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tv   Happening Now  FOX News  November 29, 2011 8:00am-10:00am PST

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isn't it phenomenal the weather here in new york city. almost december and people are walking around in t-shirts. you know what that's going to bring? martha: what, bill? bill: a lot of colds. catch you tomorrow. martha: thanks everybody. we'll see you back here tomorrow. jon: fox news alert and a surprise visit to baghdad for the vice president. vice president joe biden landed in baghdad just about 15 minutes ago to visit our troops there. good thing he is doing it now because as of january we're told there will not be any american forces left in the country. we're down to about 14,000 american forces in iraq right now. that from a high of about 170,000. of course the administration failed to reach an agreement to keep american forces in iraq by the end of the year. our chief white house correspondent ed henry is there with the vice president. i'm sorry, they left you
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behind, ed. you're at the white house. the vice president is in baghdad. forgive me. >> reporter: here at the white house. you're right. we're confirming with people on the ground the vice president just landed in baghdad for a surprise two-day visit. we're told he will be meeting with iraqi firms and talking to -- officials and u.s. troops. there is the year-end deadline. president obama came into the white house briefing room in late october basically laid out what had been a campaign promise in 2008. this was a promise kept. in fact at the time he said, quote, after nearly nine years america's war in iraq will be over. we should remember that that timeline was actually put in place by the previous administration, the bush administration with that status of forces agreement with the iraqi government. prime minister nouriel maliki, et cetera. as you noted there were military leaders in the u.s. wanted a small force, maybe, 5, 10,000 u.s. troops staying beyond december 31st
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to make sure this transition goes smoothly. that had broken down over some legal issues. bottom line, the president faces criticism on this but the white house believes it is time for the irraw can is to stand up for their own security, jon. jon: ed henry at the white house. thanks for that information. jenna: from one coast to another we have this other fox news alert. we're live at los angeles superior court where michael jackson's personal doctor is about to find out his fate in the king of pop's death. house is live from the courthouse with more. adam? >> reporter: half hour from now final chapter in the criminal case for dr. conrad murray as he is sentenced. we'll hear impact statements from the victim's family, most likely from his siblings and one of his children. we don't know for sure because the list has not been released. we're told by our man inside the courtroom, dr. murray's lawyer, told him, our producer, dr. murray does not plan to make a statement. that could change.
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murray could decide to say something. when all said and done the judge pastor will have the finance decision to sentence dr. murray potentially four years in county jail. if he does get that sentence, jenna, most legal observers will tell you he will serve at the very most half of that. we'll know more in a half hour when everybody is in this courtroom and judge pastor begins the proceedings to sentence dr. murray in the case in the death of michael jackson. we'll have all the details from the courthouse. we'll see you at the bottom of the hour, jenna. jenna: adam, thank you. whole lot of breaking news from around the world today, everybody. we're so glad you're with us, i'm jenna lee. jon: all kinds of stuff "happening now.". i'm jon scott. we're in the fox newsroom. the herman cain campaign is insisting he will remain in the race dismissing a new claim weeks after allegations of sexual harrassment first emerged. a woman has come forward
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claiming she had a 13-year consensual affair with the presidential candidate. jenna: cain denies the affair. his campaign is dismissing the allegation. he says it is come from people bent on sinking his white house chances. jon: joining us brit hume, our fox news senior political analyst. for the cain campaign it seems like death by a thousand cuts, brit. >> it isn't quite a thousand but it is getting up there. what deepens the problem for mr. cain not just this distraction and this further allegation raising doubts about his behavior toward women but i think it's also combined with difficulties he had in recent debates and interviews speaking with any authority and knowledge about world affairs. and i think that, you put those two things together you can see the reason why he dropped markedly in the polls. you can also see i guess, jon, why he will stay in the race. we're a few weeks from people voting. he has come this far. he might as well see what
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happens. voters have more power than anybody by far in this. there is always a chance that he could make, make a great showing in iowa unexpectedly good showing in iowa and be back in middle of things. >> obviously cain is a christian, a minister. christians are foregiving but this constant drip, drip, drip of allegations some of which are not exactly being artfully denied by the campaign are certainly a problem for him. >> well, look, christians do believe in forgiveness and redemption but that begins with acknowledgement of wrongdoing and that is not what we've had from mr. cain. look, i'm not saying he is guilty. i don't know. we may never know but the things ha reached a certain stage if christian forgiveness is what you're looking for you begin with the acknowledgement you have done wrong and ask for forgiveness. so i don't think, that is a road that he can really travel at this point. it is more hurtful to him because of his faith and
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because of the fact that he is a baptist minister i guess and these allegations of marital infidelity, his lawyer said this is nobody's business. this latest thing is allegation of a consensual affair. lawyer is not wrong about that. on the other hand baptist ministers are not supposed to engage in affairs, consensual or otherwise. jon: he did well in part because he was the anti-romney. a lot of republicans, a lot of conservatives have been looking anybody but romney so the saying goes. mitt romney is down in florida and picking up a couple of big-name republican endorsements. what can you tell us about that? >> endorsements give you a little bit of news. they make news and though may, you know, some of the credibility that, you know, politician has may rub off on someone with the politician endorses but i don't think endorsements matter very much for very long but, you know, you're not going to turn them down. if, gives you a splashy news
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conference where someone who is well-known in the state comes out and says i'm for romney, then you'll take it and romney has picked up a lot of endorsements but voters tend to make up their own mind and they may love the person doing the endorsing but that doesn't mean they will love the endorse. jon: we're talking about representative ileana ros-lehtinen and mario diaz-balart. and his brother. three well-known members of the cuban-american community. romney's stance on immigration supposedly hurt him among cuban-americans. this is perhaps a chance to repair some of the damage? >> well, it won't hurt. but if, in the queue ban-american community has been politically distinct from the hispanic community generally. it has been much more conservative ohing a lot to opposition to the castro regime and history that of, how those people came here and the way they feel about
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the world and they have been a much more republican element and i think at this stage, obviously this is a republican contest. so, doing well in that community is helpful. whether it will translate to any greater standing for him among hispanics in a general election campaign if he gets there would be i think doubtful. jon: our senior political analyst brit hume. always good to have your expertise. >> thank you, jon. jenna: this fox news alert. 40,000 troops, most of them americans, leaving afghanistan by the end of next year. the drawdown announced by the pentagon and more than a dozen coalition partners will drastically reduce the foreign military presence there in that country and shift responsibility to afghan troops. this is all happening, we're getting this news as the fallout continues over a nato airstrike over the weekend killing 24 pakistani oops. there are report as case of mistaken identity may have been a deliberate trap set by taliban fighters.
