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tv   The FOX Report With Shepard Smith  FOX News  February 7, 2012 7:00pm-8:00pm EST

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thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced, and unafraid. captions by closed captioning services >> shepard: this is the fox report. tonight, a major civil rights decision. the voters spoke, now the courts have overruled on same sex marriage in california. plus, for the first time this election season, voters in multiple states get their say today. contest today in three states. >> thanks for being here. thanks for your help tonight. >> shepard: rick santorum is trying to break mitt romney's winning streak. >> get a win in colorado. >> has a real shot. plus, dramatic developments in the case of a man who police say murdered his own sons. from the wounds investigators found on the children's bodies until the startles voice mail
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message josh powell left behind. tonight, getting to the bottom of an unthinkable crime. and that is first from fox this tuesday night because now we know josh powell attacked his two young sons with a hatchet before they died in a gasoline fueled fire that he set. a father used a hatchet to chop into the necks of his two young children. 7-year-old charlie and 5-year-old bray deb. that happened on sunday after josh powell lured his kids into his home and locked the doors so a social worker supervising a custody visit couldn't come inside and foil his plot. investigators in washington state released new details of the children's death after autopsy results came back. medical examiners report the kids and their dad actually died of smoke inhalation from the fire the father set. so the hatchet wounds left them bleeding. caused them excruciating pain and likely panic in the moments before the thick smoke
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killed them. we reported here yesterday that josh powell sent a series of emails before his horrific attack and now we know there was a voice mail as well. that he apparently left for relatives. >> this is josh. i'm calling to say goodbye. i am not able to live without my sons. and i'm not able to go on anymore. i'm sorry to everyone i've hurt. goodbye. >> he told police he had taken the kids on a midnight camping trip in freezing weather. earlier on "studio b" susan powell's sister confirmed the kids had recently started talking more about that night. >> it's obvious that they were there and they were coherent when josh did something to her of course now it's possible we
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will never know the truth. dan springer live in our seattle newsroom this afternoon. first, if you could, please explain how it is that police say josh powell actually planned to murder his children. >> well, shep, they say powell planned this horrific act over a couple of days at least. in those emails to family he left instructions on where to find money he gave away all the boys' toys and then, of course, there is the 10 gallons of gasoline he spread around the house. a local prosecutor calls powell's final act, quote, a confession. he killed his wife. but utah police say susan's disappearance is still unsolved. they had told susan parents they were building a strong circumstantial evidence case and hoped to arrest josh by june. shep? >> shepard: dan, we are hearing from his family and it seems his sister is defending him that's right. josh powell's sister appears to be defending her brother in a statement which reads in part knob of us could have anticipated the devastating tragedy which took place on sunday but what this
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unmanageable loss shows is that hate will never end well. his family accused people of cyber bullying josh. they also said police harassed him and accused susan's parents of abusing the boys. they did all of that on a web site that was launched just a week ago. as for their father, steve powell, he remains in jail on pornography charges when given the news sunday, officials say he showed very little emotion and is refusing to cooperate with police. police are convinced that somebody knows what happened to susan. shep? >> shepard: and now investigators are finally acknowledging that they don't believe susan powell is just missing but, in fact, dead. >> that's right. the salt lake district attorney today acknowledged they have been investigating this as a homicide case for several months. publicly they were saying all along that she may still be alive but today they confirmed this is a kidnapping and first degree murder investigation. by the way the funeral for the powell boys will be held on saturday, shep. >> shepard: dan springer live in our washington state newsroom this afternoon.
