tv The FOX Report With Shepard Smith FOX News December 5, 2011 7:00pm-8:00pm EST
captions by closed captioning services >> shepard: this is "the fox report." a super secret spy plane now said to be in the hands of iran. plus, newt gingrich gets into a, well, verbal tussle with another former speaker and goes after a trump endorsement. newt gingrich meeting with donald trump. >> it was a great honor to have newt up here. >> tonight, the sit down at trump tower and evidence that meeting the donald could actually hurt a candidate's chances. post office cut back. >> we have to make this change. in order for the postal service to become financially viable. >> shepard: that means it will soon take longer to receive everything from grandma's birthday card to your favorite magazine. plus, the super car smashup. ferraris, mercedes, and a lamborghini in a chain reaction wreck.
we will see how it happened and how much it could cost. but, first from fox this monday night, we are getting close. the iowa caucuses are four weeks from tomorrow. and newt gingrich is leading the republic packet in the latest polls. the republic speerk in first place in a new des moines newspaper survey. ron paul jumping into second place ahead of former massachusetts governor mitt romney. michele bachmann and herman cain tied at 8%. this was taken before herman cain suspended his campaign this weekend. now gingrich is trying to keep his momentum going. today he met with donald trump who is hosting a debates of sorts in iowa one week before the caucuses. >> of course i want his endorsement. he has got to do this debate. >> shepard: back in september, a fox news poll showed the donald trump endorsement might not be such a big help. 1/3 of voters said it would make them less likely to vote
for a specific candidate. carl cameron life in our d.c. newsroom. first time we are seeing advertisement on tv in newt gingrich. >> it's amazing, shep, 29 days from the first votes in iowa, first caucus. this is the first time of this entire campaign that the top three candidates are actually all running tv ads simultaneously. decades since it's taken the air war this long to actually begin. gingrich started his first ad today entirely positive all about his agenda. mitt romney actually outspent and attacked everyone on the air in iowa last time. he just launched his first iowa ad too. no mention of any rivals. ron paul been on the ear of any other candidate in this election. he launched the first campaign ad in iowa with actual criticism of himself on other rivals. >> what's up with these sorry politicians. tough bark. show time whimpering like shih tzus. want to drain the swamp ron paul, do it.
>> by this time four years ago they had already spent four years -- millions on attack ads. different this time. >> gingrich is the only speaker in the history of the country to be reprimanded for house ethics violation. pelosi was part of the investigation back in the 1990s and told the talking points memo blog quote, we'll have a conversation about newt gingrich. i know a lot about him. i served on the investigative committee that investigated him. four of us locked in a room in an undisdisclosed location for a year. 1,000 pages of his stuff. now pelosi aids insist she was referring only to the public report but gingrich accused pelosi by violations herself by exposing. he down place the episode by saying 83 charges all repudiated as false. the only one stuck his mistake
reading a letter from a lawyer, shep. >> shepard: thanks, carl. will newt gingrich get herman cain's endorsement now that the georgia businessman is out of the race or at least for now he is out. herman cain already back on the road. in fact, he is speaking at an event tonight. a live update coming up inside fox report. first though, top secret u.s. technology is now in the hands of the iranians. military officials confirming tonight to fox news the islamic republic has indeed gotten ahold of a sentinel drone similar to this one that went missing last week. one official calls it a big prize for iran. iran's state run media reports their sources shot it down. a senior u.s. official says that's not what happened. according to the source. the drone probably landed on its own with little damage. that means iran now has some of our military's most sophisticated equipment. jen griffin is live with us at the pentagon. the thinking is this thing would have run out of gas and glided down in iran.
