tv Studio B With Shepard Smith FOX News May 14, 2012 12:00pm-1:00pm PDT
king of for news, anyway, after o'reilly. >>shepard: thank you, today, on "studio b" an airport document unliked online, showing a stunning new detail the government's use of drones right here in the united states. if a citizen gets "droned" by accident the air force can hold on to the evidence for months. thank you, government. speaking of the government's key witness in a perjury trial against the foam all star pitch el roger clemens, took the stand and he says he personally injected the rocket with performance enhancing drugs over several years. plus, workers at a library called the cops and they threatened charge for $81 worth of overdue library fines against a four-year-old girl. tough guys. all ahead unless breaking news changes everything.
>> but, first, from fox at 3:00 this monday afternoon, a new generation of surveillance drones can soon be watching us all from overhead, the federal aviation administration is expected to announce plans to expand the use of domestic drones in american airspace. eyes in the sky, similar to the unmanned aircraft that the united states has been using to target terrorists abroad. here at home the surveillance can be used to track terrorists or drug dealers or to find missing children, or locate wandering alzheimer's disease patients. lot of different good uses but critics want the use of drones is a major threat to all of our personal privacy. a newly discovered air force intelligence document leaked and posted online, states "if drones capture surveillance footage of americans, the data can be stored and analyzed by the pentagon for 90 days." that is not all. jonathan hunt is with us with more. when will the drones fly?
how many could there be? >>jonathan: a growing number already but according to the experts and the f.a.a., there could be as many as 30,000 of these drones, 30,000 of these drones flying overhead in the next decade. now, obviously law enforcement agencies love the drones and they will be able to save lives in hostage situations or search-and-rescue operations but obviously, the privacy concerns are huge. because they will in effect bring every single backyard in america into the authority's view. you have had an expectation of private any your backyard, but you will not any longer. there is essentially no real legislation currently written to curtail where they can go to limit what they can see. that's the obvious concern. >>shepard: the language on the document, incidentally getting video of americans doing something. what does this mean? >>jonathan: one of the drones
is, say, headed to the united states and mexican border or looking over a traffic incident in downtown chicago. but if they are on their way flying to either of those incidents and they look down and it records in your backyard footage of a bunch of bags of fertilizers and tomato plants, is it tomato or marijuana plants? they have a reason, they say, to keep that footage, analyze it for up to 90 days and look into all manner of things you may or may 2349 do. >>shepard: will there be a new rule of everyone building an extra bedroom? >>jonathan: you cannot. >>shepard: i thought you have to to allow a member of the government to live there with you. it would probably be good for housing. housing starts. >>jonathan: and gerri can
address that. >>shepard: a member of government for everyone and a bedroom for all. getting great. drones for all. well, well, judge napolitano is with us. they cannot require us to build an extra bedroom but they can spy on us. >>judge napolitano: they cannot spy on us. >>shepard: but they will. >>judge napolitano: did you sea legs enacted by congress or signed by the congress? the answer is no. these are regulations bureaucrats gave themselves the authority to capture images of us in the privacy of our backyard and depending how low the drones fly, inside the home, if the drone can see inside the home, and to retain and analyze and distribute among members of the government, what they find. this is not permitted by the constitution and not permitted by federal law and congress did not vote on it and the president has been silenced and bureaucrats did it on their own. >>shepard: this has been the case forever. i know from working local
television, if you as a citizen have a reasonable expectation of privacy, for instance, your girlfriend and laying out by the pool in the backyard and you have a 12' fence, if my television camera shoots over the 12' fence at the naked woman i have committed a crime because she has reasonable expectation of privacy so the drones should not be able to do it for the same reason. >>judge napolitano: i would make the same argument. the government would commit the crime. this is very serious. it is one thing for the government to do and another thing for the defense department to do it. the defense department cannot engage in any activity in the united states of america, without an executive order from the president, that must be published. if the president is authorized, the defense department, jonathan spoke of the air force, to fly drones over everyone's backyard and we don't know the president and the air force have violated numerous federal, criminal statutes. >>shepard: but no one cares. >>judge napolitano: no one