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coner powell streaming live from kabul with the latest. >> reporter: jenna, the events that load to the death of 24 pakistani soldiers over the weekend are still very much being debated. they insist pakistani troops were fired upon and pakistani troops did not fire first. today a top pakistani general says there was deliberate act of aggression by nato. u.s. and afghan officials paint a very different though not a consistent story about what they say happened along the border between afghanistan and pakistan. they say they were taking fire from positions inside pakistan near the agency part of pakistan and they called in and received permission to return fire and they took out two pakistani military outposts. now it is not clear whether or not they knew whether or not those were pakistani military outposts or whether or not they thought they were taliban militant outposts but seems unlikely given the level of coordination there wasn't some knowledge there was
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pakistani outposts in two different spots where they were taking fire. it adds to the confusion why would they fire on pakistani outposts. was there any level of coordination? who was doing this coordination. there are a lot of unanswered questions regarding this entire event. as you said this all comes as nato and the international community here announces they are going to reduce the fighting force here in began been by 40,000. 33,000 american troops will be leaving by the end of 2012. 7,000 international troops from places like france and germany and britain are also going to leave, jenna? jenna: as scheduled, a third of our forces there gone about the end of next year. conner, thank you very much. we'll continue to watch the story out of afghanistan and otherwise. jon? jon: well, something bankrupt in the air. the parent company of american airlines filing for bankruptcy protection. texas-based amr corporation blames years of accelerating fuel prices and labor struggles for its massive debt load. it is now seeking protection in order to repain -- remain
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competitive. doug mckelway live with the latest on that. any insiders, doug, have a sense it was about to happen? >> reporter: if they didn't know about today's bankruptcy filing many industry insiders knew american airlines was in deep financial trouble. it was one of the few domestic carriers not to file for chapter 11 in the aftermath of 9/11. while pilots and workers gave concessions recent years, one worker told me pilots gave unrealistic demands based on the company's balance sheet. the reliance on almost 300-m d-80 planes. they have engines less fuel efficient than competitors and only five seats across compared to the airbus a-320 and bowing 737s, six seats across competitors use. give the industry american couldn't turn a profit. it's ceo said quoting our very substantial cost disadvantage compared to our larger competitors and all
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which restructured their costs and debt through chapter 11 has become increasingly untenable given accelerating impact of global economic uncertainty and resulting revenue instability and volatile and rising fuel prices and incense filing competitive challenges. >> it is widely known within the industry american's cost structure has been out of whack for some time basically as a result of the fact that most of the other major airlines in the united states reorganized through their own chapter 11 petitions a number of years ago and were able to bring their cost structures down as a result and left american's cost structure at much higher amount. >> reporter: the airline says that it will honor all tickets, all reservations cancellations and refunds. as far as the passengers is concerned it should be business as usual. whether that remains the case will likely be determined by the terms of a bankruptcy court. jon? jon: as we get ready for the christmas travel season everything should be the same? >> reporter: keeping our fingers crossed. jon: all right. doug mckelway in washington.
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thanks, doug. jenna: back to some politics now. newt gingrich is surging in the polls moving to frontrunner status and apparently taking the gloves off for the fight who is the most conservative of them all. is this a good move? karl rove will be here live with his take on that. jon: tensions are rising in iran. hundreds of hard-line, so-called students storm the british embassy in tehran. the scene looks an awful like what happened before the iranian hostage crisis began 30 years ago. what it all means. jenna: a icon for the holiday season. jon: love frosty. jenna: trouble at a christmas parade. why frosty ended up in you have cans just ahead. ♪ . ♪ the weather outside is frightful ♪
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jenna: a fox news is america's election headquarters and happening now newt gingrich is rising in the polls and this week he is testing out a new strategy as he tours south carolina. take a listen. >> i don't claim to be the perfect candidate. i just claim to be a lot more conservative than mitt romney. we think there has to be a solid conservative alternative to mitt romney. i think i'm the one candidate who can bring together a national security conservatives and economic conservatives and social conservatives in order to make sure we have a conservative nominee. i wouldn't lie to the american people. i wouldn't switch my positions for political reasons. jenna: karl rove is here, former senior advisor and deputy chief of staff to president george w. bush also a fox news contributor.
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karl, what do you make of the strategy, the race to be the most solid conserve of them all? >> look, a smart move on speaker gingrich's part. if you want to become the not romney candidate, you want as many not romney people in your camp as possible particularly when other candidates like rick perry and herman cain don't seem to be getting off the ground or seem to be declining. it is not without its risks. there are three risks with this. it is ad odds what speaker gingrich has been saying in debates. he won a lot of applause saying let's not attack each other. let's attack obama. it will necessarily raise questions about two things. what about his conservative bonefides? he started by attacking congressman ryan's road map to prosperity. saying it was right-wing social engineering. that plan was endorsed by mitt romney. who is the most conservative there? we have this kerr if you have fell where speaker gingrich tried to allow those who have been here
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illegally to stay here. there will be a problem. finally this will bring up questions about his language waffling. there was a tough piece today, to in "national review" by mona sharon, you're lecturing people about being consistent? you were for no-fly zone in libya. several weeks later if you were president you wouldn't have anything to do with it. you sat on the couch with nancy pelosi in front of the capitol said we need to do something about climate change. now you say you don't know the world is warming? every strategy has its up sides and its downsides. we'll see how --. jenna: stop at point number two about whether or not this is the true conservative of the bunch. karl, do you consider yourself a true conservative? >> yeah, that's the deal. we all consider ourselves true conservative. jenna: do you think of yourself? >> yeah, absolutely. jenna: do you think newt gingrich is a true conservative in your mind? >> look conservatives can disagree with weech other. to some degree i think it is
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a mistake for him to position himself versus romney. it is stronger to establish conservative bonefides this is what i believe. he chosen a way of saying. this is what i believe and this is in con address to what -- contrast to what mitt romney believes. sometimes better to put emphasis on what you believe rather than trying to pick a argue maesht. -- argument. you are saying you were more conservative than he is? why were you against paul ryan entitlement reforms and romney made a speech in favor of them. this is the kind of risk when you take the tack the speaker is. jenna: you can go back and forth who is the most conservative. i was thinking about this. what defines a conservative in 2012? what is a true conservative? if everybody is racing in the primary, whoever runs for the nomination will have to come toward the middle slightly for the general election, what defines a conservative in 201, karl? >> let me take a dispute with the suggestion you have to go to the right in the
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primaries and come back to the middle in the general election. you better be there where you are in the primary and be there in the general election as well. if you go to the right and come back to the middle in the general election you're pretending people are not paying attention what you're saying and doing and frankly they are. you want credibility. so it is best in a primary to be where you want to be in the general election as well and take your lumps if you're not, if you're not quote sufficiently conservative for some elements of the party because in the end you want to win. so be who you are and make a passionate case for it. and don't be sitting there saying i've got to take steps walk three steps to the right where i would normally be or three steps to the left where i normally would be in order to placate somebody in the primary. be o you are. jenna: we have to run but we in general the question of what defines the right, what defines the left and what defines the middle right now hasn't truly been defined yet. i would love to talk to you about that in the future. we have to go to comercial, karl. always happens when we get
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to the meat of it all. always nice to see you. >> thank you, jenna. jenna: karl has an opinion piece on on congressman barney frank's decision not to run for re-election. check that out. we'll be right back medicare. it doesn't cover everything.
