>> bret: some people have a lot of time on their hands. thanks for inviolate us into your home. that's it for "special report," fair, balanced, and unafraid. >> shepard: this is the fox report. tonight, the questions keep coming. the polls keep falling. yet, anthony weiner keeps running. now, the mayoral candidate in new york is hearing from the clintons. and they are said to want him gone. plus, will the accused mob boss, whitey bulger, take the stand in his own defense? he is accused of playing a part in 19 murders. while running a notorious boston gang. and, later, becoming one of the nation's most high fro file fugitives. tonight, a look at the strategy for defending whitey bulger. a bus packed with teenagers

was headed back from church camp, just a mile from home when this happened. >> came from my left. hit the concrete median and flipped. >> shepard: a pastor and killed. tonight, remembering the dead, comforting the survivors and trying to figure out what caused this crash. plus, he reportedly stole more than $100 million in diamond jewelry. and he did it in a room full of people without firing a single shot. tonight, the masked man who made off with a fortune. but, first from fox this monday night, defending a notorious mobster accused of murder, over and over again. lawyers for whitey bulger began calling witnesses today and now we're waiting to hear whether whitey bulger himself will testify in his own defense. the charges against him, as i mentioned, include 19 murders. murders that prosecutors say he either ordered or

committed back in the 1970s and '80s while he ran boston's winter hill gang. the feds have called more than 60 witnesses since the trial began. among them a businessman who testified whitey bulger once demanded a payment of $400,000 while point ago machine gun at his groin. that businessman says he paid up. bulger's lawyers have already admitted their client is no angel. they acknowledge he did deal drugs, he did extort money. he it take part in organized crime. in fact, so farther accusations they have fought the hardest have been those that bulger was a rat. "the fox report's" correspondent job than hunt is in our newsroom in new york city. they haven't announce weathered bulger will take the stand? >> no, bulger himself and lawyers are still contemplating that decision, shep it would, of course, be unusual for a defendant in this kind of case to actually testify, but some experts believe that whitey bulger, at age

83, knowing that he is likely to spend the rest of his life in prison, might want his time on the stand. and former fbi officer bill daley told me earlier today that bulger might also want to try to dispel the notion that he was in an informant. listen. >> if you are a rat, you are the lowest thing and they will send out everything they can to do away with that rat. they will exterminate that rat. what he wants to is try to preserve himself. when they get to people in jail is say no, i was never informant. i never cooperated. they may have said that but i didn't help them in any way. >> the decision on whether bulger will testify is likely to be taken when all other defense witnesses are called, shep. there are up to 16 of those witnesses to be called. but you we would expect a decision before the end of this week, shep. >> shepard: during the proceedings so far, the jury has not been sequestered. >> no. they have not been sequestered up until now.

but the defense has asked the judge to sequester the jurors during their deliberations. defense lawyers argue that those jurors may be susceptible to media coverage, which they believe has been unfair to their client. in fact, in their motion, they argue that some of the articles published, quote: have extended far beyond mere recounting of testimony and have characterized the defendant in an extremely prejudicial manner. the judge says she will make her decision on whether to sequester the jurors some time tomorrow, shep. >> jonathan hunt in the thiewrm, thanks. investigators are still trying to figure out what killed a potential prosecution witness in this case. the sources telling the new york daily news newspaper that investigators have asked the medical examiner to check whether he was poisoned. the guy's name is stephan rakes. he turned up dead on the side of the road earlier this month. a lawyer for the rakes family says he does not

believe that the death had anything to do with the ongoing trial. >> shepard: leak classified information in the history of this nation. military judge says expects to read decision at 1:00 eastern time tomorrow. private first class bradley man something charged with aiding the enemy, among others, for releasing more than 700,000 secret government documents. that could mean life in prison for a man who is now 25 years old. the defense claims bradley man sag whistleblower who wanted to expose war crimes and didn't mean to hurt the country. today on "studio b," our senior judicial analyst judge andrew napolitano told me that prosecutors have to get inside manning's to prove case. >> the government has to prove that he did this harming the united states. not that harm to the united states that he intentionally caused this harm. >> bradley manning claims he revealed information

