tv Studio B With Shepard Smith FOX News January 4, 2012 12:00pm-1:00pm PST
it took a team to get her on the scale and she only gained four pounds despite growing two feet. thank you for watching, megyn kelly will be back tomorrow. shepard smith is next. >> shepard: the news begins anew on "studio b." congresswoman bachmann is out. governor perry taking a timeout and mitt romney gets a key endorsement. a look at new hampshire today. president obama makes a controversial appointment to a new federal agency. republicans say the president is overstepping his authority. we're live at the white house with that. a police officer uses a $132 speeding ticket to track down the woman in the car and ask her for a date. so now she's suing and in a big way. the lawyers, arthur and randy, are here.
that's all ahead unless breaking news changes everything on "studio b." fox news is america's election headquarters. first in new york, the republican race fort presidency looks different than it did only 24 hours ago as the candidates turned their attention from iowa to new hampshire. governor romney got a major endorsement following his narrow win in the caucuses. >> i'm really here for one reason, and one reason only, to make sure that we make mitt romney the next president of the united states of america and new hampshire is the state that will catapult him on to victory in a very short period of time. that's why i'm here. >> shepard: a boost from the 2008 republican nominee coming just ahead of another critical contest. there's also less competition after michele bachmann announced today she's dropping out of the race.
>> last night the people of iowa spoke with a very clear voice. so i have decided to stand aside and i believe that if we are going to repeal obama care, turn our country around, we must do so united. >> shepard: republican voters do not appear united in support of any one candidate. last night's top three. governor romney beat former senator rick santorum by eight votes after santorum's 11th -hour rally. the closest republican beginner ever. the question is can he or anybody else pull off a similar come from behind challenge in new hampshire. the clear politics average of all polls shows governor romney has a 20-point lead ahead of tuesday's primary. let's turn to carl cameron live in manchester, new hampshire. senator mccain's endorsement seen as a pretty big deal.
>> it is. he was the republican nominee of 2008 and knows how to win in places like new hampshire where romney is leading but also in south carolina, the contest that follows. mr. mccain has a double-edged sword component. a lot of conservatives look at the 2008 nomination of john mccain with dis taste thinking he was too moderate and his maverick breaking with his party didn't bring the republican party together. he's a hero in new hampshire, however and mitt romney was all too pleased to bring him to this event. we're at west high school in manchester where he only filled a third of the gym gm. this is not a typical rally in new hampshire. particularly with a lead as big as romney's which is likely to shrink, as polls always get tighter. today, romney talked about last night's victory, eight votes, a
record narrow win, if you can call it that. for the most partisan san -- part, rick santorum was getting the headlines. >> it's nice to have a win. the question is, can we do better in new hampshire? yeah, yeah. >> reporter: virtually the entire town hall meeting they took questions. many were particularly aggressive. the first one was from an occupier type, there were a couple kids who asked questions by written prepared notes that seemed like they were deliberately designed to be chin music. he was asked about his assertion corporations are people too. >> would you be willing to reverse the policies of the obama administration and his predecessors around corporate sent trick economic policies
that only see wealth and income go to the top? >> where do you think corporations profit goes? when you hear a corporation has profit, where does it go? >> i mean. >> where does it go? >> if they retain it, retained earnings, they're not distributing it and not using it for capital expenditure. >> now the facts. there are two places it can go. hold on, it's my turn. you've had your turn, it's my turn, all right? >> reporter: pretty uncomen when the winner roars into new hampshire and you expect to hear a roar and see him do something meant to punctuate it. this didn't happen. most of the folks in the audience were fairly subdued and as rallies go, it was flat. >> shepard: then rick santorum, who announced yesterday he's going to be spending a lot of time in the granite state. >> reporter: he sure is. last night he said he's going to
spend six of the next seven days in new hampshire and go to south carolina at one point. santorum comes to new hampshire way back in single digits. he has a huge amount of ground to catch up but he has all the buzz. it will be interesting to see whether or not he can turn that into big crowds and rallies. mr. santorum is catholic. there's a big catholic vote, a county chairman in all of new hampshire's counties, even the sheriff in mitt romney's vacation home county. it's organization but dwarfed by romney but he's the man of the hour in new hampshire, at least in the wake of the second place showing in iowa. then newt gingerich is obviously fighting for it. the two of them are sandwiching mitt romney, hitting him from both sides calling mitt romney too liberal and unreliable.
