sanctuary in orange county 70 miles north of new york city. he's been at the farm and police were able to block the road and he is safe. thank you for joining us. >> shepard: it's 3:00 on the east coast, noon in california where one wildfire is now the deadliest wildfire in the history of the state and the worst news is in the future. crews say it could take weeks to take out the flames that's killed at least dozens and devastated towns and left lives in ruins. >> the worst fire storm i've seen. i've fought a lot of fires. >> we have a lot of friends where their house gone. >> shepard: live team fox reporting from northern and southern california. in florida, one county will miss the deadline to recount the ballot and a judge said it's

time for everybody to ramp down the rhetoric. plus, word of a recording that could link the killing of the washington post columnist to the saudi crown prince himself. it's as close to a smoking gun as you'll get. reporting starts now. >> shepard: and we begin with the wildfires raging in the american west including the deadliest and most destructive inferno in california history. a fire in northern california now blamed for at least 42 deaths after roaring to life in pre-dawn hours while many residents lay asleep turning communities into ash. and the notice from authorities that like yesterday, more than 200 people are still officially missing. search crews report finding bodies in burned out cars, in burned out homes and even on

front steps. this was once a whole row of mobile homes in the town of paradise. the only things left, metal beams and cinder blocks an piles of molten metal and many dealing with the reality some of their homes and neighbors are gone. >> in paradise our neighbors didn't make it out. >> we watched cars melt and people screaming hair on fire. i don't know how we got out. it was two lanes going out and burning and exploding. >> everybody has such a normal life everywhere but here. everybody's just going to work and the sun is shining and our lives and our world is not. >> shepard: that's northern california. to the south, a flare-up west of los angeles around malibu. firefighters racing and bracing for another round of santa ana winds also known as the devil

winds. hot, dry and powerful gusts that can whip embers from the ground into a fire storm. officials say the fire here has killed two and burned hundreds of structures. in malibu aircraft have dropped fire retardant painting them pink. one family said they watched two homes burn to the ground on live television. we have team fox reporting. the chief correspondent jonathan hunt from malibu and claudia hunt reporting from the town of paradise first. >> reporter: from the ruins of what was the paradise and some encouraging news to report. the fire is now 30% contained and crews have kept it from advancing towards a city of 19,000 people. here in paradise the cleanup is

underway and they're clearing away debris so power can be restored and evacuees can come back. no time frame for that though. could be after thanksgiving. at the same time, more than search teams are shifting through ashes searching for remains and looking for bodies and looking for vehicles in driveways and roads and we heard where a car got stuck in front and all the people perished and 52 evacuees wait out with friends and shelters and mall parking lots have become tect -- tent cities with survivors sharing stories of how they escaped the flames. >> a couple days later we made it through and the cars in front of where we stopped were all on fire. guardrails were gone and people were driving crazy zipping back and forth without looking. >> reporter: the president today has been expressing his

sympathies an last night declared a federal disaster freeing up federal funds to help with the recovery and tweeted his support for the firefighters an families. and the impact of the fire extending far beyond the city of paradise. toxic smoke is affecting millions of californias and even forcing school closures in oakland nearly 180 miles away. shepard. >> shepard: claudia cowan and breaking now another fire has re-emerged. you can see the plane dropping fire retardant over the lake sherwood area and the fire just flared up this morning. in fact in the last hour, hour and a half. there's brand new evacuation orders as the previous ones had been lifted. for most of us in the country putting ourselves mentally in this position is hard to do. most of us for most areas of the country have never been in the

middle a complete fire storms where in every direction flames rage and there's no way out or where neighbors have died in their homes or while sitting on their porches but that's the reality in northern california and it's what they're trying to prevent now in the south. team fox coverage continues and our team correspondent jonathan hunt from the wind-swept hills in malibu outside l.a. >> reporter: the city of malibu remains sealed off. tens of thousands of people evacuated and anxious to get back home. i imagine it will be at least 24 hours when they are allowed to return and when they do, this is the heartbreaking scene that awaits many families. the iconic chimeny stack often the only thing standing and left standing a beach cruiser left

the saddle left melted to some extent but otherwise intact. as we come along here what was presumably the office area of this particular home filing cabinets scorched and everything in them lost. vehicles the same, shep. just completely scorched, completely destroyed. and i think it's easy to think of malibu as an area of millionaires an mansions, well, it does have that too but this is the street i lived on a decade ago. this is where i lived when my youngest daughter was born and the street i taught my eldest daughter to ride a bike and a dozen homes are gone and many live in these ranch-style homes and hard working americans far from the celebrities malibu is often associated with and those