that would not hurt national security and not endanger u.s. troopsth. catherine herridge live in d.c. >> judge overseeing the military trial known as a court martial has reached a decision and not being decided by a jury in this case. the evidence whether the prosecution has met the high legal standard of proving its case beyond a reasonable doubt. this case and the edward snowden too full makes our potential allies to share information in the future. second it, reveals sources and methods and for those reasons, the damage is hard un. in the case of the snowden leaks, the head of the nsa has already claimed terrorists are changing their practices. both tears terrorists raised important questions about why there is so much classified information and people have so much access to it. >> you have at the same time almost an avalanche of information that's considered to be classified and top secret. at the same time, you have

multiplication, 10, 20 times more people with access to the information. so, it could just be that there is a whole lot of people with access to a whole lot of information. >> the verdict comes after two months of testimony and evidence, shep. >> shepard: bradley manning had pleaded guilty to lesser charges that could get him 20 years in prison. the judge says the sentencing hearing will start on wednesday. well, one man has just pulled off what may be the largest jewelry heist ever recorded anywhere. a prosecutor in the south of france says a thief stole $136 million worth of jewelry from a diamond show. it happened in a luxury hotel in caen on the french riveria. three security guards and several others were in the room when it happened. the thief had a gun and they apparently did not put up a fight. the prosecutor says the whole thing was over within a minute and that the guy escaped on foot. he was wearing a scamp over his face so nobody can describe him. according to our

researchers this jewelry rip off beats the previous record by tens of millions of dollars. president obama invited the former secretary of state hillary clinton over for lunch today. the white house says it was a friendly get together on the patio outside the oval office. that's a white house photo. they weren't always so friendly obviously. they fought a very tough primary in 2008 for the democratic nomination. the former rivals teamed up after the election and secretary clinton served until february. a month later the president invited the former president and first lady to dinner at the white house. now everybody is waiting to see if secretary clinton runs for president herself in 2016. no hints today as you might imagine as she left the white house. we did find out what she and the president had for lunch. salad, grilled chick' and pasta jambalaya. one of clinton's former campaign staffers quit his latest job as anthony weiner's campaign manager and carlos danger as weiner called himself online took a dive in the polls. one time frontrunner is now

in fourth place in the democratic primary for new york city mayor's race, according to a new survey out of quinnipiac university. plunged 10 points in that primary poll since last month. anthony weiner admitted that he did send graphic photos and messages to at least three women who are not his wife after he quit congress two years ago over another sexting scandal. but anthony weiner says this time he is not quitting. even after losing his campaign chief. >> have an excellent staff, more people have come on, frankly. gotten more volunteers. kind of waged this -- that people are more interested in hearing solutions to their problems than hearing about my background. >> shepard: latest sexting partner, as far as we know, reportedly claims anthony weiner offered to get her a $5,000 a month condo in chicago to facilitate meeting for sex. sydney leathers is her name. i'm huge, can i tell you is what he told her.

leather says he never did get her that condo. doug mckelway is live in the d.c. newsroom. what else did she have to say. >> told the daily male that weiner could get her a pass to the democratic national convention and get her a job at politico. she says when he sent pictures of himself she was goat less than impressed. those and many other revelations about the mayoral candidate's private behavior have led to a firestorm of condemnation much of it from within his own party. >> the issue here isn't about his relationship with his wife. the issue is about his relationship with the voters. he is twice deceived them, lied about his activity and why would you repost trust in someone who did that i think he is delusional at this point and doesn't understand the situation. >> the clintons, according to the "new york post" are also upset that yuma be a dean is modeling her loyalty to her husband on hillary's loyalty to bill in the aftermath scandal. the clintons are distancing themselves from this,

quote, nonsense, shep? >> shepard: another new poll is out showing support is dropping for another democrat in the middle of a sex scandal. he is already a mayor of a big city, doug. >> that's right. ut san diego poll released just yesterday found that 67% of people thinking that san diego mayor bob filner should resign. 22% think he should remain in office and 11% are not sure. seven different women have come forward claiming that hener sexually harassed anowrntioned late last week he planned to take two weeks off for therapy and in the future he would not allow himself to be in the presence of women without a third person present. shep? >> shepard: doug mckelway in washington tonight. you have probably seen the video of the train crash that left dozens of people dead. police have now charged the driver with negligent homicide. ahead, how investigators say they will try to figure out what caused the crash. plus, the church group bus crash that killed a pastor and his pregnant wife. but their child was also on