notice the reception one expects in new hampshire. >> shepard: karl, thank you. texas governor rick perry created confusion among his campaign staff after a tweet today on south carolina. the texas governor flew home to reassess his campaign as he put it but later sent this tweet saying, quote, the next leg of the marathon is the palmetto state. here we come, south carolina. rick perry included this picture with the tweet. he's apparently in running gear. according to the website politico, governor perry's decision to stay in the race surprised advisories because they thought he was setting everybody up to the end to the campaign but the campaign manager confirms the texas governor is going forward as planned? not really. jim angle is live in washington. i guess congresswoman bachmann is gone.
what about the others who finished at the bottom? >> you were just talking about rick perry who came in fifth with 11%. he canceled appearances in south carolina planned for today, returning to texas to consider what to do which is often the preface to withdrawal but he tweeted he would campaign in south carolina and elsewhere. listen. >> he's got the capacity because of resources and stature as republican governor in the south to make a last stand in south carolina. what happens in we have a demolition derby in new hampshire and he has a shot to be the fresh face in south carolina? >> there's the chance that he has. governor perry plans to participate in the next debate in new hampshire and will be back campaigning in south carolina next week. >> shepard: then newt gingerich, who appears to be playing the role of angry attack dog these days. >> well, yeah. he's comfortable in that role. gingrich was fourth with 14% of
the vote last night. he's not talking about withdrawal. the ever invent active gingrich has a new, unusual strategy, a plan to join forces with rick santorum who came within eight, as you pointed out, of beating mitt romney. gingrich heaped praise on santorum last night for running what he called a great, positive campaign. >> i admire the courage as discipline and way he focused and how positive he was. i wish i could say that for all the candidates. >> a swipe there at mitt romney and probably ron paul. when asked if he could see a scenario under which he would align with santorum to beat romney, gingrich leapt. >> absolutely. of course. rick and i, who we have a 20-year friendship, we're both rebels. if you take santorum and perry and bachmann and gingrich you
get a sense of what is small minority romney represents. >> it's not clear what he has in mind but analysts say romney isn't his problem, santorum is because he's winning the lion's share of the nonromney vote which gingrich would need to steal to be a contender. >> shepard: jim, thank you. let's turn to lanny davis, who has participated in politics almost 30 years, former special counsel to president clinton and worked with the bush administration. a busy guy. >> how are you? >> i'm good. mitt romney, there's an antimitt crowd, the not mitt, then mitt romney trying to figure out how to move forward. he had a lackluster event today. >> speaking as a democrat i think he'll be tough to beat for all the reasons he's being criticized, more moderate and appeals to the center, which you
have to once you get out of the primaries. most democrats would probably say he's the tougher candidate to come out of the republicans. but he's making a major mistake not releasing tax returns, he's digging himself into a hole. >> shepard: why not do that? >> he has a right to privacy argument. but when you're in public life, especially running for president, we know you and i in your business, sooner or later he'll be forced to release them. the question is how long does he struggle and is this crisis management 101. get it out rather than let it build up. >> shepard: his problem has been he can't break 25% and he didn't in iowa. he will in new hampshire. the neighboring state to where he's been governing for a long time. but aside from that, how's he going to bring in the evangelical vote and conservative wing of the republican party? >> as i said, he has the advantage as a general election
candidate of appealing to the center but that's why he's in difficulty with the evangelical vote and conservative vote. what he did to newt gingerich is pretty bad as an image. not only was he negative but disowns responsibility for the commercials his super pac paid for. he should have stepped up and said of course these are my people and this is part of the campaign. so it's part of the romney problem -- i happen to like the man and think his sons love him and any father that can be that loved by sons has to be pretty good. he has a problem of authenticity. >> the news last night was the rick santorum, riding around in a truck for 99 counties and did an amazing job in iowa. nobody doubts that. he doesn't have an organization, he doesn't have anything. he has to build this overnight. is that doable? >> he's on a wave and sometimes
you can ride a wave in the primaries for a certain amount of time. but then you kind of run out of steam. i admire the man. i think he's shown a lot of determination to come from behind the way he did. i don't see what happened in iowa as a help to mitt romney. he only got 25% of the votes, spent millions of dollars spare to santorum. santorum's problem is he's probably not electable because he's so far on the right. >> shepard: thank you. mitt romney has momentum but maybe not as much as he likes. rick santorum has a lot of momentum but not much of an organization to go with it. we take a closer look. also a murder mystery at a high end condo. for people dead. two military pilots. today we're getting answers from the cops. we'll have the details ahead on this wednesday edition of "studio b." [ male annouer ] juice drink too watery?