ordinary americans are coming back to this kind of devastating scene. it's going to be heartbreaking for so many families over the next few days and weeks, shep. >> shepard: i had no idea, jonathan. what's it like for you being there now? >> reporter: you broke up slightly there. i think you were saying you had no idea i lived here and what's it like? it's heartbreaking. there's a guy on the corner, his home is no longer there. i don't know where he is. he used to come out and help my oldest daughter, jordan. you know her well. this is where i taught or the ride a bike and he used to come out and encourage her and clap if she got on two wheels. his home is completely destroyed. i hope he got out. i believe he got out but i don't know. i have other friends who live across the way here. i've been down to check on their homes and they're thankfully okay and they're home has not been touched but so many people

have suffered so much and it's important to emphasize these are not millionaires. these are ordinary americans in very simple homes. many have lived here for decade and took the homes over from their parents. they were here when it was just country side before any celebrity discovered malibu and now they have nothing left. >> shepard: very sad, the best to them. recounts, believe it or not, are exceptionally rare in america. fewer than 1 in 100 races every require a recount and rarer is a recount that changes the results. that said, the recount is going forward in florida. and we'll take you there as reporting continues this tuesday afternoon and an astounding new report coming from the white house. that's later. smile dad.

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not be finished in side and a judge said, ramp down the rhetoric. we're outside the thrilling election place in lauder hill. hello. >> reporter: just minutes ago a major milestone for broward county. they just completed tabulating all the ballots that were put in early. now, they have to get to the vote by mail ballots and all those from election day and the early votes which they just completed equals about 300,000 votes. that's almost equal to all that cast on election day. all the ballots remain in bins. this is inside the building behind me under tight security under the watchful eyes of sheriff deputies. every ballot once counted will be stored in a tightly secured room after the recount is said and done. still to be recounted, votes by

mail on election day, like i said, deadline of 3:00 p.m. thursday. >> we will complete the recount. there's never been a deadline we don't make. >> the senate race very title. senator bill nelson behind me and governor rick scott and the votes are .15% and he spoke in the senate floor from an office in d.c. >> this process is about one thing, making sure that every legal ballot is counted and protecting the ride of every floridian. >> reporter: meanwhile in miami-dade more populeous

they'll make sure to make the count. >> shepard: no election has every been overturned with a margin this large by more than 17,000 votes. now there's a senate run-off. the republican center cindy hyde smith running for a full term under scrutiny for a comment she made putting the state's troubled history of race and politics back in the spotlight. her opponent is the democrat mike espy and served as agriculture secretary for president bill clinton and trying to become the state's first black senator since reconstruction. here's the comment causing the controversy. it's from the second of the month but just coming forward. senator hyde-smith was campaigning and how she described her loyalty to a

supporter. the phrase, public hanging on the front row is especially loaded in the state of mississippi. the naacp said there were more than 700 lynchings in the united states between 1882 and 1968 and more happened in mississippi than in any other state, about 1-8 in a state where the current population is nearly 40% black. senator hyde-smith issued a statement that she didn't mean anything negative and an exaggerated expression of regard and added she will not speak of the incident again and has not. trace gallagher reports on the state of the race. >> reporter: shepard, records show african american women and teenagers were among those lynched and the naacp has come down hard on the comment calling

it sick and going on to stay, quoting to envision this brutal and degenerate type of frame during a time when black people and jewish people and immigrant are still being targeted by while nationalists is hateful and hurtful. when hyde-smith's component was first asked about the comment on cnn he deflected saying we need leaders to bring us together but later his campaign called hyde-smith's comments reprehensible saying there's no place in our political discourse. in mississippi and our country we need leaders not dividers and her words shows she lacks the information and judgment to represent the people of our state. as for hyde-smith, she accepted an endorsement from the national right to life president and asked repeatedly about her comment. >> we put out a statement yesterday and we stand by the statement. >> can you expand why you said

it and what you meant by it and why people in the state should not see it as offensive? >> we put out the statement yesterday and it's available and we stand by that statement. >> reporter: that statement reads quote, in a comment on november 2 i referred to accepting a speaking engagement and any attempt to turn it into a negative connotation is ridiculous and one person said the controversial comment could have been phrased better but meant no offense and has no ill will in her heart. >> shepard: in georgia, folks are still waiting to find out who their next governor will be. a federal judge last night ordered the state to wait until at least this friday, friday at least to certify any results. the democrat, stacy abrams,

