the supreme court ruling on healthcare generating a lot of feeling. we would love to hear how you feel in particular about the report of chief justice roberts. what do you think of the tom-kat story? should scientology matter? let me know. here's trace gallagher in for shepard. >> thank you. the news begins anew on "studio b." deadly storms left millions without power amid triple digit temperatures. utility workers say it could take days to get everyone's air conditioning and refrigerators running. the wife and mother of this missing millionaire accusing each other of using his disappearance to take control of his $100 million fortune. a lawsuit against google and yahoo accuses the internet giant of illegally scanning emails even if you don't have an account with either of them. that's all ahead unless breaking

news changes everything on "studio b." but first from fox at 3:00, millions of people across the mid-atlantic are without power for a third day as temperatures continue to hover in the triple digits following deadly summer storms and utility officials warn it could be days before electricity is restored. the blackouts stretch all the way from north carolina up through new jersey and as far west as illinois. right now ice is a top commodity. food is rotting and with record heat in some spots, the lack of air conditioning is a potentially dangerous factor. some folks left town to stay with friends or relatives who have power. others are taking refuge in temporary shelters or public places that didn't get hit. listen. >> we've been to ikea, which is air conditioning. now we're here to cool off. kids got a movie. we'll watch it on the laptop and

hang out here then go to find a neighbor with air conditioning and sleep in their basement. >> we have a generator at my house. we lost power at 10:30 friday night. >> fox news confirms at least 23 people died in the violent weather which continued through the weekend in some parts. now another round of storms is expected to hit the upper midwest and no letup from that sweltering heat. we have janice dean with the forecast from the weather center. first, mike emanuel in river park, maryland. how are folks dealing with this situation? >> trace i think they're doing well considering it's blistering hot since friday night when the power went out for many in washington, d.c. take a look at these two cars here where it was virtually like tornadic activity. we saw the roof of this building

smash up a bunch of cars. residents have been allowed to go in their apartments to gather items then they have to go back to a shelter because it's not safe here. we talked to one resident a short time ago and he's just trying to roll with it. >> now, since it's summer and power is out, it brings people outside. the fact that the power is out, people are sticking together and coming closer together just because the power is out. it unites us in a strange way. >> reporter: so people sticking together so far. up the road in baltimore about an hour or so north of here, also a mess as straight line thunderstorms went through baltimore on the way up to new jersey and a deadly incident, folks here who survived just trying to make the best of it so far. >> we keep talking about how millions are without power. what do we hear from the utility companies about when it might come back on?

>> a lot of the utility companies say it will be a full week, so others are saying they don't want to predict. that seems to wear on the residents but also elected officials. take a listen to the mayor of washington, d.c. >> pepco's pace of restoring power to me is unacceptable and the speed of their response disappointing. how many times have we been through this before. frankly most would agree fridayo restore power. >> reporter: especially when you consider the heat is expected to stay in the 90s probably the next few days. so as the days go by with the heat, lack of air conditioning, lack of refrigeration, all indications are some patience are wearing thin. >> storms, blackouts and now another day of oppressive heat

for many. let's get to janice dean in the fox extreme weather center. what kind of temperatures are we looking at? >> we're not dealing with 100-degree temperatures but days where you're dealing with 90-degree heat and humidity, certainly high 90s, into the 100-degree range. so that's tremendously stressful in the northeast and mid-atlantic. the current temperatures, 94 in d.c., 92 in raleigh, 95 in columbia. this is widespread across the ohio river vale towards the south and central plains. that continues the next several days. your heat index, the heat and humidity combined, feels like 94 in d.c., 92 in raleigh and 103 in columbia. a few degrees below what we've seen over the last few days but still, when you don't have air conditioning, this is a major problem and extraordinarily dangerous. people need to band together and help neighbors.

heat advisories, upper midwest through the ohio river valley, parts of the southeast and mid-atlantic where with the heat and humidity combined, it will feel like the upper 90s and 100 degrees. so 101 in columbia is the heat index, 102 in chicago. they were hit with storms over the weekend. a lot of folks without power there. this is a widespread problem. when look where we should be this time of year, in some cases, five, 10, 15 degrees above where we should be heading towards wednesday. kc towards 102. this will continue for much of the workweek. >> what are we seeing about the future forecast of severe weather? is it going to be bad again? >> upper midwest needs to pay attention for severe weather but heads up, because july 4th on wednesday, we're looking at some potential for severe weather over the mid-atlantic towards the northeast.