cares. why isn't the congress up in arms, the congress that let the president bomb libya where let his air force spy in our backyards and they will look the other way? >>shepard: there will never be any retribution, there will be tens of thousands of drones. if you are not doing anything you may not care, but, should we they out the whole constitution and run by a new set of rules. >>judge napolitano: the 3rd amendment, the fourth amendment, the 5th amendment guarantee us the right to be left alone. government stay out of our face. we are letting normal, lawful lives and we don't want you in our faces as we do it. suddenly the government, silently from 30,000' is violating those amendments. >>shepard: it is quite a thing. and mighty quiet. judge, thank you. just in to fox news, it appears the republican presidential rub
for the white house is ending, a new statement and the texas congressman thanking his supporters for their hard work says he will continue pushing his ideas at the local and national level, but he conceded that his campaign is low on funds saying "we will no longer spend resources campaigning in primaries in states that have not voted," and "doing so with any hope of success takes many tens of millions and we simply do not have." ron paul is out of the race. mitt romney is the likely g.o.p. nominee obviously regardless. ron paul supporters are hoping the congressman playing a very large role in the republican convention in tampa this summer. he will soon outline the strategy for amassing delegates to impact change in the republican party, and go to the convention with what he calls a strong message. the long time texas congressman is not running for another term to represent his district, and ron paul saying moments ago he will no longer actively campaign
for the presidency of the united states. now the fallout at the biggest bank in america, j.p. morgan chase, in less than a week after the banking giant announce add $2 billion loss because of one person's risky trades, heads are rolling. j.p. morgan chase announced this executive who managed the department responsible for the trading loss will retire and the resignation is accepted after a 30-year career. one of the most powerful and high ranking women in this nation in the banking business, or on wall street, which is the height of it. her salary last year, more than $15 million. today a resignation is accepted. and yesterday's "meet the press," j.p. morgan chase crow said they remain strong despite a few sloppy moves. >> this is not a risk which is life threatening to j.p. morgan chase but a stupid thing that is, we should never have done but we are still going to earn a lot of money.
it isn't like this company is jeopardized. we hurt ourselves and our credibility. >>shepard: that $2 billion loss came from the same bets that forced the taxpayers to shell out hundreds of billions in bailouts. is j.p. morgan chase too-big-to-fail? or capitalized to the point it is not necessary? who else is on the chopping block? >>gerri: two other folks in london, and you did mention ina drew is supposed to get $14 million bonus coming up on top of the $15 million salary. she makes a lot of money. >>shepard: good benefits. >>gerri: highest ranking woman in banking in the country. and the london whale, bruno iksil caused all of the speculation in the marketplace and he will go but we are watching and wait telling see if
anyone else walks. >>shepard: the biggest banks are bigger before the financial disaster and they are according to most, too big to bail out, so, does this reduce the calls for them to be broken up. >>gerri: people will talk about this. it makes it a more legitimate discussion with losses it only make senses for the american taxpayer to be more interested how big they are getting. >>shepard: if you overregulate and your version could be different from your neighbor's version, but if you regulate them too much they are not able to loan and in are too many constraints and what we want them to do that they are not doing they would be less able to do. >>gerri: if you regulate a lot they could move to london or move somewhere else, hong kong, where they could do business how they want to. that is a threat. and legislators inned withed they understand that but taxpayers on the hook, here, if something goes wrong and we cannot afford bailing out one of these big banks.