sueded for more time to get the votes counted. she's fighting to become the state's first black woman governor and it's so close it could go to a run-off. her opponent has declared victory. we're reporting live from atlanta. >> reporter: democrats are celebrating a series of federal court rulings in their favor. just today a judge blocked elections official in guinet county because voters failed to write their birthday or got it wrong. it follows a separate ruling for a good-faith review of provisional ballots for voters flagged because of issues with their voter registration. brian kemp is a fraction of a point above the 50% flesh hold to win outright. abrams hopes to get enough votes to force the race into a

december 4 runoff. >> she needs to vet 12,000 votes with provisional ballots from democratic counties she can get part of the way there but brian kemp's campaign doesn't believe there's enough ballots outstanding to bridge that gap even if she gets all the votes. >> reporter: they accuse abrams of using the courts to steal elections an the abram's camp accuses them of trying to suppress voters. >> shepard: ahead the latest on lawsuits involving the trump administration, cnn suing the white house over the suspension of the white house co correspondent's press tab and the fight over one attorney general. that's next. i am a family man.

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jeff sessions was forced to resign. the white house said the appointment is legal. andrew napolitano has disagreed. our correspondent catherine herridge reports. >> reporter: it allows the president to make a temporary appointment. >> no question the president and the department of justice leadership has confidence in matt whitaker. he has a full and legal authority under the vacancy reform act of 1998 where senior who's been -- where someone that's been a senior official can act as attorney general. >> reporter: they're looking at whether he had the authority to make the department because whitaker was called a senior or principle officer. >> yes, within certain limits. however, the question is whether

he also qualifies under the constitution. that's a closer call. >> whenever you get something not settled you'll always have this run of unintended consequences from it. >> reporter: and this morning the state of maryland filed these court papers challenging whitaker's appointment as acting attorney general. the legal challenge comes as part of an existing obama care related lawsuit and here's the key quote, the appointment of whitaker as acting attorney general instead of deputy attorney general rosenstein violates the succession act as well as the appointments clause of the constitution. the state of maryland is seeking an injunction in the case. whitaker is consulting with ethics officials at the justice department and we could get a legal opinion at some point today and the justice department is declining to comment on the maryland suit for now. >> shepard: catherine herridge report from washington. new today, the first lady is calling for a top security aide

to be fired. saying the aide no longer deserves the honor. details in a moment. first, cnn is now suing president trump and members of his staff including bill schein after the white house yanked credentials from bill acosta saying tripping stripping his pass violates the right to right to press and they accuse jim acosta of acting unprofessionally. >> reporter: it's a who's-who involved. cnn and the chief white house correspondent jim acosta and they name president trump and john kelly and the deputy chief of staff and bill schein and sarah sanders, the united states secret service and its director. it stems from the white house's

decision to strip acosta from accessing white house grounds after last week's press conference in which he question the president refusing to give up the microphone when approached by the intern. the aforementioned have infringed about his first and fifth amendment rights. they have also taken issue with the process. here's an apart of the lawsuit, quote, defendants did not allow the plaintiff to be heard nor provided any avenue to challenge or appeal the revocation of his credentials. rather, defendants state they'd do not plan to rescind the revocation of acosta's credentials. they said cnn is grand standing and will fight the suit and quote, the first amendment is not served when a single reporter of more than 150 present attempts to monopolize the floor. if there's no check on this behavior it impedes the ability

of the president and white house staff and members of the media to conduct business. by the way, the white house c e corresponde correspondent's association made a statement. representing jim acosta is a big-time lawyer in d.c. >> shepard: melania trump is calling for the firing of a white house staffer. >> reporter: last month the first lady took her first solo trip to africa. there were reports the first lady was not happy with the national security adviser to the preside president, his deputy. the spokesperson for the first lady said ricardo should no

longer be working in the white house. this the statement in full, it's the position of the first lady ricardo no longer deserve the honor of serve white house. with all the speculation involving who might be leaving and who might be staying and there's a lot of it these days, normally the west wing will say there's no personnel announcements at this time and you'll know when the president has lost the confidence of someone. in this case, the office of the first lady has gone ahead and said the deputy to john bolton shouldn't be work at the white house. shepard. >> shepard: d.c. law makers are back in the white house and the first job is to avoid a partial government shutdown. there will be a showdown. that's next. man: when the steel mill shut down, it left behind an environmental issue. man 2: it was environmentally contaminated.