d.c. to new york city, up towards boston. we could see maybe not a repeat event of that storm that went through but we could see more damage to areas already seeing incredible damage from the weekend storms. we'll keep an eye on that. that's our severe weather threat tonight. wednesday, hard hit regions need to pay attention. >> janice dean, live in the weather center. thank you. folks returning to homes in colorado springs getting a firsthand look at the impact of the most destructive wildfire in colorado's history. take a look. amateur video from a 79-year-old homeowner seeing the charred remains of his house for the first time since the flames jumped containment lines nearly a week ago. you can see all that's left is a bathroom wall and there, an air conditioner. that homeowner is a war veteran who calls the devastation an

obstacle. other folks call it unreal. the wildfire has destroyed some 350 homes and as crews continue to fight the flames, thousands of people are still under orders to stay away. adam housley is live for us in denver. adam, do we know what caused this fire? >> reporter: we don't know. there's been a couple of fires that burned big in the last couple weeks. one was started by lightning. this one there have been rumors out for the waldo canyon fire. the department of justice is helping local authorities look into this. last night all local television stations were running promotions on the air saying if you have any idea what happened f you have any information, they put numbers on the screen asking for people to come forward suggesting it could not be an act of nature but they have not said what it is. firefighters say while they only have officially a 55% containment they're making

headway and cautiously optimistic as bulldozers have come from the u.s. army to help. when they spoke today they talked about some of the firefighting efforts involved in the fire. take a listen. >> we have really tough areas that we're working in. steep terrain. but we're having great success. weather today should expect strong and maybe erratic winds so that could be a little bit of work today. >> reporter: we haven't gotten the erratic winds yet but the humidity is higher than it has been. the heat, very warm, 92 degrees this time of day in denver. >> we focused on colorado and new mexico but it's july and this could be a horrific wildfire season for much of the west. >> and as we know, california hasn't started yet and arizona had a few fires but haven't gotten into the full fire swing thankfully. we have new have had from utah that just came in from a fire there but fires are burning in

montana, new mexico, colorado, utah, basically across the west. montana has the most fires. more than 1,000 structures have been damaged or destroyed from the fires so far. extremely dry conditions. this area of the country is waiting for monsoon rains and hope they come soon. further to the west, california and nevada are braving for what they may face as temperatures begin to rise. >> the worst normally begins in august and september. adam housley, thank you. the abuse that began with jerry sandusky could be threatening the entire penn state athletics program. the emails that reportedly show higher-ups at the school not only knew about the allegations against sandusky, they allegedly made a conscious decision to keep him away from the cops. plus, women who choose to deliver their babies after just 37 weeks may be doing their children harm in the long run.

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emails raising questions about the penn state child sex abuse scandal and how several members of the school top brass handled one accusations involving jerry sandusky. cnn reports in one email from 2001 penn state athletic director suggested officials work with coach sandusky in house to end the abuse instead of reporting it to state child welfare agencies. he said he came to the decision after talking with the late head football coach joe paterno. in another email the school's former president reportedly called this a, quote, humane and reasonable approach. but warned it could lead penn state, quoting again, vulnerable. coach paterno died this year.

a lawyer for the family released a statement saying in part, quote, he believed coach paterno believed the matter would be thoroughly and professionally investigated and he did not interfere or attempt to compromise the investigation. an attorney for the former athletic director says his client did his best in the face of a tough situation. less than two weeks ago a jury convicted sandusky on 45 counts of abusing young boys and he's due to be sentenced in the next few months. let's take this to the judge, senior judicial analyst andrew napolitano. the first question is did the athletic director and vice president of the university, are they required to report this to the authorities? >> well, it's -- it can get complex and subtle as to what is required to be reported. in reviewing the statute for the state of pennsylvania it was written when no one expected

coaches would make these observations. in the list of people obliged to report, coaches are not listed and college administrators are not there. the theory is you are responsible for a human being harmed, you have a duty to report it. none of the victims were penn state students or penn state football players so technically none of them fit into that category of people who, when the abuse -- of them is known, the people who know it and work for the university have to report it. so that probable relieves them of criminal liability. it doesn't relieve them of civil liability and of liability with respect to the ncaa. so the university could be harmed by the ncaa which would harm it tremendously financially. and the university could be harmed with respect to civil lawsuits if it knew these things were going on and did nothing to stop them.

