tv Studio B With Shepard Smith FOX News October 25, 2010 3:00pm-4:00pm EDT
>>megyn: tomorrow it will look different at a high school in texas because it is "no makeup day." a group of students decided to have a makeup moratorium on tuesday. there were originally 12, and now 200 teenage girls are committed. maybe we will do that at fox news on tuesdays, too. >>shepard: it is not happening in this building and you know it. good to see you. happy monday. the news begins anew. on "studio b" and in box one, my goodness, the foreclosure fiasco takes another turn. why bank of america claims the mistakes in the paperwork would not have made a difference in the long run.
box two, randy quaid, telling canadian immigration board he is trying to escape "the murders of hollywood," seeking asylum in canada, refugee status. and box three, remember this girl, she could not stop hiccupping, for months and months and months and we covered it here. it was crazy. well, there is something new going on with her. now it's murder. murder charges. that's ahead unless breaking news changes everything on "studio b" today but first from fox at 3:00, "america's election headquarters." we are counting down to the midterm elections. ght days remaining now everyone can have a day off. until then forget it. a dead heat in a race that could determine who gets criminal of
the united states senate. west virginia's popular democratic governor lost what was a very big lead over the g.o.p. rival, the businessman. now, the democrat is going out of his way to distance himself from president obama and in a big way refusing to endorse the president for re-election in 2012 and criticizing the health care overhaul. we have team fox coverage and how the health bill can affect the election, and watching the tight race in california. but, first, over to west virginia, you have been at every close senate race in the country. how does this stand up there in west virginia? >>reporter: it is raining on the parade of the governor. he was supposed to be a lock when the late senator robert c. byrd passed away and the senate seat opened up, folks immediately counted it as an
easy one that the popular governor would be able to defend and protect. but in the last couple of months the race has changed. he is a conservative social and fiscal democrat, and he has gone out of his way to say that no, he is not an obama lock step liberal and will buck the trend in washington. but hear what is happening here and it is whisker close. both say it is when .1 percent and the hard charging republican businessman lost elections in west virginia in the past now fines himself riding what may be the most important wave of the country. this was not supposed to be a republican pickup and it looks like it is possible and the ground game is so tight that both pam -- campaigns from washington, dc and west virginia are looking for the rosters and lawyers for the recount. >>shepard: they have a lot of coal and the energy debate is playing a big role. >>reporter: it sure is.
60 percent of the coal generating the nation's electricity comes from west virginia, pennsylvania, and ohio. it is a big deal. so the cap and trade climate trade legislation is unpopular and the governor says he is against it, and both u.s. senators, currenting rockefeller and byrd expressed opposition but not just that. in the case of the governor, he is dramatically showing that he is a conservative on other social issues while expressing his opposition to cap and trade and the republican is refuting that. look at the ad war. >> i will cut federal spending. and repeal the bad parts of obamacare. i sued epa. i will take dead aim at the cap and trade bill. because it's bad for west virginia. >> we generate electricity through coal. but the governor passed a law eliminating 25 percent of coal use in our power plants, the cap
and trade bill of obama west virginia style. >>reporter: that is just energy legislation. on health care over the course of the weekend, manchin said if he knew then what he knows now he would not have expressed support for it maybe months ago, down the line the governor has been at odds with the obama administration and yet, because of the "d" at the end of his name and president obama is unfavorable ratings at 70 percent, the governor is in a neck and necktie and possibly losing what was thought to be untakable seat. >>shepard: there is so much happening on the west coast if we get this sort of thing on the east coast who knows if it is a sign of things to come. >> one of the more hotly debated topics has been health care. top democrats argue that once americans see the effect they
will support it. but the minority leader, the republican, john boehner signed a pledge to repeal the reform if republicans gain control of the congress. and a new poll suggests the majority of bills are open to that idea. 52 percent of americans stays have a somewhat or very unfavorable view of reform. and 44 percent have a "favorable" view and 3 percent do not know what they are talking about. and now the news from capitol hill this afternoon in washington, dc. what else did we learn from the poll? >>reporter: we find that 62 percent of independents, the key voting block, have an unfavorable view of the health care law. karl rove says, if i advise g.o.p. candidates i tell them to talk about this night and day and he adds this. >> it is the only major piece of social legislation in modern american history i can find welfare reform, medicare,
education reform, is less popular since being passed and there is a reason a lot of democrats who are, who opposed it herald their opposition to it in their ads. >>reporter: that is something we have seen a number of them coming on the air saying i did not vote for hit. >>shepard: the democrats will say what has happened, it is not that this is a bad program but we have lost the narrative and if americans would love this thing if they give it a chance already. but that is what they are saying. >>reporter: democrats from the white house on down to t more than americans know about this law the more they appreciate the benefits but many do not see benefits yet and democratic strategist says that is a problem on the campaign trail. >> in terms of health care itself it is a negative for the democrats and probably be for a couple of careers until some of the more pa aspects kick in and people can say that health care bill helped me in this way. >> hold on, he says.