>>shepard: flies to see you. the prosecution spent three weeks trying to show that john edwards used money from his presidential campaign to hide a love child. will we hearnrn what about his daughter? what about the mistress? c'mon dad! i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw! ♪
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voters when he was running for president back in 2008. trying to hide them from his wife, too, but that is not illegal. the lawyers argue the money from two wealthy donors was not a campaign contribution but a gift. that's the defense strategy. according to the lawyers because the money was a gift, it it is t subject to campaign laws. the prosecution has been trying to paint john edwards as a sleazy two timing husband who masterminded a political scheme using campaign funds illegally. the potential witness license is, well, interesting. john edwards could take the stand in his own defense on the witness list. before he was elected to any office he made a fortune as a personal energy attorney known for his ability to sway the jury. john edwards' daughter has been listening to all the details how her father cheated on her then dying mother, and kate is an attorney, as well, and a harvard law graduate and gave up practices law after her mother died of breast cancer back in
2010. it is not clear whether kate will take the stand in her father's defense but he is on the list and it remains to be seen whether john edwards' mistress will testify a move that experts say would turn the trial into a three-ring circus. she is rielle hunter, and jonathan is live outside the we courthouse in north carolina this afternoon. so, the mistress, what is the thinking of whether she will or will not testify? >>jonathan: she has been on the witness list for the prosecution and the defense but the prosecution never called her and one legal analyst says it is very likely the defense will do the same. listen. >> i think bringing her back in the room, brings in the wrong message in front of the jury. she is the reason that john edwards is in this mess, in part, other than his own responsibility and it invokes the memory of elizabeth edwards and all the sordid things.
>>jonathan: so, it is likely that we will see john edwards himself testifying in this trial but as for rielle hunter, don't hold your breath. >>shepard: the defense testimony would be about this money as giftses not this money as campaign contributions? >>guest: exactly. they are trying to establish the money that the intent behind the money was personal, not political, and the former cfo for the john edwards campaign says an extensive audit by the federal election commission found no excessive contributions and did not require reporting donations from bunny mellon or fred baron. and the defense lawyer asked whether the campaign would have had to report donations paying for a baby crib or ob/gyn appoints for his mistress and she said that would be personal. we are not allowed to pay for personal expenses and the prosecutor asked if something is not a contribution are there
limited on what a person can spend? and the answer was "no, no limits." and then, "if something is not a contribution, does it have to be on an fec report," and the reply was "no." the conclusion next "no further questions." >>shepard: thank you from the courthouse. now to the lawyers, josh is with us from the brooklyn d.a., and criminal defense attorney randy zelin. a gift, a gift, a gift, nothing they can do. campaign contribution, he can go away for 30 years. josh: it will come down to what the jury holds this as corrections, guests. this is where people lose perspective. weñ,3b"z had soap opera testimod all the things mixed in but it comes down is it a gift? or is is it is a contribution? rain it will come down to "a" versus "t."
meaning, general, i am going to see a man. it could be anyone in here. if i say i'm going to see the man, we all know who i am seeing. one particular person. that is what the trial is going to come down to because if the jury determines that it is "the," and it is going to campaign contribution, we cannot tell where it was going but if it could have gonna for campaign contributions, for rielle hunter personal, he is convicted. josh: and the bottom line the jury will go, it was so confusing the language is so vague, they will go, you know what? anyone could have said i contributed money, i gave him money, no one knew how it was used and that equals acquittal. they will let him walk if they do not see it was clear-cut. he should have known he used it to the campaign.
>>shepard: you do not thing a jury would say, all right, the way he is acquitted is if this money was a gift and spelled out if that way? the way he is guilty if what he was really trying to do, if what his intent was, to hide the mistress from voters in >>randy: the problem is you cannot separate the two. it comes down to the way the judge separates it. if it is "the" the only way it could be used only for campaign contributions, he walked. if the judge makes it sound like it could be campaign, or personal, or a dollar was for the campaign, keep it from the voters, he is convicted. josh: you only have one in the jury with a problem you do not get unanimous. you do not have clear-cut, (a), (b), (c), then you have a problem.
>>shepard: next couple of days we will probably have this going to the jury and put this to rest. >>randy: four witnesses from the defense. josh: and a bunch of motions. defense case will be clear. >>shepard: he will go home scot-free or prison for 30 years. when police arrested a guy he said an allergic reaction to spray tan killed his wife. how did she break her neck?