>> how do we know what's what happened this and this thing is in intact largely. >> what i'm being told by a senior military source who has knowledge of this incident is that it essentially broke its tether. it lost contact with its handlers. the way they are built they are very stable, very predictable. no evidence that the iranians shot down this aircraft but the way the sentinel is built led officials conclude it did eventually glide downwards. this kind of aircraft does not fall in a spiral and crash the way an f 16 or fighter jet. would as this source put it, it wants to live. as a result the iranians are likely telling the truth when they say that the drone was undamaged when it landed. >> shepard: all right, for context, jennifer, how big a peeves technology would this be for the iranians to have? how big a loss. this is a huge loss according
to this military source i spoke to this evening. it puts into -- to put it in context, it puts the loss of the stealth helicopter tail that was lost in the bin laden raid, it makes it look like a pen tans according to this source. that tail was shared with the chinese shortly after the bin laden raid. according to this source, this is a 6-million-dollar aircraft that was built by lockheed martin. there are very few pictures of it. it is assumed that the iranian also likely share this technology with the russians and chinese and could reverse engineer it, shep. >> shepard: i bet there will be pictures now. jen griffin at the pentagon. email moves at the speed of light. regular mail a lot slower. now there is word that your letters could be in for a much longer delay. u.s. postal service officials now say they need to make up big cut backs to prevent the agency from going bankrupt. >> we have to do is take a look at what we can take out of this organization from a cost standpoint because we have lost volume. and we have lost revenue.
and you just can't sit back and wait. you have got to act on these things. we have got to go $20 billion. we are going to do that to keep ourself financially healthy. we don't take any tax money. we don't want any tax money. we want to do this just the way any other business would. >> shepard: the expected changes include the closure of more than half the 461 mail processing centers across the country that would slow down first class delivery significantly. eliminate the chance of next day delivery for any letters. and along with other planned cut backs, it would result in layoffs for tens of thousands of post office employees. the post master general says the changes are absolutely necessary because, in his words, we have a business model that is failing. doug mckelway with the news. is he live in arlington, virginia at a facility there doug, tonight is it just the technology, the changing technology that's put the post office in such a world of hurt this time? >> well, it certain solid partially the technology, shep. it is also generous retirement
benefits. some would say overly generous retirement benefits. consider this one item back in the year 2000, only 10% of americans used email to pay their bills online. nowadays 60% of americans use -- are paying their bills online. that is basically a loss customer base for the postal service. only partially explains why the postal service is $14 billion in the hole this year alone. here is senator susan collins of maine. >> it's important to realize that 80% of the postal service's cost involve its workforce. so if the postal service is to survive, and it must survive, you have to tackle those workforce cuts. >> one solution that collins is proposing 8 to million dollars payment into the retirement service should be returned and that money used to buy out postal service
workers. she said it would result in savings of about 20% of the workforce. shep? >> shepard: are these proposed cuts the end of it, doug, or are there more to come? >> there are a lot more to come. this is basically just a cutting into the surface of it a little bit. we are talking about the elimination of saturday mail delivery and we're also talking about the elimination of 3700 post offices around the country. they believe that would result in a down sizing of the workforce of about 100,000 people, shep. >> shepard: wow, doug mckelway live huntington virginia this evening. thank you. he is in charge of keeping planes safe in the sky. but tonight the f.a.a. chief is off the job because of what the cops say he did while behind the wheel on the ground. that's next. and mindy mccready in court today. the country singer, well, she is accused of kidnapping her own son. she claims she was trying to protect the little boy from her own mother. police found her hiding along with that child in her
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>> shepard: a stunner out of washington today. the head of the federal aviation administration is now taking a leave of absence at his request after a drunk driving arrest. police say they spotted randy babbitt driving on the wrong side of the road in northern suburban virginia on saturday. the 65-year-old former pilot faces charges of driving while intoxicated. federal officials say babbitt requested a temporary leave from his post, which will be filled for now by a deputy administrator. the feds are trying to decide babbitt's future with the f.a.a. the country singer mindy mccready was in court today in arkansas where a judge was deciding the fate of her 5-year-old son. mccready has had trouble with drugs and alcohol well documented and her mother has had guardianship of that child legally since 2007.