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jon: it was an ugly speckel on the football field on thanksgiving day. one of detroit's star defensive players symptoming on a helpless green bay player who was down. the nfl is handing down the punishment. rick has the latest. >> reporter: this player named suh, and nfl says this is the fifth time he has broken the rules. that led to his two-game suspension without pay. suh plays for the detroit lions. in his thanksgiving day loss with green bay he got into a scuffle with evan smith from the packers and stomped on
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his right arm as he tried to get up and walk away. suh, only 24 years old hasn't within in the league too long and has been fined three times. he went on facebook and apologized saying he is working on becoming a better player and professional on and off the field. that his behavior on thursday was unacceptable. losing two weeks of pay will cost him 164,000 bucks, jon there is incentive for him to get his act together. back to you. jon: the league doesn't like that kind of behavior. rick, thanks. jenna: several states in the south getting blasted with a rare november storm. and tennessee, is slow-moving cold front bringing a variety of weather conditions including snow and some flash floods even. meteorologist janice dean is better than me explaining all this. every time i get into snow accumulations i'm in dangerous territory. rather give it to you, jd. what's happening? >> in the northeast we're breaking records t was 70 in new york. a little bit topsy-turvy the
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weather across the south and northeast. there is the snow. you see the spin, the counterclockwise spin with the low pressure system bringing snow in the tennessee valley to get you in the christmas spirit. the high, i'm sorry, you see my maps? yes you do. i just don't see my maps in the teleprompter. here we have the winter weather advisory for the south across the tennessee river valley. those will remain in effect until 12:00 p.m. local time. a quick look at some of the southern snow totals we saw, for tennessee, denmark, tennessee, five inches for you. jonesboro, arkansas, three inches. i'm sure the kids were having fun. now i see myself. one of the days i will give you a lesson to do the weather with green screen. i can see myself on teleprompter and side monitors, when i don't see myself on the teleprompter it doesn't look as good. that's why i question that. a little less lesson in
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teleprompter and green screen. 38 in memphis. 61 in new york. that cold front will sweep on through and bring the temperatures down to more seasonal levels. jenna, back to you. >> don't give us a green screen. jon and i would never be able to handle that. >> viewers hat home are going is she talking about. it is all virtual reality in the weather center. jon: if you can't see jd it is never a good day. >> you're so nice. thank you for saying that, you guys. jenna: jd a quick question, in texas, snow, rain anything for the drought areas that have been so hard hit this year? >> they have gotten a little it about rain in the last couple days with this system, jenna. we'll see a few more systems moving in from the west bringing a little bit of relief but certainly not enough to make a dent in that incredible drought across texas. jenna: such a tough year. >> it is. jenna: we'll leave you to your green screen. >> thanks. jon: dr. conrad murray learns his sentence today. he of course has been convicted of involuntary
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manslaughter in the death of michael jackson. will he say anything at sentencing? jenna: hard to watch little kids with whooping cough. a childhood disease that was virtually eradicated. sounds awful, doesn't it. until parents are choosing not to vaccinate their children. other potential deadly diseases are resurfacing as well. how dangerous is this trend? are the shots worse than sicknesss? we'll talk to dr. garner what is going on here. we need answers when it comes to parents and kids and care. good to see you, doc. we'll be back with more "happening now." there he is, poised to discover plum amazins, the amazing alternative to raisins and cranberries with more fiber, less sugar, and a way better glycemic index.
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jenna: fox news alert. just after 8:30 in the morning out there on the west coast. the judge is set to sentence michael jackson's personal doctor for involuntary manslaughter. you see him on the left of your screen. adam housley live from l.a. superior court with the latest. adam? >> reporter: the court hearing has just begun. they just said the pledge of allegiance. the judge pastor said this will be hour long, a bit more. they will begin with impact statements. who will speak, that is the big question. will we hear from one of jackson's sick shrinks? will we hear from one of his or both her parents or one of his children. jermaine jackson, latoya, randy jackson is also here. we did not see joe jackson
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go through the front door or janet jackson or the children. that does not mean they're not knot courtroom. they could have gone up there the back door. conrad murray's family went through another door at the courthouse. once the prosecution is done the defense will have chance for their statements. conrad murray ace attorney told one of our producers inside as of right now they are not planning murray saying anything. doesn't mean he couldn't change his mind and say something, as of beginning of court his attorney told our producer that conrad murray was not planning on making a statement at today's hearing. once all the statements are done, judge pastor will lay down the sentence. it could be as much as four years behind ba in county jail, not prison but county jail. a lot of court observers believe it will be less than that since he has no prior convictions. on the day he walks into the countjail, theoretically today it will automatically be cut in half. he gets time served credit. so in some scenarios he could potentially only serve a couple of months behind bars in county jail. that is if the judge does
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give him a jail sentence. he could give him probation. no one really knows for sure what will happen with the judge. we are awaiting the statements as the court proceedings are underway. jenna, we'll keep you updated at courthouse. i'm given a note from inside looks like there are, no kids have gone to the front door. we knew that already. i'm getting information as i'm talking to you right now from our producers both outside the courthouse and inside the courtroom, jenna. as we get more information we'll bring it to you as the proceeding goes forward. only expected to last an hour here in los angeles. jenna: we should have a verdict by end of our shows. thank you, adam housley as we get more developments. jon? jon: there is a growing trend, jenna of parents choosing not to vaccinate their children that could be putting all of us at risk. doctors worry that diseases once thought to be wiped out like whooping cough and measles are making a comeback. in the event of an outbreak that means even children that are vaccinated can still get sick. joining us now to explain
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all of this, dr. steven garner, chairman of radiology at new york methodist hospital. a lot of people say this started because of one doctor whose report turned out to be fraudulent. >> fraudulent. a lie. published in a major medical journal, the lancet, 10, 15 years ago stating autism was on the rise because vaccines caused it. a lot of intelligent parents bought into it. it has been hard to reverse that despite hundreds of studies show that to be totally nonsense. jon: a lot of parents would not get their kids vaccinated, vaccines or combination of vaccines were causi autism in their kids? >> as a result they're hurting rest of the population, part of getting this immunity gets everybody vaccinated. when you have fewer than 90% vaccinated you have a problem. jon: look at some of the diseases that are coming back. you've given us a list. measels, whooping cough. polio even? >> polio came back in china which they thought they eradicated it. somebody from pakistan came
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in and give it to a unabout of children. there was pocket of polio. same thing could happen in our country. used to have 15,000 cases much measels. 500 to 1,000 deaths. has been eradicated with measels vaccine. jon: scarlet fever and even mumps. >> the mumps vaccine is only 70% effective. if you have people coming in even though you had the vaccine with the virus you're going to get it. jon: one of the arguments i guess that parents have, some parents have is that, look, by the time my kid is six they will have been stuck with needles maybe a dozen times, maybe two dozen times. >> two dozen times. jon: and as a result, well, you know it is painful, it hurts. i'm not going to do it. >> we were look whooping cough how that looks. what about deformities and in unborn children. unborn children in the mother's womb exposed to measels and chicksen pox exposed to deformties. you don't want to see the kid get jabbed 24 times but do you want to see him die
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of polio? jon: if i had my kids vaccinated and i have, they are actually at risk just because some other parents may have chosin not to vaccinate. >> very selfish act not to vaccinate. the whole immunity thing depends everybody getting vaccinated. some parents say i let others get vaccinated and my kids won't. they are not only doing harm to themselves but other kids. these are virulent diseases very easy to get caught. if they come in contact, kids will get it. bottom line, you can't play games. this should be law. easy to check off i don't want my kid to get it because of philosophical and medical reasons. >> i remember paperwork involved getting your kid into 7th grade. you have to go to the pediatrician. make sure every box is checked. maybe just easier not to get them vaccinated. then you don't have to deal with all that. >> philosophical reasons. you're impacting your own ideas on the rest of society. like what if i said stealing is okay? it is not okay because i'm
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hurting the rest of the people. jon: bottom line that story out of england that suggested that autism was somehow related to vaccines, bogus. >> nonsense. if you don't get your children vaccinated i think it is a crime. jon: dr. steven garner, thanks for the information. jenna? jenna: john, we have another big news alert out of iran. international news at this time, a big protest, a scene reminiscent what happened there more than 30 years ago when the u.s. embassy in iran was seized by militants and the iranian hostage crisis began. today, hundreds of iranians described as hard-line students. woe still don't know exactly who makes up that crowd, stormed the british embassy in tehran. the mob surging past riot police. pulling down the union jack flag, throwing documents out the window. there is concern about classified documents being thrown to the crowd. a he bill reducing diplomatic relations with britain in retaliation for tough new british sanctions
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against iran because of news out about iran's nuclear program. britain is outraged over the incident, calling it unacceptable, condemning it. we'll go in depth in the next hour, talk a little bit more about iran and also what the u.s. response should be. that is our ally britain. this is what is happening there. we'll have jim walsh, an expert from mit joining us next hour on that. meantime it has been nearly four months since robin gardner vanished in aruba. a blow to the investigation. why the only suspect in the maryland woman's disappearance is about to walk out of jail a free man. new details about a florida woman after her appearance on "the people's court". who police are focusing their attention on as they try to find michelle parker.
