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tv   Studio B With Shepard Smith  FOX News  September 18, 2009 3:00pm-4:00pm EDT

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we will tell you about the secret report that is making those claims. another development for acorn. after months of controversy, lawmakers in washington on both sides of the aisle are dealing yet another serious blow to acorn. we will have more on that. and in box number three, the investigation deepens at the home of phillip garrido. california police are looking for evidence of more sickening crimes against the man already accused of kidnapping and raping a girl he held captive for 18 years. first, the explosive development in the obama administration's criminal investigation into the cia. seven former directors of the spy agency are asking the president to stop the investigation into the techniques used on terror suspects after 9/11. at the techniques -- the interrogations took place under
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the bush administration. eric holder announced last month that an independent panel will investigate the allegations of abuse against the cia. catherine herridge has the details. investigators have considered this for some time, right? >> i talked to a senior intelligence a -- official who told me that the real trick was finding a language that would be firm and clear, yet respectful and professional, because it would be directed at the president himself. rick: what does his letter say? >> there are two parts that sum up its essence. attorney general holder's decision to reopen the investigation creates an atmosphere of continuous jeopardy for those whose cases the department of justice had previously declined to cross to -- prosecute.
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moreover, there is no reason to expect that the reopened investigation will remain narrowly focused. here is the second section of the letter, which i think is noteworthy. in other words, when you take information, such as the inspector general's report, and you declassify it in the way it was done by the justice department, you reveal some tricks of the trade, if you will. you make it easier for our enemies if they are ever captured by the united states. rick: and i know from reading your notes and from our computer system that the cia has responded to the letter. what are they saying? >> i just got this in the last
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few minutes from the press office over at the cia, and it has been sent out on behalf of leon panetta, the cia director. it reads in part, "director has stood up for those following legal guidance on interrogation, and he will continue to do so is." the response also indicates that he is grateful for the president's report to the agency. a lot of dramatic developments on a friday afternoon, which is often with these stories land, for a number of reasons. -- which is often where these stories land, for a number of reasons. rick: iran could build a nuclear bomb. that's stunning development from an iaea report obtained by the associated press. the frightening news does not end there. according to the report, titled "possible nuclear dimensions of iran's program," they have made
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greater advances in missile development than previously thought. they could develop a missile capable of carrying a nuclear warhead. tell us what is in this report. >> essentially, they are showing that iran has the know-how and ability to build a nuclear bomb. that is more than the head of the iaea has ever said. they also show a few instances in which they think that the missile delivery system is further along than expected in terms of its ability to carry a warhead. they say there is a secret compartment in the ballistics component of the missile that would have been able to carry a warhead, and also that they have probably tested some explosives that could be used to detonate a bomb in mid-air. so these are explosive revelations coming out of the iaea after -- at a sensitive
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time for the obama administration. rick: let's talk about this for a minute. it does contradict not only what the white house has been saying this week, but also the head of the iaea, who has publicly said very different things about iran's program. what had he said prior to the leak? >> it is interesting. we talked to some of the staff members of mohammed el baradei -- elbaradei. he has been criticized for making statements about iran that were too weak in regard to their obtaining nuclear weapons.