>> because they can clearly show, you read emails, these men clearly knew they were doing the wrong thing by hiding this. >> there doesn't seem to be any question. it is unusual we would see emails and we haven't seen them. a reporter from cnn claims to have had the emails read to her and claims they were read by investigators to discovered them in the university's investigation of itself which, by the way, is conducted by the former director of f.b.i., louie free, who is no doubt conducting a thorough investigation. the fact he has these means they'll get in the hands of the lawyers of the people suing penn state, which will make those cases more expensive for penn state. they'll not resist the lawsuit or allow these cases to go to trial. it's going to pay a tremendous amount of money so the cases will go away. that may not help with the ncaa. >> and judge, i only have a few

seconds left but if this is found to be an institution wide problem, could this jeopardize the athletic program? >> absolutely. it could have profound jeopardy to the athletic program and that would have long term jeopardy to the university, which relies for its athletic program for a substantial portion of the money that it spends to operate the university every year. >> yeah, football controls a lot of things there. good to see you, judge napolitano. >> good to see you, trace. >> a man worth nearly $100 million disappeared from his boat. while his family fights over his money there's questions about whether he fell overboard or did he stage the entire thing? could he start over somewhere else? the millionaire mystery is coming up on "studio b." [ dad ] i'm usually checking up on my kids. but last year my daughter was checking up on me. i wasn't eating well. she's a dietitian and she suggested i try boost complete nutritional drink

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a millionaire to reportedly has a history of mental problems has gone missing in florida. now his wife and mother are battling for control of his massive fortune. 31-year-old guma ago i can't remember disappeared. the lights were on the boat and the engine running. while investigators tried to figure out what happened to him, his mother and wife apparently tried to take control of his $100 million estate. the sun sentinel newspaper reports he was diagnoseds a buy bi-polar. he vanished hours after his wife asked for a divorce but she denies that. fill, phil, is there evidence of foul play here? >> forft. lauderdale police

classify this as a missing case but it could b a kidnapping, murder, a suicide, a accidental death. two weeks ago the weather was much worse than today. big waves and wind when his boat washed assure, engine running. cell phone and wallet on the boat. but there was no guma aguilar. >> i love you. >> aguilar and his uncle and other investors sold their oil and gas company in '07 for $2.5 billion. his cut was $200 million though he has depleted about half of that. he did own big portions of pro soccer team and basketball team in israel. and the last known video from his surveillance camera on his house shows aguilar pacing

around the front door, smoking a cigarette and shortly there after he went out to sea even though there was a small-craft advisory. the coast guard did a search about the size of rhode island and did not see a body floating upstream at all. >> at this point who controls that $100 million worth of assets? >> well, he previously had an ongoing court battle with his uncle over control of the sale of the company but the newest court experience involving him, his estate, is between his wife, jamie, who was crying in court just the other day, and his mother, ellen both of home whom are trying to control the assets and the attorneys in court are accusing the other side of being greedy before there's a body here. in fact the attorney for the mother says the wife actually wanted a divorce.

>> just before he went on his boat, mr. aguilar had a conversation with his mother where he told her that he was just told by his wife she would be filing for divorce in the morning. >> ellen aguilar over here has been on the gravy train for years. >> one key to this missing millionaire is that the tie bar attaching the two outboard motors on the boat was broken. that is there for stability and it's possible if he's in rough seas, the tie bar comes undone and the engines snap around and you flip over and fall in the ocean. if you get caught in a gulf stream your body may never be found. >> phil keating, thank you. let's get to our legal panel. arthur aidala and randy zellen. arty, the mom files for control of this guy's assets before the coast guard is done searching.

