of this year they started fining that $200 million in client account money was missing. and the next day, the 28th, the firm tells the trading organization in chicago and regulators that customer funding was in "good shape." and october 31st they file

bankruptcy and november 1, layoffs of over 1,000 people, and those folks by the way, are still being paid through today. merry christmas, that money is over. >>shepard: interesting so in the middle of all of this is the former governor jon corzine's link to regulators at wall street. >>gerri: the head of the commoditieses future trading commission worked for mr. corzine at goldman as did a myriad people working in the government so he had to recuse himself from prosecuting this case going after him and mf global but he is the brain there at the trading commission is it will be interesting how they handle this. >>shepard: markets are up. up 72 points. >>gerri: reason for celebration. >>shepard: we will celebrate watching you at 5:00. bank of america learned a lesson from the plan to charge customer s $5 to use your debit

cards. what is the lesson, hide the fees better? you will recall they dropped the plan debit card fee this month amid consumer backlash following the load of the other lenders such as j.p. morgan and will withs fargo. the c.e.o. said today that bank of america will work to minimize what it charges customs but he thinks retail banking may never be as profitable for lenders as it used to be. 26 minutes after the hour, and the bottom of the hour means the top of the news and in lower manhattan we will have a very important ruling from a judge, the protesters removed by force in the early hours of this morning and later in the morning, an injunction saying, you can't kick those people out. and now another judge will decide what they can sleep there overnight and continue to "occupy wall street," or not. the ruling is next.

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and last chance at medicare open enrollment, too. what do yean? it ends december 7th. if you haven't reviewed your medicare plan oices yet, well, it's getting late. medicare gives you free cancer screenings and wellness visits, and 50% o brand name prescription drugs when you're in e donut hole... it's all part of the health care law. december 7th? i better get goin'! [ male announcer ] medicare open enrollment ends soon. cal1-800-medice or visit medica.gov to learn re. >>shepard: 3:30 in new york and we expect to hear from the judge now on today's raid of the occupy wall street protesters. police forced them out around 1:00 o'clock a.m. today and lawyers representing the movement have retained a temporary restraining order against the city of new york. that judge could force police to let activists back in the court.

jonathan hunt is live at zuccotti park. we have nothing yet. >>jonathan: should come any second. clearly, the police who are here in zuccotti park are ready for that decision. if you can make it out from our position, when we showed you earlier, the police officers were on the steps a few yours back from the front lynn of barriers and now they have moved down to the front line on the other side of the park. and the police are clearing people away to keep the pathway clear. they expect reaction either way from the protesters and many left the park today and camped elsewhere when they were thrown out by the police. many have new come back, in anticipation of the decision. obviously hoping they will allowed to go back into the court with their tents with their sleeping bags and, again,

occupy zuccotti park in downtown manhattan. that decision as you said could come at any minute. >>shepard: thank you, jonathan hunt, we will get back to them. and now to the legal panel, zuccotti park, right, you probably never heard of it. i talked to a series new yorkers in my ear who are working around this studio, no one heard of it. i have been here 12 years and never heads of it. zuccotti park is a privately owned park to which the public is welcome to visit. and i guess as a result of that set up you cannot say you can come and you can't come. >>arthur: but you can have rules. the lawyers for the people who own the park are saying you can come, and they are saying which is in conflict with the mayor, you can stay there for 24 hours but you can in the slope there, you cannot set up tents there and you cannot set up sleeping bags there and my understanding, i know the judge they are in front of, that is where he will

go. >>shepard: i was going to ask you about that judge. during the break arthur was like, i know the judge and you said, super nice guy, probably will be a little bit late, and always split the baby. >>arthur: he allows bow sides to make the argument and he does not cut people off, and he listens. he absorbs what they say, and he usually says you are right and you are wrong. he usually says, okay, let's figure out a compromise. and i'm not faulting him for that, wily that is the best thing that happens. so my guess, my educated guess, he will do what the owners of the park say. okay, you can go there, folks but you cannot live there. that's it. you cannot live there. >>randy: and there is a scary back story because they will shut down the park if they can and you know what if they can't, they are going to shut down the court system because to they are in the allowed to be there, what

will happen is they will all get arrested. hundreds of them. and they will shut down the new york city criminal court system. the court system will grind to a halt so no matter what happens here, someone is getting hurt. we know what this is the result of. >>shepard: if the city wanted them out and what you might do, what an opposite might have been, you need to leave and at 1:00 o'clock in the morning if you are not gone we will kick i out. but they wanted it come in quietly and make as little show of this as possible. >>arthur: those tactics have been studied. you do not want them to be ready for a battle. >>shepard: so you kick them out of zuccotti park. there are a lost parks in this city. why not take over another park? >>arthur: the park by myself in brooklyn has a lot of signs "park open from dawn to dusk."

and if you are playing outside those times you will get a ticket. >>shepard: they changed the rules because of drug problems. >>randy: you ain't sleeping in the streets, we have plenty of places to put you. i believe the city will argue this is a quality of life issue. >>shepard: to suggest they don't allow people to sleep in the streets of new york would be quite a stretch. where do you live, randy? people do sleep in the streets. it is not new. >>arthur: the point about the arrest, on a normal day in manhattan there are about 400 regular arrests. you they 200 additional arrests in there ... >>shepard: they want to shut down wall street, shut down the new york stock exchange on thursday morning. this is clearly a precursor. >>randy: the mayor says, guys, we have had enough of you. if they did it and not said they are going to do it, just did it.

