that's it for this "special report," fair, balanced, and unafraid. >> shepard: tears on capitol hill. toyota on the hot seat. hearing nightmare stories from car owners. tonight, making admissions on making amends. i'm shepard smith. this is fox news. >> we really appreciate this opportunity to meet with congress. >> shepard: no doubt congress appreciates it, too. >> safety must start coming first. >> it is important that we get the full story and the correct answer. >> shepard: now the car company execs forced to explain what they have done to address all the toyota's problems. >> we now understand we must think differently when investigating complaints. >> shepard: hearing from those who had trouble firsthand. >> i lost all control of the vehicle.

>> shepard: tonight, real people sharing their stories on capitol hill. and it was those stories of danger and death that were most yipping -- gripping and heart wrenching today. we heard the story of the highway patrol officer who died in a fiery crash with his family. we heard from a survivor, a woman named rhonda smith. she described as somehow would he say driving her any new lexus on tennessee highway when that car began accelerating out of her control. >> i put the car in all available gears, including neutral but then i put it in reverse and it remained in reverse as the car speeds to 100 miles per hour down the interstate. >> shepard: she put both feet on the brake pedal and pulled the emergency brake as well. no luck. rhonda smith told lawmakers she was convinced she was about to die. >> i called my husband on the blue tooth phone system. i knew -- i'm sorry.

i knew he could not help me but i wanted to hear his voice one more time. >> shepard: as mysteriously as her car sped up it eventually slowed down and stopped. she got out never to drive it again. of course, stories like hers forced that automaker to recall millions of vehicles over acceleration and brings issues. the recalls didn't settle toyota's troubles. the recalls could be just the beginning. our senior correspondent brian wilson on capitol hill. toyota did have some answers today, brian. >> well, they had a lot of answers but they don't have all of the answers, shep. i mean, you hear those credible stories and you want to know why these things are happening. today, if you want to boil down the entire hearing, it really comes down to one 26 second exchange and here it is. >> do you believe that the recall on the carpet changes and the recall on the sticky pedal

will solve the problem of sudden unintended acceleration? >> not totally. >> what do you need to do? >> we need to continue to be vigilant and continue to investigate all of the complaints that we get from consumers. >> the translation there, shep is, we still haven't quite figured it out. shep? >> shepard: you know, brian, there is controversy over whether this unexpected acceleration problem could actually be an electronics problem. >> yeah, you know, on capitol hill today, we heard testimony from one expert who said in the shop he was able to do some things that led him to believe that may well be the case. however, as he was leaving today the toyota of u.s. had said he didn't think so. take a listen. >> i can say today, based on what we know of our electronic systems, we have not seen failures in the electronics. >> that, however, still is under investigation, shep. >> shepard: you know, some experts are still talking about whether interference from devices like cell phones and

blackberries could play part in all of this. >> we now know that the federal government is investigating all of that. the national highway safety transportation administration is looking into that possibility. they say they have not found anything but there are those experts who believe that emi electromagnetic interference may be causing the problem. e.m.i. is the things that concerns pilots. that's why they make you turn off your cell phone when you are in a plane. it's a fly by accelerator problem it could be the answer but they are still looking. >> shepard: brian wilson covering the hearings for us on capitol hill. at least a couple of capitol hill open toitsz some lawmakers tie does go deeper to what they may have parked in the driveway. analysis from the nonpartisan center for politics shows over the toyota has spent nearly $25 million lobbying our federal government. lawmaker has spent less than g.m. and less than ford. some members of congress are also heavily invested in toyota.

only have to range of investment not the specific amount. california's jane harman leads the way with something north of $116,000 invested at last check. she and her husband also founded a company that sells car entertainment systems to toyota. a familiar story for darryl issa. he is the ranking republican on the house committee that will hear testimony tomorrow. and he made millions by selling car alarms to companies, including toyota. finally, there is the virginia democratic senator john d. rockefeller, he has known toyota's founding family since the 1960's and helped the company build a plant in west virginia. even as lawmakers worked on ways to encourage more companies to hire, we got word today that more companies are handing out pink slips. the labor department reports a slight increase last month in the number of mass layoffs. the number of companies laying off 50 or more workers up 35 from the month before. take a look at the way things have trended over the last year. mass layoffs as they call them peeked above 3,000 last march.