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so, in fact, the iaea has more information than has been made public. rick: and now to the white house, who give the rationale for suspending this shield because of intelligence showing that iran was not very far along in its miss out program. this seems to go smack in the face of that, as well. >> it does. but the white house and pentagon have been saying that the long- range missiles, the icbm's, have not gone as far along as they fought in the past. they say that intelligence has shifted and iran is three years to five years behind where they initially thought, in terms of missiles that could reach the united states. this iaea report does not specify the range of the missiles. most likely, they are referring to the shorter-range missiles. but it is interesting. listen to what vice-president
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biden said yesterday in iraq. it is a very different town. -- tone. >> [inaudible] >> again, the tone of what the vice president was saying about the threat is very different from this leaked report out of the iaea. rick: thank you very much. jennifer griffin at the pentagon. we are tracking h1n1, and new word from the world pork -- world health organization today is that manufacturers will not produce as much vaccine for the virus as originally was thought. jonathan, why are drug makers producing less vaccine with flu season just getting under way? >> the original estimate, 4.9 billion doses worldwide, was based on a hypothetical. if 8 h1n1 -- if a 21 became so
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severe -- if h1n1 became very severe, they would possibly have to create that much. but h1n1 has not mutated and is not as deadly as thought. and now, rather than two doses to build immunity, adults may only require a single dose. manufacturers may continue to make seasonal flu vaccine. as far as supply here in the u.s., it will not affect us at all. the government is ordering 195 million doses of vaccine, all set to arrive before the end of the year. back to you, rick. rick: any other headlines from that press conference? >> mostly good news. the virus has not mutated, so they say that it is a good match for the vaccine they have. they believe the vaccine will be
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highly effective. also, the disease remains susceptible to anti-by role drugs, so people with severe cases can still be treated -- the disease remains susceptible to antiviral drugs, so people with severe cases can still be treated. rick: when we come back, several legal hurdles remain for a kentucky high school football coach. plus, investigators are back at it in california at the home of philip and nancy garrido. they are searching for clues after cadaver dogs uncovered what could be human remains. and we have a chilling pictures.
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rick: stunning new developments in the case of phillip garrido, who police say kidnapped and 11- year-old girl and held her
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hostage for two decades, fathering two children with her. now, investigators revealed that dogs are finding -- now investigators revealed that dogs are finding of new evidence. now, jaycee dugard and her children are back with her family. cops continue to search the are in california, and they are doing and methodically, as you can see. they hope to find clues related to the disappearances of two other girls, just one day after bone fragments were found on the scene. it is not clear whether the bones are from an animal or human. and check this out. these pictures were from inside the garrido home. this is where they lived. cops claim that it is too unsafe for any human to live in.
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there are piles of garbage and deceptive:the house, among other things -- there are piles of garbage and a septic hole in the house, among other things. sergeant j.d. nelson is here to talk to us. tell us what you found. >> i have not been inside the home. they are keeping it off limits for evidentiary reasons. i have spent quite a bit of time on the actual property, the grounds. rick: we know that a lot of crews have been in their -- there. >> you are right. there are two properties. there is a neighboring property that garrido had access to for
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several years, and the actual property lived on, where the girls were held. the garrido property is, to put it the best way, like trying to find evidence in a landfill. there is a tremendous amount of jobs in debris -- junk and debris, so that is what we have to go through for evidence. rick: i understand that special dogs were brought and specially trained to look for older debris. >> the county sheriff's office has cadaver dogs, and that is what was brought in yesterday. they are specially trained to find human remains, and two of them indicated an area on the property of the garrido house. each dog works independently, so the first dog was brought in,
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finding a tentative indication, and the second dog was more forceful, indicating right away and the same area. rick: these two girls who have not been found, these unsolved cases -- is there any other evidence that could potentially link garrido to the disappearances of these two young women? >> it is kind of complicated, because two agencies are investigating the cases. two different police departments. each piece of evidence goes through both of them. we are here to facilitate her with our crime lab and help with evidence processing. any items recovered as of now, they would speak about it if it had value. they did say at a press conference this morning that there was nothing found that
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overwhelmingly pointed in the direction of those kidnappings. rick: i know you see a lot of things in your line of work, but it must be pretty creepy walking on this property. >> that is the word that i have been using to describe it. it is just creepy when you are back there, looking around, and you think of the atrocities that this guy committed, and you are right there on the property. it gives you the willies, is creepy, and everybody that works here wants to go home and take a shower. rick: sergeant j.d. nelson, we appreciate you coming on and talking to us. thank you, sir. when we come back, this meeting could help shape the future of the gop. details on the values voter
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summit in d.c. and he was accused of reckless homicide in the death of one of his players and found not guilty after a 90-minute the liberation. will jason stinson be able to coach and teacher again?