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>> shepard: one >> shepard: police in southern california are investigating the deaths of two u.s. navy pilots and two other people at what's described as a ritzy condo complex. the latest report suggests it was a case of murder-suicide. investigators say two victims were brother and sister. cops discovered the bodies new year's day after a neighbor reported hearing gunshots at the
complex. trace gallagher is in our southern california newsroom this afternoon. do we know who did the shooting here? >> that's the big twist in this case. the san diego county sheriff's department told us of the two navy fighter pilots who died, one is the one who opened fire on the other three then turned the gun on him. john reis. there's no word on a possible motive but that fighter pilot, david reis, was with his sister, 24-year-old karen, the volleyball coach, in downtown san diego with the other pilots celebrating new year's eve. they and a fourth man came back to the condominium and were there and shortly after they arrived back in the condo, the gunfire began. here's a neighbor. >> bang bang, bang bang bang bang, so everybody we talked to,
we seemed to agree, it was a five second pause between the first two and the others. >> five seconds between the shots. the neighbor thought at first it was a new year celebration. >> shepard: a neighbor heard the shooting. did anybody hear anything before that, a fight? >> no, in fact the neighbors were woken by the gunfire itself. we don't know what the motive is, if alcohol was involved or if the fighter pilot who opened fire might have been involved with the other pilot's sister but this was the second mystery in coronado in six months. the pharmaceutical executive's girlfriend found hanging from the balcony of the mansion, that was a big investigation. she died two days after the boy on the left was found in the mansion, dying of an accident. her death was ruled suicide but her parents say they believe she was murdered in that case. >> shepard: trace gallagher, in los angeles, thank you for the
update. police in texas shot and killed a 15-year-old student after school officials say he engaged the cops in the hall of the middle school. it went down in morning in brownsville texas. cops opened fire when the eighth grader refused to drop his weapon. another student says the gunman was involved in a fight before the shooting and previously brought weapons to canceled for tomorrow. police report nobody else got hurt. a couple weeks ago rick santorum was a second tier candidate at very best. he's getting lots of attention now. but can he hold on to the momentum? we'll get into that. plus another twist in the hollywood arson story. apparently the suspect's mother was running a massage parlor in her home and had some very interesting things to say in
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>> shepard: all those fires in los angeles, a german national accused of setting them. we have new details on the man suspected of setting 50 fires in and around hollywood. the attacks caused an estimated $3 million in damage. the suspect expected in court for arraignment today. reports indicate he shouted i hate america as police arrested him monday morning. prosecutors in germany say the suspect is under investigation there connected to a fire that destroyed his own home last year. authorities say they believe the suspect began his arson spree after cops arrested his mother. these are sketches of the mom in court yesterday. things got hysterical as the mom
suggested nazis may have taken her son. she's facing extradition to germany on charges, including fraud. she had a boob job but failed to pay the $10,000 bill and ran a sex parlor out of her home in hollywood. let's bring in the legal team, arthur aidala and randy zellen. >> what a way to kick off the new year. shep's talking about boob jobs. >> shepard: i don't know where to start. >> how about the evidence. that would be nice. >> shepard: all right, go randy. >> let's take a stroll down evidence lane. watch the prosecutors pretend there were no rules of evidence. ladies and gentlemen you'll find the defendant of the angry because his mom had been arrested. you'll find out mom didn't pay for her boob job and ripped people off on a real estate deal
and, they had a fire at their house in germany and put in an insurance claim. evidence of arson? let me get back to you. >> shepard: children. >> he's -- >> no evidence of the arson. >> okay. >> point me, something, anything. >> number one, if you give the facts, give the full facts. >> share them, baby. >> he didn't just have a fire at his home in germany and file the claim. the fire officials did research and he's under investigation for causing the fire. i don't know about you, but i don't know anybody understand investigation for causing a fire in their home. >> have you ever heard of anybody having a fire in their home and filing an insurance claim the next day? >> the german equivalent of fire officials investigated and believe he set the fire. not enough evidence to arrest him. >> shepard: they have this video of help me they say they have a lot of evidence. we don't know the evidence, randy. >> i saw the video.