investigators say last month mindy mccready abducted the 5-year-old claiming her mother was abusing him. grandma has denied it all. and on friday, police in arkansas found mindy mccready and the little boy hiding in a lake house about an hour north of little rock. greg jarrett is following this. what happens to the 5-year-old now, greg? >> we don't know shep, the hearing was still going on in this last hour and it's behind closed doors to protect her son who is a minor so it's very hard to get information. the country singer took 5-year-old zander violated a court order giving joint custody to his dad and grandmother. we spoke to the grandmother who told us she believes her daughter mindy has trouble processing things hopes this will be a wakeup call. a short time ago i spoke with zand der's father who made reference to his ex-wife's demons. >> i just think that she should probably go talk to somebody and spend some time
getting her life back before she tries anything else, before it's too late. i'm going to tell him i love him very much. give him a big hug. >> mccready has a history of depression. a reported suicide attempt and, of course, rehab. but billy mcknight feels if she were to seek professional help and emerge successfully then some day she might be able to regain partial custody of her son. given these events that's not going to happen overnight. >> you wonder, greg, if she is going to face charges here do. we have an indication? >> she could. very well. after all mccready did violate, shep, a court order and could be prosecuted for parental abduction even though she may have felt justified in taking zander. but mccready's mother, again, who had custody, told us she does not want her daughter arrested over all of this. so, it's possible the judge could go easy on mccready, especially given her history of emotional troubles which have caused her, perhaps, to have acted irrationally. in an email, mccready's
attorney -- to mccready's attorney the florida judge wrote once the boy is back in florida, we will pick up the pieces, maybe a sign of judicial understanding, shep? >> shepard: we shall see. greg jarrett in the newsroom. updates from him as warranted. disturbing new details about the death of a 2-year-old girl whose father is accused of throwing her off a bridge. >> count of murder. >> shepard: the judge set the bail at $10 million. prosecutors say 27-year-old arthur morgan strapped his child into a car seat and then tossed it off an overpass into a creek below. and they say he took time to make sure his little girl would sink. >> to ensure she would not survive you took a spare car jack or for a flat tire and attached it to the back of that seat to weigh as an anchor. >> shepard: officials say the toddler was, quote, awake,
alert and helpless when she hit the water. state child protective services had investigated the child's family situation not once but four times and each time determined she was in no danger. well, a massive storm system soaking folks all across our nation. we will see where it's headed now and how much more trouble it could cause. plus, scientists report we may have a new place to live. a new planet with a lot in common with the one we're on. that's coming up. gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet?
championship. thousands and thousands of fans stormed the field and you see the aftermath. they tore down the goal posts. several people ended up trampled. there were just too many people and not enough space. two folks had broken ankles we're told. osu officials say in the future they may beef up security or fine anyone who tries to storm the field. a fox weather alert now and a cold wet mess drenching millions across our nation. the huge storm system soaking folks from mexico all the way to new york state. some of the rain heavy enough to trigger flood warnings. storm bringing snow to texas panhandle. folks could see up to a foot in the northern rockies. janice dean is in the extreme weather center. it seems like the wild weather is on the move. >> it is, shepard. 48 hours is where that storm is going from the desert southwest all the way through texas and up to the ohio river valley and the tennessee river valley. there is the snow that we saw
across the desert of new mexico, also parts of arizona, el paso getting snow right now. let's take a look at parts of texas that got some seasonal snow. their first seasonal snow abilene and lubbock, odessa, am morrill low, schools were delayed thousands without power. that's going to continue because the temperatures are cold enough for snow. take a look, shepard. we are dealing with temperatures like 7 bolder, 20 in albuquerque, 29 in dallas, 26 in kansas city. ahead of that cold front that's where we are seeing warmer than average temperatures in new york city at 52. >> shepard: i will say. it doesn't feel like december. out west the winds are kicking up again in the los angeles area. >> we still have wind advisories posted for southern california, shepard until tuesday. certainly not the wind event that we saw last week thursday and friday where those pictures are just incredible. and we saw wind gusts in excess of 100 miles per hour. of course, thousands of people were without power. national weather service does have wind warnings up until
tuesday where they have wind gusts in excess of 60 miles per hour below the mountain passes and red flag warnings are up. but, again, certainly not the event that we saw last week but people are advised to be careful. back to you. >> shepard: janice dean thanks so much. nasa scientists say they discovered a new planet that could practically be earth's twin. they have given this planet the very catchy name kepler 22 b. two times the size of the earth. from the looks of the thing it has an earth temperature of 72 degrees. hello san diego. probably has both water and land according to the scientists. visiting it is just about out of the question because it's a mere 600 light years from earth. a little perspective on that. consider the voyager one space craft nasa launched that thing 34 years ago and it still hasn't made it out of our own solar system. just a few weeks to go until millions of americans could start getting smaller