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79 people are confirmed dead after that train took a curve too quickly. it happened last week in the northwestern part of the country where police charged the train's driver with negligent homicide. a witness says that driver reported he tried to stop the train but couldn't and kept repeating that he wanted to die. speed in question there. in switzerland, 35 people are hurt after two trains collided head on. this happened about 30 miles south and west of the capital city of berne. we don't yet know how fast the trains were traveling when they insured into one another but all that

twisted metal gives us some idea of just how hard they must have hit. in italy at least 3 people died when a tour bus dropped right off a bridge. the bus was on a highway east of naples when it crashed into some cars, went through a barrier dropped 100 feet. the drivers among the dead but passengers actually survived. this investigators say they are trying to figure out the cause. in indiana, it could take weeks before police can determine what caused another deadly bus crash over the weekend. this one happened on saturday, just north of indy. it claimed the lives of a youth pastor and his pregnant wife. both of them on your screen, as well as this mother of five. the bus was full of dozens of young adults returning from a michigan church camp. according to the police, the bus driver told them the brakes failed just as the bus was exiting the interstate and that's when the bus struck a median, then flipped over on its side. garrett tiny with this from our midwest bureau, what more have we learned,

garrett. >> young couple, chad and courtney phelps were expecting the birth of their second child next month. also on the bus with them at the time of the crash was their 2-year-old son who remarkably was only had some minor injuries from this crash. you know, as bad as it was, they say -- officials say it could have been much worse if it wasn't for the quick actions of some good samaritans who were there. >> i think the driver was the first one i came up on and he was bleeding pretty bad, so i stole somebody's belt from the best i can remember and got it a tourniquet on his arm and started to help out everybody else. tried to get everybody to walk away from the bus. >> in a team of specialists expected that bus earlier today. part of their investigation. they say will go through at least the end of this week. some friends of the felipe's family have started i couldn't know line fundraising project for that 2-year-old son of the phelps who was left behind and thus far they

have raised more than $20,000 for him. >> shepard: garrett tenney in chicago, thanks. heavy downpours drenching parts of north carolina. we know the rain is responsible for two deaths they say. tropical storm flossie, taking direct aim at hawaii where no such storm has hit in more than 2 o0 years. a live update from the extreme weather center coming. watch this. a landslide pouring mud right on top of a car but somehow everybody in there survived. more of the incredible video. that's all ahead as fox reports live tonight. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones. now, everyone's in the spirit of sharing.

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>> shepard: heavy rain in north carolina left two people dead over the weekend. flash floods swept away a 10-year-old girl and a

48-year-old man as they were swimming in a rural creek. some homes and businesses also reported suffering major damage the national weather service reports one river rose at least seven feet above flood stage. first alert forecasters say water levels are coming down. then there is philadelphia. what a mess. they got 8 inches of rain in a 24-hour period, forcing american airlines to cancel all morning flights in philly international. this was record breaking stuff. a spokeswoman says some sections of the airport lost power for a few hours after a backup generator failed and there was rain all over the region. heavy rain out west as well triggered flash floods that swept away a tour bus with dozens of people on it. it happened yesterday in northern arizona. company official there says the vegas-bound bus was returning from a trip to the grand canyon when the driver tried going through a stretch of highway covered with water. the current took the vehicle and carried it about 1,000 feet before finally flipping it on to its side. somehow nobody got hurt.

and then there is a tropical storm that is set to make landfall in hawaii and that's something folks on the island say they have hardly ever seen. first alert forecasters say the storm could bring waves up to 18 feet. some areas could see more than a foot of rain. enough too trigger landslides. officials have warned people to stock up on food and batteries in case of power outages and it looks like they of. high winds threatened to knock down utility poles and trees and all the rest. people who name these things are calling the storm flossie, apparently a nickname for florence. one that is so unusual the united states census has not registered the name since 1990. janice dean the weather machine also with a unique name. what's going on. >> we are watching flossie rare name for rare storm they don't typically see hurricanes in this part of the world. take a look at flossie. 40 mile-per-hour sustained winds. minimal tropical storm making landfall within the hour across hawaii and there is the official track as it continues to move