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world. what much of the nation is keeping an eye on this courtroom in remote 260. that is judge michael pastor getting ready to hand down the sentence to conrad murray the man convicted of manslaughter in the death of michael jackson. over on remote 218 looks like another good day for the dow up 79 points after some healthy gains yesterday. let's hope it sticks. part of that was the result of black friday which saw record numbers of shopping in this country. take a look at remote 291. the giant christmas balls are out. it is beginning a to look a lot like christmas. that is good for business in this country. jenna, back to you. jenna: well, jon, the only suspect in the disappearance after maryland woman until aruba is set to walk out of jail a free man later today. his name is gary gee or dawn know -- giordano. he has been in a rube ban jail for four months without charge. he traveled to aruba with robyn gardner on vacation.
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this is last picture of here alive. ty keating has been to aruba and back. has been following the story from the beginning. what is the story today? >> reporter: 8:00 tonight, aruba time which is 7:00 p.m. in miami, the only suspect in robyn gardner's disappearance, gary giordano walks out of jail a free man. that is the latest word from the solicitor general in aruba sent out an e-mail announcing a afternoon news conference talking about the status of their investigation and where it stands right now as far as maybe a future extradition for gary giordano. that remains to be seen. of course, the story given by giordano about what happened to robyn gardner was that they went snorkeling off baby beach on the southern tip of the island. strong currents, she was unable to swim back to shore and she drowned. investigators in aruba say they would have found a body. they don't buy that story, number one. so for the past four months
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giordano has been held without charges in gardner's disappearance but in aruba you can't be locked up forever without being charged. today the only suspect walks. gardner's body has never been found. no murder weapon has ever been found. so far no incriminating evidence or witnesses to foul play have ever surfaced. the last time gardner was seen alive was at a dive shop restaurant two hours before giordano reported her missing. staff there reportedly said she seemed a little woozy or buzzed from drinks at the time. now as soon as giordano could be back in maryland is on a flight tomorrow morning. his house in gaithersburg, maryland, that was searched by the fbi months ago on behalf of aruban investigators. it is possible they unearthed some evidence that gee or down know -- giordano could be arrested for something in the u.s. if there is fraud with the well-reported $1.5 trillion travelers insurance policy
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she signed naming him the beneficiary right before they took off to fly to aruba. jose baez, made his fame in the casey anthony trial. he is the u.s. attorney for giordano. i have spoken with him. if he is extradited in the future giordano won't fight it. jenna: we'll continue to watch the story for now. phil, thank you. ♪ . jon: oh, one of my childhood favorites. the song, you know,s from at this the snowman. the jolly, happy soul but police in one town apparently thoughts from at this had to be reined in a bit. rick folbaum with more on the snowman scuffle with the cops? rick, say it ain't so? >> reporter: you hate to see a jolly snowman cuffed and taken away especially this time of year, right. that's what happened tos from at this or kev win --s from city, or kevin walsh the guy in the
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he was getting too close to the crowd. they asked him to back away and that is what frosty or walsh flipped out. >> he became agitated and started cursing. at point the officer asked him to take his helmet off or helmet, the frosty hood. as he did that he hit him in the face with it, officer walker. at that point it was assault, not just assault on a dog but a assault on a police officer. >> reporter: conduct unbecoming of a snow man. this guy has a rap sheet. three priors for assault and disordererly conduct. get this, jon, organizers say frosty is invited at next year's christmas parade as long as he doesn't have anymore meltdowns. jon: you know what? i think he is impersonating frosty. we know frosty has a black silk hat. >> reporter: that's true.
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are you sure it is silk hat. i've been saying straw hat. jon: not a straw hat. a black silk hat. >> reporter: jenna, want to help me out here? jenna: i want to prefer to stay out of this story completely. jon: help me out here. >> maybe frosty should have a little sash. this is frosty of the 21st century, right? jon: we'll get this one sorted out. >> reporter: it is straw by the way. jenna: it is straw, silk. that is enough both of you. pakistanies are furious over nato strike that killed four of their soldiers. this could have been set up by the taliban, what about the troop with drawl next year. we'll talk about this after the break.
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jenna: welcome back, everyone. "happening now," more fallout from this weekend's nato strike. protests in pakistan against nato and the u.s. are fierce, nato launching an investigation into exactly how this happened. more news today that the u.s. and its coalition partners are announcing a sharp reduction in the number of troops in afghanistan at the end of next year. christian whiton is a principal at d.c. advisory. how do you make sense of these news items, how are they both related? >> you see people in the region having to make deals with the bad actors partly because of our troop drawdown. troop drawdown is happening before commanders thought it was prudent. they haven't had the time they were promised to conduct a thorough counterinsurgency mission, so with their departure you'll have people like the president of pakistan, others, including the pakistanis, you'll see more erratic behavior as
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they have to make deals with people like the taliban, like the haqqani network. jenna: but will more time in that region of the world do things we're told that our mission is to achieve there, which is a stable afghanistan as well as a better relationship or partnership between afghanistan and pakistan? >> right. unfortunately, parking lot of the policy has been predicated on cooperation with pakistan. this theory being we would buy their friendship to cooperate on terrorist issues and to secure their nuclear issues. this is sort of the received wisdom from the washington foreign policy establishment that has proven incorrect. pakistan harbored bin laden, they cooperate and use terrorists as instruments of national policy -- jenna: so do we pull back all that money? dropping our presence in afghanistan, do we then simultaneously pull back some of the aid from pakistan? what would that do to the region? >> unfortunately, i think it has come to that because our money there is rewarding bad behavior. they're happy to take the money,
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they just never deliver the goods they say they're selling, so it's fueling corruption, the economic part of it fuels corruption, and they really, there's minimal cooperation. this was alluded to, of course, even in the recent foreign policy gop debate. but it's pretty minimal and, in fact, they are still harboring terrorists, the haqqani network, taliban elements -- jenna: and that's what some are suggesting happened over the weekend, the taliban were using the base to launch an attack on our u.s. troops, and the afghanis that they were training, and our u.s. troops called in air support. that's one of the storylines still being investigated. but the likelihood of that being a realistic scenario, what would the likelihood be? >> it's certainly possible, and; of course, though pakistan has used it not to emphasize the danger posed by the taliban, but to point the finger at the u.s. and make life increasingly difficult for us, they have no credibility, and the allegations they're making that this was an unprovoked attack, it was almost certain that nato forces were
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acting in self-defense. jenna: an interesting point. not blamed on any sort of chaos of wash. it's a story, of course, still developing. nice to have you on set with us this time around. jon? jon: we are awaiting in this fox news alert one of the big events of the day, the sentencing of dr. conrad murray, michael jackson's doctor convicted of manslaughter in the king of pop's death. when we get to the sentencing and one of the big questions of the day, whether or not dr. conrad murray will actually testify in his own behalf, we'll take you there live. dry mouth may start off as an irritant. it'll cause cavities, bad breath. patients will try and deal with it by drinking water. water will work for a few seconds but if you're not drinking it, it's going to get dry again. i recommend biotene. all the biotene products like the oral rinse...the sprays have enzymes in them. the whole formulation just works very well. it leaves the mouth feeling fresh. if i'm happy with the results
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you can access the pharmacy saver program, with prescriptions as low as $2, at thousands of pharmacies all across the country, including these. call unitedhealthcare now. tell us about your situation. we can help you choose the right plan for your needs. [ male announcer ] don't wait another day. you only have until december 7th to make sure you get the medicare coverage you need. call unitedhealthcare to learn about medicare plans that may be right for you. with some plans, you can enroll right over the phone. don't wait. call now. ♪ >> hi, everybody, we're at the fox news assignment desk taking a look at an important story because this hour we expect to learn the fate of dr. conrad murray. here's the scene outside the courthouse in los angeles, california. it is sentencing day for the doctor, he will learn his fate after his conviction of involuntary manslaughter in the