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rick: it is called the values of voters a summit, and it is kicking off in washington -- it is called the values voters summit, and it is kicking off today in washington. one of the most anticipated parts of the event is the 2012 straw poll. what have we learned? >> we're getting protests from people attending this event that we should not be speaking during roy blunt of missouri's speech. you have seen a crowd members come up to reporters doing live shots, protesting them doing so. if i am yanks from my position, you have to bear with me -- if i and yanked from -- if i am
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yanked away, you will have to bear with me. carrie prejean is here, among others. it is a must-see event. excuse me, somebody is getting in my shot. excuse me. i am doing my job. excuse me, sir. you are interrupting my work right now. please. you are causing a disturbance. rick, i guess what is best is to avoid a further confrontation, we no longer broadcast from here. i will throw it back to you. rick: that is too bad. a lot of people are interested in this summit, but at the same time, i can relate, having covered events before where you are in a room and people want to listen to a speaker.
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james, we will get back to you, perhaps later on when there's a break between speaker so we can get the news out to people around the country who want to know what is happening at that summit. james, we will talk to you soon. when we come back, a couple is suing wal-mart because of photographs of their children. the photographs got taken away, and so did their kids. it seems like a wal-mart photoshop worker was concerned about some of the workers -- pictures he saw, and he got the police involved. do the parents have a case? instead of $5 per person for fast food,
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rick: now to the former high school football coach found not guilty this week in the heat- related death of one of his players. in a rare trial, the jury decided that jason stinson's verdict was not guilty. new fallout over the future of high-school sports across the country, with prosecutors claiming that stinson pushes player so hard at practice last august in kentucky that one of them died in 94-degree heat. stinson faced charges of homicide and endangerment. even though the jury found him innocent, he still faces a civil lawsuit from the parents of max
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gilpin. we are now hearing from the jurors in the case, right? >> that is right. we heard from one man, an alternate, who did not want to be identified. listen. >> it seems like a lot of the prosecution's witnesses did not seem to have a complete story. some highlighted how many times they vomited. it was not witness after witness presenting a complete story. >> that alternate juror also said he was surprised that it took 90 minutes to reach a decision. he thought it would happen much more quickly than that. rick: what about jason stinson? does he get his coaching job back?
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>> we heard reports this morning that were confirmed to us that if he wants it, jason stinson can have his teaching job back. the superintendent said that he is very happy with the outcome of the trial. take a listen. >> in terms of the verdict, it gives us the opportunity to move on and go back to some normalcy. we are now headed in a positive direction. >> as far as coaching, stinson has been told he is welcome to apply for a coaching job. here, though, at his former high school, that job has already been taken. rick: a couple is accused of sexual abuse after taking photographs of their children
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in the basque. workers at wal-mart turned them in, and that lead to child protective services taking the kids from their mom and dad. eventually, the parents got their kids back and neither added up being charged, but they are suing wal-mart. wal-mart says that these are sensitive allegations that they are taking very seriously. let's break down the case. joining us from philadelphia is a former federal prosecutor, and from houston, a criminal defense attorney. nice to talk to you both. this case sounds a little ridiculous to me. anyone who is a parent has taken pictures of their kids at halftime -- bath time. it is some of the cutest pictures we have taken up our kids at home. how did it get to this?