paychecks. now the president is putting new pressure on g.o.p. leaders to cut a deal on the payroll tax. but one republic says it's the president who needs to do some come pro-mizeing. we are live at the white house with both sides. debit or credit? banks have apparently convinced lots of us to change our minds. plus, a new way for you to avoid atm fees. of course, there is a catch. and it's coming up as fox reports live tonight. bottom of the hour, top of the news straight away. ♪ motor home ♪ i'm the rocket man! [ both ] ♪ rocket man ♪ burning out his fuse up here alone ♪ burning out his fuse up here alone? ahh. [ male announcer ] crystal clear fender premium audio. one of many premium features available on the all-new volkswagen passat. the 2012 motor trend car of the year. ♪ and i think it's gonna be a long, long time ♪
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>> shepard: calling this one of the most expensive car crashes in history. a group of sports car drivers getting into a crash in the southwestern part of the country. among the machines in the pileup 8 ferraris, three mercedes and a lambo. police say they believe it all started when the lead driver tried to change lanes and instead hit the median and spun out. in the end nobody was seriously hurt. muflt pell reports indicate damages in the millions of dollars. an unemployed biomedical scientist who was occupying wall street just a few weeks ago now has a job on wall street. his name is tracy postert or she i should say. she says she joined the occupy movement when her search for full-time work came up empty. shear -- here is what she told fox news back in october. >> i sent out hundreds of resumes. two weeks ago they said 115
people applied for the same job. i worked hard. got my degree. >> a day later for market analyst for the firm took her resume. she got an interview, later a job which she accepted but she won't be putting her ph.d. to much use. we are told she will work as a financial analyst for a little more than minimum wage at least to start. her new boss says she could eventually make six figures. i'm shepard smith. and this is "the fox report." it's the bottom of the hour, time for the top of the news. the white house rolling out a countdown clock ticking off the seconds into the payroll tax cut expires until the end of the year. the president says that would mean a tax hike of about $1,000 for the average family. this was earlier today coming up. they have even less time now in case you are doing the math. leaders of both parties claim they want to extend the tax break, but they cannot seem to agree, astonishingly on how to pay for it the president taking aim at republicans for
ruling out a new tax on the very wealthiest. >> how you can fight tooth and nail for tax breaks for the high end and barely lift a finger for taxing going up for 160 million americans who really need the help? it doesn't make sense. >> shepard: now word of a new compromise. still includes a tax increase for the richest americans. ed henry is our main man at the white house. is he live there tonight. republicans claim this isn't a compromise because the democrats came up with it by themselves without republicans. >> that's right shep when the president was there. i was in the briefing room. he came out, republicans saying at that moment they still had not seen this so-called compromise. they didn't know the details that he was pushing them on. the fact of the matter is democrats note that they have made some tweaks here to try to meet republicans halfway. i will give you a list of some of those. republicans complained about the price tag. it's now been reduced from $265 billion down to $185 billion. it would mean about $1,500 in
the average family's pocket if this tax cut extension goes through. and the surtax on millionaires that you mentioned, it's going to change from 3.25% down to 1.9%. again, a compromise. senate majority leader harry reid said today republicans have to take. >> republics in congress dismiss it at their peril. i repeat. republicans dismiss this at their peril. the american people are watching what my republic colleague also do. >> not so subtle political threat there that's why it really appears for the first time perhaps in this whole jobs debate the president has the upper hand over republicans in terms of public opinion in the debate. they finally think they have republics in the corner because they don't want to see this tax cut expire, especially around christmas, shep. >> shepard: they don't have all the republicans in a corner because, ed, some republicans are saying they don't want to extend this no matter what. >> that's right. it's also playing in the president's hands, as you say there is a split in the
republic party. some top republic senators in the leadership like jon kyl of arizona say extending this tax cut is a really bad idea. other leaders like mitch mcconnell and other top republicans saying we are going to have move forward on this. bottom line there are republic critics even susan collins a moderate republic who supports extending the tax cut told fox today that basically she thinks the president has not reached out to republicans enough. and she is also concerned that this surtax is not going to work. take a listen. >> he cannot continue to resort to offset, to pay for his proposals that have been repeatedly rejected. he needs a new approach. >> so the bottom line is we appear closer to some sort of a compromise to extend this tax cut. but the pay-for that she mentioned there, still up in the air. the other big thing looming over all of this, is that unemployment benefits are about to run out at the end ever the year for 1.3 million americans. the president saying today congress must extend that as