westward across the islands over the next 12 to 24 hours. the impacts we are going to see the storm weakening again but bringing wind gusts in excess of 40, 50 miles per hour. flash flooding is imminent for some these islands with mountainous terrains foot of rainfall, rough surf and mud slides could be possible throughout the next day or so. so, of course, we will continue to monitor flossie and bring you the latest if it makes landfall within the hour, shep, back to you. >> shepard: janice, it's been decades since the last tropical storm or hurricane or anything like it hit the hawaiian islands. the year was 1992, hurricane in ek brought wind gusts reaching 175 miles per hour. the strongest and costliest storm to ever strike in hawaii it destroyed crops and thousands and thousands of homes. officials blamed for the death of six people. thankfully, expected this time. the first middle east peace talks in years are about to kick off right here in the united states. and american officials say they are hoping for progress in a matter of

months. plus -- >> shouting [bleep] >> shepard: this rampage by surfers. police say an angry mob of surfers as they put it ran wild in the streets. even went after porta potties. that's coming up as we approach the bottom of the hour and the top of the news. the postal service is critical to our economy. delivering mail, medicine and packages, yet they're closing thousands of offices, slashing service and want to layoff over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service

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escape as a landslide buries people tops our news around the world in 80 seconds. china. it happened in northwestern province, surveillance video the moments heavy mud poured down from a cliff on top of that vehicle. state media reports everybody inside the car got out safely. another camera shows the driver jumping from his truck seconds before floodwaters swept it away. torrential rains forced thousands of people from their homes and reportedly destroyed at least one bridge. thailand, oil from a pipeline leak has reached the shores of a popular tourist island. officials say nearly 50 tons of crude spilled into the gulf of thailand on saturday as a tanker transferred it to that pipeline. some of the slicks reportedly measured about 1,000 feet wide. crews are working to clean up the beaches. spain. wildfires forced hundreds of people to evacuate their homes on the island of nyorka in the mediterranean

sea. water dropping helicopters helped firefighters battle the flames. the fire has charred nearly 4,000 acres. russia. dozens of folks showed off their homemade flying within in the annual red bull flight contest. teams launched their designs off a ramp leading into a ramp. prizes went to the longest flight and the most creative design. that's a wrap on this fox trip around the world in 80 seconds. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. middle east peace talks are about to start again for the first time in almost three years israeli and palestinian negotiators are set to meet in washington about a half an hour from now. secretary of state john derry helped organize the new negotiations. he is calling for both sides to make what he calls

reasonable compromises. >> i know the negative imrations are going to be tough. but i also know that the consequences of not trying could be worse. >> and today president obama said this is a promising step forward. though hard work and hard choices remain ahead. wendell goler on the top story at the bottom of the hour. live tonight from the state department. wendell? >> shep, they have agreed to tackle the tough issues. borders, the status of jerusalem, israeli security and the rights of palestinian refugees and the goal is to find an agreement in the next nine months. there were protests in jerusalem of the israeli cabinet's agreement to release more than 100 palestinian prisoners convicted of attacks in the 1980s and 1990s, the palestinians had asked for it as a goodwill gesture. >> everybody feels bad about the ideal of releasing prisoners. this is a bunch of people terrible history but we he have to do what we have to do. those who make the peace talks progress. >> ironically palestinians

protested in ramallah but they didn't get more for agreeing to return to the talks. shepard? >> shepard: wendell goler live tonight at the state department. pope francis said today our society should not shun gay priests and neither should he. as the pope put it, if someone is gay and he searches for the lord and has goodwill, who am i to judge? analysts say this could indicate an olive branch from the vatican to the gay community. his predecessor pope benedict it behind a document saying that men are homosexual tendencies should not become priests. pope francis said women should take on a greater role in church leadership. but he said church law still forbids them from becoming priests. he made those remarks on his way home from last week's big trip to brazil where he joined millions of the faithful for world youth day. the argentine pope personally greeting followers, even walking down some of the streets of the slums without his bullet-proof pope mobile. police in southern

california say it was a mob scene. we'll report, you decide. with fighting and vandalism at the end of a surfing competition last night. here it is. south of los angeles, particularly in huntington beach where the cops say a fight broke out as a large crowd gathered. high i can't, when police tried to break up the initial brawl these rowdy crowds moved downtown, overturned some porta johns, damaged some cars and store windows. the man who shot this video tells one of our producers there seemed to be no purpose for any of the madness. it looked like crowds were rioting for the sake of rioting. just because they saw it on tv once. police say they arrested seven people on charges of disturbing the peace and incite ago riot. trace gallagher from ours west coast news hub. sounds like a lot of fights before the cops got there. >> yeah. a lot of fights, shep. including a big one that happened on a patio at a