the only thing it tells us is that something that looks somewhat a cross between a wildebeest and big foot is walking. the video, you can't see anything. >> you can't. >> i defy them to play the video in court and say ladies and gentlemen, here's your evidence. >> i will give you the benefit of the doubt but we're seeing. what prosecutors see with the enhanced technology they have within their studios to see things upclose and enhanced, that's a different video. number two, the fact the guy, when they grabbed them doesn't say i didn't set fires, he says i hate america. not the biggest piece of evidence but enough to hold him. obviously a judge is going to hold him without bail. >> that's scary. >> i don't know what you said, joe. so where do we go from here? >> he's arraigned, he's held and they'll -- there's a lot of fires. there's a lot of evidence to
look at all over l.a. what is it? >> shepard: all over hollywood. >> the lawyer is saying to the citizens, they have their guy, be on alert. why would you say that? >> shepard: one little matter is they've been having fires every night. they arrested this guy. that's not to say he did them all but they arrested him and the fires stopped. i suppose if you were setting fires and they arrested him -- you can play all the games you want. >> show me some evidence. they have a guy but no evidence. >> shepard: i'm not in charge of the evidence but if they put me in charge of it, i won't show it to you. >> i have no response. >> shepard: the guy setting the fires is in a minivan. a video of an individual who looks like him, in the same type of car. i agree it's not lock, stock and barely but we're in the right direction. >> you took poetic license. >> shepard: all right, guys, happy new year.
>> shepard: i'm shepard smith, this is "studio b." it's the bottom of the hour, time for the top of the news. rick santorum looking to capitalize on his second place finish in iowa, after he spent months polling in single digits. steve brown is live in des moines. the late rally, what do they attribute it to? >> it's attempting to say iowa's evangelical because he chased after the large block of the vote. our entrance polling revealed
largely evangelical christians and santorum did win that category but still, not a majority. >> the evangelical right is fractured, enough of it coalesce today make rick santorum the story of the night. going forward, the only way he's going to win the nomination is if you see a total coalescing of that base. >> reporter: our entrance polling showed he picked up 30%, not majority but when you consider six active candidates, she was -- >> shepard: 30% of the evangelical vote. the suggestion is the conservatives have to coalesce. there's no evidence that's about to happen. is there another route for him? >> he has another route. if you look at all the categories he won, it's impressive. he won women, he won middle class. he won middle income. he won folks that abortion was a
very important issue. he won folks that support tea partiers strongly. he a broad swath of categories where he was the leader. so coming out of this, though he's got strong social conservative credentials, rick santorum was a broad spectrum conservative in the eyes of iowa conservatives. >> steve, good to see you. let's take it to terry holt, to worked on three presidential campaigns including president bush in 2000 and '04 and former spokesman for john boehner and department of communications for hdmk. i wonder if you see a possibility for rick santorum without much organization and at least at this moment, not a lot of money. >> he has a path, a narrow one. and it relies on his really
impressing us in new hampshire next week. the rick santorum i saw over the last couple weeks reminds me of the old rick santorum, the shoe leather, the hard work, the appeal among blue collar folks. rick santorum had the benefit of everybody turning away from the other candidates. everybody else got their shot. rick got his at exactly the right time. if he does well in new hampshire, i see this, it's possible, shep, but it's the money and it's the time. the clock is ticking and mitt romney did what he had to do. he didn't stumble and it's going to require a big mistake by mitt romney to truly open the field. >> shepard: i want to get to mitt romney but let's move forward for a moment on rick santorum. rick santorum, it's going to be talked about eventually that he's among other things, a man who equated homosexual sex to beastalty. his list that will not appeal to
moderates is long. >> he's a social conservative, unapologetic about that. >> shepard: i don't think all social conservatives consider gay love similar to beastalty. >> that's true. all candidates have had their share of gaffes but with rick santorum, he's touched a certain group of voters as an authentic person. he told his story last night, one of the better acceptance speeches we've seen where he referred to his family's background. he has more of a story to tell than a few odd statements. it's not likely he will stumble as others have because he's got such a good range and authentic connection with the american people. >> shepard: campaign organizations don't spring from nowhere. at this point you have to get somebody else's organization, somebody who dropped out. is there somebody available? >> that's the magic.