well, shep. >> shepard: ed henry at the white house tonight. thanks very much. new numbers out suggest americans are back to using credit cards in a big way. the firm first data reports that credit card spending increased in each of the first three quarters of this year. up more than 10.5% in the third quarter. and nearing levels that we saw back before the recession. there was a smaller rise in debit card purchases because while credit cards offer perks like airline miles and cash back, they often come with sky high interest rates. that's money in the bank for the bank. peter barnes from the fox business network is with us and live in washington. is there a consensus about whether this is a good thing for consumers? >> well, it can be if you are using a credit card to take advantage of the big discounts and promotions the retailers are offering this holiday season, shep, 30%, 40%, 50% off so net net you might save money even with the interest charges. taking advantage of big deals seems to be the big reason that consumers are pulling the
plastic out of their wallets this holiday season. and maybe even giving the economy a little boost in the process. >> overall, spending was up significantly. so, what that shows is consumers are willing to buy across a broad range of categories if the price is right. so the key trick former chants is going to be focused on getting the prices right. getting the promotions aligned properly and that probably is going to lead to higher overall sales. >> and according to first data, the average ticket, the average sale, credit or debit card was down 1% on black friday suggesting that saving money by buying products at disownts are what consumers are really after here, shep. >> shepard: peter, interestingly, a new push to do away with atm fees. >> yeah. this is a great story. a 25-year-old entrepreneur in new york city wants to put at m's everywhere that save you
the $3 fee by showing you short advertisements. the advertiser subsidizes the cash withdrawal. clinton townsend of free atm nyc has one sponsored atm installed in brooklyn right now. he says the response has been so big that he could have another 50 to 100 atm's installed throughout new york city soon. if he wants them down here in d.c., i will use them. >> shepard: i bet. peter barnes in washington. thank you. the standard and poor's credit rating agency is now threatening to downgrade 15 countries that use the euro because of europe's debt crisis. that came ananich also a sarkozy and angela merkel unveiled a new proposal to try to keep europe's economy from imploding. among the key points here, automatic penalty for any government that allows its deficit to exceed 3% of its gross domestic product. their proposal gave u.s. markets a morning rally but news of the possible s&p
ratings downgrade took some of the wind out of wall street sales. by the close of the session, the dow was up 78, nasdaq 29, s&p 13. and the debt crisis in the u.k. leading to budget cuts at buckingham palace. queen elizabeth ii reportedly facing a 6 year pay freeze. we ever hear at that time royal heinous is cruising around in her palace turning off lights, lowering the heat, and, well, even writing letters in a fur coat. we're told british taxpayers will no longer foot the bill for prince william and kate middleton's travel and security. prince charles will apparently handle that. well, pakistan's prime minister is now saying his country wants to rebuild ties with the united states. this comes as many observers say the relationship is now at an all-time low. this has come since the drone attack killed two dozen pakistani soldiers last month. protesters like these in pakistan's capital has been burning american flags. pakistan also told the united
states to leaf an -- leave an air base there. our forces have begun moving personnel and equipment off that base. james rosen is live from d.c. this evening. there is an indication that the pakistans want some sort of a truce with us over this. >> yes, the pakistani prime minister, shep told the associated press today he thinks it won't take long before the u.s. and islamabad have a new relationship in which they, quote, respect each other's red lines. secretary of state hillary clinton those remarks. plot out the future for afghanistan. a conference that the pakistanis boycotted. >> it would have been better if they had come. so we regretted the choice that they made because today's conference was an important milestone toward the kind of security and stability that is important for pakistan as well
as for afghanistan. >> tonight senate republicans john mccain and lindsey graham saying just minutes ago and i quote that certain actions of pakistan's military are contributing to the death and injury of our mental and women in the military. the two called for a quote full review in pack stab with all options on the table. >> our military is leaving a base in pakistan. how important is that base said to be to u.s. national security? >> well, we would prefer to have it, of course, but its loss is not devastating to our counter terrorism program. the u.s. has used the base to launch drone attacks in the past, as our ties with pakistan have soured. the base has shifted to a backup role. >> the u.s. government is always going to have lines of communication to both the pakistani military and the pakistani civilian leadership. >> the u.s. and nato have also developed new supply routes to account for pakistan's increasing proposal to let us use some of the existing ones.