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and the defense claimed spray tan could have killed her. the husband says he found his wife on the bathroom flow in 2007, and at one point the defense attorney said the dead wife could have died after a violent reaction to the spray tan. they don't say that anymore. the husband broke down in court today as lawyers played 9-1-1 recording from the night he claims he found her unresponsive. >>shepard: this happened back in 20 when and officials did not charge him until a year and a half later when the medical examiner ruled the case "homicide." the prosecution says he strangled his wife and lied.
the trial is being held in miami. phil keating is outside the courthouse. this spray tan defense did come up in court, right? phil: in opening statements briefly. the defense attorney claiming that their investigators found chemicals from the fake spray tan she got the night before on the magazine which was on the magazine rack next to the toilet and that is the defense claim that lina was sitting on the toy secret went unconscious and her head ends up resting overtime magazine wreck and strangling her and the defense attorneys telling the jury that rookies bungled to case and there is no evidence of any crime. >> you are going to hear that a rookie homicide detective handling his very first alleged homicide case with a small local police department, with no
supervision, completely bungled this case. phil: the first responders on the scene, miami dade fire rescue, one of their paramedics testified that, in fact, after the dramatic 9-1-1 call which had many people there sobbing in the courtroom it took them 32 minutes to get to the house. >>shepard: 32 minutes? this is unusual. the dead woman's parents are testifying on behalf of the man accused of killing her. phil: very unusual for a murder trial where the husband or wife is accuses of killing a spouse but that is what is planned by the defense. the parents of his former wife, lina, kauffman, who was 34 when she died are going to testify they had a great marriage, and he had no motive to kill her,
and the prosecution says the optimistic beliefs disputed by science. >> they have no doubts about the nature of the death being strangulation, and they are at that point in their mine stating death is a him side, they will now want to rule everything else out. phil: the statement was that he was sleeping all along, woke up and found his wife in the bathroom but the police who say they responded to the seen initially testified that some evidence they discovered, they thought the hood of his car was warm, and that the bed only appeared to have been slept in by the wife. >>shepard: thank you, phil. a key witness in the stand of the trial of the former baseball player roger clemens, the witness claims he is the one who
injected clemens with strids before roger clemens lied about it to congress which could determine whether he goes to prison for decades. plus, dozens of people found buried in mexico. rather, murdered. their bodies dumped near the ♪ eggland's best eggs. -the best in nutrition... -just got better. even better nutrition -- high in vitamins d, e and b12. a good source of vitamin b2. plus omega threes. and 25% less saturated fat than ordinary eggs. but there's one important ingredient that hasn't changed. -better taste. -better taste. -better taste. -mmmm... [ female announcer ] eggland's best. better taste and now even better nutrition make the better egg.
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>>shepard: i am shephard smith and this is "studio b" at the bottom of the hour, time for the top of the news. a huge day in the perjury trial of the former major league all star roger clemens, today the chief accuser who says he himself injected the pitcher with performance enhancing drugs serving as his strength coach. we are told the rocket became a new york yankee in 1999 he personally asked the bombers to hire today's witness as a trainer. of course, the prosecution says roger clemens lied to congress when he denied he used performance enhancing drugs in 2008. >> let me be clear. i have never taken steroids or hgh. >>shepard: the lawyers have already called the former trainer's evidence "a mixed up, hodgepodge of garbage." if the jury does convict roger clemens he could face up to 3
years behind bars. and trace is in the west coast open the top story at the bottom of the hour. this comes down to the trainer's credibility in court. >>trace: and the prosecution has spend the day trying to boost his credibility talking of his story as a cop and he loves baseball and he has nosq motivation to lie and has the dirty needles with his d.n.a. to back up the story but the defense will say that evidence is contaminated junk and that the cope has a history of legal problems, of substance abuse problems and of honesty problems. listen. >> clemens' defense is clearly going to attack him and say this guy is out for himself, possibly out for money or a number different agendas that have nothing to did with the truth. >>trace: we are starting to get in to the steroid testimony with the witness on the stand saying, yes, indeed it was he who injected roger clemens in a
