something new. we will see if it works. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. "special report" online, a special version, starts right now. >> shepard: this is the fox report. tonight, he is accused of murder. and today george zimmerman and judge had a talk. that as now we know jury deliberations are set to start soon. plus, the accused boston marathon bomber face to face with the victims of terrorism. >> my two boys went out, you know, to watch the marathon an april 15th and since then our lives have been turned upside down. >> shepard: the bombing killed innocent people and left some survivors in agony. >> i just think it's disgusting, a cowardly act. >> shepard: now, what happened when dzhokhar tsarnaev went face to face with the people he is

accused of attacking. one pilot from the asiana airlines jet says a cockpit system didn't do its job. >> he recognized that the auto throttles were not maintaining speed. >> shepard: but was that because of the pilot's mistake or a malfunction? you'll hear how investigators plan to find out for sure. but first from fox this tuesday night, the judge in the trial of george zimmerman says closing arguments will begin tomorrow afternoon. and the jury is scheduled to get the case on friday. today, the defense rested after george zimmerman told the judge that he does not want to testify. >> did you now have sufficient time to discuss with your attorneys whether or not you wanted to testify in this case? >> yes, your honor. >> and i don't need to know what was said, but after those discussions you have made a decision? >> yes, your honor. >> and what is your decision, sir? >> after consulting with counsel, not to testify, your honor.

>> george zimmerman's defense counsel george o'mara spoke after court today said his client is very worried. in fact, he also said that his client wanted to testify. but after they talked, that ended. he also said that george zimmerman is happy with how the evidence came out. it was a wild day in court. one that had lawyers from both sides acting out scenes with a dummy. demonstrating how the final deadly confrontation unfolded between george zimmerman and teenager trayvon martin. george zimmerman charged with murder in the second degree for shooting that teenager last year. but he says it was self-defense. we have team fox coverage, trace gallagher on a community plan to avoid a violent reaction to the verdict. first, to phil keating who is live outside the courthouse in sanford, florida. that stuffed dog the lawyers were straddling was supposed to represent george zimmerman. >> exactly, shep. that's why zimmerman's own attorney was so violently beating that stuffed doll into the courtroom floor. as the real george zimmerman watched all of this from the defense

table, the jurors in the jury box all stood up and strained to look and watch the attorneys and that dummy wrangling on the carpet. all too either support or challenge whether trayvon martin truly was on top straddling and beating zimmerman when zimmerman shot him. >> if this person, this mannequin were carrying a firearm on their waist, where would the gun be right now in relation to me? >> would be at your left inner thigh. >> were the injuries on mr. zimmerman's back of his head consistent with someone doing this on cement? >> i don't think so. >> how about this? how about somebody resisting the attempt, the injuries the two lacerations? could that have come from cement if somebody was resisting me pushing down? >> final defense witness called to testify was robert zimmerman sr., the defendant's father and his final words of testimony for the defense that voice heard so often during this

trial of somebody screaming in the background of the 911 call was the voice of his son. shep? >> shepard: the day began with two very important rulings that went the way of the state. >> yeah, judge debra nelson really agreeing with the state's objections here. first, she told the defense they were not allowed to show as evidence their computer animation showing the fatal final minute. also showing martin as the aggressor. but the defense can use this as an exhibit during its defense closing arguments friday morning. regarding photos of pot and a gun and texts about fighting all taken from martin's cell phone, those also not allowed for the jury to see the state was possibly going to call one more rebuttal witness in the morning. that being a state liquor agent to testify how zimmerman allegedly assaulted him years ago but we're told late today that is now not happening so the state's rebuttal case, short, sweet, and over. shep? >> shepard: phil, we also heard a lot of talk about george zimmerman's physical condition at the time of the shooting.

>> well, today as we all know, he is a big guy. and the jurors, they all see that big guy from across the courtroom. and so the state -- the defense rather really trying to present him as the wimp in the wimp factor equation. they had several people testify not only today and yesterday that the then 28-year-old zimmerman of last year was obese, unathletic, and lacked a warrior mind set. today's defense expert even testified in his opinion the 17-year-old martin would have had a favorite -- been a favorite in the fight. now, tomorrow morning, very important 9:00 a.m. jury instructions begin for this jury as the attorneys mauled over what they're going to be. those are crucial. it tells the jury when they're deliberating what is beyond a reasonable doubt, what is the standard of proof and what are the lesser offenses they could convict zimmerman of such as aggravated battery or manslaughter. shep? >> shepard: after the defense wrapped today the prosecutors called back to the stabbed a gym owner, a