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death of poptarmichael jackson. a live look inside the courtroom as murray is sits there. there will be impact statements, and we're waiting to hear the sentence. it could be four years in prison, or it could be just probation and no jail time. we've got it live, and we'll take you live to california as the second hour of "happening now" starts right now. jon: and we begin this hour of "happening now" with breaking news from the herman cain campaign. our chief political correspondent carl cameron has that now. he's joining us live from washington. carl? >> reporter: hi, jon. well, yesterday mr. cain was subjected to yet another allegation from a woman from his past, this one ginger white who said she'd been having an extramarital affair with him for some 13 years and showed records, phone records and documents that suggested the two had had phone calls and text messages as recently as eight months ago including those two herman cain's personal phone. at 11:00 this morning eastern
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time, the cain campaign conducted a teleconference with some of its key advisers, staffers and volunteers around the country, and on that call mr. cain told his senior staffers that he wanted to have an assessment of his campaign, that he was going to sort of reassess staying in the race. this is a direct contradiction to thing that is mr. cain and his staffers were saying yesterday when the woman made her allegations, allegations that he adamantly denied. last night as a closed fundraiser that took place in virginia just outside of washington, mr. cain told reporters that he'd swear on a stack of bibles that her allegations were untrue, and he continued, and he said he would continue to stay in the race and continue to campaign on. that, apparently, has changed. we're not clear exactly on what this assessment or reassessment might involve, whether it's purely mr. cain's doing or whether there will be staffers taking a look at the financial and organizational viability of his candidacy over the next few days. but mr. cain did tell his senior
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staffers, volunteers and advisers around the country that he was going to take a look at all of this, and he'd let them know what he was thinking in the next few days, jon. potentially, a big change for herman cain who is no longer saying he absolutely will stay in the race, now he is assessing his candidacy and the state of his campaign. jon: a very brief statement, but it could have a lot of implications. carl cameron, i know you'll stay on top of it for us. thank you. just past high noon at least here on the east coast. hello, i'm jon scott. jenna: hi, everybody, i'm jenna lee. the president is visiting another swing state tomorrow, this time talking about jobs in scranton, pennsylvania, a largely blue collar, working class town. the unemployment rate there is 9.7%, the worst in the state. a.b. stoddard is joining us now. why scranton and why now? >> well, the president is eager to tour the country and particularly swing state toss tout his jobs -- to tout his
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jobs will which is going nowhere in the congress, but it's an interesting question about scranton. the president won pennsylvania, and he might, if things change, win again, but he's not likely to win parts of pennsylvania like scranton. i think it's part of, he's taking the advice of people who are telling him that he should go where he can't win and stand up for his agenda anyway and for his principles and take, you know, take the message to the republicans in congress and try to put them on the defensive. scranton is not obama country, and it's not likely to be next fall. jenna: it's interesting to read a report from scranton, pennsylvania, saying when hillary clinton was campaigni there in 2008, a thousand people lined up to get a ticket to hear her speak, and then monday the line for free tickets for the president was around 225 people. there wasn't too much of a wait to get, to get in line there. "the wall street journal" has this to stay in an opinion piece today about the president and his strategy and going to
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pennsylvania, saying, yeah, he's going to go to pennsylvania today, but in general the democratic party -- and i'm quoting here from "the wall street journal" -- is abandoning the white working class as they race for 2012. do you agree with that? >> i don't know that they are, jenna, but i think that, um, that president obama knows he lost very badly among working class whites to hillary clinton in pennsylvania and other places by 41 points in the west virginia primary in 2008, and he did not win them, obviously, in the general election, he's not likely to do well with them again. in fact, there's evidence that his support among them has eroded further, and he's going to have to make up in the numbers among nonwhite voters or he's going to lose non-college educated whites badly, and he lost white college-educated voters by four points last time. he's hoping to up those numbers,
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but he expects to lose white working class voters just like he did against hillary clinton, john mccabe and this time against his next rival. jenna: do you think the republicans have a strategy to pick up those folks that the president, as you say, could potentially lose going into next year's election? >> well, any demographic challenge for the president is an opportunity for the ultimate republican nominee, for sure. they're going to campaign hard in places where the economy has hurt the most, where unemployment is the highest, and they're going to be looking at those battlegrounds, michigan, wisconsin, ohio, indiana, pennsylvania for victories over president obama in states he previously won, especially ones where it was close and they have turned against the president. but, you know, it is going to really come down to this simple message about republican economic policies versus the president's. and he is hoping that, you know, a year from today he will have been able to change enough white college-educated votes to make up the difference. he needs to win more than 80% of
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non-whites, but he's hoping that in a fight over whether or not republicans are willing to tax the wealthy, um, he can win that and persuade enough white college-educated voters to support him. jenna: it'll be interesting to see how that will develop over the next year because it's a long year and a lot can happen between now and then. i asked the question about whether or not the republicans have the right strategy to pick up those votes because i'm curious about your thoughts of disillusionment in general with the political process. we talk about the working class really coming out for the tea party in 2010, but we see the approval ratings in congress, and they're low. and people feel, it seems generally, disi pointed -- disappointed with government overall regardless of the party. so i'm curious on your thoughts of how that disillusionment could play out in 2012. >> i think it's a benefit to the republican nominee who can say they're running as an outsider.
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jon: fox news alert, breaking news out of iran where some so-called student protesters stormed the british embassy not absolutely possible to prove that these are actually students. the white house and great britain are condemning reports of vandalism, looting and even embassy staff members being held hostages. vestiges of 1979 all over again. this is all, apparently, in response to new british sanctions on iran's financial sector. over concerns about tehran's nuclear ambitions. we will have much more on this story for you later this hour. in the meantime, there's a lot of concern about iran's intentions once u.s. troops leave iraq next door. that's all happening in the next month or so. the first brigade, first cavalry division protects the main supply route from baghdad to
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kuwait, and even though combat is officially over, these men and women will be the last to leave iraq. dominic di-natale is streaming live with more from baghdad. >> reporter: jon, first brigade, first cav division have actually felt very much the extent of iraq's reach into -- iran's reach into iraq. here we are, contingency operating site echo, and there's been incoming for quite some time. we did actually have an incoming warning this evening, so it feels very, very close. it's one of the reasons why the soldiers have to continue to protect themselves as well as the convoys as they leave iraq. we caught up with one of the servicemen as he was preparing to protect some of his troops in the wake of a fresh convoy coming through. this is what he had to say to us and it spelled out just how dangerous it still is. >> the main threat nowadays is,
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like, rockets hitting the fob, the whole thing behind -- [inaudible] is to do presence patrols and kind of minimize that risk. to be a part of the last unit to pull out of iraq is an honor. being that this is my third deployment, came a long ways, all the different units in the past, put all the hard work in and dedication, it's an honor. >> reporter: and what's that final moment going to be like when you cross the border into kuwait and you're genuinely out of here? >> i wouldn't say a sense of relief, but like i said, it'll be a happy moment that i will always remember. >> reporter: it will be an immense sigh of relief, and, you know, you've got to count up all the sacrifices that u.s. soldiers have made here in the past eight and a half years. 3,000 u.s. soldiers killed, and that's going to be recognized by the iraqis in a couple of days'
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time. joe biden has arrived in country to attend that event, and he'll also be attempting to deepen further future ties with iraqis once u.s. troops pull out including defense and security agreements to the point that perhaps one day u.s. soldiers may return in a continuing training role. quite how many remains to be seen, and that also depends on the stability of iraq and whether iraq turns to the united states once more and asks them to come back and help in a more conflicted situation. back to you. jon: they have made some tremendous gains there, and our hats are off to all of them, the marines, the naval personnel, the the soldiers. dominic di-natale there with the last unit to be leaving iraq. thank you. jenna: rockets fired from lebanon striking northern israel early this morning according to the israeli army. no casualties or major damage reported on either side, and so far no one is claiming responsibility for this. reena ninan is following this live from our jerusalem bureau.
