tv Studio B With Shepard Smith FOX News February 4, 2010 3:00pm-4:00pm EST
to fox news and we're trying to sort it out. last week police arrested the group as they tried to leave haiti with what turned out to be a bus load of 33 children into the dim democrat rep. in the days that followed reports surfaced some so-called orphans had parents indeed. the group has been sitting in jail for a week and said they had the children's best interest in charge and it was in god's hands. jonathan hunt has the details. we were hearing that the thinking was the leader would be charged, the other nine would be set free and now all ten have been charged. >> in fact that's what the attorney for the ten actually sitting in the dominican republic told "the associated press" minutes before the legal
decision came down, they expected nine of the ten to be released but that's not what happened. multiple reports coming in all ten have in fact been charged not just with kidnapping but also with criminal association. one other point, that now goes back to what the haitians call an investigative judge and the judge in this hearing today told the ten this new judge might also be able to set them free but could charge them further. so it's all very unclear exactly what will happen next and when it will happen. bottom line for now, the ten missionaries have been sent back to jail, we believe back to the jailhouse in which they have spent the last few days. we just spoke to mark toner of the u.s. state department and they're monitoring the reports and have no formal comment and they've said it's a haitian matter to be decided by the haitian court. one interesting thing he did tell us is there was no
representative whatsoever from the u.s. embassy in the court. that's a surprise along with the bottom line fact that all ten much these baptist missionaries charged with kidnapping and criminal association. >> stay with us, if you would. judge andrew napolitano is with us. there's more to this than we've explained. ten are charged but that's not the end. >> no, that's the beginning. first a couple basics, haiti has a french system of criminal justice, not american or british. so the investigatorrer or the person deciding what they would be charged with is a judge, not a prosecutor or grand jury. the prosecutor says we've arrested these people. the judge decides was a crime committed and is there enough evidence to conclude these people could be convicted. second, we know what kidnapping is. it can't be done by accident or
mistake. the government must show it has enough evidence to prove these people intended unlawfully to take these children from their parents. if it was a mistake or they thought they were saving their lives to get them away from the earthquake, it's not kidnapping. third, criminal association is the european phrase for conspiracy. >> if you weren't with us yesterday and haven't read up on this, one of the children taken told one of the authorities, my mommy gave me up. she had six children and my mom gave me away. >> that's not uncommon. one of those children are only a couple weeks old. the parents either died or gave that child up as well. >> shepard: but since the judge is the one who decides about charges, not a prosecutor but a
judge, has the judge now said it's my belief there's enough evidence to suggest these are kippingers? >> no. what happened today was the prosecutor passed that task on to the judge. but because this is a european system, the judge can talk to the defendants. what they say can't be used against them in trial but they can say to him in a private one-on-one, just like you and irhaving but without cameras and the audience is i was trying to save their lives and he can take that into account. >> intentions are not -- you know, the road to hell is paved with good intentions but intention to made. >> the case depends on their intent. if they intended to steal these children for whatever reason, to bring them to the u.s., that's kidnapping and they face 20 years. if they were trying to help the
children and thought they were following the law, knew they couldn't get legal papers because the government hasn't been operating, there's no crime and there's no case. >> then the matter of the religious part nobody wants to talk about but i'm going to talk about it because it's the elephant in the room. it's the elephant in the room. these are good christian folks from the middle of the country who are looking at this and saying, look at those voodoo folks, i'm not saying that's what happened but i'm saying that does happen a lot and the people who do that probably do it with the best intentions. >> that -- that would be closer to kidnapping if they took them knowing that they didn't have the right because they thought they would have a better life elsewhere, knowing they had the right to stay. if the parents gave them up or they were dead, in the case of an infant, probably not kidnapping. >> jonathan hunt, have we heard from the families of the ten
baptists? >> not in the last 30 minutes or so since we started hearing this. they've been very quiet this week. they did start talking at the weekend then you got the impression perhaps the state department in washington said to the families and church elders in idaho, do not talk about this, keep quiet. you will jeopardize their well-being. so they've said nothing and i don't expect to hear from them for a couple of hours while they work out what happens. >> jonathan's right but there's another elephant in the a lot of them hillary clinton. ed the sos is the one largely responsible for all the aid from america that's been sent to haiti. she could work this out with a deal in a couple of hours if she wanted to. now jonathan reported there was no state department representative in the courtroom. that's very bad. normally anywhere in the world when an american is charged with