until then it had been falling until august. last month's increase was due to more manufacturing companies cutting jobs. democrats and republicans are gearing up for thursday's white house health care summit as they are calling it. the administration reports the meeting is an effort to get ideas from both sides of the political fence on how to reform health care. today, the press secretary robert gibbs said the point of the overhaul proposal, really the overhaul proposal that president obama released yesterday is to get the ball rolling. >> the bill is a starting point for what congress had spent many months considering. what we get out of thursday will be, as i said yesterday, based on the willingness of those participating to come in with an open mind and discuss the ideas and the plans that they have. >> shepard: so there you go. that's the narrative the white house wants. republicans have a different take on all of. this i would say putting a new name on a whole lot more

spending is clearly not reform. we will be at the meeting on thursday. and anxious to participate in the discussion. but it appears as if the administration has already made up their mind. >> shepard: that's the g.o.p. version. obviously the two parties have different ideas of what to expect. but, the going into this summit it's worth looking at what both sides seem to agree on, at least in public. both sides say they want to reduce insurance premiums and both say that their plan also do exactly that. republicans say they want to allow people to buy insurance across state lines and today the white house said something very similar, backing the idea of breaking down near monopolies held by insurance companies. both sides stop companies from denying or canceling coverage because of illness or preexisting conditions. they have something else in common. neither republicans or democrats have given many specific ideas on how to reduce basic costs like an x-ray or an aspirin at the hospital. our senior white house

correspondent major garrett is live with more. anybody who has paid for an aspirin at the hospital knows what we are talking about. the president is devoting six hours to this health care summit. does anybody really expect a break through, major? >> no, they do not, shepard. the public posture you outlined of the white house is they want and expect republicans to arrive with open ideas. already, it's pretty clear republicans are skeptical, it if not outright hostile to this summit. one senior administration official told me at the end of this we expect to be painfully clear to the public that republicans have no intention to health care. why would the white house want to say something like that. it may be prelude to push through health care reform with 51 votes. the white house would say we didn't do it but republicans through lack of cooperation forced us down that road. >> shepard: the white house says it's come around to some republican ideas. are democrats warming to any republican ideas along the way? >> well, it just takes the one you talked about a moment ago in the introduction, shepard. selling insurance across state lines. here's the senate majority leader harry reid on that very

concept. >> they want health care reform. not some band-aid buying insurance across state lines everybody knows the problems with that drive to the lowest common denominator. that is something we will take a look at. that's not a salvation to the problems that we have. >> and there you have it, shepard. even on something republicans tout as a means to achieve lower cost and better coverage, democrats do not appear very open to it. >> shepard: a lot of opinions about how this summit as they are calling it will play out politically speaking and house republicans, because of that, probably, are still decide hog is going to go to the thing. some of them want to boycott it, right? >> some do want to boycott it. cotter a republican from michigan said today on a blog red state conservative blog that this is a sham wow infomercial for incrementally socialized medicine. not exactly an embrace of the southern concept. here is eric cantor, the number two house republican on what he believes the president is doing wrong. >> the definition of insanity is

to continue to do the same thing and expect a different result. and the president clearly seems to be trying to prove that true. >> the white house would counter, shepard, that what about insane in this process is the lack from their point of view of genuine republican cooperation. >> shepard: major garrett with sham wow in the rest live from the north lawn tonight. thank you. supporting terrorist groups. doesn't really sound like the sort of thing that should be legal and it's not. at least not right now. opponents of this law say part of it is just plain unconstitutional. and they have taken their challenge all the way to the highest court in the land. so what does it mean? a live report just ahead. plus, military security saw a threat and took action. we'll show you what sparked a deadly shooting at a u.s. air force base. and more importantly, the revels are getting a mass scott from the journalists of fox news. this is "the fox report."

