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tv   Studio B With Shepard Smith  FOX News  March 28, 2012 12:00pm-1:00pm PDT

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women are over 50 with skills and talents varying from rookie to former division one college player. look at them go. thank you for watching, everyone, here is "studio b" with shepard smith. >>shepard: thank you, the news begins anew, today jetblue takes action against the captain. wow. he freak out mid-flight and forced an emergency landing. people who know the pilot are speaking out. the republican presidential candidate, newt gingrich, said he is in the race for the long haul but he fired a third of the staff including his campaign manager. >> plus, nike and rebok battling over a gear with tim tebow's name on it. that is ahead unless breaking news changes everything. this is "studio b." buts first, from fox at 3:00 in new york city the supreme court wrapped up a mayor than --
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marathon series that could change health care provisions to millions. can the government force mens it buy something? that is the question. supporters and opponents of the health care overhaul made their voices heard again today outside the supreme court. the white house argues we need this new law. it is aimed at extending coverage to an additional 30 million people. but those who oppose overall say a keep part of the legislation violates the tugs. today was a double header. first, the high court revisited the so-called individual mandate. that was up for debate yesterday. it would force many of us to buy some form of insurance or pay a penalty. the new question today before the court, if that rule is unconstitutional, can other parts of the law stand?
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the justices focused on the expansion of medicaid and if that places too much of a burden on individual states. and now live outside the courthouse, was there a sign of the justices leaning one way or the other? >>reporter: well, on the issue of what the rest of the land can stand or should be struck down, there is skepticism. hearing from the challenges who say if you take out the mandate it is the entire law and the rest of it cannot stand. >> so, why shouldn't we say, the choice between a wrecking operation which is what you are suggesting, or a salvage job and the more conservative job is salvage rather than throwing out everything. >>reporter: that was the way she was leaning saying there are parts we can save, do not throw the whole thing out. >>shepard: not everyone is convinced. >>reporter: there were so many
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discussions from the judges saying how can you take out the funding mechanism, the core of this law, and keep the rest of it. justice scalia, have we done this before? >> most our severability cases involved one little as expect. the question is whether the rest, when did we ever, really, struck down what was the main purpose of the act? and left the rest? >>reporter: he was skeptical that is possible and a number said how do we go through the 2,700 page law and decide what stays or goes. some was to get votes such as corn husker kickbacks. >>shepard: what was the final argument on kickbacks? >>reporter: they say they cannot afford the million
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expansion of new people. and if you do not take the new people on you do not get the money but you will lose all of your medicaid funding, a big concern and contested today. the governmenting ad that it is possible, but not problemmible that would happen and the states say we don't want to take your word from it. if you can yank all the money it would bankrupt us. we cannot afford it. >>shepard: and now, am staff writer for the washington, dc, number "rollcall." you mentioned an interesting anyone for you is what struck me, that people on the right and left are both weirded out. >>reporter: they are and everyone is trying to make sure they come out on top regardless of the court. both sides expect the court to rule in their favor but what i find interesting with democrats in particular only because the arguments have suggested to some
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that the court is going to throw out the mandate is that, one, democrats are trying to blame republicans for coming up with the idea of the mandate which could be true back in the 1990's. >>shepard: may be, it is true. that isn't up for debate, is it? >>guest: figure of speech, here. it is not what i meant to get to and, today, today, democrats were saying, look, the only prudent decision, the only correct decision legally would be to uphold the law and if not the court would lose all power and credibility and would damage its reputation. so this is where both sides, again, are trying to make sure they are on the right side and republicans say regardless of what the court does they will try and repeal. >>shepard: sense you brought up the political part of all of this if the mandate is struck down, that is the president's signature legislative achievement and it is stuck down that is a blow. if this is upheld, again, a win