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well, it's a big night on the road to the white house. less than an hour to go until minnesota's caucuses get going. colorado's kickoff an hour later, 9:00 eastern time. a total of 70 delegates at stake tonight. we will talk more about that zero from missouri in just a little bit. the state is holding a primary today but it's pretty much meaningless. right now mitt romney is leading in the delegate race but he needs more 1100 to clinch the nomination. rick santorum is calling on voters to make the frontrunner work for it. >> it's your turn. colorado's turn tonight. >> here here. >> colorado has an opportunity to do something that no one was expecting. which is to provide a little surprise to the inedible march of governor romney. >> i really appreciate the warm welcome we are getting on a snowy and cold morning. i appreciate you being here and participate in this process. colorado has something to say about who the nominee is going
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to be. i think i'm going to be that nominee. >> shepard: mitt romney won it four years ago. both states are more conservative this time around. alicia acuna in denver tonight. romney camp predicting a good showing but not great as they put it. >> right, shep, his camp seems to be trying to keep expectations somewhat low. the campaign did release a memo today entitled the road ahead, a reality check, in which it acknowledges others a few, unlike the other candidates, our campaign hats resources and organization to keep winning over the long run. old fashioned delegate math will win this race for governor romney. the fact that he is watching caucuses waiting for returns showing is he probably expecting some good news, shep? >> shepard: as for newt gingrich he is not even in any of the states caucusing or having primaries today.
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he has moved on to a super tuesday state. >> absolutely. he is not setting high hopes for tonight. he will probably finish mid level but also went went on to say that rick santorum will probably have something to celebrate in the morning. we have a live picture of gingrich right now. is he campaigning in columbus, ohio, a big tuesday -- super tuesday state with early voting beginning there today, gingrich is getting an early start on rallying the crowds now. >> with your help, if we pin the ohio primary and there is a poll out this morning that i'm ahead by a tiny margin. [cheers] >> we need your help to make it a bigger margin. >> we didn't really hear from ron paul today. he took a day off from campaigning. he is counting on his loyal forces to make a decent showing at the caucuses. and we will be here tonight shaking it all out. and, shep, we could be talking about a couple of winners tomorrow.
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back to you. >> shepard: alicia acuna in denver. looking at action in money society where recent polls show rick santorum leading mitt romney. plus -- [gunfire] >> shepard: it is unthinkably worse in syria today. troops continue to kill civilians. a powerful u.s. senator says it's time for america to start sending weapons to make this more of a fight. his words and the white house reaction ahead. plus, we will hear from a woman who was in the middle of a battle between breast cancer charity and planned parenthood. the former executive's comment on this escalating, well, battle? maybe. that's coming up from the journalists of fox news. this is "the fox report." zard l, but my auction ends in 15 seconds ! even worse, my buddy's bidding on the same lunchbox.
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weapons to syrian opposition forces. >> we should start considering all options including arming the opposition. the blood letting has got to stop. >> shepard: arming the opposition. the white house says that is not an's right now. senator mccain's comments came as we got new video from inside syria showing the battles between government forces and protesters. [explosion] >> shepard: last month the united nations estimated more than 5400 people had died in syria since march when a government crackdown began. the u.n. reports hundreds more have likely died since but the chaos in syria makes it impossible to keep track. we're relying largely on unconfirmed reports and amateur video from inside the country to get a sense what's happening there. also received a report from suture -- stewart ramsey of our sister network sky news in london. >> the only way out of the is by check point is check point.
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incredibly dangerous. >> chaos. today as the violence continued. even escalated, we saw another move to isolate the regime of bashar assad. six arab countries, six of them in the gulf are now recalling their ambassador from syria and expelling syrian diplomats from their own countries no, sign that's having any effect on the man who continues to murder his own people. the chief fox report correspondent jonathan hunt has been monitoring satellites all day and working on diplomaticcage gel as well. russian foreign minister sat down with president assad today. >> yes, russian foreign minister held meeting and emerged from it to say that the syrian president is committed to peace. that there will be constitutional reforms. that there will be parliamentary elections, that there will be an end to violence. sound familiar? that's because it's exactly what president assad said to members of the arab league several months ago.