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>> shepard: just in to fox news channel, we are getting word of a school shooting in littleton, colorado. investigators say a man opened fire outside deer creek middle school as school was letting out this afternoon. two students injured. kids running in a bit of panic for a moment we are told. the attacker, as they put it, ended when either a teacher or some staff member tackled him. cops say they arrested the suspect. new video now of one of the students who saw the attack. listen to this. he describes what happened after he heard the first shot. >> i didn't know what it was. i was kind of confused still and i turned around and i saw everyone running and then he fired a second shot that kid was -- i looked over there and he was on the ground. and yeah, the bus driver told us to get down and everything. and it was really scary. >> shepard: again, two students hurt in the shooting as i mentioned in littleton about a five minute drive from columbine high school. it was almost 11 years ago now

that two students went on a rampage in that building, killing a dozen of their classmates, themselves, and one teacher. security forces at luke air force base in arizona reportedly shot one person dead and injured another after a high speed car chase there. according to a bay spokesman, the suspect stole the car, drove through a base gate late last night as they tried to get away from the cops. we're told the guards then fired on the vehicle. they say in self-defense. luke air force base is located in glendale, arizona, just outside of phoenix. pilots train there to fly f-16s. investigators say there is no reason to believe the suspects were anything other than car thieves. some controversy in the courts now. the courts that deal with helping terrorist suspects. actually, terror groups. the supreme court is considering whether to uphold a law that bans people from supporting foreign terrorist organizations. that ban obviously covers things like handing over money or supplies to them. it also prohibits people from even giving those organizations any advice. and that's the rub.

humanitarian groups say you just can't ban people from giving advice. they would violate free speech laws. or actually the first amendment. shannon bream covers the supreme court for us. she is live outside there now. how exactly do these humanitarian groups wants the justins to draw the line. >> shepard, as you mentioned, the ban is there when it comes to money. but it's also there when it comes to things like teaching and training and offering expertise. these humanitarian groups say we want to offer training for things like peace-building efforts and those kinds of things we can't do that under the current law. they also say more importantly there is a threat here to free speech under the first amendment. here is what sharon bradford franklin of the constitution project said about that threat. >> it's not until that is threatened that many of us realize how important that is to us in our daily lives. and, you know, drawing these lines and carving out this balance can be difficult. >> a very difficult balance, that's why it's now arrived here for the nine most preeminent

scholars, nine justices to make that decision, shep. >> shepard: pretty heavy hitters to back the current law. >> yeah. a number of prosecutors, the executive director of the 9/11 commission, also former attorney general edwin mease. a lot of them have lined up with the government saying listen, this law is a very important tool in fighting terrorism. also signing on the anti-defamation leaving had this to say about how the average american may view this fight here at the supreme court. >> i think all americans know one basic thing. terrorism is bad. and that any support for terrorism must be fought. >> and so far this law has been used to charge about 150 people in the wake of 9/11. four offering some kind of support to terror groups, shep? >> shepard: are we getting any information from justices on whether they are willing to allow any kind of support for these groups. >> i have got to tell you there was a lot of skepticism in that courtroom today most of it came from anthony scalia. he cited the group hamas they may have laudable goals,

hospitals, education centers, some good things they have done, you can't divorce that from criminal activity from killing people. he saw no way that you could separate the two, supporting the good wing of the terrorism group while not also, in some way then, aiding and helping them in their criminal activity. shep? >> shepard: shan grom none bream at the court. decisions weeks or months away. good to see you, thank you. while more americans losing their jobs and banks cashing in on bailout money. wall street bonuses were getting bigger. billions upon billions of dollars paid out to people in the industry that nearly collapsed the economy. the numbers, new numbers and where all of that money originates, that's next. ♪ oh [ male announcer ] ay hello to the can-doers. ♪ e budget masters. the knockout artists who are finding more ways to spread their dollar further. to bolder coloin less time. say hello to newer ideas and lowered prices, enabling more people...