>>shepard: if republicans take the house, and more of the senate, how much pressure will they be to get rid of some of this health care law because it is not going to be easy? >>reporter: it won't be. it will be a battle. you mention this is something they included in the pledge to america, they rolled that out last month and it says if they would immediately get to work to repeal the health care law. experts say voters who decide with the g.o.p. will be do that not pause they love republicans but because they oppose the obama administration's policy. for some, it is health care, they will expect concrete expax if the g.o.p. cannot deliver, they could face a backlash in 2012. >>shepard: thank you. and california, both sides are working to make sure the supporters get to the polls. and now to the west coast. the groups are using tens of thousands of volunteers to get out the vote. >>reporter: they are. both parties say volunteers are the key here in terms of getting people to the polls and they are
out there doing all kinds of old fashioned campaigning and high-tech voter outreach, so both parties including volunteers and candidates are canvassing neighborhoods and walking precincts and talking to voters person to person, and democrats, in particular, are taking advantage of new media, facebook, twitter, youtube, to reach the younger voters. but in the end of the day, there is nothing like pressing the flesh. it is still a grass roots mechanical business in the sense you find the people if they vote, they will vote for you at gunpoint, if necessary, to the polling play so they vote. >>reporter: this year, voters in california are particularly disappointed with the state of affairs in the golden state, and they might just stay home. >>shepard: what about early voting numbers, do we know anything solid yet?
>>reporter: early voting, more than a million votes have been cast. now, of course, democrats have the knowledge here, 42 percent of the votes are coming from democrats and 39 percent from republicans was democrats have a huge 13-point advantage in terms of registered voters and one more interesting fact, national polls are showing that men are just a little bit angry this year than women. women of disappointed and more likely to stay home. but men are likely to go out there and vote. and most polls show they are leaning toward the g.o.p. so, the g.o.p. is hoping for lower voter town out in california, and that could be good for them. >>shepard: the foreclosure mess. just got worse. bank of america officials are owning up to several mistakes before they get through 1 percent of the foreclosures. judge napolitano helps us untangle this issue. untangle this issue. stay tuned.
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having incorrect data, misspelling names and missing signatures. the bank maintains nobody lost his or her home in error but lawyers are gearing up citing a slew of evidence many lenders used so-called robo signers people with little or no experience who approved thousands of foreclosures without any idea of what they are look at and not reading the paperwork. would you say bank of america is making admissions? >>reporter: they are making admissions. immaterial mistakes that to not affect the ultimate outcome were discovered. i will get to those. and also, the federal reserve as you said, announced they are toe
federal reserve investigating this is the federal government attempting to enforce state laws which it is not the business of the federal government to do. foreclosure law is unique to each state. the problem arises in states where no judges are involved. and the bank can obtain title to the documents merely by serving the homeowner and serving a clerk. if the homeowner remains silent the bank gets the title to the property. that's the law in 23 states. in 27 states this has to be done through a judge who has to physically read the documents and decide whether to transfer property. but as long as the home owners is in default, as long as the home owner stopped paying, as long as the bank is really entitled to the property, it doesn't matter if there are some immaterial mistakes on the documents. that happens in virtually every piece of litigation everywhere in the country. >>shepard: there is another question: if i am foreclosed upon i would want to know what the heck are you doing using burger king kids, nothing wrong
with burger king but why are these kids signing off on documents, they don't know what they are doing? it speaks to a ... a lack of attention to detail about people's lives in their hands. >> people's lives are in their home but if the robo people submit for example, a copy of a mortgage that does not have my signature, but i signed the only and i am in default and this is the property and i have not paid the mortgage for eight or ten months the court will not find fault. could it be done in a better way? yes. is this something for the federal reserve to investigate? of course not. why would the federal reserve announce an investigation eight days before the midterm elections? to make it look like the big federal government is coming to our rescue yet again. >>shepard: for victims who are in a mess does any of this mean anything? i would also be wondering, is
any up to the at bank of america, not those who came in for $12 an hour, anyone going to be held accountable, ever? >> probably not. because, ultimately the bank is entitled to real estate. if people are having their homes foreclosed on them, if they challenged the foreclosure, if they interpose a defense, this will force it to go to a judge rather than just a clerk in a courthouse somewhere and human being in a black robe will be forced to read all the documents and make sure they are all filled out as they should be no matter who submitted them. you may still lose the house but you will be assured it is done in accordance with law. >>shepard: see what happens, judge. good to see you. thank you. a former child soldier at guantanamo bay admitted he killed an american soldier. the former child soldier is now a 24-year-old map, a detainee and he pleaded guilty to all five terrorism charges against him as part of a plea agreement
with the united states military. he was only 15 when he threw a grenade that killed a u.s. army sergeant in afghanistan. the defense claimed he was a victim, as well, a victim because his father forced him to join al qaeda. in exchange for pleading guilty he will avoid a life sentence. we're told a military jury will decide his sentence later this week. another mass killing in the drug car in mox -- mexico. a dozen found dead. stay tuned.