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>> law enforcement did not look closely enough. now we have someone go in the opposite direction, saying that maybe they looked too closely. but what is wal-mart's supposed to do? they are damned if they do, damned if they don't. if this is a child abuse, that is such a horrific crime that it is better to err on the side of going to the police. and given that it took a month of investigation to get the children back, i am questioning what was in the pictures. but law enforcement did their job, and now they are defendants in a lawsuit. people wonder why everyone hates lawyers. rick: i remember that the definition of pornography is, "i will know it when i see it." how could a wal-mart employee not know that this was not pornography? >> this is outrageous. this case is an example of
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people taking leave of their senses. the parents are right for suing everybody involved, from wal- mart, their employees and supervisors, right down to law- enforcement. this family was completely ripped apart for one month because no one maintained control of their common sense. it is outrageous. rick: talk about damaging the kids. taking the way for a month does not sound like the best idea -- taking them away for a month does not soundl ike the best idea. this just in. a colorado man wanted for ties to a bomb plot has admitted ties to al qaeda and is now in negotiations to plead guilty to terror charges. this is according to a senior law-enforcement official. the official says that this man in the pictures, his last name is zazi, first name najibullah,
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has received explosives training, and a possible guilty plea would be part of a deal to cooperate with the government. he had previously insisted that he had no ties or connection to al qaeda. an interview earlier this week had him saying that. but after two investigations, fbi offices in denver say that zazi is telling a different story this morning. there have been reports today that the defense team -- his defense team, rather, is saying that the fbi asked zazi's father to come in and cooperate. apparently, he did cooperate with authorities. a spokesperson for the defense team is saying that this man's father will cooperate, and he
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was to be questioned at some point later on today. this is the third day of questioning after two days of denials. now there is apparently a confession in a plea deal. mike baker is a former cia operative and a frequent guest on fox news, and he joins us now. it sounds like after three days they finally got some useful information from this guy. >> yes, and people might be surprised about why it took so long. we have learned over the past several years that -- a great deal. we have also learned the importance of patients in pursuing any of these investigations. full credit goes to the authorities, local, state, and federal, for the work put into something like this. but i stress that it is a very complex and difficult type of investigation. you do not want to jump the gun.
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we have learned that in the past. rick: as far as a plea deal is concerned, what might authorities be willing to offer this young man in return for information about an al qaeda -- about al qaeda? >> it depends on what he is willing to hand out in front. no one will do a deal of speculation, based on what he might hand over. they are being firm that if this young man has information of operational in trust -- interest -- and that is always the first concern, do they have time-sensitive information? so they will try to make a thorough assessment and be very firm with this individual. they will be reluctant to cut a deal unless they see specifics. rick: all right.
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let's talk about what information this young man might have the authorities want to know about -- that authorities want to know about. he might have been behind a subway bombing plot. what are you hearing from your contacts about what this young man might have been involved with? >> the subway issue is in the front. there have been concerns over the past several weeks that perhaps al qaeda, which is not necessarily a top-down organization, but a loose confederation, may be looking towards softer targets. they might not be giving up on the idea of a speculum -- spectacular attack, but they could be realizing that something is better than nothing. so with this case in denver, they will be looking for identifying information.
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cool else is involved? who do you know? every little piece of information. was their money involved? were there resources passed back and forth? they will be looking into the full range of issues, and nobody is rushing into a deal, because they will insist on getting a very specific information. rick: this was to have been this young man's third day of questioning in denver, and i think it is not a coincidence that this alleged confession comes today, on the day authorities had convinced his father to come down for questioning, as well. i wonder if that might have played a role in his decision to confess. >> part of it is the product of time.
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and his legal team becomes more aware of what authorities might have in their possession. at some point, the tide turns, from a legal perspective, and authorities have sufficient information to say now is the time we are going to be able to minimize the damage to the client. and part of it, again, is a product of time. rick: once again, najibullah zazi, who had been questioned by fbi officials in denver, colorado and possible connection to a bomb plot in new york city is now confessing to a role with al qaeda. details are just coming in. more on this story throughout the day right here on fox. thank you so much, mike. always good to talk to you.