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a state department spokeswoman responded to these latest promises pretty straightforwardly, listen. >> if, in fact, assad supports the end of violence, he knows what he can do today. which he has neglected to do for these 11 mobs. he can stop the attacks by his forces on innocent in cities across syria. >> and, of course, there is no sign whatsoever that president assad is about to do that and end the violence. >> shepard: a lot of speculation though about what president assad's wife, british born, thinks about all of this. today we are hearing from her if indirectly. >> the background here is assad is british born, british educated the "times" newspaper of london, one of our corporate cousins wrote an article last week wondering what on earth that kind of woman with that kind of background thinks of the violence there she sent an email to the "times" today through the intermediary says she supports her husband as president of syria. the email went on, thee days she is equally involved in
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bridging gaps and encouraging dialogue. she listens to and comforts the families of the victims of the violence. the victims of the violence, of course, shep, that her husband is the president is perpetrating. >> shepard: it is quiet something. meantime on the volume front, senator mccain also calling for review of billions of dollars of u.s. aid to egypt. comes as an attorney for 19 americans facing trial there says the workers are caught in the middle of a high stakes showdown. as you probably know by now, the son of the transportation secretary ray la hood someone of six americans still essentially trapped in egypt. this man works for a pro-democracy group which has been operating in cairo. senator mccain says he plans to go to egypt in the coming weeks if those americans are not are still not free. but the ruling military government there recently cracked down on such groups and yesterday egyptian officials cancelled scheduled meetings with u.s. lawmakers. the u.s. currently gives egypt $1.3 billion in aid each year. money that apparently helped
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stabilize the region. but the standoff continues. senator mccain says i think we have to have every aspect of our relationship with egypt examined until these people are removed from any indictment and allowed to leave or do whatever they need to do. a resigning executive at the center of the fight between planned parenthood and breast cancer charity is now defending her actions. susan g. komen for the cure is the foundation. it's the nation's largest breast cancer charity. it stirred up controversy last week when it eliminated grants that planned parenthood apparently uses for services including breast cancer screening for the poor. a vice president at komen caught a lot of flack for that move and today she stepped down from her job. and even though komen later reversed the decision, she still defends it. >> the last time i checked, private nonprofit organizations have a right and a responsibility to be able to set the highest standards and criteria on their own without
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interference let alone the level of vicious attacks and coercion that has occurred by planned parenthood. >> shepard: that former komen v.p. once ran for governor of georgia as republic. today she denied recent accusations that she brought her political agenda over to the charity. almost four years after california voters rejected same sex marriage, today a federal appeals panel set up a likely supreme court showdown. the ruling and the reaction from both sides in a live report next. plus, continuing team fox coverage of tonight's republic contest including a report from minnesota. the only state that hasn't, i should say, the only state that has not gone to a g.o.p. presidential hopeful since this guy won the white house. that's ahead. [ male announcer ] we know you don't wait
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>> shepard: california's ban on same sex marriage is unconstitutional. that's the ruling that came today from the ninth circuit of appeals. the next stop for the bit turley contested case may be the supreme court. as you may recall, this all began in 2008 when the state's top court legalized gay marriage five months later voters narrowly oapproved proposition 8 which banned it. for the last three years, supporters and opponents have been waging the most expensive campaign on a social issue in american history. nationally, according to the gallup poll, support for gay marriage is very strong among young people. 18 to 34-year-olds 70% support it and as you can see that support declines sharpely with age. so it's a matter of time at least but in today's ruling, two to one, which applies only to california, the panel wrote that there was
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no legitimate reason to enact a law that treats different people differently. claudia cowan with the news. she is in our san francisco newsroom this afternoon. claudia, reaction to the ruling is coming in really from both sides. >> it really is, shepard, gay rights activists celebrating another big win in the courts. while supporters of traditional marriage judicial activism run amuck and giving their view of what this case is all about. >> this case is about equality and freedom and dignity and fairness and decency. >> this case is really all about the right of the voters to go to the ballot box and choose their vote and to have their vote honored. >> that was andy pugno protect marriage sponsored proposition 8 and considering whether to appeal to a fuller panel of
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the ninth circuit or go right to the u.s. supreme court. shep? >> shepard: what could happen in the top court? what are the possibilities here, claudia. >> the ninth circuit's opinion was specifically tailored to california and some legal analysts say it was written that way to lessen the chance that the u.s. supreme court will take the case. shepard, we should mention that proposition 8 remains in effect here in california with gay marriages on hold while the legal process continues. >> shepard: claudia cowan in san francisco this afternoon. claudia, thanks very much. it's caucus night in america again. of course, figuring out who won the first two caucuses was not very easy. is it time to ditch the whole system? we will report, you decide. plus, president obama once called the flood of super pac money a threat to our democracy. now, more of that cash may be coming his way. some republicans are calling it a flip flop. tonight, the white house responds and there they are. the super bowl champion new york football giants taking another trip along a very historic parade route. that's ahead as we approach