man who previously testified about training george zimmerman, giving him, in essence, that wimp defense. the prosecutor asked the jimp owner whether he was marketing zimmerman's training on his web site. he said. no you decide. this is an image of the gym's web site that we captured this afternoon. it does include a note about zimmerman training and asked users who want to know more about training george zimmerman to email a q sheriffs and community representatives in florida are now trying to head off any potential backlash to the verdict whenever we get one. they have released a video that asks people to raise their voices, and not their hands and avoid rioting, no matter what the jury decides. team fox coverage continues. trace gallagher for us. tell us about this video that they put out. >> well, it's 30 seconds long, shep. and produced by the broward county sheriff's office in florida. it features a young hispanic girl and a young black man. what it's really trying to

communicate is in the george zimmerman trial that people should express themselves through opinions, not violence. here is a sample of the video. watch. >> back up, not to act up and deputies are with us so need noe need to act up. >> let it roll off your shoulders as water off your back don't lie composure because of one incidence that's over. raise your voice and not your hand. >> i'm scottie israel and law enforcement does have your back. >> the video is in the broward county facebook twitter and youtube. they have also sent this out to a number of television and radio stations in florida trying to get them to play the video as well, shep. >> shepard: but broward county, that is in south florida. that's the fort lauderdale area. this is central florida. why is that? >> yeah, well, partly because trayvon martin's family kind of lives right there on the broward-dade county line. the broward county sheriff's office says they are not expecting any violence, but they are

preparing for this, the same way they would prepare for a hurricane, which is to be very proactive. that's what they are saying. now, they are also working with the sanford police department in central florida but the seminole county sheriff's office, which is where the trial is being held, says they have their own plan. and aside, shep, from the video, the broward county sheriff is also talking with city leaders as well as pastors. here is the sheriff. >> our criminal investigative detectives, our special investigative detectives basically communications, marrying channels so we communicate and put as many different cities on the same channel. so we're all hearing the same realtime intelligence as well. everybody is working on this. >> and they're also making a very big push at the social networking sites because they believe that's where a lot of the violence, if it happens, would be instigated. shep? >> shepard: trace gallagher, thank you. so the case is basically over. the defense has had its side. the prosecution has had its side. now closing arguments, let take you to the judge.

senior judicial analyst judge andrew napolitano is with us. what is your sense who who has the better case? >> the government has the burden of coming forward. the government has to prove to a moral certainty and beyond a reasonable doubt every element of the crime that he killed this guy, that he killed him in a heinous way, that he killed him intentionally. the government also has to prove yard and to a moral certainty that it was not in self-defense. it is clear are they didn't make any of those. >> it's clear to you. >> it's clear to me. shep, in my life i sat on that bench in new jersey, not in florida, many many times and heard cases like this. it is the judge's job to stop a case where the government has insufficient evidence to prove it. >> shepard: you think the judge should have done that. >> yes, i do. i think the prosecutors did the best they could with very limited evidence. i think it was a political prosecution. i think they were told to prosecute it because there was such a political to the original judgment of the

police not to prosecute. shep, think about it. the principle witnesses for the government ended up testifying for the defendant, that they believed the defendant, that the case should not have been brought and that there was insufficient evidence to prove gilts. >> shepard: in florida you can get up to 30 years in manslaughter which will probably be a lesser included. >> yes. so, the first charge is second degree murder. this is not intentional murder. where you plan and plot it it's intentional that you want to kill and killing out of hatred or depravity. the next chart -- that's 30 years to life. the next charge is manslaughter. that means that your behavior was so irresponsible. you just didn't care about whether or not a human being lived or died as a result of what you did. that's up to 30 years. after that, there are lesser degrees of culpability involving battery, aggravated battery and negligent battery. >> shepard: we will learn about all of that tomorrow. >> tomorrow she will explain to the jury in terms that they can

understand what the elements are for each of these crimes and what their options are. >> shepard: and we have coverage of the closing arguments and the rest of it? >> it should be very lively. >> shepard: i bet it will be. judge, thank you. >> you are welcome. >> shepard: very big news from the boston marathon bomber suspect who walked into a courtroom today right in front of the people he is accused of attacking. the people and their relatives. we will hear from one family member next. new details are just in on the final seconds before that deadly plane crash over the weekend in san francisco. what the plane's pilot says he saw in the sky just before the jumbo jet hit the ground. plus, the flight attendants thrown out of the plane and why the pilot said passengers, stay seated. that's ahead from the journalists of fox news on this wednesday fox report. softsprings got both, let me show you. right over here. here, feel this.