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for the republicans because they can say, look, we cannot get rest of this and the only way to get rid of it is to get another president. so it seems like a political win for the republicans no matter what. >>guest: in theory that is correct but i could see the president saying look what the conserve testify court did, re-elect me so we can make sure when they retire i can replace the justices and that is the other way it could go. >>shepard: do you see this down the road being an enormous part of the election as we move forward or another thing that will fly to the side? >>guest: well, it depends. the recent polling i have seen has had health care far below the economy and the federal budget and the deficit in terms of what voters care about. could it pop up as a big issue? yes, right now it is not, but i wouldn't dispute the idea that
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this could be the major issue in the fall. >>shepard: thank you, david drucker. trayvon martin now, his mother says she has faith in those investigating the death of her son. even though it has been a month since volunteer watchman george zimmerman shot her son did, she is trying to be party. and the governor met with trayvon martin's parents before he announced the appointment of a special prosecutor. police in sanford, florida, never arrested or charged the admitted shooter claiming he killed the teen in self-defense. but according to multiple reports the lead investigator in this case, officially, the night this happened, wanted an arrest on manslaughter charges against george zimmerman and it was the estate attorney who said, there is not enough evidence. and now the chief correspondent, jonathan hunt is here with us. this go, he wanted the guy
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arrested and they made the determination on scene, there is not enough evidence to come up with a conviction. i wasn't sure that is how this is supposed to work. >>jonathan: like everything in the case the truth seems to be murky. what appears to be the case, appears, that the attending cops on the scene had to technical a they ticked the box saying negligent homicide on the part of george zimmerman and this according to the reporting of phil keating in florida and then senior detectives were involved and they decided they were not exact sure what to charge, if everything, so they punted to the prosecutors and the state attorney and the state attorney punted to a grand jury, now being impaneled. in the meantime the governor appoint as special prosecutor. all of this will come out in time, but as i say, like so much in this case the truth is out there and we cannot get it.
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>>shepard: leave it to the politicians to make it a political issue. it is both sides. and stirring up quite a controversy. >>jonathan: on the floor of the house of representatives, a democrat representative from illinois, bobby rush, talked about this case and decided to make a point with a roady. watch -- with a hoodie. >> racial profiling has to stop. just because someone wears a hoodie does not make them a hoodlum. >> the member us suspend. under rules of the house of representatives, the member is no longer recognized and is out of order. >>jonathan: with that, congressman rush was asked to leave the floor of the house of representatives on the basis of an old congressional rule which prohibits the wearing of hats
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and the hoodie which trayvon martin was wearing when he was gunned down qualifies as "a hat." >>shepard: hope they are having fun, thank you. do you have strong thoughts? get on the chat with jonathan he is there now, go to foxnews.com/shep and check "on the hunt." the pilot who lost it on board a jetblue flight this time yesterday is a consummate professional. that is according to the airlines. so what happened to make him wig out? moments ago we heard from the f.b.i. that is ahead. and $2 billion for a down in the dumps baseball team. wanna know the difference between a trader and an elite trader?
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>>shepard: jetblue said the pilot who went weird needs more space and they suspended the captain who flipped out. he is under investigation and not allowed to fly planes. the story was breaking around this time yesterday. passengers on the flight from john f. kennedy to las vegas her the pilot, or saw the pilot sprint up the aisle and ranting about a bomb, iraq, and al qaeda saying "say your prayers." four men tackled the captain using seatbelt extenders and zip ties to pin him to the floor and an off duty pilot helped the co-pilot land in texas. here is the picture from the pilot's twitter feed. the company c.e.o. is talking about the pilot. and now the news from our newsroom. the secret blue c.e.o. said
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something interesting today. that this pilot is a "consummate professional." >>reporter: that is right, speaking out on before of the captain saying he has been a pilot for jetblue since 2000 and there is nothing in the captain's record that would lead him to believe he would be a risk on a flight. >> i have known the captain personally for a long period of time and there has been no indication of this in the past. >>reporter: he was taken to a medical facility and is receiving medical attention under the care of the f.b.i. and we get updates as we have them. >>shepard: thank you, laura. a couple of days ago catherine reported on a congressional hearing about arming all the pilots? remember that? that who is been fascinating. legal panel is here, faith jenkins and criminal defense attorney randy zelin. could he have had a panic attack? they can come from nowhere?