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reena? >> reporter: hi, jenna. thought about timing, this is always happening as tensions in syria are boiling over, and the world's focusing on iran's nuclear weapons program. but hezbollah has denied any involvement. how this happened was four rockets were fired from southern lebanon into israel late last night. one of them actually hit a chicken coop at one point. a militant group has claimed responsibility now, jenna, members are known to hide out in refugee camps in southern lebanon. they don't really have a large weapons cache, but they're able to kind of rev up the tensions. the u.n. peace-keeping force in southern lebanon deployed extra troops to the area, they said they will investigate this situation. what everyone fears is a repeat situation of the 2006 war between israel and lebanon, that's something no one wants to see. israelis say they continue to hold the lebanese government responsible for this latest attack. israel responded by firing four
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artillery shells. they really don't want to see an escalation at the border. for israel right now, they want to see the removal of the syrian president as much as the international community does, too, so they want the attentions to be focused more on these efforts as opposed to a border skirmish. jenna: an important part of the world to continue to watch. thank you very much. >> reporter: you bet. jon: new developments in the search for a missing woman in florida. what police are now saying about michelle parker's former fiance and what they think might have happened to the young mother. also, it looks like one of those protests that unfolded in europe, but this is washington state. why thousands are protesting at the capitol there. rick is at the web wall. >> we've got a story about the construction work outside the oval office on the grounds of the white house, some digging. the white house says they're just trying to update utilities,
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basic infrastructure type stuff, but not everybody's buying that, and we have a poll on our web site today. go to the "happening now" home page at what do you think that the government is building you should the white house? -- under the white house? we've got some choices for you to weigh in, a new situation room, a new area 51. take the time right now during the break and vote, and we'll have the full story and the results of the poll coming up a little bit later on. we'll have more "happening now" after a quick break, don't go away. or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.
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jenna: right now some new information on a few crime stories we're watching today including this one in orlando. police there saying the former fiance of michelle parker is the primary focus in her disappearance. parker vanished on november 17th just after she and dale smith appeared on an episode of the "people's court" to resolve a dispute over an engagement ring. we'll bring you up-to-date if we hear more. the government aglees to pay $2.5 million to the family of a man kill inside the 2001 anthrax
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attack. robert stephens worked for the publisher of the "national enquirer" with letters filled with the poison were mail today the newsroom. and both the state and lawyers for joshua come komisary wrapped up their cases in connecticut. if convicted home invasion killer could get the death penalty. jon: just in to the fox newsroom, a clip of our bret baier's interview with mitt romney, romney talking about what has become one of the hot button issues of this political campaign, illegal immigration, and what to do about it. here's a preview. >> my view is pretty straightforward. for those people who have come here illegally, they should have the opportunity to get in line with everybody else who wants to come into this country. but they go to the back of the line, and they should be given no special pathway to citizenship or permanent residency merely because they've come here illegally. >> and they do it outside of
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this country? >> whether they, whether they apply here or whether they apply by going home, i think i've said in the past, i think it makes more sense for them to go home if we set up a system for them to apply here. my view is that to get a permanent residency in this country, those that have come here illegally should not be given a special pathway or right to become a citizen or permanent resident. jon: bret baier just spoke with mitt romney, the republican presidential candidate. he will have much more of that interview tonight. tune in the to "special report," 6 p.m. eastern time. jenna: doing a lot of work in florida, that bret baier. new information out of washington state, now, after a special meeting on the state budget descend into chaos. thousands of protesters greeting lawmakers for day one, day one, of a 30-day special session. the issue is how to fix a whopping $34.1 billion deficit. it's clear this is not going to
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be an easy process. it's probably a bit of an understatement. dan springer is live in seattle with more on this story. hi, dan. >> reporter: yeah, definitely, jenna, it could be a long and tense month as protesters are vowing to be back at the capitol today and every day of this 30-day special legislative session. now, the demonstrations were mostly peaceful yesterday throughout the day as several thousand people gathered on the steps of the capitol, some carrying signs for higher taxes on the rich. then later in the afternoon many disrupted a public meeting of the budget ways and means committee. one protesters was arrested, and the meeting stopped for a half hour. but the real chaos happened around 7:00 at night. the capitol building officially closes to the public at 5:30, but several hundred protesters had no intention of leaving. state troopers started hauling dozens of demonstrators out one by one, then a group of 30 tried to storm one of the doors, and troopers fearing for their safety pulled out their tasers
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and stunned four of them. one of the officers was bitten during that confrontation. in all, four people charged with assault and obstruction, another 30 peoplissued tickets for trespassing. the clash does not bode well for the session which lawmakers are charged with closing a $1.4 billion budget deficit. the governor has proposed $2 billion in spending cuts, many to education, public safety and social services, but she also wants the legislature to put a referendum in front of the voters early next year allowing them to vote on a half cent tax increase to the sales tax to avoid those cuts. she says that tax would be temporary, but the occupy capital crowd is not satisfied, theyant taxes only to be applied to the rich. demonstrators will be back at the capitol at 1:00 today, among them will be a group called ruckus society who will train people to create a media
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spectacle. they succeeded yesterday. jenna: dan, thank you very much. >> reporter: sure. jon: there are some new developments in norway where a mass murderer who slaughtered 77 people in july has just heard something from a court. the confessed killer could end up avoiding jail. plus, british diplomats under attack as hard liners invade the parish embassy of tehran. in tehran, i should say. the crowd chanting, "death to england." what's behind all this violence? how's it going to effect international diplomacy? shades of 1979 all over again. what makes scottrade your smartphone's
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jon: in norway right now prosecutors are saying the confessed gunman who killed 77 people, many of them children,
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during a bloody rampage last july, that he is insane. rick folbaum on what this means as the case moves forward. >> reporter: psychiatrists in norway have interviewed anders breivik 13 times since he slaughtered those 77 people back in july, they've always talked to his mother and examined his complete medical history, and according to reports today they have found him to be clinically insane. a prosecutor says the doctors found that breivik is a paranoid schizophrenic and this ruling means that it's possible the 32-year-old man who, as you said, has confessed to this massacre, could avoid jail time completely and instead be admitted to a mental facility. to remind you the awful details, breivik first set off a car bomb outside the prime minister's office in central oslo. eight people died there. then he went on a shooting spree at a youth retreat on a nearby island. the young people were, basically, trapped. 69 of them were killed. he told police the attacks were
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atrocious but necessary to protect norwegians from multiculturalism and muslims. now, jon, the court will have the final say, but this is going to be the recommendation of those court-appointed psychiatrists. back to you. jon: unbelievable, rick, thanks. jenna: some breaking details out of iran at this moment as violent protesters, some are calling them not protesters, storm the british embassy. embassy staff reportedly held hostage with major vandalism and looting at the embassy and one other area. the white house just condemning the assault moments ago on the embassy in, quote, the strongest terms. we'll get into what that means in a moment. in the meantime, the virtual riot you're seeing on your screen was all, apparently, in response to new british sanctions. those sanctions are part of an international response to a recent report that says iran is developing nuclear weapons. jim walsh is an international security expert with mit securities studies program, he's been back and forth between iran
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for some time now. how do you make sense of what exactly is happening in iran right now? >> i think you put your finger on it, jenna. this started back early in november with the iaea report questioning iran's behavior in the nuclear world. iran, then the u.s. and britain and other european nations responded with sanctions. but britain went a little farther than most other countries. in addition to general sanctions, it also targeted iran's central bank. that's a big deal. that's a line other countries have not been willing to cross so far, and in response to that, then the iranian parliament kicked out the british ambassador, told him he couldn't stay in iran anymore, and you had this protest today, more than a thousand people. you know, these protests in a country like iran today, right now, these protests don't happen spontaneously. there are certainly people who are in that, mostly young men, young, poor men who are regime supporters, but i'm sure they got the green light from the government, and this was sort of a managed affair.