shep? >> shepard: russian prime minister vladimir putin has held a tight grip on country for more than a decade. that could be changing. there is fallout from some embarrassing election results. we have those next. did the feds mislead congress about parts of the botched gun tracking operation fast and furious? at least one official says that's exactly what happened. as more republics call for the attorney general eric holder to resign. a live report straight ahead. ♪
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crackdown on protesters. estimate some 4,000 people have been killed. a serious political set back for one of the world's most powerful men. delivered a blow to vladimir putin's ruling party as it lost several key seats in parliament this weekend. opponents now call it the party of thieves. today the secretary of state for the united states hillary clinton says the u.s. is concerned about possible election day fraud. the russian people like people everywhere deserve the right to have their voices heard and they are both counted. >> keep in mind the u.s. has given russia nearly $10 billion in aid over the past decade. brand new protests in moscow reportedly some of the largest that city has seen in many years. thousands of activists calling for vladimir putin to step down. he has hopped back and forth between president and prime minister for more than 10 years now and his party is on the ropes.
trace gallagher is live for us this evening on this. trace, i guess these election results are wisely -- widely seen as pretty humiliating for him. >> they are. all these reports of ballot box stuffing, is he losing support first time in 10 year history. not just talking about mild loss of support. look at the numbers here, four years ago the united russian party picked up 64% of the vote. now less than 50%. but former u.n. ambassador john bolton says don't count putin out yet. >> this election may look like a loss for putin's party, but he believes in managed democracy. his party is less important to him than his election to the presidency next year. >> putin is still favored to win the presidency in march because he is still the most poplar politician in russia, shep. >> shepard: usually to get more popularity you can always just give out money. >> that's what they plan to do. foreign policy experts say vladimir putin will actually
increase spending on social programs. and it's interesting because one of the fascinating parts about this election was the fact the communist party did so well. the communist party pulled 20% of the vote. that is double what it pulled four years ago and remember 20 years ago everyone thought the communist party was dead and gone. experts say that highlights russia's growing divide between the rich and poor. listen. >> i think the lesson, unfortunately, is that as long as putin and his supporters supply the material benefits that russians want, the value or the priority that they assign to democratic elections is pretty low. >> which is clearly not surprising because russia has a very long history of using public money to prop up politicians. shep? >> shepard: thanks, trace. new evidence now that the justice department gave bad information to congress about the fast and furious gun sting. that program, of course, was supposed to track guns from
the united states to mexico. but investigators say the feds lost track of hundreds of weapons and that two of them turned up at the scene of the murder of u.s. border patrol agent brian terry. william la jeunesse is following this one again for us this afternoon from los angeles. hi, william. >> well, shepard, that bad information came in the form of a number inache ray wases in inaccuracies back in february namely that the u.s. denied helping send guns to mexican cartels and secondly none of their guns showed up at the murder scene of brian terry. both those statements were false at the time they were made. friday, brewer blamed u.s. attorney dennis burke in arizona, acting ken mel son and the agent in charge bill newell, among others, saying in essence that they lied to him and his office, unknowingly lied to congress. including the claim that this man was not under investigation when he bought the guns that killed brian terry and, therefore, they couldn't do anything.
well, that is inaccurate. he was a suspect 46 days before he bought those murder weapons. and he could have been arrested sooner several times but was not. justice also released a nasty email burke wrote about senator grassley's investigation. quoting: what is so offensive is that grassley's staff acted as willing stooges for the gun lobby. reckless a little today, shepard, darrell issa says he was including investigation into d.e.a. laundering money on behalf of mexican cartels in hopes of catching the big fish. calls in question holder's leadership and he will ask him
thursday during a a house hearing. back to you. >> shepard: heisman -- herman cain. no longer heading to the white house. what's what is next for the businessman who says he is not going away. coming up what herman cain has to say about his future and endorsing a presidential candidate. that's coming up as fox reports live tonight. from helping to revitalize a neighborhood in brooklyn to financing industries that are creating jobs in boston or providing funding for the expansion of a local business serving a diverse seattle community and supporting training programs for tomorrow's workforce in los angeles. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible.