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sta. >> the surviving suspect in the boston marathon bombing pleaded not guilty to the

charges that he set off homemade explosives that killed three people and maimed scores more near the finish line. dzhokhar tar neff appearing in court for the first time since the attack there were no cameras in there only a sketch artist this is federal. arm in a cast and face was son with. other than that, they say he looked very similar how he appears in this photo with his hair curly and unkempf. he smiled at his family and motioned towards them an air kiss. we are told one of his sisters cried outloud. a number of his supporters were in court today. but there were also several people recovering from their injuries from the april 15th bombing priewrttle claim dzhokhar tsarnaev and his brother turned two pressure cookers into bombs and left them in the crowds that watched to runners. man hunt that culminated in a shootout with police after which investigators say dzhokhar tsarnaev ran -- the older tsarnaev ran over his brother in a stolen car. and nearly bled to death

himself while hiding in a boat in someone's yard. molly line has covered this from the beginning. she is live outside the federal courthouse in boston. molly, what are the victims saying today? >> shep, we had a chance of-to-talk to a mother of two brothers who were severely wounded in the course of this boston bombing. paul and jc lost a leg. liz was here today, she said on behalf of her sons and here is what she had to say about tsarnaev's demeanor in court. >> he just showed no remorse. it looked like he smirked at everybody and he just, you know, had a care-free attitude like nothing. no emotions whatsoever other man smirking when he came. in i want to know why. i don't understand how somebody could do that to so many innocent people. >> more that 250 people were wounded and lost their lives. campbell, lindsey lou and

8-year-old --' looked like a chaotic scene of the courthouse at this view today. >> for certain at the federal court. he arrived heavy guard and caravan that included armored vehicle there was actually supporters on hand here today pro-tsarnaev supporters here cheering him when he arrived there was also a very solemn showing from the mit police officers. they came here lining the streets outside of the courthouse just showing their respect for their fallen comrade for the fallen officer sean collier, shep? >> molly line at the courthouse for us. the boston police misser testified today capitol hill. better job sharing information about threats. it's an old story. new details about what the feds knew about the suspects ahead of that attack that's coming up in a live report from washington in few minutes. shooting massacre fort hood in texas, acknowledged in court today that he supports the taliban he is

major nidal hasan. he has agreed to represent himself. those potential jurors said they could put aside their views of muslims and sharia law. to consider only the evidence in this case. the judge rebuked hasan several times when he referred to himself as the shooter, she reminded hasan he is not testifying he could ultimately face the death penalty for killing 13 people at fort hood and wounding dozens more back in 2009 more than two dozen people are still missing after a train cash leveled a large chunk of a town. tonight, their families are getting some terrible news as the train company attempts to explain what went wrong plus, what could make wal-mart stop opening new stores? today, we may have found out and that's coming up. vo: traveling you definitely end up meeting a lot more people but

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>> we have just gotten new details on saturday's deadly plane crash to san francisco. we have learned nowed that the asiana airlines pilot initially told the flight attendant do not evacuate the passengers. that's after the jet went down and before that horrible fire. that's according to the national transportation safety board. investigators say they are trying to figure out whether automated equipment in the cockpit of the south korean airliner may have contributed to the crash. the pilot says the auto throttles were not maintaining speed but investigators say an exact analysis will not be possible until they go through the plane's black box. the feds say the jet's tail and landing gear clipped a rock retaining wall on saturday when it was coming to land and that it then slammed into the runway, eventually did a 360, burst into flames.

two passengers killed. we have also learned the pilot told korean authorities a flash of light blinded him about 500 feet in the air. claudia cowan was the new details in san francisco. all of this is just coming out. claudia. it really is, shepard. tonight getting dramatic details about a light on a clear day might have caused a devastating distraction. >> could it have been a laser? we really don't know at this point what it could have been. that information was relayed to us by the pilot. we need to look into it. >> shepard: initially after the plane bounced and skidded down the runway, everyone was told to stay in their seats. only when one of the flight attendants saw flames did everyone start to evacuate. the ntsb is still interviewing the flight crew, some of whom were seriously headquarter when two of the evacuation slides inflated inside the airplane. why that happened is another part of this investigation.