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jenna: it's interesting, we're searching for words at times to try to describe what exactly is happening there, calling them students or what. we really don't know. we're getting the news into the newsroom on this, jim, you know, you mentioned the sanctions against the central wang. some u.s. lawmakers mentioned that as well as something other countries should do. is it a sign that that sanction is strong enough to work, is actually going to effect the regime in the way that we want to see it effected? >> well, there are two questions here, jenna. one on the sanctioning the bank, there are two bills in congress, one in the house and one on the senate on this. there is some concern, however, if you sanction the central bank of iran, what impact is that going to have on the world economy, on oil prices at a time when unemployment and economic growth are real concerns not only in this country, but internationally, and there's also concerns about the impact that would have on other allies like japan and india as we try to get their cooperation to deal with iran. your second question is exactly the right question. it's the core question when it comes to sanctions.
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yes, we can impose sanctions. sanctions are not a magic wand, however. you have to ask yourself will the sanction yield the result that you seek? you can punish people, but are you punishing the right people, and if you punish them, are you punishing them enough that they will change their behavior? that's the unknown question right now. my own view is that sanctions are helpful, but they're not going to work by themselves. you need other tools to try to change the direction iran is on. jenna: let's get to those tools. here's the response from the white house, i've separated it into two parts. it's a longer statement, but it starts out by saying this: jenna: so read between the lines there a little bit, jim. what exactly are we saying, and what other tools should we be considering at this moment? >> well, i think there are two different questions. tools, i think n that context are talking about supporting the
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british at a time when iranian, the iranian protesters have broken international law more than one treaty that says you cannot attack a embassy. every embassy is sacrosanct. iranian embassies in britain, you know, all over the world, those are supposed to be protected areas. and what the u.s. is saying in that statement is we're going to back the british 100% on anything they think is appropriate for a response here. jenna: jim, i'm going to have to -- if you could just stand by for a second, we might have time to finish this, but i need to take a quick pause because we have breaking news out of los angeles at this time. jon: we are about to hear the sentence for dr. conrad murray. adam houseley is live in los angeles. >> and it's important -- jon: all right -- >> for the court to realize -- jon: let's listen to what the judge has to say. conrad murray facing sentencing in his conviction on manslaughter charges. >> and the fact that a jury of 12 people from remarkably different backgrounds and life
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experiences concluded unanimously and beyond a reasonable doubt that dr. murray had, with criminal negligence, caused the death of michael jackson. it's important to emphasize the standard of criminal negligence found by this jury beyond a reasonable doubt. because some may feel this was a medical malpractice case. it wasn't. it was and is a criminal homicide case. and this jury found beyond a reasonable doubt that the defendant, with criminal negligence, caused the death of michael jackson. and criminal negligence is defined as follows: criminal negligence involves more than ordinary carelessness,
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inattention or mistake in judgment. a person acts or fails to perform a legal duty with criminal negligence when, one, he or she acts or fails to perform a legal duty in a reckless way that creates a high risk of death or great bodily injury and, two, a reasonable person would have known that acting or failing to performing a legal duty in that way would create such a risk. a person acts with criminal negligence when the ways he or she acts is so different from the way an ordinarily careful person would act in the same
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situation that his or her act amounts to disregard for human life or indifference to the consequences of that act. it's important to remember and focus on those terms and not to treat them cavalierly as some might by saying, oh, well, it just happened. and, oh, well, if it weren't for dr. murray, someone else may have been involved. i categorically dissociate myself from those types of statements. this is not a question about what might have happened or what if someone else had been involved if not for dr. murray. that is an insult to the medical
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profession. the fact is that michael jackson died because of the actions of and the failures to perform legal duties on the part of dr. murray. not some other medical doctor. and also not exclusively because of michael jackson. i accept mr. cher november's invitation to read the whole book, and i have. i've been impressed by the submissions from family and friends and associates of dr. murray. it is a book of dr. murray's life. but i've also read the book of michael jackson's life. not isolated chapters from either. regrettably as far as dr. murray
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is concerned, the most senate chapter -- significant chapter as it relates to this case is the chapter involving the treatment or lack of treatment of michael jackson. and michael jackson died not because of an isolated, one-off occurrence or incident. he died because of a totality of circumstances which are directly attributable to dr. murray. not some mistake or some accident in the early morning hours of june 25, 2009, but because of a series of decisions that dr. murray made which jeopardized his patient, which violated his obligations to his
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patient and the essence of his hippocratic oath. those violations overcome the other aspects of dr. murray's treatment of other patients and the good deeds he may have done before that time. dr. murray created a set of circumstances and became involved in a cycle of horrible medicine. the practice of propofol for medicine madness which violated his sworn obligation for money. fame, prestige and whatever else may have occurred. so i don't look to one isolated
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incident in terms of the misdeeds of dr. murray or the deeds of dr. murray. but insofar as this case is concerned, dr. murray engaged in a recurring, continuous pattern of deceit, of lies and, regrettably, that pattern was to assist dr. murray. it is almost inconceivable that dr. murray would have persisted in this pattern over such an extensive period of time. the lies, the deceit began and continued as we heard for six weeks worth of testimony to build up an absolutely
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astounding set of circumstances. the lies from the inception of his medical relationship at the holmby hills residence in the terms of ordering propofol in staggering quantities, unprecedented quantities. the lies to the pharmacy and to the pharmacist. the sophisticated, intentional deception in that regard. the lies and repeated deception to those associated with mr. jackson whether it be members of the staff and, also, members of the production team, aeg and mr. jackson's personal and professional associates.
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the continuing series of lies to michael jackson's security and staff personnel at a critical point in time. the unconscionable lies to health care providers, lifesavers, paramedics and medical personnel at ucla which were not designed to help his patient. quite the contrary, which were designed to deceive and give dr. murray a way out. the efforts on the part of dr. murray to subvert the process by attempting to destroy evidence. subsequent efforts to cover up by distortions and lies to law enforcement. if one looks to the crime of involuntary manslaughter in a
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vacuum, one can say this may be something that went terribly wrong, and it's tragic. but it's so critically important not to have a superficial gut reaction to what happened in this case, but to look at the totality of circumstances in terms of the longstanding failure of character on the part of dr. murray to serve his patient. and when one does that, one can't help but be offended by the circumstances in this case. of everything i heard and saw during the course of the trial, one aspect of the evidence stands out the most, and that is
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the surreptitious recording of michael jackson by his trusted doctor. and i have repeatedly asked myself why did this happen and for what reason. and i can speculate and surmise that there might have been some justifiable reason, some benefit to michael jackson. that would be an entirely unreasonable conclusion. that tape recording was dr. murray's insurance policy. it was designed to record his patient surreptitiously at that patient's most vulnerable point.