>>shepard: i understand they cleaned it and it smells good and they are somewhat organized. >>jonathan: it is somewhat organized. only the police and private security guards are now inside the park. another legal point some of our viewers could wonder who is representing the protesters in their court action today. i can tell you they are members of the national lawyers guild and they are acting pro bono. in other words they are not being paid by anyone. and as for the actions planned on thursday, we are now hearing from the organizers that it is far more than just trying to shut down wall street. they also say they will try to disrupt many of the subways here downtown and we hear they also plan to walk across the brooklyn bridge and try to shut that down. whatever happens here today whether they are allowed back in court, they plan a wide-spread action of civil disobedience on

thursday morning. >>arthur: scary. we would expect this if you went to the bank and could in the get your money from the bank. >>shepard: like protesters of vietnam. back in the day. i am not equating the two things but that is what we have. >>arthur: they are going to the next level, the occupy wall street folks, forcing the hand of mayor bloomberg and of ray kelly. they are going to lose a lot of credibility from people in the middle f i have to get to court and driver over the brooklyn bridge and it is closed and i cannot make my appearance in "studio b" i will not be relax relaxed. >>randy: what happens if i don't come? >>shepard: you are not paid already. >>randy: so it doesn't matter. >>randy: send them to gitmo. >>arthur: i am anxious to see which way the judge rules. >>shepard: arthur has said

this particular judge, judge stallman, he stalls. first not on time. he is not. and then you have to be nice because you may have to appear front of him. he usually splits the baby as if you are in a custody battle and you each get one half of the baby. that is where the expression comes from. we expect a ruling any second. now, we are in stallman mode. stall man mowed. -- stallman mode. stay tuned. [ male announcer ] succeeding in today's market requires decisive action. i go to e-trade and tap into the power of revolutionary mobile apps to trade wherever. whenever.

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first, though, will the clock, or i should say the clock still ticking for the so-called deficit super committee in washington. the congressional subcommittee has until thanksgiving to a $1.5 trillion from the budget or face automatic and painful cuts. and now live to capitol hill with the latest. are super committee members feeling this? >>reporter: they are feeling the pressure. normally chatty members of congress have been very stone fates, tightlipped, going into and out of their private, separate meetings between the republicans and the democrats. in terms of where they stand, well, democrat from the house of representatives made a basketball reference. take a listen. >> in terms of time, i don't think there is any doubt that the clock is ticking and if we don't move fairly soon we're not going to take a good shot at the

basket to beat the buzzer and i believe if this could be a magical week. >>reporter: no nba this season but he has not forgotten basketball and private meetings continue, and it is not clear if democrats and republicans will come together. >>shepard: the first big day of college basketball and we are fired up here but it sounds like congressional leadership could be more involved in this matter. >>reporter: that is true. speaker boehner and, also, senator majority leader harry reid spent 40 minutes together talking about the super competent. they have a lot invested in this. it was congress' idea about how to figure out how to deal with the massive debt problem at this point before the cameras today. speaker boehner was bipartisan in his tone. take a listen. >> i believe all the members of the joint select committee on

deficit reduction, so-called super committee, both democrats and republicans have done good work and worked very hard but there isn't an agreement. and i'm convinced that if there is an agreement it can, in fact, pass. >>reporter: the tone from leadership this afternoon, republicans in the senate sounded like failure is not an option and senator harry reid the democratic leader sounded very pessimistic. >>shepard: there were file works on the hill over the white house promise that all u.s. combat troops in iraq will be home for the holidays. the defense secretary panetta said he has faith in iraq's new government. did you hear that? the defense secretary panetta has "faith in iraq's new government." write it down. but arizona senator john mccain pointed out that talks were in place to keep some troops this after december but they breakdown when iraq refused to grant legal immunity to forces. joe paterno argued the official

could have breakered a deal accusing the white house of making a political move. >> we have a relationship that goes back many, many years and they have told us the truth. the truth is this administration was committed to the complete withdrawal of u.s. troops from iraq and they made it happen. >> senator mccain that is simply not true. you can believe that and i respect your beliefs but that is not true. >> and the outcome is as predicted. >> that is not how it happened. >> it is. >> this is about negotiating with a sovereign country, an independent country. this was about their needs. >>shepard: they said we want you out and what we are doing is coming home. senator john mccain argued that the new government in iraq could immediately become "friendly with iran," but american forces are leaving at a dramatic rate a few years ago there were 34,000 in iraq and