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legally speaking, faith, can these passengers sue? >>faith: it would be a question of damages. how were they damaged? were they somehow inflicted with some kind of emotional distress. the plane wasn't delayed for very long. a few hours. so it will be tough, i think, someone is going to say, i don't think i can fly again because of this, probably. so, there could be a claim there. because, obviously, the airline has a duty to provide pilots and flight crew who are medically fit and prepared to fly and be part of the crew. >>shepard: if there had been no scenes from the pilot which the c.e.o. from jetblue is indicating, how would they know, okay, well, on tuesday, he is going to freak out and run down the aisles and talk about al qaeda and bombs. >>randy: from a civil liability to sue jetblue, if they did not know or had no
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reason to know --. >>shepard: which is the reason possibly for the c.e.o. laying this out. >>randy: in question fraser was sitting next to him. that takes jetblue off the hook but now the other issue is a federal criminal statute and we have seen it a couple of times an incident on a flight involving a muslim gentleman last march and that is called the unlawful interference with the operations of a flight crew. actually a federal crime. so, that would be enough for criminal charges and, of course, jet whether you could have the right to success spend him and we saw the southwest pilot who was suspended for rapting and raving with an open mike. all kind of things are beginning on but first we have to figure out what happened. >>faith: there does not appear to be equality because if there was unruly passenger this person
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would be locked out now and there would be a huge investigation going on and all of the other things but obviously this pilot --. >>shepard: you are talking bombs al qaeda and taking planes down and saying prayers. >>guest: they should be held to a higher standard. >>randy: there is a practical business reason because it is one of jetblue's own. so, if they were to do all these things you would do with a passenger on the airline, how would you know the passenger is going to freak out but to do it to your own you could be subjecting yourself and that is civil liability. >>shepard: be careful with jetblue next time. >>randy: i ain't flying these days. >>shepard: imagine, jonathan, the congressional thing of arming all the pilots. >>jonathan: an armed pilot with that kind of meltdown,
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scary. the planes decompress quickly if a bullet goes through. >>shepard: jetblue is at the only person freaked out, a drunk female passenger on a us airways flight kicked and slip a flight attendant and slapped another after the crew refused to give her ... alcohol. that is a mug shot from the sheriff in florida, the for the meyers area. she was on a flight from charlotte to for the meyers and lost it and the deputy on the flight used mistake ties to held her down. the arrest report said she continued to kick and scream and she broke an armrest. according to the reporting of nbc's raleigh station, the woman screamed and cried as she was checked in the terminal and cops charged her with three counts of
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battery and interfering with an aircraft. that is federal. >> pope benedict and castro meeting as the pope wraps up a trip to cuba. that is ahead. and thousands of girls calling and leaving messages for justin bieber. the problem is they had the wrong number. and grandma is at home going what are you doing? imagine you are 82 and you get hundreds of calls a day for justin babier. we always hear about jobs leaving america. here's a chance to create jobs in america. oil sands projects, like kearl, and the keystone pipeline will provide secure and reliable energy to the united states. over the coming years, projects like these could create more than half a million jobs in the us alone.
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>>shepard: the catholic pope
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wrapping up a visit to cuba and a visit with castro who came to power in the 1950s, a bloody take over accused of mass killings of dissidents carried out by his firing squad and castro reportedly an atheist met with the pope for 30 minutes this afternoon and earlier hundreds of thousands welcomed the 84-year-old in havana's revolution plaza. and cuban leader front and center as he called for great religious freedom and urged an end to cuban isolation which popes have been doing as long as this is a cuba. and now, steve has been traveling with him. hello, steve. >>reporter: a good breeze today with mist all the way up here in front the national hotel and the pope had a mass outdoors in havana before several hundred thousand and he said the world and cuba must both change. they lined up in the pre-dawn hours to see him and stood for several more hours in the hot
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sun as, once again, the pope benedict made subtle criticism of the communist regime. >> there are those who wrongly interpret the search for truth leading them to fanaticism and close themselves up to their truth and try to impose it on others. >> the pope did not pleat with any cuban dissidents but he met this afternoon with castro, pushing for go friday to be made a national holiday here on on the three day visit he has pushed for a bigger role for the church in a country which was atheist for 30 years but the church now does not have the power to build new churches or open religious schools and that is something that this hope is pushing to change. back to you. >>shepard: thank you, steve, from havana. >> a brand if you shakeup in the g.o.p. presidential race. newt gingrich is scaling become.