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>> a string of tornadoes ripping through north texas and the local official was caught in the middle of it but he kept the camera moving. look at this. we are in a tornado. in a tornado. we are in the tornado. we are in the tornado! we are in the tornado! we can tell, boss. we are in the tornado. we are told the twister destroyed homes and damaged schools and derail train cars and overturned a semi and ripping everything to shreds. four were reported hurt when the truck hit a passing car. and here is the aftermath: a town 45 miles south of dallas, but out all of this destruction, tonight mess with texas, no reports of any other injury. the people in haiti's crowded capital are preparing for a new threat now. it is upon them. a disease that is already
killing hundreds and spreading through the earthquake-damaged areas. the workers are ready for a serious cholera epidemic but the numbers of new infection is dropping and appears to be stabilizing. that is terrific. it is cause by a bacteria that leads to severe dehydration and that can kill you when just a few hours. but with proper treatment the disease is not difficult to cure at all. this is haiti. hundreds of thousands of people are living in tents and sanitation systems, forget about it. a new message for the president, now, from the woman who claimed that mexican pirates shot and killed her husband on a border lake. she is calling for president obama to take a stand against deadly drug cartels saying "he should wake up and look what is going on in our backyard." david, her husband, is not the only american who has been killed but this situation may be a turning point. trace is in the west coast
newsroom. what is her goal here? >>trace: a couple of things. she wants to keep the story alive so the authorities will continue searching for her husband. and, two, she sees herself as an example of how bad the violence is along the mexican border. she knows that she is using the media to get her voice out but in the name of her husband, she thinks she is ready for the challenge. listen. >> ultimately i'm talking to people in congress, i don't want david's death to go in vain, but i also want people in america to realize that this is a big issue. >> by the way, she says that the mexican authorities are giving her daily updates about how the search is going on for david hartley. >>shepard: across the border there was a shooting at a rehab center? >>trace: 13 people were shot and killed execution style and the authorities believe this is classic cartel. this might be, in fact, retaliation, we told you last week about the pot bust, the
mexican army going into a drug hide out, 134 tons, the biggest ever and they burned it all. after that massacre happened yesterday, at the rehab center, someone tapped in to the police lines and said there will be 15 bodies there, one more body than there everyone tons of marijuana. >>shepard: there was a shooting at a child's birthday party this weekend. >>trace: yes, a nine-year-old boy, shep, he lived in el paso and having the party in mexico and gunmen went in, they opened fire, and killed 14 people from age 11 to 30, and they kept yelling "rat" looking for someone called rat, someone who turned against the drug cartel but it's the second shooting at a child's birthday party in the past four months. >>shepard: man alive, thank you, trace. the strikes in france over plans to raise the retirement age,
among other things, are costing the country a new estimate, $550 million each day. that is what the prime minister says and it is so bad that mount mountains of garbage are piled up, and 9,000 tons of trash is rotting in the sidewalks. think of the health care concern. and they are worried it is becoming a huge health hazard. elsewhere, workers gathered at a closed refinery to announce the plan to keep the strike going. 12 of the refineries have been closed two weeks and that has created a nation-wide gasoline crisis. the white house bringing out big guns for election day and, today, the first lady and the vice president's wife are getting to the trail to drum up support for democrats in two very important congressional races. stay tuned.
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of the vice president biden are on the west coast campaigning for two important democratic races in states that, well, you would think would be a lock. the first is washington state, where senator murray is facing a very tough fight for her seat were the latest poll shows her neck and neck with the republican. and this is in a state that president obama would with great ease back in 2008. after the visit to washington, the first lady and dr. jill biden will head to san francisco and the two will turn for another imatled democrat in another blue state, in this case, the house speaker, nancy pelosi and now, our political correspondent for www.realclearpolitics.com our pot for polls each day. the first thing that jumped out at me was the poll that the rolling average of the president's approval rating, down 5 to 7 points.