and also it turns out three flight attendants were ejected from the plane. five days later crews are finally starting to remove the wreckage. this is brand new video. often after plane crashes, investigators try to put the pieces back together at a local warehouse. it is unclear if that will happen in this case. and airport officials say it will still be several days at least, shepard, before planes are able to use that runway. >> shepard: claudia, officials say they are telling the families of 30 people missing after last weekend's deadly train crash that they are all presumed dead. that brings the death toll now to 50 people. the freight train in canada was carrying crude oil when it derailed and burst into flames. officials say parts of the devastated quebec town are still too hot to even fully investigate. days after this disaster. earlier today the head of the railway's parent company said an engineer did not properly apply the hand brakes on that train before the crash and that the engineer is now suspended without pay.

in business news, team mobile today announced it's launching a brand new plan this weekend that will let customers upgrade their cell phones as often as twice in a 12-month period, all new stuff here. other major carriers make people wait as long as two years for a single upgrade. the new plan costs an extra 10 bucks a month. the d.c. counsel approved a bill that would require wal-mart and other big box chains to pay workers at least 12.50 an hour. that despite wal-mart's warning that it would drop plans to open three new stores there if the bill becomes law. a federal judge ruling apple colluded with book publishers to drive up prices of ebooks. apple denies it. reports it plans to appeal. officials in egypt are now big moves against the country's brother muslim hood. plus, tens of millions of our tax dollars have been spent on something military officials say they didn't want, they didn't need, they don't use, and are going to tear down. plus, how a theft victim was able to solve the crime

by contacting the suspect's mother instead of the cops. that's coming up as we approach the bottom of the hour and the top of the news as fox reports live tonight. n't like being sold to. the last thing i want is to feel like someone is giving me a sales pitch, especially when it comes to my investments. you want a broker you can trust. a lot of guys at the other firms seemed more focused on selling than their clients. that's why i stopped working at my old brokerage and became a financial consultant with charles schwab. avo: what kind of financial consultant are you looking for? talk to us today. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t

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phone. so instead of calling the police, she says she looked up mom's number. >> i said this is very uncomfortable phone call to make. i have your son's phone and i'm missing some things out of my car. and i think they might be two related items. >> shepard: she thinks? she reports the 19-year-old son confesses to getting drunk and stealing stuff out of several cars when she went to his house to get her stuff she convinced him to bring his loot back to the other rightful owners. i'm shepard smith. this is "the fox report." it's the bottom of the hour, time for the top of the news. the military-led interim government in egypt is now taking brand new steps against the muslim brotherhood. the political organization that the country -- country's former president. the general prosecutor's office today reported its issued arrest warrants for the group's top spiritual leader and at least nine other senior islamist. prosecutors accuse him of

provoking deadly protests on monday. that protest broke out near the republican guard headquarters in cairo. nearly 50 killed in fighting. hundreds wounded. most of the victims were mostly unarmed demonstrators demanding the release and reinstatement of the president mohammed morsi. many protesters apparently believed officials were holding morsi in that guard building. egypt's foreign minister today claimed authorities are keeping him in a safe place and treating him as a -- in a dignified way. no word on where that so-called safe place might be but here is a live look at the egyptian capitol coming up as demonstrators continue to pack tahrir square, the epicenter of the antigovernment protest. not this that picture but i assure you they are. the chief fox report correspondent jonathan hunt is with us now. what else do we know about this crackdown? >> we know that it's gathering pace, shem. the military says it has no choice but to ensure stability that means arresting those who they say incite violence.

in practice what did means is rounding up of senior members of the muslim brotherhood. among the arrest warrants issued today was one for the brotherhood's spiritual leader. is he called mohammed, you see him there hard to overestimate the significance if and when is he actually arrested. a muslim brotherhood spokesman said on his twitter account today, quote. same old police state tactics criminal police complicit judiciary, that a clear reference to the dictatorship of hosni mubarak, the message the muslid egypt is right back where it started before the so-called arab spring, shep. >> by definition, when the duly elected democratically elected president is ousted by the military, that's a coup. but apparently not to the white house. >> you would be hard-pressed to find any independent observer who doesn't consider it a coup. mohammed morsi supporters on the streets of cairo

today clearly believed what happened was a coup. white house officials say that is a legal determination. it's one by the way that is usually made by state department legal advisors and white house officials say they are not yet ready to reach that conclusion. listen. >> we will take our time and the time necessary to make the determinations regarding morsi somehow. >> in the meantime, pentagon officials confirm that four more f-16 fighter jets will be delivered to the egyptian military but officials here still say the u.s., shep, is not taking sides. >> shepard: certainly not. but it was a coup, whether the white house says it was or not. >> one would assume so. >> bill: it was. we deal with facts here.