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live in washington, dc with what appears to be his strategy. and a big money fight over tim tebow. [ donovan ] i hit a wall.
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>>shepard: this is "studio b" at bottom of the hour time for the top of the news. presidential candidate, newt gingrich has laid off a third of the full time staff to cut costs. he has replaced the campaign manager but the former speaker of the house of representatives vows to stay in the race. and james is live in washington, dc, if he is not dropping out of the race, what is he doing? he doesn't have a path to a nomination? what is the function? >> the aides call the it a big choice convention strategy, because they are working the phones to appeal to uncommitted delegates who are usually by definition members of the republican party establishment the beast that newt gingrich sees working against him. >> everyone in the establishment is chanting that santorum and i should quit, well, romney has to
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earn this. it will net be given to him. we have every right to run. >>reporter: he said if romney clinches the nomination newt gingrich will support him. >>shepard: the frontrunner is taking hits from the president today. >>guest: from the vice president and the white house, that is true, mocking and listerring attack on the foam governor from vice president biden, he cast romney as "out of touch," with working americans and the enemy of manufacturing jobs, and speaking at an engineer firm he also revived a line attack against romney that newt gingrich and the other g.o.p. candidates pressed for much of the early part of the year. >> bain capital closed down to factories in south florida that made medical devices and moved production to germany. they shut down a plant in, is -- in south carolina and another that then outsourced production overseas. i am familied to say, mitt,
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thanks for the memory. >> in a statement the romney campaign shot back and i quote, "under president obama's leadership, over 800,000 fewer americans have a job, home prices have plummeted, and gas prices have hit record highs." rick santorum was chasing votes in wisconsin today, and ron paul was fielding questions at the university of maryland. >>shepard: thank you, james. nike is taking rebok to court over tim tebow. according to nike they are selling jerseys with tim tebow's name on it and they cannot do it. tim tebow officially became a jet this week, and the move comes during a month when the company has in rights to sell nfl apparel. that is because nike is take over the rights from rebok but they have responded and nike say
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rebok is hurting their chances to cash in on this. but i learned from randy before i read this what really happened. one company had the rights to all of this with the teams, with the league, right? you explain it. >>randy: as i understand it you have to get the approval to make the jerseys first, from the league office, and, also, from the players. not each individual player but from the players association. the problem was the contract of rebok did not expire at the same time. the contract with the players association, permission from tim tebow, expired we federal 29. for rebok but the permission from the league does not expire until march, 31 days, march 31. so nike does not get started so rebok, they say let's make as
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many jerseys as we can and deal with the fall out later. it was a gaffe and someone, i think, messed up. >>shepard: kind of like around here we have rules of video you can use from the internet and i say, just use it we will due the lawyers later and the producers are, like, no, we won't we will get our butts sued. but this is big enough they are saying "screw it," so they trying. >>faith: they are taking a chance taking the sales from the jersey. >>shepard: some lawyer is in big trouble. >>jonathan: i know what tim tebow would say, i am honored to be part of this. and it was the lord's will. >>shepard: what do you think the repercussions of this will be? is there a lawsuit? >>randy: there will be a
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resolution between nike and rebok, the check will be cut and it will be over and done with. it will go away. >>faith: nike will get a portion of the sales. >>randy: but nike does not have a right to anything, so they do not even have a right to say we are getting hurt because they don't have a deal. >>faith: but when their deal starts those who have purchased jerseys will not buy from them because they were beaten to the punch. >>shepard: so later on ... will they want them? >>jonathan: most people want to see tim tebow without any shirt. >>shepard: we don't know the same people. but, thank you, jonathan. quite a segment. the basketball legend magic, johnson helping rescue major
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league baseball for a record $2 billion purchasing the dodgers. they were bought in 2004 and the owner's wife was made the c.e.o. and then he fired her. and magic johnson has agreed for buy the dodgers which would save it from bankruptcy. trace is out there. do we expect mlb to approve this? >>trace: most say they will because the ownership group has deep roads in los angeles and it finally says goodbye to the unpopular era of mccourt, $1 billion more than any other major league we baseball has soldier for banking on a multimillion broadcast deal that could include fox sports, but the concern is there will not be enough money left over to pay for the bail operations. but, sportswriters believe there will be and the deal will be
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done. listen. >>guest: the deal is all cash. there is no debt in the deal. and to have magic johnson in ownership group, that means to the sport which is lacking minority ownership, it is huge. and cast as an insider, that appeals to baseball. i don't see any problems. >>trace: and he is talking about kastens former president of the atlanta braves and the washington nationals. >>shepard: the guy who owns it, frank mccourt, he is making out fine. >>trace: he walks away with a bundle. he bought the dodgers in 2004 for $430 million and he has $579 million in outstanding debt and he owes his ex-wife $130 million and you add it up, pay it off and he still walks away with hundreds of millions. and he get dozen keep the land surrounding dodger stadium including the parking lot which a lot of fans are not happy