>>guest: and that is why mrs. obama is a big gun, she is effective advocating for the base but she cannot get too political because, of course, if she gets political the favorability goes down. >>shepard: if you look at polls over the decade, the first lady really never does a lot in the campaigning itself, it is the attention that comes with the first lady. >>guest: she brings people to rallies, she brings media attention. >>shepard: she gets the cameras there. >>guest: that said, first ladies don't impact votes. there is little evidence they do. in presidential campaigns they marry because they soften the presidential candidate in the midterm campaign it is about rallying the debate and it is a statement of how much trouble democrats are in they are using in her in such a blue state as california. >>shepard: one of their theories is some disaffected from the left may stay at home pause they feel disillusion oned
and lied to in some way but michelle obama is so popular with women, and it is women the president relied on in the last election; could she women and particularly african-american women. >>guest: she can remind them about the campaign on tuesday. but she cannot get them out. and there is little evidence any first lady can get votes out. but, again, as we have said, she can get them watching and remind them there is a campaign on tuesday because turn out during the midterm is very low. a high turn out is four in ten voters. as many big guns, as many headliners as you can get on television and rallies to remind the base there is an election coming up, the better. >> first lady bush told a story about her husband they were getting married and she would be happy to do anything, a loving wife, we are all in this together, except for political speeches, and in the end she made a political speech, well, a speech when the political realm,
but she was, as i think someone called her, reluctant warrior and you use the same phrase with michelle obama. this is not her thing. >>guest: this is not her thing. she has a much more natural connection with what i call the every woman, and president obama does with every man. that comes at ease with her and she does not want to be political or get into the political trench warfare we see you across the country. her carts are not partisan, fighting obesity, bringing attention to the service of our military families, so for her to do this it is because the democrats need her out there and it reminds us how much the landscape favors the g.o.p. on tuesday. >>shepard: and the g.o.p. and those not in power, a lot of times, there is a surge toward "we want people, we want the government to help more people," our a surge in another direction but in this case if you are in there you are probably a
democrat, and if you are in there, damn it, we hate you. >>guest: the status quo is unpopular, the president's party always loses seats in the midterm and this party will lose a lot more than normal, and it is looking very bad and having michelle obama brings more attention to the democratic base and they hope can at least remind them there is an election day coming up a week from today. >>shepard: is the senate really in play? >>guest: the problem is history. generally when the house is woman by a party the senate also is won. but when we look at the odds, you would make a bet the house goes republican on tuesday, and it would be a long shot for the senate to go republican. >>shepard: it would take a tsunami style wave that no one anticipates? >>guest: we expect a tsunami but a race of that magnitude ...
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girl," following a case of hiccups that lasted more than three months. more fall out from npr's firing of juan williams. the firing that came after williams made comments about must lips on fox news' o'reilly and appears in this newscast in his own segment "wednesday's with juan," and now live from washington, dc, on monday. >>reporter: yesterday evening, npr president and c.e.o. schiller sent her managers an e-mail apologizing how she handled the firing and today the managers are speaking out and openly voicing criticism of schiller, including the most outspoken was general manager of kansas public radio station and told fox news "i thought it was a knee-jerk reaction and i was extremely disappointed at her
remarks in atlanta, i thought that was childish someone in charge of such a large organization should no better," a reference to the suggestion in atlanta an thursday that williams should take up fears of muslims on flights with his psychiatrist or publicist and apologized for that. "i feel like the street sweeper at the elephant parade, i am getting 20 to 40 call as lot of people asking for budget information and that is all i have done for three days bring the time i got in money morning, i thought it was a little late, and after she thought williams should be fired and she said no, i don't think so. and asked if she. >> -- if she saw a double standard comparing williams with to theburg and she said absolutely. another said it was an overreaction and i listened to the comment in context, and it did not strike me as being as difficult as it originally
appeared and i don't think it was the most adept handling. and another, general manager in north carolina, which is home to its own program called ""studio b"," and he told fox news, what she did was appropriate and apologized and recognized she handled it not in the west interest of npr stations a whole and prompted by the great deal of heat generated on the npr station manager's server and i did not get access to that but i was told by people it is still quite the topic on this e-mail chat room, if you will, by which the npr station affiliate managers communicate with each other. >>shepard: you buried your lead and underemphasized, but they have a program whose name they stole, is that what you are saying, or did they come first? >> we should apply the same zealousness to this, that, you know, the starbucks legal department does to every korean