hotel room in 1998 the first time 89 >>shepard: another yankees pitcher, andy pettitte made statements and questions whether he would testify and a judge made a key decision, right? >>trace: and he was a former teammate of clemens and he said back in 1999 in 2000 he heard that roger clemens say he used human growth hormones and then he acknowledged the accuracy of the recollection is only 50/50 and in a court of law testimony is supposed to be better than 50/50 but a judge still allowed it. >> it is difficult to imagine that andy pettitte's testimony would be decisive because it was indecisive testimony so it does to a large degree come down to the witness and for the prosecution that is probably a big problem. >>trace: he is now on the
stand talking the first time that clemens actually showed him steroids, not the other way around, in a toronto hotel room back if the late 1990's. >>shepard: thank you, trace, from los angeles. and now the legal panel, again with us. andy pettitte's testimony, you take it or leave it, but this character, how much attention do you pay? josh: you push aside andy pet it thing, and the defense will take it witness by witness and now the biggest witness and they will dig up every piece of trash they can and make him not credible and that is what is going on saying he has alcohol problems and drug problems and anything the judge lets in is there. >>randy: andy pettitte's testimony was critical. the jury, they have been waiting
for andy pettitte to get on the stand and say, i heard roger clemens say he took steroids and they have heard about them. they knew about the problems of the witness but andy pettitte is up here and for him to say i may have misunderstood and now only one guy in the world who can convict roger clemens, a former cop, who lied. he said years ago i never game roger clemens steroids. is it memory better now than back then? the guy is a mess. and, why would he hold all of this stuff? blackmail. josh: he is a friend. he is a trade, andy pettitte, you need other evidence, the prosecution will try to rely on other witnesses. >>randy: why with -- hold on
to that stuff for all the years? for blackmail. and he is a former cop, and, remember, roger clemens is not saying he never injected him, but he is saying he was injected with b-12, and saying he could have held on to the springs stucky whatever he wanted on them and no proof he preserved this properly. this is a guy who should know better. josh: the prosecution will have an uphill battle. they will play down as much as they can. >>shepard: dozens of headless and mutilated bodies have turned up on a mexico highway near the united states border and officials say a banner at the gruesome scene has a message from the drug cartel claiming responsibility, the latest not escalation of the brutal drug war and the killers cuts east victim's hands and feet and
heads. they will conduct d.n.a. testing to try to figure out who the dead are. up to 49 along the united states border. >> a four-year-old girl had four overdue library books. the fine added to $80. what would the library officials do? obviously they called the police. that's next. and prostitute at the center of the secret service hooker scandal.
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obama is talking about central to the campaign: creation of jobs. in a new ad, the obama campaign is portraying governor romney as a greedy titan who destroyed jobs a missouri steel mill. >> like a vampire. sucking the life out of us. >> like watching an old friend bleed to death. >>shepard: bain capital sent a statement saying it tried to save that steel company from closing and "we are not a political organization and take no public position on any candidate." the governor romney spokes woman said mitt romney created more jobs in his private sector experience and more jobs as governor of massachusetts than president obama has for the
entire nation. wendell, hello? >>reporter: the president's deputy campaign manager says it is not about how governor romney ran bain capital but the lessons and values creating wealth for investors not jobs. the obama campaign will air the ad in ohio, west virginia, pennsylvania, and missouri, and the ad is two minutes longrg6ç t will be quite expensive. another bit of the ad. >> bain capital sought elimination of the pension plan and termination of employee and retiree health insurance and life insurance. i was devastated. those guys were all rich. they all have more money than they will spend but they did not have the money to take care of the people that made the money for them. >> the president delivered commencement address this morning and this evening is at a
fundraiser hosted by entertainer ricky martin. >>shepard: and republicans in the campaign, how do they respond to the ad? >>reporter: campaign officials dismiss the ad and say the republican challenger gave up day-to-day running of this two years before u.s. steel went interrupt and a spokesman said "we welcome the obama campaign attempt to pivot back to jobs and a discussion of their failed record." and the republican national committee released their own video attacking the president on the deficit using his own words. >> i pledge to cut the deficit in half by end of my first term of office. >> the american people are tired of politicians who talk the talk but don't walk the walk when it comes to fiscal responsibility. >>reporter: it charged him with four years of lip service on spending.