bar directly across from the beach. a witness tells us the two guys started fighting gathered around and police used pepper balls which released pepper spray to help break up the crowd. then police say a man apparently assaulted a police officer with his skateboard and when they tried to arrest that man, well, can you see what happened. they vandalized a lot of property apparently a lot of people got hurt. here is what a few witnesses had to say. listen. >> people started getting riot mentality, started getting crazy. on main street people started pushing over porta potties, jumping on the port a that potties. >> they were police, participate precipitated. they started drinking and taunting. >> police reviewing the videotapes we showed you trying to identify people. charges will be filed. and they have identified a few of those offenders. shep? >> a lot of the people who were there, trace, are

really speaking out against the police. >> yeah, because they say the police came in and started firing these pepper balls and rubber bullets against people who were not even involved in the riot like this guy. listen. >> i ended up getting shot up. >> right there and you got some in your back as well? what did you do? >> absolutely nothing. i was here. i'm a local. this is my spot. and they didn't care. they didn't discriminate. they just started shooting people up. >> now in a news conference just minutes ago, police say yes, some rubber bullets were used but that their response was, quote: limited and restrained. in fact, some locals say when you consider the amount of alcohol and the amount of damage that a lot of these hoodlums did that the police should have actually cracked down a lot harder and police also say at next year's u.s. open surfing championship, shep, there will be some major changes and you can read into that less alcohol at next year's event. >> shepard: i bet. the fun just ended.

trace, the hunting beach has a long history with surfing. showed up there in the 20's and in the 50s the city was the site of the first u.s. surfing championships and the porta johns were fine then. the fbi reported today rescued 105 children from child prostitution part of a sweeping crackdown in 76 cities and 31 states, including dc. they called it operation cross-country. agents say most of the victims were teenage girls aged 13 to 17. sex traffickers reportedly recruited those girls from foster care our group homes. feds report the operation was the largest of its kind. part of the campaign that has reportedly rescued 2700 children over the past decade. the u.s. senate has confirmed president obama's pick to be the next director of the fbi. james comby is to replace the outgoing head robert mueller, lawmakers approved overwhelmingly to approve comby who was the number

two official under then george w. bush, bush 43. he gained attention in 2004 when he defied top bush white house officials who wanted to renew a program that allowed eavesdropping on domestic phone calls and emails without warrants. today, we got a big indicator of how the economy is doing. the first of several very large reports due out this week. reaction from the white house up next as the president touts his plans to get americans back to work. plus, a water park is shut down after a swimmer catches a parasite that attacks the victim's brain. see how safe you are when will ising that's coming up. to like 1,000 bees that were just stinging my feet. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain.

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big reports on all of those indicators and more within the next few days. throw in a federal reserve meeting and we have a huge week in store for the u.s. economy. first, we learned today americans are signing fewer contracts to buy homes. the national association of realtors reports pending home sales fell by nearly half a percentage point in june down from a six year high. experts had predicted a larger drop, so that's kind of good. july unemployment report comes out friday, remember, the labor department reports 7.6% of americans are out of work by their calculations and while all of this is going on. lawmakers in d.c. are returning to a familiar problem, avoiding yet another government shutdown set for this fall. ed henry is live tonight on the busy evening at the

white house. hello, ed. >> good to see, you, shep. fox has learned the president will be heading to capitol hill on wednesday. meeting with house and senate democrats as you noted issue number one remains the economy, especially the impact on average americans. if, in fact, we hit the nation's debt ceiling in the fall and there is not a deal to extend and lift that ceiling. also possible government shutdown. all this playing out as the new survey came out, just laying out how much this economy is still in tough shape. the associated press and gfx had a survey that basically showed four out of five measures, 79% will live near poverty without work or relying on welfare at least once in their life. white house aides today reacted to this study by saying this is why the president is out on the road talking about the middle class while republicans insist his focus a as you wrong, take a listen. >> if we don't make those kind of investments we will see the benefits flow to the top 1% and end up in the same booming cycle that led us to the worst