now just 24,000. and now the international politics professor at harvard, former u.s. ambassador to nato. nice to see you, sir. >>guest: thank you. >>shepard: the iraqis said "get out," and we said "okay." what more do we feed to -- needo know. >>guest: president obama did what he could, the best job he could he and the ambassador trying to convince the iraqis to agree to continuation of american troop presence. the person responsible for this is prime minister maliki. our friend prime minister maliki refused to tame -- take the immunity issue to the parliament for vote. you could not be left in a country where you are liable to prosecution. we would not do that then in the world, no republican or democrat, and the obama administration did what it would

but certainly it is a disappointment that american troops, we will not have some residual groups there to deal with iran and the training that is necessary for the iraqi army. >>shepard: do we have other laces for troops beside iraq? >>guest: well, we do, and the larger question, what will be the impact of a complete withdrawal of american troops on our relationship with iran? we are strong enough in the gulf, with the other american military forces in afghanistan and else where in the arab world, we are powerful compared to iran and iran has to respect that american military power. i do not see this as defeat for the united states in that light. >>shepard: we have so many other places to be where we already are, right? >>guest: well, we have substantial american troop presence through the arab world particularly in the gulf area. and afghanistan. i would not discount if the persian is the new center of

potential conflict between iran and the united states, we have superiority in the air and superiority on the sea. that is meaningful the it would be nice to have a few thousand extra troops in iraq but it is not critical. if my judgment is accurate. >>shepard: a north carolina father killed in a car crash and the nine-year-old witnessed it happening and what makes this story incredible what the little girl did to survive herself and how long it took the rescuers to find her. a "studio b" survivor's tale.

>>shepard: gabrielle giffords gave an extraordinary interview on abc "world news," and said

i'm getting stronger, i'm getting better, the world to viewers last night after months of intensive recovery after a gun mat shot her. she yesterday gave the first public interview since that shooting in tucson which left sex people dead and 13 injured. it happened on abc and she struggled saying she is not ready to return to congress. >> no better. >> better? >> i ... better. better. >> do you it get angry at what happened to you? >> no, no, no. no. life, life. >> her husband says when he finally told her about the friend whose died in the shooting she broke down.

the grief for her was overwhelming. but he says she made tremendous progress. >> police in the state of north carolina are praising the bravery of a nine-year-old girl who spent 40 hours trapped in a wrecked car next to her father who was dead. investigators say the scar skidded off the highway and crashed upside down in a ditch killing her father. to days later someone walking by spotted the car and cared 9-1-1 and that is where emergency crews found the girl. she is doing okay but a family friend says she really misses her father. >> she said when she was in the hospital she was hungry and asked about her dad and we had to break it down for her and that hurt. >> she survived temperatures in the 30's withing in more than pop-tarts and gatorade. and now, authorities say they thought the father and the daughter were dead at first. >>trace: because the roof of the car was so crushed they could barely see inside and they thought there was no chance.

for 40 hours, the nine-year-old was pinned inside the wreckage and they tried to unbuckle the belt. she couldn't. she tried to dig out and she could not. she was wearing a sweat heart that was heavy enough to protect her and the pop-tarts and the gatorade were to her lap but the police say when they pulled her out and she started talking they were amazed. listen. >> the first ponders and ems were there and they went to the driver's side first and of course he was deceased. and they didn't see any movement from her, any motion until they went to touch her and they felt a pulse and she started coming around. >> the car was so damaged they say she could not see her father. she knew he was hurt badly but she had in idea he had died. >> cops are saying if the witness had not come by she could still in the car. >>trace: even the cops that

patrol the area had no idea that culvert was there. if you sat in the culvert or stood there, a 6' man raising his arm could not be seen. the cops say the speedometer was stuck at 110 miles per hour and to get into that culvert from the road you would have had to have been going at least that fast. >> the tree that he hit into he hit six or seven feet above. they were broken high. so he was airborne as he went into the trees and a car that weight you cannot get airborne at 55 miles per hour. it cannot happen. >> it was airborne and flipped in the air. the father would not have driven his daughter at 110 miles per hour so the cops are not ruling out there could have been a mechanical problem or he pushed the action -- accelerator.

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>>shepard: word of a virus on facebook with graphic stuff including hardcore porn and self mutilation and it spread through malicious links that infect someone else. officials say they are aware of the virus and they are trying to get rid of it. so, facebook, look out. zuccotti park ruling we did not get that. are you surprised? >>arthur: not surprised at all. all eyes are on this judge and he will make sure he hears both sides, follows the law and get as lot input from the city lawyers. >>randy: it will be a problem no matter what so i don't envy the judge. >>shepard: it is occupy wall street and we expect a ruling 30 minutes ago. are they