we heard newt gingerich say nice things about santorum. maybe he would loan him some voters but the way the polls are in new hampshire right now, literally everybody's going to have to collapse for santorum to make much of an appearance on next tuesday night. but it's possible. a lot of things can happen. new hampshire is romney country and i still expect mitt romney to do pretty well next week. and if santorum can finish strong, then he gets his ticket punched again and we're here doing this for south carolina. >> shepard: and south carolina, much more receptive to his style. >> more evangelical and faith-based. >> mitt romney has been polling 41, 42% in new hampshire. big numbers for him. if he slides from 41, 42, down to 35, 34, if we see a slide in him this week, what does that mean? >> it would have to be a very big slide.
the way that the -- these primaries work when a lot of us have heard this, new hampshire is an open primary. moderates and democrats can participate in the primary next week. his focus needs to be on those parts of new hampshire that are the seacoast, the southern part of new hampshire, where those independent, moderate voters are in play. he has to motivate turnout to overcome the flinty conservative, new england conservatism you see in other parts of the state. i look for him to say on wednesday morning next week, a win's a win, baby. let's go on to south carolina. >> shepard: all right. terry, always good. thanks. >> thanks. >> the baby-sitter -- not the baby-sitter yet. the agency that is supposed to protect brothers -- borrowers is getting a new director but republicans are seeing red.
>> shepard: president obama sidestepping congress today making a controversial appointment to a federal consumer watchdog agency naming richard cordray as head of consumer financial protection bureau. congress created this agency to oversee lenders and debt collectors. the senate rejected cordray last month. president obama called the republican's actions wrong. but g.o.p. leaders say the president is overstepping his authority. ed henry is live on the north lawn. i'm not sure how that would be overstepping as republicans have
0 done this cycle after cycle but this is not the only recess appointment. >> reporter: breaking news the last few moments, the president announcing three more recess appointments to the national labor relation board, officials sharon block, terrence flynn and richard griffin. the board has been inoperable and they want to see it operating. a lot of people in the business community things the board oversteps its bounds and don't want to see the board operating. on richard cordray, who really was the big one earlier today, to be new consumer protection chief, this was the most in your face move in the we can't wait campaign the president is pushing. this is someone the republicans did not want to get the job. the president said not just have offense presidents done this but it's time consumers have a watchdog. take a listen.
>> he's going to be in charge of one thing, looking out for the best interests of american consumers. looking out for you. his job will be to protect families like yours from the abuses of the financial industry. >> reporter: republicans say their beef here is in terms of recess appointment while other presidents have done it, that's when there's an actual recess. right now the senate has been in the pro forma sessions where they keep the doors open though there's no real business going on in order to make sure that they cannot be recess appointments. the bottom line is we spoke to a constitutional scholar from the bush administration who said while he doesn't like this appointment, the president's going to get away with it. >> shepard: what about legal challenges? is that possible here? >> it is, the u.s. chamber of the commerce, a big business lobbying group, says they're leaving the door open to a legal
challenge. it's unclear whether it will get anywhere if they go forward. the other thing republicans are making a point of, and i spoke to senator john cornyn, and he was saying his real problem here is not the person, it's the office created by the dodd-frank wall street reform bill. >> to vote on a nominee, it's nothing personal about this individual, it's about the unprecedented power given to another czar on steroids. >> reporter: that's really what the controversy is, it's beyond whether recess appointments are valid, it's that the republicans don't like the president staffing up this consumer protection agency they think will hit businesses. the president in other is happyd up saying i'm looking out for the middle class and republicans don't want new rules of the road for wall street. >> head, thank you very much.
president obama is gearing up four reelection spending the afternoon in ohio. and today his campaign advisors vugged last night's results show a lack of enthusiasm in republican voters and a weak front runner in mitt romney. we you were saying -- you talked about a lack of enthusiasm yesterday. do you think it still exist as soon as. >> i'm shocked on this point because this is something that republican strategists advertised as an advantage coming into the presidential election cycle that the republican base is so angry at president obama they'll turn out in big numbers. yet what we saw last night in iowa is that they barely matched what they got in '08 and a quarter, more than a quarter of those people, were people who refused to identify as
republicans. -- identified as independents. i think a lot of them are people who just want -- just angry at government over all and want to throw out the bums but don't have allegiance to republicans. that's a worrisome facts because republicans are counting on the idea their base is the one that's excited and the democratic base is depressed. >> shepard: their base is splintered, the republicans. there's so many candidates that appeal to the republican base, the conservative side, evangelical side, it looked as if rick perry was considering getting out of this. but he said today he's not. >> you know, i wonder about this. again, you're right about the fact that this is a fractured base. that's what we've been seeing for some time. this is not news. look, you've got a tea party base that was so successful in terms of getting all those republican freshmen tea party members into congress in 2010.