economic downturn in the first place. >> t economy and not enough emphasis on how do you grow the economy he? how do you create jobs? >> now tomorrow the president's economic road show continues in chat into go, tennessee. that's where amazon.com fulfillment center. hiring several thousand more people because business is boom thrsmght bottom line is the president will be talking tomorrow about jobs. just three days before that july jobs report that you mentioned, shep. >> shepard: ed, there is more news on the housing front. roughly one quarter of all homeowners in this country are living in homes less than what they paid for them. that's according to a recent report housing market tracking firm it indicates some 13 million americans had those so-called underwater mortgages first part of the year. molly line is in boston. molly. >> for betsy, owning her own home like many others was the american dream. five years ago she bought herself a town house. now, like millions of other americans, she is underwater. >> the market and the economy just like tanked.

it was awful. you know, you thinking that you are going to have some kind of profit on your property if you ever wanted to sell it. but, not in five years. it just kept dropping and dropping and dropping. >> massachusetts realtor danny griffin says upside down homeowners don't want to sell and that's leaving sparse inventory, slowing economic recovery. >> if you clear out all the foreclosed properties or a massive portion of them but there is no increase in the market to create new equity positions where fewer houses are upside down, what happens? there is this massive void. who can sell? >> a federal program called harp, the home affordable refinance program offers underwater homeowners who are current on their mortgages whose loans are owned by fannie mae or freddie mac a little bit of help refinancing. it's also been extended. the good news for two more years and goes throughout 2015, shep? >> shepard: molly, exppg

another big report tomorrow on the housing sector. economists estimate that the s and k schiller price index actually climbed month to month in may. what is that in the index provides monthly changes in the price of residential real estate in 20 metropolitan areas across the country. an entire water park is closed as fox reports tonight after a swimmer caught a parasite that the doctors say eats your brain happened in little rock, arkansas. officials tell us a young swimmer got very sick there are reports that the swimmer is a 12-year-old girl. doctors say symptoms start kind of like a cold but that the parasite soon causes seizures, confusion, then hallucinations. the infection almost always deadly according to doctors. health officials say infections like this are rare but the parasite can live in lakes most often all over the united states. i asked the doctor on "studio b" today. >> these are microscopic little parasites. they live in the water. and then when you dive into

the water, the water is driven up into your nose and then the amoeba up there winkles its way into the brain and causes its damage. >> shepard: winks is winkle is the technical term. the doctor's advice when you jump into the lake hold your nose. experts are recommending screening for lung cancer in smokers, they say it could prevent some 20,000 deaths a year. that's from the u.s. preventative services task force that came out today. lung cancer is the deadliest form of cancer worldwide killing 160,000 people a year. roughly 85% of lung cancer caves can be linked to smoking. doctors say the special screenings could help current or former smokers 55 to 79, 30 packs a -- 30 a day.

demonstrators died by the dozens in egypt over the weekend. as chaos rules, weeks after the military deposed the country's first democratically elected leader. now the u.s. government is speaking out on the crisis as another international power sends in its top diplomat. for years they endured torture inside the infamous hanoi hilton. today senator john mccain's heart felt farewell to his vietnam cell mate and bud. did you download that book i sent? yah, nice rainbow highlighter. you've got finch for math right? uh-uh. english? her. splanker, pretend we're not related. oh trust me, you don't want any of that. where you can sit can define your entire yea and what's the most important thinto remember? no face to face contact until we're off of school property. you got this. sharing what you've learned. that's powerful. verizon. get the samsung galaxy s3 for $49.99.

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>> shepard: europe's top diplomat held talks with egypt's interim government today in cairo to try to mediate an end to the country's current political crisis. this, of course, comes after more violence over the weekend between protesters and egypt's military. violence claimed the lives

of at least 80 supporters of the president mohammed morsi. meanwhile a white house spokesman addressed the situation today saying violence not only sets back further the process of reconciliation and democratickization in egypt it will impact regional security. in other words, this is bad. u.s. officials still remain silent on whether they will suspend military aid to the country. leland vittert with the news from jerusalem early this tuesday morning. leland? >> good morning, shep. things are being set up for another showdown in cairo. sometime in the next 12 to 24 hours. i want to show you some video just in tonight from muslim brotherhood headquarters there in cairo. they have taken up at a mosque where they say they plan to march in protest of the deaths over the weekend. where they are march something exactly where the army has said they cannot. towards the government and security institutions around the country and they say that is where they are going to put things to the test, whether we end up with a repeat of the kind of violence we saw over the