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about. >> it is a curious thing. and it is something that a lot of people are going to have questions about and be upset about but he made a business decision and is coming out of knit a very good way and that is his right. >>trace: the most expensive united states sporting franchise to date $1.1 billion paid for the miami dolphins a couple of years ago. >>shepard: thank yous trace, from los angeles. now to syria. the president said he would go along with the cease fear and they are saying stop killing your own people, stop murdering thousands of women, children, and men and he said, sure, no problem and now a lot of experts are saying he is just ... well, just stalling for time and the rest of the world is letting him do it. we will show you that and a fireworks factory explodes and the video is nuts.
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>>shepard: 400 firefighters from several states are trying to control a fast-moving firefighter after it killed two people in colorado breaking out on monday in mountains southwest of denver. forced hundreds of people to get out quickly. and you can see why, this used to be a house in the foothills. you can see what it is now, not much of anything. today, colorado's 4th service confirmed a controlled burn last week helped spark the fire and search teams are still looking for a woman reported missing inside the fire zone. and now live near the fire. what do we know of the missing woman? >>reporter: nothing about her but the search for her is extensive and a search-and-rescue team of 32 people and six dogs and they started at her home dead, which was in the burn area and destroyed most likely on monday
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when the canyons turned into a firestorm by gusts up to 70 miles per hour. this video was shot by a family as they were escaping the flames, driving on the windy roads which was treacherous and another look at conditions from a police dash camera shot as they tried to evacuate people and conditions have improved considerably. there are now 400 firefighters on the scene and helicopters and air tankers and a big development in the colorado state forest service which conductses a 35 acre prescribed burn in the area on thursday has determined their burn caused this wildfire that they discovered during the 4th day of mop up. the governor is threatening to ban controlled burns and says he understands the anger expressed by this woman. >> they set this fire! do you understand that?
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(inaudible) don't let them tell you it is mother nature it is a man made fire set by jefferson county. >> officially the containment figure stands at zero percent but that should change when we get another briefing and the winds have been light and should continue the next couple of days beyond. >>shepard: thank you, live from conifer, colorado. a series of explosions at a fireworks fact ory forced people to run in thailand north of bangkok. the fireworks factory workers off duty, and no one was hurt and it took several hours to control the flames. no word on the cause. i could guess the fireworks did it. since it was a fireworks factory and fireworks do explode.
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reports of a brand new government assault in syria a day after the president assad accepted a u.n. peace plan that called for syria to immediately stop killing their own people. men, women, and children. activist groups say the syrian president agreed only to buy time. the syrian human rights have reported military strikes in several cities. and now the managing director of the washington institute, michael singh, officially with the national security council and special assistant to condoleeza rice and colin powell. it is a broken record, right, michael? >>guest: it is. you may remember this plan that president assad agreed to was weak in the first place and secretary clinton has rightly said we are waiting for actions not just for his word and the actions speak for themselves. we are still seeing syrian
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civilians killed and atrocities by the syrian military and it doesn't look like president assad has any intentions of keeping to his word to stick to the peace plan. >> is there a next step? something that interested parties can do? >>guest: we should not expect that assad will keep to the peace plan because he never kept his word in the past and his rule is based on fear and intimidation, so if he were to suddenly withdraw the troops into their barracks the protests would start again and he would lose his grip on power. what the united states wants to do is to show now and beijing which remember, supported the plan, that assad cannot be trusted and treasure them into stronger action. the question, though, we have not answered is the obama administration still has not answered, is, what, exactly, do we want them to do? what is our plan if it fails? >>shepard: we get different reports from different areas the cutting off of supply route for the rebels on one side, the
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massacre of a bunch of leading rebels on the other side and the intimidation of rebels family, the killing of rebels' families and they are encircumstance chemicalling and beginning a campaign that will not end well. >>guest: well, that is right and you left out, really, the worst, which the u.n. human rights cheever mentioned today, or yesterday, which is the deliberate targeting a children. this is despicable regime. we cannot forget that. >>shepard: and we cannot do much about it? >>guest: there are things we can do. different u.s. officials and different members of congress have called for airstrikes and people have talked about arming the opposition but there are no easy answers. each of the options brings risk but what we are seeing right now and what is disheartening is indecision by the united states and by others in the face of what is something that is really terrible going on in syria and what we need is, really, a clearer sense of where we are going and what we are willing to do. >>shepard: that would be nice. good to see you, michael.