jonathan, thank you. egypt's transitional government continues to grow. today the interim prime minister reportedly told reuters news service it could fill the remaining cabinet positions by early next week. well, the fate of millions of american immigrants could depend on what house republicans do next. g.o.p. lawmakers held a closed door meeting today to plan their next steps in immigration reform. last month, the senate passed a bill that gives 11 people people a chance to become u.s. citizens while also increasing border security. but the house speaker john boehner says he cannot support that bill and that republican also figure out a plan of their own. mike emanuel with the news out of washington. so, plan coming meeting today? what happened? shep i'm told there is a wide range of opinions. key leader said the house does not continue to do some monster where people behind closed doors make decisions in the dead of night. in his words that's not democracy. so you can expect the house will produce multiple smaller immigration bills.

we got a very favorable response that the work the homeland security committee took a step-by step careful approach holding hearings and examining and marking up individual bills so that we do not make the same mistakes made in 1986. that refers to when ronald reagan was president when millions were given citizenship and the border problem was not properly fixed. shep? >> shepard: democrats had a pretty high profile meeting of their own, mike. >> that's right. the white house emphasized the economic benefits of immigration reform and the cost of not getting it done, president obama met with the congressional hispanic caucus at the white house today. aides say the president expressed the need to pass immigration reform now to help the economy grow, create jobs, or reduce the deficit. here is a key house democrat's assessment. it was wonderful to be part of a productive meeting with the president. we had incredibly candid and productive conversation on accomplishing comprehensive immigration reform. like us, the president believes that there are

compelling moral and economic reasons to support comprehensive reform. house republicans are exarlg to the president's healthcare law and suggesting a single massive piece of legislation is not the way to go, shep? >> shepard: mike, former president george w. bush weighed in on all of this today to congress to find a resolution on immigration reform. he spoke during a naturalization ceremony at presidential ceremony in dallas i meant bush 43, excuse me. while he didn't get specific about policy he noted immigrants do make contributions in this country. he said we have to enforce current immigration laws and that america can be a lawful society and welcoming society at the same time. $34 million for a building they didn't need, haven't used and are planning to tear down. it's your $34 million going

to rubble. for a 64,000 square foot military headquarters in afghanistan. it's at camp leather neck, a u.s. marine corps base there one official describes the building as unused, unoccupied, and presumably, he says is, will never be used for its intended purpose. inspector general exposed the problem in a letter this week to the secretary of defense chuck hagel and other military leaders investigators say they are now looking into what went wrong. jennifer griffin with the news from the pentagon. how long do we have? >> well, three years ago, shep, marine commanders in afghanistan warned the pentagon they didn't need this state of the art military headquarters in helmand province. the massive operation center rivals that of centcom. briefing theater, fancy office equipment. the 64,000 square foot headquarters was wired for 110-volt appliances. not the 220-volt equipment used by afghans it would cost more u.s. taxpayer

dollars to convert it. the special inspector general for afghanistan is it commanding answers from defense secretary chuck hagel. commanders determined as early as may of 2010 that there was no need for the facility, yet the military still moved ahead. i am deeply troubled that the military may have spent taxpayer funds on a construction project that should have been stopped. this waste of taxpayer money is not unique. in northern afghanistan. the state department spent $80 million on a ten year lease for a building to be used as a u.s. consulate that was later deemed to be too vulnerable to attacks, it too has been scrapped, shep. >> shepard: and the beat goes on, jennifer. the pentagon is warning of hiring freezes now and reduced facilities maintenance for the upcoming fiscal year. i guess they could use that 34 mil back, huh? this is because of automatic spending cuts that kicked in a few months ago of a congress as we all know failed to reach a budget cutting deal. a wounded war verb says