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leading the pack in motorcycle insurance. now, that's progressive. call or click today. [chanting we got a ring] >> shepard: andre brown telling them like it is bring home the vince lombardi trophy and pick up symbolic keys to the greatest city in the world. welcome home today as they
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returned to cheering crowds in new york city and new jersey. journey peaked this last weekend super bowl victory hated patriots over new england. it ended today at home field just outside the big apple in jersey where players and coaches thanked the fans. >> cheered us on. brought victory here in the playoffs and then y'all cheered us all the way to indianapolis through green bay, through san francisco, to win us the super bowl. thank you. >> we started this season off with a theme, the theme was finish this is an incredible finish to an amazing season. that had to be the highlight of the day, ticker tape parade along the canyon of heros, lower mid-atlantic along broadway on a perfect february day in manhattan, 50 degrees and sunny, the city expected about a million people to come out under the beautiful blue sky to watch their heros make their way on a well traveled
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path. it's a tradition that dates back to 1886 with the dedication of the statue of liberty. since then this route has hosted more than 200 parades. some celebrating great accomplishments like charles lynnburg's flight across the atlantic and john glenn's journey around the world. the new york yankees have been regulars here with seven parades throughout the years and even the mets have been around the block a time or two. u.s. troops returning home from war have triumphantly marched up broadway but at one time merely dropping by for a visit was enough to earn you a parade. just ask queen elizabeth the second and former leaders of the philippines iran and afghanistan. the city once celebrated a pilot who flew the wrong way out of new york landing in ireland instead of los angeles. in fact, new york during the 1950s looked for just about any excuse to shower crowds with confetti. at one point holding a parade a day three days in a row.
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but the ticker tape business has slowed down significantly with only 10 parades along this route the past 20 years. almost all of them honoring sports champions. giants last here in 2008, judging by the reaction today, fans can't wait to do it all over again. [chanting] let's go giants. >> shepard: no parades for the patriots this year. new england players don't walk away empty happened. tourist authority is offering everyone on roster all expenses paid trip down there. it's not disney world but better than nothing. i'm shepard smith. this is "the fox report." it's the bottom of the hour, time for the top of the news. we're a half hour away now from the start of minnesota's caucuses. 90 minutes until colorado's get going. missouri is also voting today sort of more on that in a moment. mitt romney won minnesota in
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2008. this year he is neck and neck with santorum in recent polls, analysts say the state's republicans have become more conservative in the past four years. and one local newspaper describes tonight caucuses as impossible to call. mike tobin is in blaine, minnesota tonight. rick santorum getting a lot of attention there, right? >> and, shepard, rick santorum became the latest target of a glitter attack right as he was walking up to the podium. the attacker says it's because he believes rick santorum hates gays. rick santorum says he doesn't care is he much more interested in the attacks he has taken from the romney camp. >> i find that sort of amusing that any time someone challenges governor romney they bring out the big guns to try to hammer away and, you know, they are pecking on me on earmarks. governor romney supported the biggest earmark in the history of the country called the wall street bailouts. >> just a small bit of polling
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out here shows the trend of santorum working his way into the lead. it's all coming come down who can organize the most people out to the caucus sites. shepard? >> shepard: no doubt. who is still in minnesota, mike? >> ron paul is working the ground here in minnesota throughout the east coast really as he has done throughout the past five years. it's paid off for him. he has developed a passionate falling of -- following of independents. even visiting some of the caucus sites. one guy who hasn't shown up here in minnesota is mitt romney. investigating his time where they believe he will get a better return. shep? >> shepard: rick toe blin for us in minnesota tonight. caused pretty big headaches for the republicans and that has led some critics to call for the old heave who he in favor of a primary system. as you recall last month officials first told us mitt romney had first beaten santorum in raw by but 8 vote. they declared santorum
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actually won by 34 votes. this past weekend it took vote counters in nevada 48 hours to declare romney the winner. even only 9% of registered republicans even bothered to cast a ballot. now there is concern this pattern could continue. trace gallagher with the news this evening and is he live for us. what's the biggest criticism of the caucus process there, trace? >> well, aside from all the confusion with the caucuses, shep, the biggest criticism is they simply take too much time, unlike a primary where you go in and vote and get out. in a caucus you have to go in and sometimes sit for two, three, four hours listening to all the other voters talk about the candidates. because of that time commitment, voter turnout is always much lower at caucuses, take a look at this. in nevada the caucuses had 33,000 voters show up. that's 28 delegates in nevada. that's 1100 per delegate. in florida, the primary 1.6 million voters to their 50 delegates. 33,000 per delegate. here is larry sabato.