breaking a local crime in a foreign country there's a person from the embassy in the courtroom with that person. >> as we've mentioned this is all developing now. i have to tell you, we were -- we did believe only the leader would be charged. not convicted but charged and the rest of them would be less go. but the accusation is conspiracy. you can't have a conspiracy if you don't know. >> an agreement to commit a crime and one or more of the persons takes a step. >> that's the allegation and those are the official charges. jonathan hunt and his so-so voice, i hope you feel better. >> things are breaking right now. scott brown, the senator-elect from the state of massachusetts, has just spoken. we'll hear that in its entirety and news out of photo. you are -- urgents are flashingy
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certification early and as a result it's time to get to work. >> senator, some republicans are worried about the nomination of craig becker. is that why you're here? >> no i'm here because i'm the elected senator, the certification is done and i don't care if it's procedure or voting on the budget or terror or nominations. i was elected. time to do my job. >> the republicans did not ask you to come early? >> no. >> [ audio trouble ] >> obviously it's jobs. jobs, jobs, jobs, if i can out how to get the economy moving. we have a budget -- we have to borrow 40 home runs% -- 40% to make it work. we have to look at the budget and get the economy moving. >> mr. brown we were told by some republicans who were talking to your folks that they made it clear they wanted you to come because some of the
president's nominees they're opened to were coming up and they wanted your vote. >> i've had no contact with the leader office. i spoke to senator mccain because he's a mentor and helpful. i'm an independent voter and thinker and i'll look this weekend as everybody's qualifications and make my decision. >> how do you feel to be here with those papers? >> exciting. i'm humbled and honored to represent massachusetts. it's a new era and time to get to work. the only reason i wasn't here earlier, the secretary of state needed time so we gave him that time and now he wanted the governor to act. >> senator -- that secretary said you should respect the rights of the majority.
>> i'm not sure what he meant by that. >> you're going to be in the office of senator kennedy. pretty posh digs. can you describe just how you feel about some -- being somebody being the most junior senator having a nice office suite and the symbolism of being in that office? >> i had great respect for senator kennedy, everybody in massachusetts did. whether you agreed with him, we all had great respect for him. he had a super sense of humor. it's temporary housing, i understand that. i'm looking forward to when the cameras go away i'll settle down and get to work. >> thank you, everybody. >> did you get that business card? >> yes. >> still no business cards. the senator-elect from the state of massachusetts, scott brown, waiting for a swearing in. with us, jonathan wiseman.
reporter for the wall street journal. how are you? >> good, how are you? >> how big is change is this? how much legislation difference will he make? >> it's amazing to think that the democrats have a majority of 59 and it has -- that one seat has made such a difference. this is still the second largest majority since the johnson administration. but the republicans have maintained remarkable discipline on obama's priorities. so this is a very, very big deal. republicans now need to be brought to the table on any major teal that president obama things he's going to get. >> it was the president himself who said he read something that said the republicans now have a 41-59 majority. when you include the two caucuses with the democrats. my question has been, why in the
world doesn't the president get all the democrats in the room and say yes you will, and if you don't, meet your enemy, my name's barack obama. why didn't he say i will run against you or get somebody -to-run against you and take you down. don't tell me a previous president or two didn't do it. they did. >> absolutely. funny thing is it's too late. he should have been doing that before scott brown's election. now, just getting the democrats together isn't going to be enough because the fact of the matter is if republicans hold together, and they have, they will filibuster anything important coming down the pike. that attitude has to shift because he has to get the republicans to play ball. on the prayer meeting this morning you saw the president's tactic, basically to guilt people to the table, to say come
on, folks, you can't just stand in my way. you've got to at least talk to me. and the republicans response so far has been you haven't been talking to us. it's now bogged down in this procedural fight over who is talking to whom right now. >> left in the middle of everything are a series of challenges, none of which are met, in a country that hasn't seen this difficult of time in many years. >> that's right. and there's no consensus on how to meet it. of course everybody understand that 10% unemployment is a horrible situation. 17%, if you consider all the people who aren't looking for work or working part time but want to work full time. if you look at 50 million unemployed -- uninsured right now. everyone knows these are huge problems but there is no consensus on how to tackle them. even the jobs bill which the
president made sound like a slam dunk isn't. because republicans don't believe that spending another $100 billion is going to do anything, democrats feel like they have to act very quickly on what the president pants. >> wants. >> before we go, why is it too late to strong arm them? you can't tell me he couldn't get olympia snowe. i bet the republicans are laughing themselves to death that the democrats can't even get their own shoes tied. >> look, absolutely. the president -- all i'm saying is matt mathematically, even ife gets the democrats and two independents in line, he still needs to get another republican. unless republicans suddenly say we don't have to filibuster everything. >> good luck.