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>> shepard: the rich are getting richer on wall street after posting record losses and taking taxpayer bailouts in 2008. the banks saw huge turn around

last year. in 2009 many of them posted record profits and paid back bailouts with interest. now the rewards. the according to the new york state comptroller wall street bonuses rose 17% in 2008 to a total of $20 billion. the chief fox report correspondent jonathan hunt has been breaking down the numbers to tell us what they mean. is he live on wall street tonight. >> hey, shep. not exactly church change being handed out to wall street workers. many american taxpayers probably have two questions on their minds tonight, firstly, what exactly did they do to earn it and secondly, and perhaps even more perplexingly how on earth do they spend all that cash? the average bonus, yes, the average for every man and woman on wall street was $123,000 last year. that's a bonus. not a salary. so if those lucky average wall streeters want to spend it all at once, they might pick up an v

advantage driven, of course, by james bond among others at a mere $110,000. leaving 13,000 in change for gas. or aim a little higher and pay off most of a ferrari f-430 for 168,000. for those on wall street deemed above average, there is always a week's vacation on richard branson's island rented by the likes of victorian secret for fashion shoots at a cost of about 300,000. and then there is wall street's, the seven figure bonus club. they might as well buy their own island. you can find plenty online. even for the biggest of wall street's big fish the 10 million and up in bonus pay, they can still only afford a piece of the most expensive island in the world, manhattan. a nice little town house for 20 million anyone? perhaps if this year is good for

them those poor wall street folk also be able to get a place with a yard, too. now, those who support the bonus system, shep, would obviously argue that if every one of those wall street workers spends every penny of his or her bonus, it would amount to a pretty good stimulus package for new york city, at least. the average american taxpayer, of course, still struggling to pay off his or her own mortgage might beg to differ. shep? >> shepard: jonathan hunt channelling robert leach life on wall street tonight. jonathan, thank you. even as the money was rolling in on the street, regular americans were not feeling so good about the economy. according to a new survey by the private group, the conference board, consumer confidence fell and sharply over the past month. much bigger drop than the analysts had expected. as always, paying close attention to consumer confidence since folks who are more confident about the economy are likely to spend more in the economy. consumer spending as we all know accounts for more than two thirds of all economic activity. iran now reports it's willing to hand over the materials it could

potentially use to make a nuclear bomb. but what it wants in return is a major sticking point tonight. fox reports on another stumbling block in the nuclear showdown. plus, where have we seen this before? a radar loop shows another blast of winter going across dixie, bringing more snow to an area which has already had more than its share. we will take you there. oh, poor texas. i'm at the doctor getting my shoulder looked at.

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>> shepard: a fox weather alert now as another round of snow slams the south. texas dealing with its second winter storm in just two weeks. the snowfall creating some dangerous driving conditions, forcing airlines to cancel more than 100 flights today. we're told the city of dallas itself could actually set a new record for the snowiest season on record. forecasters say this storm is to dump from 4 to 6 inches across west texas. central texas, and east texas before it brings more snow to louisiana. i'm shepard smith. this is "the fox report." it's the bomb of the hour, time for the top of the news. time and patience running out united states and allies to try to put the brakes on iran's nuclear program. that was the reaction from the white house today in the face of its new defiance by iran's leaders. hours earlier, the country's president mahmoud ahmadinejad made another veiled threat to the west. he told a crowd of thousands of supporters that iran would crush

any attack that came on the heels of an announcement from the regime that it may start building two additional nuclear facilities hidden in the mountains to protect them from air strikes. as if to put a ribbon on all of the talk. iran formally responded to a deal from the nuclear watchdog agency it was not the response for which western nations were hoping. mike emanuel is at the pentagon tonight. what is this about the united states saying about those plans to build nuclear sites in the mountains? >> well, that it makes the point that the u.s. is making that the iranians are not serious when they are talking with the west about their nuclear intentions. here is white house press secretary robert gibbs. >> it is clear that the continuing announcements and pronouncements that are made in iran demonstrate that they have no interest in building international confidence. that their nuclear program is for peaceful means. >> and gibbs did go on to say