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moving on to major developments in the standoff with iran over nuclear arms. a report has been obtained by the iaea, the united nations' monitoring group. the report says that iran may have the ability to build a nuclear bomb. there's also word of the islamic republic developing a missile system capable of carrying a nuclear warhead. at the same time, iran's president continues to dance around the question. in an interview,, mahmoud medina job was asked if there were conditions to do such a thing. his answer? >> we do not need such a thing, nuclear weapons. >> so the answer is no? >> i do not know what you mean
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by no. >> i am asking if there are any scenarios in which you would change your course. am i correct that the answer is no? >> we do not see any need for such weapons. rick: how does that answer jive with what is in this secret report being disclosed? joining us is jim walsh, two has met with president medina job -- who has met with president ahma dinejad twice. what did you make of this interview? >> in the past, they have said that it was against their religious principles to develop nuclear weapons. but we have to put it in context. leon panetta said today in an interview with "voice of america" that is the
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intelligence you that iran has moved ahead with their capability, but they have not made a decision. they are wrestling with this. there is on to be a great favorite -- a group in favor and a group resisting. but it is a possibility, as long as they develop a capability for it. rick: a quick break, but when we come back, is the agency disclosing all it knows about iranian nuclear capabilities? bicycle, i've missed you. gathering dust, as pollen floats through the air. but with the strength of zyrtec ® , the fastest, 24-hour allergy relief, i promise not to wait as long to go for our ride. with zyrtec ® i can love the air ™ .
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rick: once again, international security expert jim walsh, who will meet with the iranian president during a meeting of the general assembly in new york next week. i want to ask that in a minute, but first, back to this report. is the iaea disclosing all that it knows about iran's nuclear capabilities? >> i did not think there is any funny business going on here. -- i do not think there is any funny business going on here were that they are trying to hide anything. in this case, the agency is in the middle of an investigation.
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the u.s. and other countries give it documents suggesting that back in 2003 and prior, iran was engaged in illegal activity in terms of the new killer -- but their nuclear program -- their nuclear program. but the iaea is skilled, and they have discovered forged documents in the past. they have not said that about these documents, but the investigation is still going on. rick: in your opinion, are we doing everything we can to protect our allies from missile strikes by around -- i ran and the us or at israel? i read about a missile that could reach israel now and potentially carry a nuclear warhead. what is going to be done about that?
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>> we are some distance from either iran producing a weapon -- intelligence says that is not a possibility until 2013 or 2015. building a missile and putting it were hit on it is also difficult, and he would -- building a missile and putting a warhead on it is also difficult, and you would need to do testing. we are saying that iran's short and medium-range missiles are in larger threat than we thought going back a couple of years, and the long-range missiles, which could reach europe, for example, are not progressing as we expected they might based on assessments from a year ago -- from several years ago. israel is threatening iran, and iran is as busy as they can be trying to respond in kind.
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rick: sound like a recipe for disaster. -- sounds like a recipe for disaster. things could heat up real soon. jim walsh, thank you for your time, sir. when we come back, it is the community organizing group that has long been attacked by conservatives. but now, it is not just conservatives. the decision president obama must now make. we will talk to chris wallace in just two minutes. ♪ hello hello hello can anybody hear me? ♪ ♪ i know i know i know i shoulda gone to ♪ ♪ free credit report dot com! ♪ that's where i shoulda gone! coulda got my knowledge on! ♪ ♪ vo: free credit score and report with enrollment in triple advantage.