what do you make of that? >> first, i want to compliment phil keating forgoing above and beyond a live shot on the beach. i'm sure he had to endure a lot of pain walking on the beautiful sand. >> he always does. >> god bless. it's a sad story and doing the research, what comes to mind is all of us want more money. everyone would like to be more comfortable. this is the quintessential money cannot buy you happiness. he had mental problems. his mother has been a big part of his life, probably protecting him his whole life and everyone needs to know mom doesn't needed money. she's rich. she's just trying to do the right thing and preserve the estate so it doesn't get depleted because his uncle thinks he's still alive and took off to run away from the troubles and problems he's

having. >> arty makes a good point. the mom was asked is this a setup? did he stage this? the truth is the mom doesn't need the money. >> look, i think that's somewhat irrelevant. i think at the end of the day what makes this case compelling and interesting is the fact that once upon a time, husband does a normal thing and says wife controls everything. all of a sudden scribble, scrabble, handwritten note, mom is out, mom is going to control everything. this is someone with a history of bi-polar, guardians having to manage affairs. mom is saying i'm in charge. they haven't even called off the search yet. what is going on here? >> someone's got to be in charge, trace. >> someone has to take the bull by the horns. the wife, who that morning, says i want a divorce. i don't know, i think -- >> she denied it. >> yes, she's denied and mom said, look, the bottom line is

it should go to a neutral receiver, the head of a bank, someone with experience and let them manage things until they find out what happened to this guy. >> unless this guy's sitting on a beach in cuba waiting for the check to be sent to him. arthur, randy, gentlemen, thank you both. >> thank you. >> iran is making new threats to limit the international oil supply. we'll have details on this next. plus, when egypt's new president is like none other before him. a look at his political agenda and what it could mean for the united states and middle east. that's coming up as we approach the bottom of the hour and the top of the news.

>> shepard: i'm trace gallagher in for shepard smith. iranian lawmakers taking steps to choke off the world's oil supply pushing a bill stopping tankers from shipping oil imports, the strait of who are muse is of the planet's important waterways, 20% of the world's oil passes through. the west is clamping on on iran's oil money to pressure tehran over the nuclear program but iran doesn't appear to be budging. according to the tv there, the revolutionary guards are

planning war games this week including drills with surface to surface missiles aimed at models of foreign basis. johnathan hunt with the news. what exactly is the aim of these exercises? >> one simple aim, trace. for both internal and external consumption. a show of strength. internally the iranian regime wants to say we're standing up to those who would do us harm, the evil western interests putting pressure on us. external they're sending the same message to the u.s. and others, that they're prepare for war. in fact a brigadier general in the iranian army says, quote, in our strategic planning we have defined a radius named the radius of deterence, including all strategic interests of the enemy in the region so we can manage the battle at any level in case of the outbreak of war. the message they're sending if

is if you attack us or we feel under threat we'll strike at your basis. they mean u.s. and other western bases in the region. >> the u.s. is saying all this is evidence that the sanctions, the economic punishments are working. >> secretary of state said as much as over the weekend saying the focus now is entirely on sanctions. sanctions, economic punishments, in other words, are having an effect on the iranian regime. that's why they're doing these things, because they're trying to deflect attention from the economic trouble they're in. one other bit of breaking news we're just getting, a report from "the associated press," citing unnamed officials in kenya say they have arrested two iranian agents armed with explosives planning attacks against u.s., british, israelly or saudi arabia interests in

kenya and one official is telling "the associated press" that those agents they believe were members of iran's forces. this is a developing story. we'll have more during the "fox report" later tonight. >> we'll get back to you with more on that. job than, thank you. egypt now has its first freely elected president, also the first islamist president raising questions about the future of u.s. releasing. mu muhammad morrissey is a member of the muslim brotherhood. the brotherhood policy positions include restrictions like banning alcohol and forcing women to cover up in public but the new egyptian president appears to be taking a moderate approach. wendell goler is live at the u.s. state department. given his party does it appear he wants to turn egypt into a religious state?

>> the hope is no. and muhammad morrissey intends to run a secular state but the brotherhood wouldn't field candidates in the presidential and parliamentary elections. fox news's kt mcfarland says we pretty much have to give the brotherhood a chance. >> if we cut off relation with egypt, that may be cutting off our nose to spite our face. as egypt goes, the region will go. the most populous and historically significant country. the other countries will look to egypt to see what direction they government in other. >> some analysts think egypt's secular society will outweigh the tendencies of the islam brotherhood if for no other reason to guarded tourism city.