>>shepard: the secret service hooker scandal, a top u.s. lawmaker has turned down a meeting with the colombian prostitute at the center of the controversy. we have a picture of her. the scandal came to light after a secret service agent brought her to his hotel room in colombia and refused to pay her for her services. a few days before the president was set to arrive. the chairman of the house homeland security committee, the new york republican congressman pert king says she requested a personal meeting in his office. but the congressman said it is not necessary as part of the investigation adding and i quote, "there's been enough cheap publicity and i am not going do give her another forum." a mother in western pennsylvania claims police threatened to charge her four-year-old daughter over a few overdue library books. back in october they took out these three books, and a copy of
"sleeping beauty." the library tried repeatedly to retrieve the books and they turned it over to the cops and the fees reached $81.60 and now the mother says it has been sorted out, so was it really necessary to call the police? the legal team is back. josh and randy, they are owed money. they called the cops. josh: please, shep, dora the explorer ... a point where you say, does she need to call the investigators to retrieve the books? no for a four-year-old. there are other ways to handle it. this is bad judgment and hopefully it will be resolved. >>randy: i have nothing. i have nothing. what do you say in the face of something like this? who is going to be her lawyer?
i mean, obviously this is the most insane thing i have ever heard. we cannot find the library books so we call the police? if someone owes me money i don't call the police, but maybe hold a bake sale and get the word out. but to call the police? that is how we are going to use law enforcement resources? josh: we are not arguing. we are saying, you know what, we are agreeing. >>shepard: we will let you know what happens with that. despite harsh penaltieses from nations around the world, iran has no plans to curb its secret nuclear programs.
>>shepard: and new evidence that the tough penalties on iran from around the world are christian -- crippling their economy and they are desperate to sell their oil. sources report that iran is engaged in the game of hide-'n-seek, switching off the g.m. trackers making it harder for other nations to identify the ships. europe agreed to a total boycott of iranian oil this year with iran refusing to put a stop to their nuclear program. the united states has issued similar penalties. keep in mind oil has long been the backbone of iran's economy and the united states terror official says that the value of iran's currency has dropped like a rock. but some experts say that we are seeing new developments inside theec
facilities. this is a computer-generated drewing given to the associated press and they report that it was provided by a top official tracking iran who asked to remain anonymous, and it shows an explosives' containment chamber inside a nuclear site. analysts say it is the kind of chamber you would need in order to test a nuclear weapon. which the iranians are saying they are not doing. and now judith miller, adjunct fellow at the think tank manhattan institute. so we get this image, this thing, tell us, give us some context. we have known of this for a long time. >>guest: since them when the iaea issued another critical report on iran's alleged nuclear activists. the iaea believes and they have
said publicly, there are too many activists inconsistent with a peaceful program and they need --. >>shepard: like of like saddam? >>guest: yes but because of saddam hussein and the intelligence community got the estimate of saddam's capability so wrong everyone is super cautious about what the iranians do or do not have. there is tremendous infighting among the analysts whether this explosive chamber exists and whether it exists at the facility the iaea has wanted to visit. >> sow now it is a matter of finding out if it is real? or if they used it? or what? >>guest: step back for a minute and say it is not a question of the chamber but what is going on is leaking of information just before the p5 plus one, the leg of the security council, sit down with
iran in another session in baghdad this time next week, and, in fact, today, the iaea inspecters are meeting with iranian officials to discuss the allegeed explosive chamber and other issues that are expected to come up next week. iran has to do something to get the sanctions lifted. the chief iranian negotiator mentioned it and the delay in the new oil sanctions, it was mentioned 100 times in the discussion with the e.u. so it is very important and important to iran to make progress because they are afraid that israel will take matters if their own hands and this will be a military strike if there is not "progress," at the meetings. this dovetails with president obama who doesn't want anything to happen before november. or anything untoward. for military action.
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>>shepard: folks on one airline have the freedom to chat on their own cell phones at 33,000 feet. virgin atlantic is offering the service for passengers flying between london and new york. company officials say the new technology on the planes prevents cell phone signals from interfering with pilot equipment. there are rules. only ten people can make phone calls at a time on each plane. you have to shut off during take off and landing and the rice is $1.60 a minute. the phone companies charge similar rate for international roaming calls. and back later for the fox