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>> the quality of participation is very high in caucuses. the quantity is much greater in primaries. i'm already hearing enough from around the country not just iowa and nevada to know that caucuses are in trouble. and my guess is in 2016, there will be more primaries and fewer caucuses. >> but he adds that iowa will always be a caucus state because they do not want to conflict with the new hampshire primary, shep. >> shepard: there is kind of an upside to the caucus process, right? >> i think the biggest upside is cost. the fact that caucuses don't cost the taxpayers a dime. the state political fearts pay for all of it which is a pretty big deal. california, florida and texas it can cost you upwards of $100 million. and a lot of candidates like caucuses as well because they can be game changers. listen. >> if it weren't for caucuses, hillary clinton would be president today not barack obama. the democrat was going to win
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in 2008. but it was so close between clinton and obama, the difference in delegates was made up entirely in the caucuses. which obama swept in many states. because clinton simply didn't do the groundwork necessary to do well in the caucuses. >> so 8 caucus states remain. they all believe they can learn valuable lessons from the mistakes made in iowa and nevada. shep? >> shepard: trace gallagher live for us. thanks very much. we will keep you posted on the information in missouri throughout the evening. as we reported at the top of this newscast, today's primary pretty much meaningless. delegates on the line. why spend $7 million on an election that doesn't even count there is a good reason. under state law this primary has to be today. but the republic party warned missouri it would lose half its delegates for holding its contest before march the 1st. so the state is holding a kind of pretend primary today. and then real caucuses next month. that's when missouri will start the process of awarding
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52 delegates. i mentioned we will keep you posted on the results throughout the night on fox news channel. and bret baier will anchor a special edition of "special report" live in o'reilly's normal slot. 11:00 p.m. eastern time. 8:00 on the west coast. o'reilly will follow, fear not. there has been a lot of talk about the huge role that the so-called super pacs have played in the primaries. of course, those are the outside fundraising groups that can spend really unlimited amounts of cash to try continue to influence the election, so long as they don't coordinate directly with the campaign. in the past, the president has slammed the 2010 supreme court ruling that helped create super pacs in the first place. even calling their ability to keep donors named secret a threat to democracy. but now they're legal. and the republics are all using them. and with lots of money on the line, the president 'obviously wants his share. for the first time his campaign is actually asking top donors to give to a left leaning super pac. a decision that's fired up at
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least one of his republic rivals. listen to rick santorum. >> it's consistent with [inaudible] focused on not consistency policy, not consistency of values. but consistency of doing things that aren't in the best interests. >> wendell goler with the news live at the white house. it sounds like what they are saying is we don't think this ought to be the law but it's the law for everybody. >> you are right, shep. the president has complained about the amount of money that super pacs raise but his biggest complaint has been that they don't have to disclose the names of their donors. aides say his will, he and the vice president won't actually address the super pac functions and aides that do won't actually ask for money but still it's clear from press secretary jay carney's comments that the president is holding his nose about this. >> is he not saying that the system is now healthy or good.