that time and patience are running out, shep. >> shepard: yeah. i have heard that for a while. what was mahmoud ahmadinejad ranting about today? >> well, he threatened israel once again saying that he has spoken to the heads of states of israel's neighbors saying if the israelis make a mistake and attack iran that the nations in the region will attack israel and, as he said, destroy them and uproot them, shep. >> shepard: you know, china's key for sanctions here. they have been trying to get china on board with the idea. how's that going. >> yesterday robert gibbs made it sound like china may be on board but then today a chinese official said, well, we need to give it more time for more diplomacy to kick in. so clearly the u.s. is feeling some frustration. that may be a source of frustration. it is not clear at this point that the u.s. will be able to get the chinese on board with more sanctions, shep. >> shepard: mike emanuel at the pentagon. thanks. fox news has learned the department of homeland security will install the first of 150 full body scanners the u.s. airports beginning just next

week. according to the department, three of the new machines will go into service starting at logan international airport in boston. chicago's o'hare will follow shortly. we're told the rest of the scanners should be up and running by the end of june. the white house spent $25 million on these machines but the roll out has been delayed because of privacy concerns. the scanners can show objects hidden on someone's body. privacy advocates argue they were so detailed that screeners could see people's private parts. former vice president cheney said to be feeling well tonight after suffering what his office calls a minor heart attack. we first reported last night that the former v.p. was admitted to george washington university hospital after he experienced chess pains. the former vice president has a history of heart problems, including four previous heart attacks in the last three decades. molly henneberg is at the hospital tonight. molly, what's the latest on his condition? >> hi, shep. we know that the former vice president had a stress test and also a heart catheterization.

and those tests were sent to the lab and they showed, quote, evidence of a mild heart attack. we have some new video of the former vice president's wife lynne cheney leaving the hospital this evening. she has been here all day. cheney's office says he should be discharged in a day or two. doctors here didn't comment publicly, but other cardiologists say that the fact that the former vice president is sitting up. he is feeling better, suggests that there was just some minor injury to the heart muscle from this mild heart attack. today, he had lunch with his wife and two daughters. and he also worked this afternoon editing a chapter on his upcoming book. >> shepard: i hear he got some pretty high powered phone calls, too. >> he did. current vice president joe biden called as did former president george w. bush. they both called to wish him well and a speedy recovery. you know, there is supposed to be reunion this friday of former president bush, former president president -- we are told it's too early to tell if the mild

heart attack will keep the vice president away from that breakfast on friday. >> shepard: to haiti, word today that the two remaining american missionaries in jail on kidnapping charges will walk free this week. that's according to the judge presiding over this case. you will recall last month police in haiti arrested 10 baptists and accused them of trying to sneak 33 so-called orphans out of haiti after the quake. turns out many of those kids weren't orphans at all. haiti let eight of the americans go free last week but held the last two for further questioning as they put it today the judge said they there are no longer any legal grounds to pursue the case. a motorcycle chase so wild police on the ground gave up. top story across america. >> texas. it started when police in fort worth tried to pull over the guy but he apparently wasn't interested. off he went. cruising at speeds of more than 90 miles per hour and blowing through red lights.