>> the brotherhood has advertise to other middle east chris. >> one of the biggest opposition groups. number 2 in jordan and tunisia and likely to take control in syria. it had ties in the past to hamas and hezbollah and middle east are experts worry it could turn to the ways of the past if egypt's economy continues to founder. >> if muslim governments are not able to create the -- in the societies where they have taken power, i worry that politics can't fix this. the routine which we govern can't fix this. that narrative may take hold as people get discouraged. >> she says the danger of one man, one vote justice one time in egypt. >> wendell goler, thank you. joining us now, pulitzer prize

winning journalist judith miller and adjunct fellow at the manhattan institute. great to see you. you heard kt mcfarland saying we need to give the muslim brotherhood a chance. you have a president that has some executive power and you have the military that has a whole lot of power. does that make for a pickle for the united states? >> it makes for a great challenge for those who said democracy was the answer to all problems of the midwest. what we're seeing right now, trace, is a struggle, a power struggle between the satisfy, the egyptian armed forces and muhammad morrissey and his muslim brotherhood. just the other day, the scaff announced the man currently the defense minister is going to remain defense minister in the new egypt. so that's a challenge for

president morrissey. he's got to make sure he doesn't so infuriate the military that they feel they have to move and put a lid on damper on his new presidency. no one knows what's going to happen. it's fascinating to watch. >> is it your sense that the generals are willing to allow true democracy and what does it mean for women and christians in egypt? >> right now, president morrissey is a man for all seasons, speaking a very, very moderate game. he said he was going to appoint up to four vice presidents and one of them might be a woman. one of them might be a christian. both of those, by the way, would fly in the face of the muslim brotherhood platform. but he's trying to reach out and say he's going to be the president of all egyptians and most people are stepping back and saying let's see what he does. in fact, there's now something called the morrissey meter which

some people have started on facebook in egypt. they're looking at the promises he made, the 64 promises during the campaign, and they're saying how many of these are -- is he actually carrying through with. >> it appears that the military, the generals, are list to get united states, specifically secretary of state hillary clinton secretary of state. is the united states doing announce talking or is it prudent to sit back and see how it plays out. >> it would be very wise for the administration just to sit back and watch for a while. the israelis are watching because it's of huge importance to them and he cannot be encouraged by the fact that their prime minister, benjamin netanyahu, called president morrissey to congratulate him but president morrissey was too busy and didn't take the call. >> yeah. it's very interesting. judith miller, thank you. >> very good to see you, trace. three guys in california say google andia areanning their emails.

even though those men don't have google or yahoo accounts. now they're taking the companies to court. we'll tell you why next.

>> web use are in california filed class action lawsuits. they say they do not have email accounts with those companies but whenever they send a message to somebody who is on gmail or yahoo, the recipient gets advertisements tailored to their message. an email about clothes might trigger adds for a clothing store. the plaintiffs argue isn't they don't have google or yahoo accounts they never gave consent to scan their emails. no response from yahoo. a google spokesman says ad targeting a automated and no human read emails to show ads. back to arthur aidala and

randy zellen. the theme is that computers can spy on you but humans can't. >> the statute reads anyone. a computer, at least i don't think, is a person yet. so again what makes this particular thing, yes, what makes this very interesting is, a, no person is looked at these emails. nothing's being divulged what happens is i send an email to someone with gmail and the computer say randy's talking about iphones. let's send ads. by the way, what are their damages? come on, can we do something better than creating more nonsensecal litigation. >> oh, boy, trace. >> here's the thing. we know we give up privacy because of this convenes and technology but they're intercepting emails before -- if you send randy an email, before it gets to randy, they're picking it up and saying arty like this

nice -- oh, it freaks you out. it's creepy. >> you're reading randy's writing me about brunello and it's like wine.com. a fundamental american right, invasion of privacy. their excuse, it's not human beings, it's computers reading it, give me a break. there's nobody supervising these computers? nobody's controlling these computers? maybe everyone's not sitting there reading everyone's emails but there are humans involved. let's not kid ourselves. i'm happy they're bringing this lawsuit and i hope they get relief. >> once again, silicon valley is the head of sacrament. >> that's the whole point, you know that as soon as the laws catch up with technology, they're going to ban this faster than yahoo or google can say yahoo or google. right now they're taking advantage. they're just taking advantage of the laws