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information that there should be a mandate somewhere that the federal authorities have to share that with us so that we can properly defend our community. >> and even with all the federal spying that we now know about, it's still unclear whether the fbi knew anything in advance that could have helped prevent the attack. catherine herridge in washington tonight. would know that the feds were aware of more than they acknowledged. >> the fbi knew tamerlane tsarnaev went to russia. a former counter official testifying it's a balancing act and investigators need more than suspension to share intelligence people will share now. they will share once they determine that something is relevant to a terrorism investigation that somebody else might be able to help them on and that's too

late. >> the fbi not providing a witness to testify today citing the bureau's cooperation with congressional committees timing come coming on the same day as boston suspect dzhokhar tsarnaev, shep? >> shepard: they learned more about the 2009 shooting at fort hood as well. >> they did. the defense department's decision to deal with the massacre work place violence criticized by both democrats and republicans. >> i think it is exceedingly damaging to it engage in this fiction that the attack at fort hood was work place violence. >> i champion the cause that it was in no place work place violence. >> the country's top counter terrorism center labeled fort hood an act of terrorism just one day after the attack that left 13 dead and, of course, this case finally going to trial this week with jury selection, shep. >> shepard: catherine, thanks. ♪ rise of freedom now and

planners of the 9/11 museum giving us a peek at some of the work being done inside. this is the first time they have allowed our cameras inside the museum since the uncovered many of the large artifacts like the so-called impact steel from spots where the hijacked plane hit the world trade center. we can see the steel try dents from the base of one of the towers along with one of the trucks the sky scrapers destroyed when they collapsed. also a portion of the survivor staircase here which hundreds of office workers used to escape the burning cameras. our cameras have been through the site before. things have changed a lot since the time we were there, that was a couple of years ago, planners say they are still on track to open next spring after a series of delays and flood damage from super storm sandy. >> there has been years and years of planning. deciding which artifacts to

bring. in deciding what the narrative path to which we are going it tell our story is going to take shape. in being here in the space and seeing those walls and the artifacts in their very final spots is tremendously gratifying. >> shepard: museum planners say the next big step is to bring in smaller personal artifacts into the museum which is located beneath the 9/11 memorial. a wounded iraq vet says security personnel mistreated him. happened in california when security guards at the state capitol building asked him to take off his uniform because he was wearing too much medal. this was right before he was honored as the district's veteran of the year. during the same trip, tsa screeners subjected him to extra scrutiny at the sacramento airport because he couldn't lift his arms above his head during a full body scan. back in 2004, a roadside bomb left him with serious injuries. officials at both state capitol and the tsa say they are looking into what exactly happened. well, critics are firing back at the president

obama's decision to stall part of the new healthcare law that forces certain businesses to ensure their workers. next what both sides are saying about the employer mandate delay. plus, the former major league baseball player who phoned police to say his wife had threatened him with a gun. now we're hearing his call to 911. and that's coming up. [ male announcer ] this is george. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

>> the house house is defending its decision to delay for a year the so-called employer mandate portion of president obama's sweeping healthcare overhaul. that rule forces businesses with at least 50 workers provide health insurance for their employees or face a penalty. the white house says this type of delay is not unusual but today as you might imagine g.o.p.

opponents again pushed the administration to repeal the overall entirely. wendell goler with the news from the white house. republicans said the president may not have the authority to delay parts of this law. how did the white house respond to that? how long says obama care law if there is sufficient reason and treasury says the reporting requirements for companies with more than 50 workers to prove they are providing health insurance that meets the obama care standards need more time to put in place. press secretary jay carney denies there is a political motivation. people who suggest there is anything unusual about the delaying of the deadline and comprehensive law are deliberate whether i sticking heir heads in the sand or ignorant about pass precedent. >> white house officials suspect republicans are simply trying to derail implementation of the law by challenging the delay. >> shepard: what are republicans saying to that?

>> some republicans claim the issue is fairness. they claim it's wrong for the administration to let employers off the hook while still requiring all americans who can afford it to get health insurance by next year. >> the key issue in front of us is the fairness of postponing this major mandate on businesses but not postponing it on families and individuals. plus, you know, the problem of obama care on our local businesses didn't go away. it got postponed a year. >> politically, republicans are using the delay to accuse the obama administration of favoring big businesses at the expense of individual americans. house speaker john boehner promises another vote to try and repeal the individual mandate. officials here don't expect it to have any more impact than the 40 other house votes to repeal all or parts of obama care, shepard. >> shepard: wendell, thanks. a first listen now to a former professional baseball player's 911 call moments after the ball player's wife reportedly burst into his bedroom and threatened him with a gun. he is the former mets and