at one point the driver seemed to be taunting the cops. slowing down enough to let the officer pull up alongside before introoming off again. finally police on the ground backed off. the chase eventually ended when a car t boned him. turns out the guy was only going about 5 miles per hour at the time. he broke his leg. illinois. a german company that specializes in collecting and publishing data about buildings around the world picking the ache quaw building in chicago as sky scraper of the year. the company hands out the honor every year to a building at least 325 feet tall that was completed within the award year. the most striking feature, its balconies which look like waves. california. the sea lions are back on pier 39 in san francisco. more than 1,000 of the animals used to be there. now the count is about 60 u the harbor master says this year's herring run in the bay is low and that could explain why so

few sea lions are hanging around. still, it's a big tourist attraction and part of a fox watch across america. >> shepard: so your kids ride the bus to school? they could be in for a whole new experience. we all remember those sticky vinyl seats the occasional spit ball contest and all that noise. the vinyl seats may be here to stay. one arizona school district has found the way to keep the ride calm. wi-fi. rowdy kids into quiet studious passengers. adam housley outside tucson in valley, arizona. adam, so much for personal interaction. the school says there are lots of benefits here. >> yeah. shepard. you know, what's interesting, they didn't plan on it keeping the kids calm. they planned on it for using schoolwork. unintended consequences kept the calm. this is a track team from the high school here empire high school that sometimes has to go two, to two and a half hours away to go to a match. in this case they have wireless

right here. this router costs about a couple hundred bucks about $50 a month for service. they can wirelessly go on the internet. look up class notes. send emails. quick question for you matt, this is matt who is a technology guy here for the veil. some say it doesn't promote kids talking to each other. what have you found. >> these students have laptops instead of textbooks. so we can turn drive time into learning time with this device. >> and you can see, shepard, kids had computers out. they had them when they pulled up on their way home from track meet. vail says school districts around the country have been asking them about it. >> shepard: adam housley on the bus. thank you, s the navy has never allowed women to serve on board u.s. submarines. officials say it could cause problems since sailors spend months at a time in closed quarters. a major move that could change a decades old rule. details ahead.

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>> shepard: changes in store for the u.s. navy's submarine fleet. notified congress it plans to do away with age old policy that bans women from serving on them. we're told women are allowed aboard briefly and only for v.i.p. visit or if they are part of a repair team. until now, the navy said it feared the close quarters would make it difficult for both men and women to serve. congress has 30 days to give the okay. and women in this year's naval academy class could become the first to take posts on submarines. the chairman of the joint chiefs admirable mike mullen pushed for the change last fall saying it would be a way to continue broadening opportunities for women. a rare public apology today from the top u.s. general in afghanistan. general stanley mcchrystal expressing his regret over the death of civilian in recent military operations there in a message broadcast to afghan languages. in that message general

mcchrystal apologized for air strike that the afghan government reports killed 27 civilians. general mcchrystal also said he has made it clear to the forces that protecting afghan lives is a top priority and that he will work to regain the people's trust. the military has said winning hearts and minds is key in this mission. it even announced today that its latest operation in marjah's advance partly, it said, to give civilians time to prepare. despite the setbacks, we're told coalition forces are making progress through insurgent gunfire and roadside bombs remain constant threats. all members of the armed forces undergo extensive training before entering the afghan war zone. then there are members of the united states marine corps who prepare at the highly specialized mountain warfare training center. it's located about 100 miles south of lake tahoe in a remote city of bridgeport, california. it gives marines a taste of just how difficult carrying out orders can be thousands of feet above sea level in treacherous

terrain. casey stegall is there breathing in the thin air. hey, casey. >> hey, shep. last year 14,000 marines made their way through this particular center. that is more than 200 person increase from the year before. and the lessons being learned by the men and women here could, no doubt, one day save their lives. as if fighting a war wasn't hard and dangerous enough, try doing it in feet of snow, blistering winds, and mountainous terrain. >> you could move and communicate in this environment, you can pretty much do it effectively anywhere. >> medical skills are among the most important taught herehere. >> you have to consider frost bite hypothermia. conditions can turn badly quickly. >> if it sounds like i'm out of breath, i am. not only are the conditions unforgiving we are also at 8500 feet. that brings up another concern