jonathan, from the wall street journal and wsj.com. >> new developments concerning another possible problem for toyota involving the brakes on prius. new details just come from toyota and they're up for you next. ♪ ♪ ♪ ♪ [ male announcer ] the cadillac cts sport sedan. one of car & driver's 10 best for the third year in a row. ♪ and now, cadillac announces the new luxury collection lease.
>> shepard: first a gas pedal now the brakes and we just begun to get conflicting reports during this hour about another toyota possible recall. this time the focus is on the popular 2010 prius because of the brakes. business newspaper in japan reports toyota will recall hundreds of thousands of the newest prius hybrids. moments ago the company said
they won't comment. this comes as safety regulators in washington announce the investigation into the issue saying they've gotten more than 120 complaint from drivers who ran into trouble after driving over bumps or potholes. we're getting word over the wires from toyota saying no recall yet or at least we're nothing going to talk about them. >> they said 270,000 in the u.s. and japan. toyota in the u.s. has not made comments or proclamations. what they are saying is this issue is separate and definitive from from -- different from the other two recalls, one where the floor mat causes the accelerator to get stuck and the other it sticks by itself. the prius 2009 to 2010 models are involved. this is separate and above and beyond that, shepard.
>> a lot of folks have toyota stock in their retirement plan, it's not doing well. >> it was a better than one year high a couple weeks ago but since january 21st it's fallen 20 bucks a share or adr. why is that important if you don't own it? you might in your 401(k) if you own fidelity in particular, they have four of the top ten petitions. many people's 401(k)'s are big holders. diversified international owns 6 million shares so if you have overseas shares,ette it's likely you're a toyota owner. it's been trading like mad, more than ten times more active today than the average of the past three months. a lot of activity going on. >> before we get away, the long-time knock on japan,
japanese businesses and government, has been they didn't react quickly enough to problems and a lot of people make the argument that might have tanked their economy back in the day. many of the same critics are saying the japanese automaker is not acting quickly enough to the toyota problem. >> absolutely. we've had a number of people on "fox business" talking about not getting face time out in the media to discuss the issue and stay ahead of it. some of these problems have been known for some time. the accelerator with the floor mat problem was disclosed in november. and we should add, class action suit filed in the u.s. against toyota, alleging des deception. >> in a just happened. >> that just crossing the past few minutes. >> a class action lawsuit. we will get more on that as it works over to the national wires. robert johnson from the "fox business" network, thank you.
>> breaking -- what's that? breaking minutes ago, the family of a woman killed in her toyota camry filed a lawsuit in los angeles. she's asking the automaker to expand for models not equipped with the brake override system. when the car allows the brakes to override the accelerator. not all toyota cars have that. the woman in this case died when the gas pedal in the camry got stuck, causing the car to speed out of control on a residential street. she was in a 2006 camry, not included on the recall. so lots of news on toyota. those acceleration problems are big news after the death of a california highway patrolman and his family. they were in a lexus on loan from a dealership and the gas pedal apparently jammed. it was a heartbreaking 911 call from inside the car and the crash caught on this recording. >> we're in trouble. we can't -- there's no brakes.