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he is saying he is making a decision, his campaign is making a decision that the rules are what they are. they will not -- they cannot play by a different set of rules than rubs are playing. >> the president's campaign will almost certainly raise more money than his republic challenger. the super pac may eventually tip the scales overall in the republic's favor not just in their quest for the oval office but in congressional campaigns as well, shepard. >> shepard: what are republicans saying in general. >> we heard republic presidential president rick santorum accuse the president of hypocrisy. speaker john boehner says it's just another broken campaign promise. and missouri senator roy blunt say it's not really a change at all. >> i don't think the president is changing his mind. he may be changing what he is saying. the president holds all the records for spending both government spending and political spending when he ran for president the last time, he spent more money than anybody has ever spent.
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>> meanwhile, it's just not republicans unhappy with the president's decision. former wisconsin senator russ feingold co-anchor of the law that the supreme court overturned said the president is, quote, dancing with the devil because republics like mid romney and his friends have and will spend more money. fine gold predicts the decision will blunt the president's message that democrats care more than republicans about the impact of money on politics. shepard? >> shepard: wendell goler live on the north lawn tonight. more election coverage ahead. the united states gets tougher on iran but tehran says that will not do a think to stop its nuclear program. how this could all cost you when you go to fill up. that's next. plus, there is a story we have been covering really about one of our own. a former finally anchor the current anchor of the fox 5 morning news at our local flag ship station wnyw. the anchor is greg kelly. he also happens to be the son of the new york city police
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commissioner. he was accused of a a sexual assault. there has just been a very big decision in that case. the details as they are coming in from sources to us right after this. ♪ oh! [ baby crying ] ♪ what started as a whisper ♪ every day, millions of people choose to do the right thing. ♪ slowly turned to a scream ♪ there's an insurance company that does that, to liberty mutual insurance. responsibility. what's your policy? ♪ amen, omen are you still sleeping? just wanted to check and make sure that we were on schedule.
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>> shepard: just in tonight the district attorney here in new york confirms to fox news that the son of the new york police commissioner ray kelly, whose name is greg kelly, will not face charges of rape. you may remember greg kelly from his time here at fox news channel. he worked the morning show and covered the war for us. he he is now an anchor at our flag ship station fox 5, wnyw here in new york city. hosts the morning show. last month a woman claims she and greg kelly had drinks. then went back to her office where she said he sexually assaulted her. that was back in october. kelly's lawyer denied her accusations from the very beginning and now fox news has learned the district attorney will not charge him with any crimes.
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greg kelly has been on leave since that incident. he has not been back on the air. greg kelly is a marine and, as i mentioned, was a reporter for us for quite some time. no word on when he will be back on the air. but the wnyw fox 5 news, new york anchor greg kelly will not face charges in connection with a rape allegation. that's according to the district attorney here. well, the government of iran today dismissed as propaganda the latest round of economic punishments that the united states has imposed on the islamic republic and insisting the penalties will do nothing to halt their nuclear am its abouts. as you may know, the white house yesterday ordered harsh new measures against iran's central bank, freezing assets, restricting new businesses. that sort of thing. it's intended to further isolate iran from the rest of the world. and folks in the region are watching this very closely. israel, for instance, is less than a thousand miles away. of course, some critics argue the punishments may not stop a nuclear weapons program then
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again iran denies that it has a weapons program. but one side effect may be all the notice very soon higher oil prices. jennifer griffin is at the pentagon. will these penalties stop the israelis from launching an attack as was said that they might? >> it's really unclear, shep. and yesterday the president said he did not think that israel had yet taken a decision whether to militarily strike. israel's foreign minister was here at the state department and on capitol hill meeting lawmakers today. why want to talk about iran and iran and then when we are done talking about iran and iran. we are going to talk a little bit more about iran. >> iran's foreign ministry spokesman dismissed the new u.s. sanctions announced on monday as propaganda, part of the, quote, psychological war, shepard. >> shepard: none of our oil comes from there but a lot of europe's does and now iran is threatening to cut europe off. >> that's right. that's in response to the new sanctions and the european oil
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embargo that goes into effect in august. the price of benchmark crude has done gone up 1.50 a barrel n response to all of this today. also, in tehran, very interesting development the parliament for the first time since the 1979 revolution has summoned the country's president accusing him of mismanaging the economy appearing to look for a scapegoat for the state's economic whoas. the state department accused the harassing the a bbc reporter and her family. >> this is quite a horrific story of iranian authorities going into the apartment of the sister of a london based bbc correspondent, forcing her to skype with her sister and then using the skype opportunity to try to interrogate this bbc reporter in london. >> behavior by a regime that is acting as though it is
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increasingly cornered, shepard? >> shepard: jennifer griffin at the pentagon tonight. thank you. fox news has been following the rebuilding of the world trade center site in lower manhattan, if you have been to this city, you know how it is rising in a huge way. there is word today that the costs are frankly getting out of control. auditors say the estimated price tag has jumped by roughly 35%. bringing the cost of this project to nearly $15 billion. the auditor is calling the new york and new jersey port authority, quote, a challenged and dysfunctional organization suffering from a lack of consistent leadership, insufficient cost controls, and a lack of transpatient and defective oversight. the port authority's new director says the agency takes the audit seriously. the feds are looking into a university's decision to offer the morning after morning contraception pill by vending machine. what school officials have to say about this coming up. for the ultra-wealthy.