altitude sickness. that's what these corpsman are learning to do, recognize it and treat it, if it goes untreated, it can be deadly. >> justs we reached the top of this mountain, a simulated marine casualty. >> man down. >> and they spring into action. >> he is breathing? >> respiratory rate -- >> get him warm. >> get this guy ready to descend. >> still not responsive? >> by the way, this facility not just used by u.s. forces. the dutch, british and norwegian militaries send troops here for this highly specialized training. shep? >> shepard: casey stegall up in the clouds. thank you. prosecutors say he had ties to a terror mastermind and tried to raise money for an attack to rival that of that of 9/11. now, he is on trial. our top story as we go around the world in 80 seconds. indonesia. prosecutors say the 25-year-old

flew to saudi arabia in search of funding for two hotel bombings in jakarta. the attacks killed seven people. prosecutors say the suspect met with a regional terror leader one year before the bombing. he says he did nothing wrong. portugal. emergency crews looking for more than 30 people still missing. four days after weekend landslides killed more than 40 people on the island of that madiera. officials say there is little hope. peru, two buses crashing head on on a stretch of highway in the northeast. the rec killing more than 35 people. police and firefighters had to use cutting equipment to reach many of the injured trapped inside the vehicle. no official cause released. but a local newspaper reported the highway where the crash occurred had no center dividing line. israel, three lion cubs making their public debut at safari zoo

just outside of tel aviv. an animal trainer says they were born a month ago. the cubs, all female, the trainer says the zoops lion population had dropped from 50 to just 9. the hope, fees females will help boost the population in the next few years. and that's a wrap on this fox trip around the world in 80 seconds. >> shepard: we all know the government can take away our homes to clear way for roads or strip malls. what about your museum if you happen to have one? next, why the government seized the musicians hall of fame in nashville. and what the owner plans to do about it. we'll report. you decide on the eminent domain battle in music city, u.s.a.

police say she was found crying alone and scared inside a gas station bathroom.

tonight, police are asking for your help to identify this little girl. the cops say they really don't know much of anything about her. she is an african-american kid, presumed to be around 2 years old. we're told a customer at a newark delaware gas station heard her cries and found her inside the men's room on sunday afternoon. cops say she is in good health and now in the care of a foster family but still no leads. there were no working surveillance cameras at that gas station and they are asking anyone who may know who she is to call this tip line. the number is on your screen if you are listening on the radio it's 302-366-7111. there is a legal battle in nashville over that city's plans to tear down the musicians hall of fame to make room for new convention center. it seized that privately owned museum under eminent domain, that's the law that allows the government to take over private property over the say of the owner. the owner is not doing so

quietly. he wants $9 million to reopen somewhere else. nearly twice what the city said it would pay. jonathan serrie is live in nashville tonight. the cops are saying that it is offering -- the city is saying it's offering fair market value. >> that's right. nashville's metro development and housing authority is offering $4.8 million to the owner of that property based on the fair market value. but joe chambers, the owner of that private museum says he will need nearly twice that amount of money if he is going to relocate musicians hall of fame somewhere within nashville's tourist district. listen to this. >> this is a tourist-driven venue. and you can't put it somewhere that's not where the tourists are. >> nashville officials say they are sympathetic but have constraints of their own as well as a responsibility to look out for the taxpayers. >> we, of course, have to be careful stewards of the public's money and we have to make offers

that are based on independent, fair, reasonable appraisals. >> now, one potential compromise is a proposal that the musicians hall of fame convert into a nonprofit and then be housed within the walls of the convention center once it's completed in early 13. -- 2013. >> shepard: a step toward preservation. the british government officially declaring abby roads studio in london. historic. the beatles named an album after the place. pink floyd, radio head among many others record there but the emi group which owns abbey road says the studios have been losing money for many years after reports it was talking to potential buyers, emi said yesterday the studios are not for sale. hundreds of abc newseum employees could soon be on the job hunt after word that that

company plans massive cutbacks. the ants president david weston sent out a memo to staffs about it the company plans to offer voluntary buy-outs and follow that with layoffs as necessary. no word on the total number of cuts. abc news has roughly 1400 employees and reports indicate the organization could be looking to drop more than 300 of them. alabama has an elephant. lsu a tiger. ole miss has nothing. but that's about to change because the students were awesome today. the rebels, of course, win and they, of course, are my favorite thing anywhere ever. and now something to roam the sidelines. breaking news now from oxford and it's next. [ male announcer ] a bath becomes even more pleasurable when you know that your water is being heated in an environmentally conscious way, while saving you hundreds of dollars