>> okay. >> it's -- >> you don't have the ability to like turn the vehicle off? >> we're approaching the intersection, we're approaching the intersection. >> okay. >> we're approaching the intersection. hold on. >> brace. oh shoot. oh! >> hello? >> it was that audiotape. there's the aftermath. investigators are saying if your car will not slow down, put the thing in neutral. not park, don't turn the car off because you'll lose control. if your car starts going, you don't want it to go, put it in neutral and get it to the side of the road. it will rest of -- ref the engine. the car was going 100 miles an hour or more and all four people in the car were killed. >> in pakistan, questions about the suicide bomber who killed
soldiers yesterday had inside information about the location of the americans. a bigger story than that. i mean forever the united states has said we're not war inside pakistan. we don't have soldiers in pakistan. well -- hello? there clearly is a war in pakistan whether anybody wants to admit it or not. the taliban bomber hit a five vehicle convoy and pakistani police say the bomber knew which vehicles carried the united states troops. as i mentioned the military does not officially station troops if pakistan. on the other hand it's been long believed inside that the united states is lying about it. politically, for political reasons in pakistan, it's hard to lie about it now. soldiers were part of a low profile group that trains pakistani forces. the deaths are believed to be
the first in the united states to train security forces. i know this is a touchy subject but it's not lightning information -- like the information is new to you or me. there's been activity in pakistan for a long time. they don't want it known because of local politics. it's known now. i don't know how they can deny it now. >> they're saying these guys were part of a group of 60 to 100 special operations trainers training the frontier corps paramilitary unit and counter-insurgency techniques. essentially training the pakistanis to be able to go into the rugged frontier region, gather intelligence and conduct special operations on their own. so they say these particular soldiers yesterday were in plain clothe, they were going to the reopening of a girl's school that was rebuilt by american money and they say they were not
specifically targeted. they say they have evidence suggesting -- u.s. officials say they have evidence suggesting a senior pakistani official was the target but the convoy comes along and three american soldiers were killed. many others were wounded. >> a report that pakistan's tribal leader is dead as well? >> yes and conflicting information. the pakistani government says mehsud, the taliban leader is dead. and apparently the taliban and al qaeda say he's not. an officials say as more time passes without the major terrorist, one of the worst people in the world making any appearance, the rumors of his demise become deeply seeded, and it's prompted some to speculate he's gone. i certainly hope they're right. not your average comment from a government official.
>> no it isn't. mike, thank you. she says justice is being served. the brother of one of the victims in the deadly sweat lodge incident reacting to the arrest and charges against the self help guru, james ray. he became famous on the oprah winfrey show and then people died in his sweat tent. the brother will join us live coming up. a man charged with attempted murder after this. cops say he drove his truck through a service station window telling the clerk you're going to die. more of this stunning surveillance tape in 2 1/2 minutes.
we're getting breaking news out of arizona and the sweat lodge leader charged with three count of manslaughter is not able to make bond. james arthur ray appeared in court in an arraignment hearing. he was a motivational speaker who counts oprah winfrey among his fans. today he pleaded not guilty to the charges. last october several people died on one of his spiritual warrior retreats where participants send hours in a sauna or tent. this retreat went horribly wrong. a number of people were ill, vomiting, passing out but the leader, ray, told them to power through the pain. three of them did not make it.
and 18 others ended up in the hospital. it happened near sedona, arizona, a well-known vacation spot. coming up we'll talk with one of the brothers of the victims. >> first details on the breaking news. >> james arthur ray back on his way to the county jail in arizona. he's being held on bond there. didn't make the bond. a bond hearing has been set for next week, at which his lawyers will try to get the bond reduced and get him out pending trial but he appeared in court. his lawyers entered the not-guilty plea on his behalf. his lawyers have consistently said the charges are you be just and -- unjust and they'll prove it. >> with us, robert brown, his sister, kirby, died at that retreat. thank you for being here, i'm very sorry. >> thank you. >> where is the family on this?