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to washington this week after midterm elections. republicans added to the majority in the senate but the current congress is still in power until the new one take over but not until next year. our chief congressional correspondent reports. >> reporter: republicans are expected to vote on their leadership and expected to continue with mitch mcconnell as the majority leader. senator john thune is expected to step up on the whip and they'll have a new senator of the republican congress and they'll have a new chairman of the republican policy committee. then iowa's joni earnst will

step in. jim rich is expected to take over. roger wickers is likely to lead the commerce committee and oklahoma's jim inhofe will chair the armed services. they're looking forward to getting to work. >> it's orientation day and we had a good meeting this morning with the leader. and we spoke about not only issues but personnel matters and leadership matters. >> reporter: one race still to be determined is the senate seat and the incumbent is here and republican rick scott is expected to travel here later today. scott hoping to be prepared if he is declared the winner. shep. >> shepard: mike emanual reporting. there's a test to avoid a government shutdown. fox news senior producer reports.

>> reporter: the house senate and president trump crafted bipartisan practices agreed to an interim problem to run everything else through december 7 but they could face the shutdown then. the flash point, president trump's demand for a border wall. >> we intend on having a full-fledged discussion on how to complete the mission of securing our border and we will have a big fight about it. >> reporter: border wall money falls in the purview of the department of homeland security. it's one spending area congress addressed with the band-aid. imagine a pie with a little more than $1 trillion with medicare and medicaid they must agree to each year and slice the pie into 12 uneven pieces. the biggest wedge, more than 50% goes to the pentagon and the

smallest sliver is under $5 billion. they approved five of the 10 spending bills leave en slices up to december and there's the dhs appropriation bill where the wall could be to the problem. >> if they don't agree on funding for the remaining seven appropriations the government will shutdown. >> reporter: here's another factor this year. hurricanes. >> i suspect with the hurricanes recently with florence and michael we're likely to see a lot of additional disaster assistance when you see the devastation in the areas. >> reporter: what does congress do to help with hurricane relief? sometimes it creates a 13th or 14th slice of pie. not from the existing pie mind you but from other pies somewhere. these pie slices are called supplemental spending bills and designed to cover natural disasters and war and terrorism. they might combined the disaster

money with other spending measures. the fight could complicate lawmakers approving hurricane relief or the need for hurricane disaster need could make the border wall battle easy as pie. >> shepard: look at the dow now. the overnight here's the reason this is of interest. overnight all the signs were this was going to be a big day. all the trends were up. the early morning numbers were great. the early morning reality was good and then all of a sudden. we plunged more than 600 points yesterday but the big story monday was oil prices. it's a huge story today because the oil markets have closed for the day and the numbers are eye-popping and now historic. the fox business network's correspondent reporting. >> reporter: if you look you will see prices settling at $59,

$69 per barrel. the steepest plunge in more than three years and worth noting 12 consecutive sessions down. the longest losing streak ever. we're clearly at a new 2018 low. very much a reversal from the patterns we saw earlier this year when the u.s. said it would re-impose sanctions on iran. we saw the prices get support. in the meantime, production never been stronger in the u.s., in saudi arabia and russia and there's fear about over supply and that's part of what is pushing oil prices lower. we're seeing that show up in the stock market as well, shep. >> shepard: the stock market hasn't been able to decide what it thinks. >> reporter: and it looked like green on the screens after two days of very heavy selling for the dow. three days of heavy selling on the s&p 500 and now seems not

surprisingly oil stocks are dragging hard. if you look at the dow which the viewers see chevron, texaco is one of the biggest losers and 27 of 29 oil stocks on the s&p 500 lower today, shep. >> shepard: thank you very much. deidre bolton report from new york. a possible cease-fire in the middle east to report today after the heaviest fighting between hamas and israel in years. we have a live report from near the border in israel and gaza. and the fired are erupting again in southern california. live pictures from fox 11 for the southland. when the newscast began these were a few embers flaring at the bottom of the canyon and you remember the flames and the chinhook helicopters dropping and now neighborhoods are being

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before our eyes. you can see the red glow coming and now some flames lapping over as they zoom in. the fires are coming up the hills but it looks like this side has already burned. a long and horrible fire season ahead and always keeping in mind in northern california, the list of the missing is still at more than 200. this one is in the l.a. area evacuations underway. about 10 minutes before 1:00 in the afternoon on the west coast. palestinian militant groups agreed to a cease-fire to stop the heaviest fighting between the two in years. so far there is no word on whether israel will also accept the deal. it has been arrange egypt. the violence triggered by a botched israeli undercover raid in gaza sunday.