weekend is largely going to depend on a test of wills of who can hold their fire longest. shep? >> shepard: leland airport officials in cairo say over the past three days multiple flights scheduled to arrive in egypt have been cancelled while others arrive less than half full. political turmoil over the past two and a half years has not only hurt the country's tourism but its economy as well. one of america's -- america has lost one of its real heros. his name colonel bid bud day. an air force fighter pilot and the vietnam war. he spent five and a half years as a prisoner of war in the infamous hanoi milton. he was a cell mate of senator john mccain and endured torture without ever handing over u.s. secrets. that earned him the medal of honor after his release. he was new england our country's most decorated service members racking up nearly 70 medals and awards. today senator mccain spoke about the man he called his friend, leader, and inspiration. >> i will miss bud every

day for the rest of my life but i will see him again. i know i will. i will hunt the field with him. [choking up] >> and i look forward to it. >> shepard: colonel day died saturday in florida where he lived with his wife. colonel day was 88 years old. well, big battle between c.v.s. and time warner cable could cost millions of americans their favorite tv shows it could. with the deadline a few minutes away now the could go dark. who is affected and how long might this last? we will have the details of this television fight coming up. [ male announcer ] these days, a small business can save by sharing. like carpools...

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schlep shep in about three minutes, 15 seconds, viewers in the largest tv markets could lose access to one of the big three tv networks. cbs and time warner cable extended a deadline to 8:00 p.m. eastern time in that spat over money. original deadline was originally set for three hours ago. cbs is demanding pay more to carry tv stations. if there is a blackout people won't see shows like big brother and under the dome. hour-to-hour court said don't sweat it. >> if this were to become a protracted fight, people would lose access to not just those entertainment programs, news, cbs sports, of course, but base on the experience here, i think even if it goes into overtime, a day or two, somehow they will come to a settlement. >> shepard: cbs owned show time is also involved in this disputed. two of reality televisions biggest stars indicted today on federal fraud and tax charges. the feds have charged joe

and theresa the charge of bravo's tv house real hives of new jersey fraud lenders illegally obtaining mortgages and hiding assets and income during a bankruptcy case. you will remember they applied for bankruptcy back in 2011. you might, i don't. but it was later denied. theresa judy released the following statement today i am hopeful that we will resolve this matter with the government as quickly as possible. so am i. both defendants are scheduled to appear in federal court tomorrow. before we go, our team's top five things of the day. number five, an asteroid as long as five football fields set to zoom right past our planet tonight. number 4. new survey shows parents are spending $428 on average for back-to-school items. that's down from about 600 bucks last year. number three, this evening, the senate approved james comey to head the fbi. republican senator rand paul had dlend to delay the vote demanding answers over our droning policy. number two, a former fbi official testified that the

accused mobster whitey bulger denied to him that he was an informant. and number one, a judge says he expects to read or she expects to read her verdict tomorrow afternoon in the wikileaks trial of the u.s. soldier bradley manning. and that's "the fox report's" top five. and on this day in 1958, congress passed legislation establishing the national air not air nautics space administration. spud nic the soviet union's first satellite. it sparked united states by surprise and fears that the soviets could be capable of sending missiles from the europe to the united states. the u.s. response triggered the start of the space race. the u.s. sent his first satellite into orbit a few months later. the battle between the countries would go on for years until americans successfully put the first man on the moon in 1969. but nasa landed here on earth 55 years ago today.

and now you know the news for this monday, july the 29th, 2013. i'm shepard smith. thanks for checking. in we're all back tomorrow, noon pacific, 3:00 eastern, right before the o'reilly factor which coincidently starts now. >> bill: the o'reilly factor is on. tonight: >> what is bill o'reilly talking about the african-american family? it's hard to take much of this race talk seriously. >> bill: al sharpton fighting back from charges he has done little to help the african-american community and, in fact, is now in business with a group that puts out vial rap garbage. we have a follow-up report tonight. >> just because you can have a baby, it doesn't mean you should. especially without planning for one or getting married first. >> cnn anchor don lennon apparently agrees with me about some of the problems that have driving racial division. dr. ben carson on that. also tonight, bernie