because they're ahead of the game. >> what's going to happen, as soon as they shout that loophole down, the boys and girls in sol silicon fella will come up with something else. >> they're -- >> a $6 million. >> they know what's going on in our brain before we can think about t then they'll have images of what they want us to buy floating in front of us. >> big deal. >> stop it, randy, i don't want them to tell me what to look at and think and i don't want them reading my emails. >> helpful suggestions. >> randy, arty, thank you. >> thank you. the later the birthday the better the test scores. that's according to a study on full term births. details are fascinating and coming up. plus the woman diagnosed with a rare flesh eating disease is now out of the hospital after doctors cut off one of her legs, one of her feet and both of her hands. her condition is now coming

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>> a young woman with a rare flesh eating disease left the hospital today after a death-defying struggle with the back tear. aimee copeland's headed to a inpatient rehabilitation clinic. in a effort to save her life doctors amputated her left leg, right foot and both hands. doctors diagnosed the 24-year-old grad substitute with the flesh -- student with a flesh eating disease in may after a cut in a zip lining accident. despite a grim prognosis hospital officials upgraded her condition from serious to good. her father calls her a determined young lady. a new study on full term

births shows the difference of a week or two in birth can affect test scores. a child is full term between 37 and 41 weeks. premature babies are born before 37 weeks and known to have increased risk of problems. researchers found babies born at 37 or 38 weeks did slightly worse on third grade math and reading than kids born a week or two later. researchers say it's only minor but should be something for women to consider, especially if they schedule a c-section. joining me a neonatologist at rainbow babies hospital in cleveland. working moms go in and set up a c-section to happen at 38, 39 weeks and now that might not be a good idea. >> you're right. for a long time we sort of said -- we focus on the tiniest babies, one pound

babies. we sort of ignored the babies close to due dates saying they're fine. what we're realizing is the brain is rapidly developing in the last several weeks so extra time in the womb can make a difference. >> when you talk about 37, 38 or 39 weeks is there something you consider the benchmark? is the last week so severely important -- we talk about nine months, is it maybe important to go further to say look we want you to have it naturally as long as it takes. maybe the baby's saying it's not ready yet. >> i think you're right. i think we know that 39 and 40 weeks tends to be right now what we consider to be best but nature knows best. a lot of times this -- my obstetrics is going out of town or i'm tired of being pregnant or if i deliver before january 1's there's a tax break. in our hospital we do not

allow elective induction, early delivery, before 39 weeks without a medical indication. >> if we talk about shorter delivery times, is this also maybe effective for moms to decide at 37 to 39 weeks i'm going to have that extra glass of wine or i think my baby is in the final stages, i can do things i couldn't have done 15 weeks ago. is this a warning against that behavior as well? >> absolutely. the brain is 50% of the brain development occurs in the last several weeks. and if you look at the picture of the developing brain it goes from smooth to developed in the last weeks so holding off on that wine until after delivery is something i recommend. >> yeah, and is there something where you think look, if you had your baby at 38 weeks or 37 weeks, should mom be concerned now or do you think that there's just not enough evidence to fully find out what the

results are going to be about that? >> right. i think it's important to realize this study is looking at populations. 128,000 children. for the average 37 week or average 38 weaker, they do just fine. i would recommend moms not to worry too much about it. >> doctor, great to see you. >> one of wimbledon's most popular guards missing. the case of the apparent bird napping is next. [ male announcer ] this is rudy.

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final piece of baseball history set to pay off a medical student's tuition bills. the relatives caught this home run ballly lou gering to hit it in the bleachers in a world advice -- serries game.

the ball is expected to fetch, you ready? between 200 and $200,000 at an auction in kansas city. the auction is held tomorrow. before we wrap it up in "studio b." a warning to the pigeons of wimbledon. rufus the hawk is on his way back. officials have been using rufus and other hawks to scare pigeons from the annual tournament but someone stole row if you rufus. owner left it in the back of the car and someone stole him. whoever stole him turned him into a animal shelter yesterday. so far no leads on the bird snatcher. arerufus will be back on patrol in just a few days. pigeons watch out. trace gallagher in for shepard smith. john scott is back later withhe