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rick: it has been the target of conservatives after several highly publicized scandals, and now democrats are joining the fight against community organizing group acorn. the house has called the senate's lead in voting to deny the group federal funding. acorn stands for the association of community organizations for reform now. recent hidden camera videos show acorn employees giving advice to a couple posing as a pimp and a prostitute. the employees advised this phony couple to live out their profession -- lie about her profession and launder her
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earnings. at least 20 states are now investigating acorn for possible criminal activity. joining me now is chris wallace, host of "fox news sunday." the ceo is coming on your show this weekend. what are you going to ask him? >> the question is, what am i not going to ask her? i give her credit for coming on fox, and she is going to have to face daryl isa, who has pointed out things that are wrong with acorn for years. and as you said, a bill was passed yesterday, 345-75 to de- fund acorn. about 173 republicans and -- get
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this, 172 democrats. now, you have moderate and liberal democrats liked steny hoyer, the house majority leader, voting against acorn. this organization is just too hot to handle. rick: and you know those democrats that voted against acorn, that will show up in campaign ads that start next year. i know that originally acorn was saying that the videos were doctored and do not accurately portray conversations that took place inside the offices. is the organization still maintaining that? >> actually, the heaven of a double argument. on one hand, they say that they do not represent what happened and were doctored. on the other hand, they say that they have fired all of the
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people doing things that are wrong in the videos, and they thanked the filmmakers for pointing out the wrongdoing. they are killing the messenger, but they are taking the message. rick: is there any evidence that this has hurt president obama at this time? >> i do not think so. there are certainly links between acorn and the president, but he is not currently involved. and a lot of this money -- acorn has got something like $15 million from the federal government since the mid-90's, and a lot was during the bush administration. there are, as you pointed out, housing grants, loans, and a variety of other programs that acorn has gotten on both administrations' watch.
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and this is a long way from getting to the president's desk. will he sign a bill that de- funds acorn? that will be a big question, but somewhere down the line. rick: very interesting. chris wallace, good to see you. on sunday, chris will be joined by the acorn ceo, bertha lewis, and daryl isa, head of the house government oversight and reform committee. when we come by, breaking details in the investigation into terror raids in new york city. . gecko vo: geico's the third-largest car insurance company in the nation. but, it's not like we're kicking back, now, havin' a cuppa tea. gecko vo: takes lots of sweat to become that big. gecko vo: 'course, geckos don't literally sweat... it's just not our thing... gecko vo: ...but i do work hard, mind you.
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rick: more on the breaking news that we reported just a little while ago. the man under questioning in colorado perhaps with ties to al qaeda apparently now admitting to having ties with the terror group and is in negotiations to plead guilty. what are we hearing about this? how did they get him to change his story? >> in terms of questioning by the fbi, he has spent 16 hours inside of those offices. prior to this morning when he walked into those offices, it
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was just within the last hour that the department of justice source confirmed for fox news that he has in fact admitted to thailand -- admitted ties with al qaeda. he may possibly plead guilty to a terror charge. exactly what the charge is at this time, we have no additional information. i am told that right now they cannot comment any further at the district attorney's office. i can tell you that the fbi told one of our producers this at this time. rick: on this later. thank you so much. breaking news on the fox news channel, a 13-year-old boy started a massive wildfire in california last month according to prosecutors.
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the wild fire scorched 2,100 acres near los angeles. this young man will appear at an arraignment in november. he could be sent to a juvenile detention center until he is 25 if convicted.
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i'll do it. i promise. (announcer) if you have a stomach ulcer or other condition that causes bleeding, you should not use plavix. taking plavix alone or with some other medicines including aspirin may increase bleeding risk. tell your doctor before planning surgery or taking aspirin or other medicines with plavix, especially if you've had a stroke. some medicines that are used to treat heartburn or stomach ulcers, like prilosec, may affect how plavix works, so tell your doctor if you are taking other medicines. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare, but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur. rick: there is a battle brewing over a large screen televisions. new standards today requiring retailers to give the energy
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efficiency levels in 2011. anita, what do these new rules mean for california? >> it means that here in california you will only be able to purchase energy-efficient televisions. energy regulators say that there are 35 million televisions going in the state at any time, draining a lot of energy. in 2011 they will have these new rules where manufacturers will be required to make these energy-efficient television sets. there are critics at the consumer electronics configuration says that this is a job killer. california could lose 4600 jobs across the state. people that install televisions, they say that consumers could wind up paying more for these televisions. rick: all right. thank you so much. thank you so much.


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