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justin bieber, i like the song, though, right? it is good. jonathan was talking about it, something that even adults can deal with. he spent out a tweet with a phone number. it's worth it. wait. if you think tylenol is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain. two pills can last all day. ♪ or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert
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>>shepard: justin bieber could be facing legal action over a tweet. he sent a message to his 19 million twitter followers. and he tweeted them call me right now. and he listed a phone number. minus the last digit. so this woman in next says her home number starts out just the
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same way his did and the bieber fans have been calling her insaysently. >> my god. call me back. i love you. >> justin i know you are there, i love you. >> justin i love you. >> it is pathetic. i'm not into that type of music. >>shepard: i thought it was the hair cut. >> a mention motion man says the same thing happened to him. now, he and the woman are considering a lawsuit. over the tweets. and a legal panel, faith jenkins and randy zelin. there is a new song that maybe grandma should hear it. >>jonathan: it is a wonderful song.
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>>shepard: now, if he sent out your number, for instance, but left off the last number, would people --. >>randy: my daughters would have given him the last number so he would get it right so they are such huge fans. >>faith: it is outrageous he has 19 million twitter followers. could on. outrageous. they have a claim here. anyone can see, really, really, 19 million twitter followers and out of it, if he had 19 followers i would say no, but --. >>shepard: do you follow each other? >>faith: i side with the grandmother. >>shepard: the video of her listening to the voice mail of these people call thing justin and i can later, what is wrong with these people? good grief. back in the day, what is wrong
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with the people. >>randy: thing of the beauty if justin bieber showed up at the house with a bouquet of roses and a couple of tickets. she had grandchild. she has grandchild. >>shepard: she said "i don't like that music." >>faith: a nice expressture -- a night gesture would be very becoming. >>shepard: what would you do with the million? >>jonathan: take the roses and give back the tickets and ask if he had any springstein. >>shepard: well if they were to sue could they win? >>faith: probably not. in real life. >>randy: no. >>shepard: so i will tweet all your numbers. >>randy: nobody calling me.
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>>shepard: i'm not talking you, her. >>randy: my mother. >>shepard: we would have to have the delay on because they will curse you. >>randy: except for my mother. >>shepard: cops say a man repeatedly rammed into a car because he thought his wife was inside it. she wasn't.
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>>shepard: nobody hit the mega million. the next jackpot, $500 million. that's the jackpot for friday mega millions the largest in the left of our nation's lottery. no one picked six numbers last night in the drawing so that jackpot rolls over to this friday. keep in mind before you quit the job the odds of winning are 1 in 176 million. "studio b" and staff bought a ticket.
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i am told. and before we wrap it up in "studio b" a pennsylvania man is in trouble after trying to attack somebody he believed could be his estranged wife. cops say ricky thought he spotted his wife driving down the highway. he followed the car and rammed it in the middle of the street. and the cops say he followed the car to a police station parking lot and rammed it again. finally officers ahe took off, the guy, but crashed his car into a ditch and the cops hit him with a town gun and arrested him. after all that, the guy found out he was ramming the wrong car. he did not know the other driver. no word of serious injuries. i want to hear from the other driver. you are in the middle of an intersection and a crazy guy starts ramming you. >>randy: he had a panic attack, and then went ahead and adopt the his we

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