>> shepard: update on reverend billy graham. is he regaining strength after visiting with family and getting a good night's sleeping according to hospital officials. is he 93. he has been in mission hospital in asheville, north carolina last webs after he reportedly suffered congestion and a slight fever. billy graham's doctors then
confirmed he has pneumonia. herman cain back on a political stage just two days after he, quote, suspended his presidential campaign. he is speaking at a republic fundraiser tonight in oklahoma and lots of people are waiting to hear who will get his endorsement. john roberts is following this for us tonight. herman cain says he will remain a political force in this race. how is that? >> he wants to stay in the arena, shep. tonight's fundraiser was supposed to be for him. he turned it into a fundraiser for the state republic party. tomorrow he goes to texas, shoot some video messages town vale a new energy plan in the coming days, big question who is he going tone doors and when? >> likely he will endorse newt gingrich. other big question tainted as he is by scandal, how much will thean doorsment mean? he still has about 4% to 5% of republic voters. larry sabato says in a tight race that could make a difference for better or worse. >> it's pretty obvious that most people have concluded that cain isn't telling the full truth about these women. and, of course, for newt
gingrich in particular, given his background with three marriages and adultery, i don't know that this will necessarily help him. >> and, shep, ironically, he still could effect the vote in the first three prime minister states because in new hampshire, south carolina, and florida, he will be on the ballot. >> shepard: he didn't quit. he suspended his campaign. you can explain the significance of this distinction? >> there really isn't a difference, shep. whatever language you use is just language. i'm suspending my campaign, i'm ending it. i'm throwing the whole kit and caboodle off the bridge. you can't terminate the campaign until you meet the fec criteria for doing that retiring your debt and obligations. can get federal matching funds. it can take years to terminate a campaign. bill clinton and al gore's re-election campaign committee from 1996 still active and still filing reports with the fec. >> all right. john roberts live for us this evening john. good to see you.
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with thermacare heatwraps. thermacare works differently. it's the only wrap with patented heat cells that penetrate deep to relax, soothe, and unlock tight muscles. for up to 16 hours of relief, try thermacare. >> shepard: well, last year was the black eyed peas, before that the who, now madonna is set to perform for millions around the world at the super bowl halftime show. nbc is airing the game this year. it announced yesterday the material girl will take the stage, confirming rumors that sprouted a few weeks ago. we're told she will perform with a team of akro bats from cirque du soleil and others. last year it had more viewers than any other television program ever anywhere. this year's game scheduled for february ath in indianapolis. before we go, our team's top five things of the day. number 5, a survey shows more than a third of shoppers are
finished with holiday shopping with christmas still three weeks away. number 4. snail mail is about to slow down even more. the postal service says no more next day delivery on first class letters. the agency also set to slash some 28,000 jobs. number 3. the fate of the nation's top aviation official is very much up in the air after a drunken driving arrest. randy babbitt on a leave of absence from his job heading the f.a.a. number two, a senior military official confirms iran now has in its possession a top secret u.s. drone after controllers reportedly lost contact with it. and number one tonight, the republic presidential frontrunner newt gingrich stopping in new york city meeting with the billionaire donald trump and that's "the fox report's" top five. and on this day in 1933, the state of utah ratified the 21st amendment. making it a three fourths majority of states to do so.
and that officially ended the federal prohibition of alcohol. prohibition had taken effect way back in 1919. it successfully reduced alcohol consumption no doubt. but it also gave violent gangs another way to make big money. boot leggers, including al capone built criminal empires distributing booze while a government lost billions and billions when billions was a lot in tax revenue. support for the ban dipped dramatically and sparked its reversal. although the state of mississippi didn't end it until 1966. >> but the national booze ban went right down the drain 78 years ago today. and now you know the news for this monday, december the 5th, 2011. i'm shepard smith. thanks for joining us tonight. we're back tomorrow noon pacific, 3:00 eastern for "studio b." and back here for another fox report on a tuesday night. our friend, mr. bill is up next. he would appreciate it if you would stay