on your water heating energy bill. introducing the geospring water heater from ge with advanced hybrid technology. heating the water in your home any other way is just going to m primitive. ♪ a good company will fix its mistakes.. but a great company will learn from them. that's why toyota engineers have rigorously tested the solutis for our recalls and our dealers are repairing up to 50,000 vehicles a day with confidence. we're working to restore your faith in our company by providing you with safe, reliable vehicles, like we have for over 50 years. for more information, please visit toyota.com. and all your little mile-pebbles ameriprise financial can help. weave over ten-thousand advisors rey to listen to your dreams and help you plan for them.

because the first step towards reaching what you want is reaching the person who can help you get there. our advisors. your dreams. more within reach. meet us at ameriprise.com. as we're finishing up, i mention i'm going to the bathroom more often. he checks it out. good thing. turns out... my urinary symptoms -- such as going frequently, trouble going, flow starts and stops... and going often at night -- are due to bph, also called enlarged prostate. he says or time, avodart has been shown to shrink the prostate, improve urinary symptoms, and reduce the risk of prostate surgery. only your health care provider can tell if your symptoms... are from bph and not a more serious condition... like prostate cancer. do not donate blood until 6 months after stopping avodart. tell your doctor if you have liver disease. rarely sexual side effects, swelling or tenderness...

of the breasts can occur. avodart is for men only. women should not take or handle avodart... due to risk of a specific birth defect. today's the day to talk to your doctor... about your urinary symptoms and find out... if avodart is right for you. >> shepard: top stories are coming up. first there is breaking news out of america's favorite small town, cue the band. ♪ the results are in. ole miss students have voted to

find a new mascot. the rebels play for the only school in the sec without one. ole miss dismissed old colonel reb in 2003 to get away from the stereotypes that were hurting and not helping. the caricature of white plantation owner. more than 18,000 students eligible to vote today online whether the university should adopt a new symbol of school pride, fox news confirms there has been a landslide. more than 2500 yes votes today about 850 against it 75% as for the new mascot, that's the next decision for the students to make. hottie to they, well done. proud of you and our great american public university. >> shepard: we know dogs can't fly but it seems somebody forgot to tell a certain springer spaniel. poppy is the name. chasing a seagull near a cliff in england when the seagull flew over the edge.

look out poppy. poppy dropped 300 feet. her owners say they thought she was a goner, it seems poppy length out far enough to hit the water. she dog paddled to shore and waited for rescuers. >> come here. >> all right. lovely. >> hello. it's okay. >> get it a biscuit. >> shepard: it was okay. rescuers bundled her in a blanket and took her out to a ship. we are told she had a collapsed lung but since has made a complete recovery. updating fox top stories tonight. the president of toyota u.s.a. said today testifying on capitol hill saying recalls may not totally solve the automaker's gas pedal problems which the company is still investigating. top republicans lawmakers now say they plan to attend the president's health care summit on thursday but add they don't expect the meeting to be very productive. and the department of homeland homeland security says may rule

out new body scanners next week. boston logan airport will get the first three. and on this day in 1958, cuban rebels loyal to fidel castro kidnapped world famous race car driver juan man well fangio just one day before the havana grand prix. at the time many considered him to be the best in all the world. he's prepared for that race, a communist guerrilla approached him in the lobby of his hotel and pulled out a pistol. the driver reportedly thought it was a joke until more rebels showed up with more guns. the group's leader then told him it was a political statement and that they would release him after the race. fangio wound up praising his kidnappers and refused to help police identify them. the rebels put the brakes on the driver 52 years ago today. and now you know the news for this tuesday, february 23rd, 2010. i'm shepard smith. thanks for havg