>> we're devastated. from day one, just want to know why this happened. you know, with the news breaking in the last -- yesterday and today, you want to feel a little bit of satisfaction maybe. but at the end of the day, my sister's still not here and you know, the pain just keeps coming. >> how did she come to go to one of these retreats? was this the first? >> she had seen ray i think once or twice at what he does is these motivational seminars, classroom-type settings. that's how he starts with the whole power of positive thinking and all that. and this, you know, spiritual warrior retreat was the first of that nature she went on. >> i'm sure you've been able to learn something about these. was what happened that day to your knowledge customary? >> i don't know customary i
don't want. from the sweat lodge ceremony, there's a native american community that's outraged. so -- >> shepard: what do you mean? i would say probably not. you know, in terms of it being customary, you have to look at not just that day but the week. ray put these people through intense exercises and trainings and they were most likely not in a real clear state of mind when they were going in. >> shepard: i've heard doctors say from their evaluation of what went down, the people could have been physically exhausted and emotionally spent and there was a sense -- correct me if i'm wrong, but there was a sense they had been manipulated. according to the observers, manipulated mentally. >> yeah, i can't speak to the exactly what that all means, but i think there is revenue that says -- research that says if
people believe in something somebody is preaching, no matter how strong and independent they are, if that resonates and a leader understand powers of manipulation and coercion, that is a dangerous thing. couple that with some parts of the mainstream media legitimatizing that person. >> that's a concern, i'm not saying among your family but others with whom i've spoken that there's a legitimatization, right or wrong, that comes with being on oprah. >> uh-huh. >> and you know, you are friend with are oprah and you -- i'm jt saying that's the way people start to think. >> i don't think that's wrong. that's just reality. and i think that's why people are concerned and why eventually i think things need to be done about it.
>> what's the hope now for your family? >> you know, we hope -- i hope i could have my sister back. the hope now is that justice is served. again, you talk about a small little sliver of satisfaction. maybe, because we're on the right track finally and want the truth to come out. james ray preaches this power of positive thinking and this force in the universe that is this power of positive thinking. there's a bigger force and it's called the truth and that's going to come out. >> shepard: robert brown, who's sister died at that lot of them thank you, good luck to the family. i'm sorry. >> thank you very much. >> there's just been a earthquake off the coast of northern california, it's my understanding and a pretty big one. 6.0. we're gathering information right now and we'll find out exactly what's happened and what hasn't. we don't want to drag you along,
i have no reports of damage, no reports of problems. it's very early. we'll know more after this break. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.
>> shepard: a 6.0 earthquake struck off shore in northern california. tim gaughan working the national desk. >> most important of all we're not getting reports of injuries or damage yet. we're making calls. probably the biggest city near the especially center is eureka to we're calling media there. we will show you what we found on the usgs website. it's a 6.0 quake, hit about 3:21 eastern time, noon 20 on the west coast. they'll show you the e in the last hour in red. th off the coast of california about 7 miles deep, about 47 miles west-southwest of eureka.
again, we're making calls. no reports of damage. we trying to find somebody who felt it. we'll keep working here. >> thank you, sir. usgs.gov for anybody interested in looking it up. the pay before you pump policy at gas stations isn't new. but investigators say a man in alabama got so upset about the whole idea, he tried to kill the gas station clerk. with his truck. surveillance video shows the man in the store after the clerk told him you have to pay first. he tells her, you're going to die. you are food for worms and crickets. you'll know then. a few second later, peered
somebody got an anger management problem. the man is roger mays and faces tempted murder and resisting arrest. the clerk, not hurt at all. hundreds -- are you kidding me? hundreds of millions of people use it every day. now google is teaming up with an american spy agency to investigate a cyber attack. this is raising questions about privacy. since the web giant handles almost every internet search on the planet, concerns about privacy. you want a fact on privacy? privacy's dead. want to know how fast it took my stiff joints to feel better? one pack. 6 days. that's elations. new elations. clinically proven to improve joint comfort... in as little as six days. drinking it every day keeps it working. elations has clinically proven levels... of glucosamine and chondroitin, in a powerful form that's more absorbable...
and you have a heart attk. that's what happened to me. they said the quick thinking of chewing an aspirin probably kept me alive while i was on the plane. i'm on an aspirin remen now. my doctor told me it's the easiest preventative thing you can do. [ male announcer ] aspirin is not appropriate for everyone.