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can't even imagine that happening to any of us because it's a horrific violation of trust. and i can't help but wonder that if there had been some conflict between michael jackson and dr. murray at a later point in time in this their relationship -- in their relationship, what value would be placed on that tape recording. if choice were to release that tape recording to a media organization to be used against michael jackson. and regrettably, that failure of character was come pounded -- compounded by later actions on the part of dr. murray, each of which amounted to a betrayal of
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trust and confidence and a clear violation of the doctor/patient relationship. and an undermining of the phenomenal role and responsibility that health care personnel -- doctors, nurses, paramedics, health care aides -- perform in our society. we revere medical doctors, and we should. because they work diligently, and they serve, and they make sacrifices to keep us well. and unquestionably, dr. murray did that. but at some point things went terribly wrong for dr. murray, and when he had an opportunity, he didn't get out. he stayed in, and he got deeper and deeper in trouble, and he betrayed the very oaths and ten tenets of his medical profession. so i do look to the totality of
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circumstances, and when i look to the totality of circumstances and when i look to the whole book, the book of dr. murray's life, i also look to the chapter that disturbs me most, and that's the chapter to which i referred. i can't say that my opinion changed after i became aware of the production involving dr. murray, after the jury verdict in this case. when dr. murray says, "i don't feel guilty," that's what he says. mr. chernoff acknowledges candidly that there's fault here, but you're not hearing it from dr. murray. you didn't hear it at the time that dr. murray interacted with the security staff and the staff
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at the holmby hills property. you didn't hear it from dr. murray when he encountered members of the paramedics squad, you certainly didn't hear it when dr. murray encountered doctors cooper and ngyugen, and you certainly didn't hear it during dr. murray's interview in this faux documentary, faux reality production wherein dr. murray says i don't feel guilty, i wasn't reckless, i didn't tell them about propofol because they never asked the question, and it wasn't important, and where dr. murray at that point says he feels betrayed and entrapped by michael jackson. yipes. talk about blaming the victim. not only isn't there any
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remorse, there's umbrage and outrage on the part of dr. murray against the decedent without any, any indication of the slightest involvement in this case. to hear dr. murray say it, dr. murray was just a bystander who sort of came upon a scene and was put in this situation because of everybody else's actions other than himself whether it be members of the family, whether it be members of aeg, whether it be mr. jackson or anybody else. those are factors which cause me tremendous concern. because the essence of probation is a recognition that someone may have done something wrong,
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some responsibility, some remorse. why give probation to someone who is offended by the whole idea that that person is each before -- is even before the court? you can't have probation when there isn't an acknowledgment of rehabilitation and responsibility. and regrettably, dr. murray doesn't have any of them. dr. murray certainly is statutorily eligible for probation. i looked value yaptly -- valiantly for efforts to satisfy myself that while dr. murray was legally eligible for probation, he was suitable for probation. and i really didn't become convinced i could find any. dr. murray is eligible for
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probation. the court declines to grant probation in this case for a host of reasons. and in making that decision, i acknowledge that dr. murray has throughout his 58 years provided services to the community and has helped many individuals. but i also acknowledge that he unquestionably violated the trust and confidence of his patient, mr. jackson, on a repeated, nightly basis. michael jackson as a patient was vulnerable because dr. murray put mr. jackson in a position where dr. murray was responsible for the very life of mr. jackson. dr. murray engaged in a sophisticated scheme tobtain
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propofol through insidious means by lying to the pharmacist to concoct a story, by not keeping records and by allowing his personal life to interfere with his professional responsibilities. at the very time that people are depending upon dr. murray to be candid with them regarding mr. jackson's medical condition, dr. murray is lying. he's lying to the aeg people, he's lying to mr. ortega, he's lying to the insurance carrier and anybody else he can, and he's engaged in personal matters while he should be paying attention to his patient. anybody who takes an objective view of what was going on here has to come to to the conclusion
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that dr. murray abandoned his patient. and this is not a simple up with-off occurrence -- one-off occurrence. this is an unacceptable, egregious series of departures from the appropriate standard of care which undermine the physician/patient relationship and which are a disgrace to the medical profession. an honorable profession which bears the blot, the scourge of what happened here. so, again, we're not talking about a single, isolated mistake. what we're talking about is a gross, continuing deviation. so for those factors the court makes a determination that dr. murray is not a suitable candidate for a grant of
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probation. the request for probation under the rules of court is denied. the question then becomes, what is the appropriate period of incarceration. the court has many options. including hybrid-type sentences as authorized by the realignment act of 2011 and straight sentencing. this court does not have the legal authority to actually send and imprison dr. murray in state prison. i do not have that legal authority, and i certainly am going to follow the law in that regard. the legislature of this state signed a realignment act that declares certain offenses, while felonies, not to be served in
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state prison, and involuntary manslaughter is one of those. i do not have that legal authority. i must determine the appropriate sentence, and in making that determination the court is guided by a triad of possible sentences that the court can impose; two, three, or four years. the court no longer has to weigh what are called aggravating circumstances or factors versus mitigating circumstances or factors, but has to give a statement of reasons. the court has determined that the appropriate term is the high term of four years imprisonment. i do so because, once again, i find that dr. murray abandoned his patient who was trusting him, his patient was vulnerable under those circumstances having
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been administered potentially dangerous drugs by his medical provider, dr. murray's course of conduct extended over a period of time, dr. murray repeatedly lied, engaged in deceitful misconduct and endeavored to cover up his transgressions, he violated the trust of the medical community, of his colleagues and of his patient, and he has absolutely no sense of remorse, absolutely no sense of fault and is and remains dangerous. it's easy to say, oh, well, dr. murray's a medical doctor, he's a smart, sophisticated man. he does not have a criminal history. he may not be licensed to practice medicine in the future,
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although that has nothing to do with me. i have no authority over that. the fact remains, dr. murray is offended by that patient dying, and i don't have any idea what will prompt dr. murray to do or not do something in the future that may be dangerous to a patient. if he does practice medicine in the united states or even elsewhere, i think dr. murray is so reckless based upon the law and the definition of criminal negligence that i read and everything that i heard and saw in this case, and dr. murray's subsequent conducts -- conduct, that i believe he's a danger to the community. i've taken into account all of the factors. i've stated my reasons, and
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those reasons, the nature and character of the offense distinguish this charge of involuntary manslaughter in this case and this conviction of involuntary in this case from other cases involving involuntary manslaughter. and there's a fundamental aspect of the criminal justice system which is involved here. and that is the fundamental aspect of punishment. it should be made very clear that experimental medicine is not going to be tolerated, and mr. jackson was an experiment. the fact that he participated in it does not excuse or lessen the blame of dr. murray who simply
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could have walked away and said no as countless others did. dr. murray was intrigued by the prospect, and he engaged in this money-for-medicine madness that is simply not going to be tolerated by me. so as to sentencing in this case, the request for probation is denied. the court imposes the high term of four years imprisonment in this case. pursuant to the realignment act of 2011 and the provisions of penal code section 1170, subdivision h, that four of year sentence is to be served in the los angeles county jail. jon: well, you heard it there, four years is the sentence, the maximum that could be handed down to dr. conrad murray, the man found guilty of homicide in
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michael jackson's death. four years was the maximum, he will probably serve less than that. the judge is really throwing the book at him. more on megyn kelly's hour at the top of the hour. ♪ ♪ ♪ [ male announcer ] everyone deserves the gift of a pain free holiday.
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