pirates'' pitcher chris benson. he says his then estranged wife entered his home wearing a bullet-proof vest and had a metal be ton. when she asked him to get her a lighter for her cigarette he ran into the basement and called the police. >> my soon to be ex-wife has gotten into my house and she has brannished a gun. >> she has a gun? >> yes. >> where is she right now? >> she is in the house and i'm down stairs in the basement. >> has she threatened you with that gun? >> yes. >> shepard: police say they later recovered several other weapons from her including a taser and a hatchet. she faces charges of aggravated assault and criminal trespass. continuing coverage of our top story tonight. the defense resting its case in the trial o a working weekend for the jury. the reason why next. every purchase earns you 2% cash back, which is deposited in your fidelity account. is that it? actually...

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♪ [ male announce ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not bused more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may incrse your risk of osteoporosis some eye prlems. tell your doctor if you have a heart condition or high blood pressure before taking advair. ask your doctor if including advair could help improve your lung function. [ male announcer ] advair diskus fluticasone propionate and salmeterol inhalation powder. get your first prescription free and save on refills at advaircopd.com. >> shepard: elizabeth

hesitate sell beck made it official today when she signed off at "the view" for the last time before she comes down the avenue and joins us here at fox news. she said goodbye to her co-host, thanked the show's staff and had warm words for whoever ends up replacing her. >> i just want to leave her with this, thanks for everyone who has been out there watching. i wasn't the first person to sit in this chair. i will certainly not be the last person to sit in this chair. the past 10 years have been nothing short of extraordinary. and i wholeheartedly wish the next person or co-hosts that sit here an extraordinary set of years to come of their own. [applause] >> shepard: elisabeth hasselbeck slated to co-host "fox & friends" with doocy and kilmeade starting in september. fear not, gretchen carlson is going nowhere. thank goodness, she is set to anchor a signature daytime hour of her own starting this fall. updating some of our top stories tonight the boston marathon suspect in court for the first time and pleading not guilty. closing arguments in the george zimmerman trial set to begin tomorrow. defense lawyers rested

their case after george zimmerman told the judge he does not want to testify. let's get to phil keating outside the courthouse in sanford, florida. phil? >> shep, prosecutors will spend three hours giving their closing arguments beginning at 1:00 tomorrow afternoon. and then friday morning the defense presents three hours of its closing arguments followed by one hour rebuttal by the prosecution. then in the afternoon of friday, this jury will get their instructions and begin deliberating a verdict on whether george zimmerman acted in self-defense when he killed trayvon martin. they will deliberate all the way until they come out with a verdict. that could be friday afternoon into friday evening it could be any time saturday or into sunday as well until they come up with a verdict and once that verdict is in, that is when the court will tweet out that a verdict is in. we'll all gather here and about two hours after that, the jury will deliver its verdict in this case. shep? >> shepard: and we will have coverage of those closing arguments tomorrow here on fox news channel.

on this day in 1925, the monkey trial began in tennessee. accusing high school teacher john scopes of teaching evolution. a few months earlier, the state had passed a law, against teaching any theory that denied the bible's story of creation. scopes had reportedly considered conspired, i should say, to get charged with the violation and when he was, he went to the american civil liberties union for help. so many folks crowded into that courthouse on that day ed that the judge moved the trial to the front lawn. two years later the state court overturned the verdict in a sensational trial that opened 88 years ago today. and now you know the news for this wednesday, july the 10th, 2013. i'm shepard smith. we're all back tomorrow for

"studio b," noon pacific time, 3:00 eastern time. and, of course, we have coverage of the zimmerman trial throughout the day. bill o'reilly is coming up next. i hear he has got a few things to say tonight. quite unusual. >> bill: the o'reilly factor is on. tonight: >> we learned that it was a contact wound with the clothing that trayvon martin had on? >> yes, sir. >> so that would be consistent with trayvon martin leaning over when he got shot, right? >> yes, sir. >> as testimony in the zimmerman trial winds up, dummies are now in play, we're not talking about the media we'll have the latest from the trial even as florida prepares for possible rioting. >> you guys are awnch before scum bags. you shouldn't be here. >> we are just trying to get to the truth. and bigotry is not evidence. >> the boston marathon terrorist makes his first appearance in court. he is facing execution if found guilty. we will tell you what's happening up there.