so be sure to talk to yr doctor before you begin an aspirin regime to take care of yourself, to take care of your heart, see your doctor. simple. [ male announcer ] learn more about protecting your heart at iamproheart.com. the internet giant google is reportedly teaming up with the nsa, the national security agency, to prevent another cyber attack similar to the one google announced last month. google reports hackers tried to access email accounts of human rights advocates. 70% of all searches go through google. the report in the washington post newspaper is receiving attention from privacy experts and fox news has not independently confirmedded story. with us now is gregory noj ime
with a nonprofit group supporting open internet, good to see you. >> thank you. >> concerns? >> well, google has some authority under current law to share information with the government that's necessary to prevent these kind of attacks. the trick here is to make sure google isn't giving to the government more information than is necessary to protect against those attacks. that's really where the crux of the privacy issue is. >> shepard: i'm not sure there's privacy anymore but to let that out there would be weird. now we can't even know whether google is doing this. but as far as stopping cyber attacks, if they can't do that, the internet is in trouble. >> right. so google has in place a lot of policies and procedures and systems to protect it's network. the national security agency, though, might have some
classified information, some signatures of attackers that it has and other companies don't have that it should be sharing with the companies. what we're hoping is the arrangement is about sharing that kind of information and not about sharing information more broadly. there needs to be i don't overs. somebody needs to play policeman. both google and the nsa should be disclosing more about what the agreement includes. >> shepard: how far do you go? that's the question. >> how far do you go -- >> shepard: who comes up with the restrictions. privacy advocates say you can't just put anybody in charge. >> let's a lot of restrictions in current law and google has to abide by the restrictions,
privacy needs to be protected. one thing congress could do would be demand more disclosure about what's in the agreement. google will be testifying next week and i'm sure they'ding asked and congress could make sure the agreement doesn't go too far by querying the national security. >> gregory. >> it doesn't have to be the nsa in charge. they could have put the fbi or the department of homeland security in charge of this process and let the information flow through that buffer. so there's some concern they went straight to the nsa. >> gregory noj ime, thank you for that. i'm getting breaking news on a couple of matters. we're going to get to that on the other side of the commercial break. the christmas day bomber, you talk about misinformation about
>> shepard: new information just coming in regarding the christmas day attempted bomber of the plane to detroit. umar farouk abdulmutallab has been cooperating with the fbi. this is just coming in from the associated press. we do not have this independently confirmed. the ap says a law enforcement officials say the nigerian suspect has given up intelligence about a radical muslim cleric hiding in yemen. umar farouk abdulmutallab has been cooperating with the fbi, providing information about this
particular cleric, a u.s. born cleric, who is emerged as a prominent al qaeda recruiter. the official spoke on the condition of anonymity. abdulmutallab's cooperation could provide fresh clues for authorities trying to capture him in mountains of yemen. the cleric has been linked to the 9/11 hijack, the fort hood shootings and the bomb attack. the level of misinformation about the way he was held and information he gave up is astounding. with senators and congressmen saying, he was read his rights and as a result he didn't cooperate. he didn't give up information. that's suitly pattenly falls and proved to be false over and over again. why the misinformation is really -- i don't have any idea why it's happened but it's stopped and it's clear this man
is cooperating with his parents insist insisting. the parents say make it fair and we'll cooperate. jonathan hunt, this is developing this minute. >> it's important. if they're getting information about al-awlaki, the clerk in yemen linked to the 911 attacks and fort hood shootings that's important information but you have to raise the question is politics being played on the other side, trumpeting too much the information. in they're getting information high on the american public enemy's list, why pub lies you're getting information and tip him off. it raises the question of is politics being played on all sides. >> is certainly appears, etch
with the misinformation. astounding how it made its way to the airwaves. >> we're watching the dow along with the "fox business" network and "wall street journal" and it's a bad day, the dow is 264 points in the red and moving toward a potentially 3-% decline for the day. we're not there yet but we're on the way. at the beginning of the day the dow was up about 2,000 -- 10,300 and tanked. toyota of course is part of this. there are other concerns in financial sectors. bank of america. bears have stormed wall street as fears about a european debt crisis mount. jobless claims up. retailers may be seeing light at the end of the tunnel. all this for context and perspective now at foxbusiness.com. at the final bell rings, we turn
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