that group of people continues to be the push on the establishment side of the republican party. and the republican establishment is very uncomfortable. they don't know what to do about it. clearly they have coalesced around mitt romney. all the money is there. all the support is there. john mccain out campaigning for him today. but you know what? the base, especially that tea party base, just doesn't see him as genuine and worries about the flip-flop. >> shepard: what's the president's strategy? back from vacation and getting into political mode. >> it's important. poem see it's a one-day thing but first place he goes to visit to campaign after vacation is eye. -- ohio. i often thing this election comes down to a suburban housewife outside of columbus or cleveland. especially a white working class woman. that's what the president was
doing, cordray appointment, a warrior for the middle class, this guy will represent middle class consumers. he's talking about mitt romney, who the white house believes will be the winner and they're saying this guy's not someone who has stood tall for working people in detroit, for the unions. remember, ohio is ground zero in the big fight over the unions where the unions and governor got into it big and the voters sided with the unions, not the governor. >> shepard: juan williams, welcome home. >> thank you. i want to tell you, last night as i was leaving the embassy suites they put up a sign that shepard smith is here and we're an historic institution. debby wasserman schults was in the blue water.
>> shepard: all my dreams have come true. they were good to us. it was great. asking somebody to dinner. everything's done that. it's not illegal, unless you're a cop who used information from a driver's license of a woman who whom you gave a speeding ticket. really? our legal panel is all over the lawsuit about the cop asking a woman out on a date. this should be like it always is. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.
according to the lawsuit, the officer searched motor vehicle records for her address, then left a handwritten note on her car outside her apartment. it reads, it's chris, that ugly bald stickny cop who gave you that ticket. i know this may seem crazy and you're probably right but truth is, i have not stopped thinking about you since. i did cost you $132, least i can do is buy you dinner. that produced a lawsuit. let's bring in the legal panel, arthur aidala and randy zellen. i want to start over hero here that time. what? >> i don't know about the lawsuit but when i was in the district attorney's office it was clear to us wes we had access to privileged information and in no way, shape or form should it be used for personal
reasons. you were mad at someone, you couldn't look up their records and use that against him. it doesn't seem he's trying to do anything bad but what he did is wrong. if he was so taken by her he should have said how about instead of a ticket i take you to dinner. >> shepard: oh, that would have been perfect. >> shepard: it's a lot worse to access computers. it's worse to access computers then go to her house and then write her down. >> shepard: retract it. >> all right, i retract it. >> shepard: arthur. >> hang on, my turn. i'll give you a speeding ticket unless you'll go on a date with me a also a crime. >> all right. >> this is bad. >> shepard: it's a crime. >> i cannot believe in a day, in an age, where you have judges who can't afford to stay on the bench so we lose talented
jurists, court officers laid off. lines out the courthouse doors, people can't get access to just and this is what we allow. my god, what did he do? he may have broken some administrative rule. and by the way, he didn't access a computer. he wrote the ticket. he had her information. >> shepard: he wouldn't have had her information if he hasn't come across her on duty. >> he had authority at one point. put that aside. what did the man do? what did he do that -- this is what we're going to clutter up the court system with? by the way, ma'am, what were your damages? >> shepard: he was an ugly stickny. >> i'm going to sued if i try that. >> randy, she's a single mother and she gets a ticket, she's upset and the next day there's a note from the guy. they are alleging she -- he
>> shepard: then there's this. lawyers for pepsi co a asking for a judge to throw out a lawsuit. the plaintiff claims he found a mouse in a container of mountain dew and wants damages. but the company says it can't be true because the acid and other chemicals in mountain dew would turn the mouse into a jelly-like substance. so the bosses at pepsi could win. they just have to figure out how to deal with the headline, mountain dew can dissolve a mouse. think