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need protection from and i quote, "the murderers of hollywood." they are wanted in san francisco, failed to appear california court on felony vandalism charges and were arrested in vancouver over the weekend and are asking for refugee status now in canada claiming several of their friends have been murdered under mysterious circumstances and they fear they are next. take this to the legal panel, the defense attorney and prosecutor from brooklyn. they used to own a lot of louses and they are caught squatting, in the guest house of a home they used to own and the owner goes back there and what is going on and they have done thousands of damage, what are you going to do with these people? it sounds like they -- you tell me. >>guest: you have to say, maybe it is not that crazy or insane, because come on, they have gone through squatting,
vandalizing, now running off to canada, they are looking for asylum on the insane paranoid theory of keith ledger was murdered and now they are next. we should save a lot of people time by saying, why are we wasting time and they move to the legal issues. >>shepard: well, the insanity part of this, i don't know if that is what they are trying to do or if they have going loopy on us. >>guest: this is my bar card, i am not going to risk losing it by going to a judge saying my clients are pursued by the star whackers, the southern california cult who is out there to kill them and that is what the lawyer is going to do. this is such a minor charge, even felony vandalism ordinarily gets you three years probation and maybe 60 days in jail, and ordinarily this charge would never be extradictable but for celebrity justice because they took off on a judge, skipped
bail, but my request to the judge is going to be, put this on an examination for the two, because there is no such thing as the star whacker cult and these stars have died through drug intoxication indication were not killed and so they have serious problems here that need to be dealt with on a professional level. >>shepard: there is a list of four arrests piled up, and seven or eight andic it is eight no-shows in court, and two complaints filed, and the bills are mounting. is it possible, in your estimation, that they are just trying to get out of all of this? could it be that simple? >>guest: we all have to ask when there is a celebrity, do you think you are above the law? is that what is going on? if it is not insanity are you above the law and you do not need to show up? lindsay lohan, she things she is above the law. so there could be that going on and one thing spirals into the
next and you do not know who is also leading this. i believe it is the wife and the husband is following. so, there are issues of them thinking they don't have to be certain places. >>guest: and the judge is saying you are not going to get away because you are celebrities, he set their bail at the request of the prosecutor at half a million for a vandalism chase. are you kidding me? i would go, the first thing, request that judge in canada to have it lowers down to the bail schedule amount which is usually about $5,000. so they are getting this double standard as celebrity justice here and it is unfair to them with their crazy claims, half a million bail is way out of line. >>shepard: the wife says david carradine and keith ledger did not die as we believe and they were murdered and of course according to the wife, her husband, randy quaid, is next on the list, and there is a whole lot of loopy going on the lawyers will have to work out
the rest. there is a lot of loopy going on. lawyers, lawyers, lawyers. have to have them. can't kill them. >> tough loss for brett favre last night but the nfl star may have bigger things to worry about. what the married father of two is now admitting about that sexting scandal. he is making admissions. and denials. and denials. stay tuned.to let go of some of the annoying symptoms menopause brings. introducing one a day menopause formula. the only complete multivitamin with soy isoflavones to help address hot flashes and mild mood changes. new one a day menopause formula. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.
pictures, just text. and now the nfl is now investigating the case, and could fine or suspect the quaterback if they find he acted inappropriately and that would be the least 6 his worries. he is married with two children and this scandal could take a toll on his reputation and the estimated $7 million to $-9d million he makes in endorsement. his wife says "i am handling this through faith." for more, i am joined by the p.r. relations consultant, a public relations consultant. we have only known each other since kids. i have always thought that brett favre was braille yant in the way he before bill yant in the way he worked us. he was genius with us. and everyone is angry, and everyone was angry but it worked. and this is ...
>>guest: people say he is sacked for life. i don't think so. you think of the heros that are going. tiger woods. brett fab, elliot spitser. >>shepard: he is not hero. >>guest: here is what will happen. >>shepard: he can do what he wants. >>guest: the sponsors will head for the hills. sears. wrangler. hyundai. they don't need brett favre. they have other superstars including payton manning, jeeter. me. they can take anyone. what brett favre, here is what i suggest: confess. the woman is going to testify. and nfl the sanction him. he should say it was child look, a dumb thing to do, i am not a rhodess scholar, a football
player. he is sacked for life, people say. leave football. i say, no, no, absolutely not. because if he leaves now, this will stay with him forever. what i would say to him, he almost won last night, he almost won in the final minutes. i would say if you are healthy, keep going, apologize, and he is not ready for my sunday morning old men's softball league yet but he would be not as good as me. >>shepard: how many times a guy like that, and i like brett favre despite he went to southern, which is a problem, but how often they look over at elway and say, man, you did this right. >>guest: you know what? you said it, people forgive and forget. if he-mans up, excuse the expression, to say i made a stupid mistake, i apologize, keep going.
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