seven palestinians and an israeli officer reportedly died. since the military reports mi militants have fired nearly 500 rockets and israel has hit nearly 200 targets across the gaza. benjamin hall is near the israeli-gaza border. >> reporter: hi, shep. we're about a mile or so from the border and as you say there's been a cease-fire today. it's not clear who proposed it or accepted it. let me show you where i am at the moment. i'm in a town and people are furious not at hamas but at benjamin netanyahu and his government. they're saying they wanted to see more action from the israeli government. they wanted to see them go in and get rid of this threat, 460 rockets have come over in the last couple of days. many hitting here.

hundreds shut down by the system but not enough for the people here and the chant you're hearing now is resign. they feel it's the duty of the government to protect them more and in gaza people are celebrating. they feel they have won a victory and have forced israel to back down. so the anger here now is felt towards benjamin netanyahu and his government. this was near the brink of ware before egypt became involved and now here they're burning tires and screaming. a cease-fire may be in place but tensions are high. >> shepard: wow, benjamin hall reporting in the middle of it all in the town of sterat and the pictures kind of tell the story there. cameras attract attention. there is a recording showing the link between the columnist

death and the crown prince of saudi arabia. the new york times is saying they have a quote to tell your boss after the murder the mission was compete of khashoggi. they say it does not conclusively proved the prince was involved. greg palkot report from london. >> reporter: it could be as close as a smoking gun as we'll get in the killing last month of khashoggi and members of the saudi hit team said to somebody on the phone in fact the deed was done. the two people on the conversation also were close advisors of the crown prince. they believe at the highest levels of the saudi government people new. though saudis said they didn't hear that comment about the boss and the national security adviser john bolton said it

doesn't seem to implicate the crown prince. we'll see. the story's not over. >> shepard: greg palkot live tonight from london. our reporting continues next.

>> shepard: a major update out of the state of ohio. investigators say they have now made four arrests in connection

to the massacre of eight members of one family. it happened more than two years ago and we reported on it here extensively. the suspects are members of another family but there are lots of tie-ins. matt thin reporting from our news hub. >> reporter: this is considered the largest homicide investigation in hoe ohio's history. today ohio' as attorney general announcing the suspects. the fourth family members were always considered suspects and their property was searched and they change third name and moved to las -- alaska. seven family members and a fiancee all but one of the family members were shot in the

head. most were killed as they slept. the father of three people killed that day was shot nine times. he tried to fight back and his body was found more decomposed than all the others. the family had a marijuana growing operation and considered perhaps a motivation and ohio authorities have a press conference scheduled for any minute where we expect to learn more about the investigation, shep. >> shepard: reporting from our midwest news room. american bishops deciding what to do about the sex abuse in the catholic church but do not expect major action because of an order straight from the pope. the catholic bishops are meeting in baltimore. they planned to vote on some proposals to address the crisis but as the meeting began yesterday pope francis told them to halt plans until february.

lauren greene reporting live from baltimore. >> reporter: the vatican upset the bishops' plans on dealing with the sex-abuse crisis but they want to move forward on a resolution. the committee are presenting proposals of their top concerns and code of conduct for bishops an protocols for restricting bishops removed or resigned due to the sexual abuse of minors guilty of negligence. though there may not be a vote it may be better in the long run as they look ahead to the pope's meeting in rome. >> we're going to vote on a sense of direction. we'll vote to say, this is how we want to proceed and cardinal dinardo we're thauauthorizing t

represent that. >> reporter: there were signs and many are angry the church seems more concerned about the church 's structure than members. >> they need survivors to tell them the truth and instruct them on how to handle the situation. they need to not just listen but act on what we have to say. to not respond is to take the side of the abuser and enabler. >> reporter: all right. so i want to repeat, the goal now is to make sure they're heard in rome in the meeting in february. that's what they're working on right now, shep. >> lauren green reporting live. should news break out we'll break in because breaking news changes everything on fox news channel. after the reporting we'll have a fox news update on facebook watch and we have unique content that streams live on the facebook watch home page in

minutes from now. once concluded it will be available online. the final bell is ringing on the dow is down on the session, oil down for a 12th straight session. the longest in history. cavuto starts now. lawmakers began arriving on capitol hill. it's a as the balance over leadership wages on. welcome, everyone, and this is "your world with neil cavuto." the power is moving to high gear as democrats and republicans prepare to pick their leaders. who is in and who is out? mike emanuel on capitol hill. mike? >> mike: one race to watch, in the house. one newly elected republican says he's impressed by both. >> i