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letter from the archbishop to leads the military's arch catholic diocese. resistance to the new rule in the president's health care overhaul. a rule that requires most employers which could include catholic hospitals and universities to provide birth control to female workers. catholic leaders say the requirement violates their religious freedom. james rosen has the update from d.c. tonight. exactly what did that letter say, james? >> shep, archbishop timothy called the hhs ruling an
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aserious assault on religious liberty. blow to freedom you have fought to defend and for which you have seen your buddies fall in battle the clergyman wrote to catholic service perch nell. we will not comply with this unjust law. archbishop voluntarily removed that last line even after john mchugh overruled rutherford urging military men and women to break the law. nearly 300,000 catholics are serving on active duty. roughly 20% of our armed forces by this evening. controversy had spread from the white house and hhs to armed forces worldwide and boomer rang back to the floor of the united states senate. >> what this is really about is what it needs to be about. women and their health care needs. not partisan politics. not- >> -- this is a huge mistake that i hope the administration is currently reconsidering if
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they don't, congress will act. >> white house late tonight pushed back against some reports elsewhere in the media suggesting that mr. obama was blinking and preparing to resource course on this. it will work with the catholic church to asswage its concerns when this does get implemented, shep? >> james rosen in d.c. newt gingrich and rick santorum both, you know, point out that mitt romney isn't much different than president obama when it comes to contraception. in fact maybe not different at all. here is the former house speaker today in ohio. >> the fact is that governor romney insisted that catholic hospitals give out abortion pills against their religious belief when he was governor. you have a very similar pattern again. over and over you get the same pattern. i think the massachusetts moderate finds it very hard to draw a sharp contrast with somebody who is an illinois radical. >> a spokesman for mitt romney tells fox news governor romney stands with the catholic bishops and all religious organizations in their strenuous objection to this liberty and conscious stifling
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regulation. he is committed to repealing obama care entirely. >> a university in pennsylvania has a morning after pill vending machine. and now the food and drug administration is looking into that. plan b as they call it is an emergency contraception pill available without a prescription to anybody 17 years or older. a statement from shippensberg university reads in part, quote: according to our records all of our current full-time students are 17 or older. the machine is in a private room in our health center. and the health center is accessible only to the students. the f.d.a. reports it just caught wind of this and that it's contacting pennsylvania state authorities and the school officials. u.s. health officials have just put out their list of the saltist foods and biggest offenders may surprise you. caucus night again. voters in multiple states have their say. on a science adventure.
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>> shepard: updating breaking news in this hour. now we know why the district attorney has decided not to pursue rape allegations against the police commissioner's son and fox news anchor greg kelly. a spokeswoman for the d.a. says teams reviewed text messages and telephone records and interviewed witnesses and in the spokeswoman's words after reviewing all of the evidence we have concluded that the established facts do not constitute a crime under new york criminal law. as i mentioned earlier, greg kelly currently co-anchors the morning news at our flag ship station wnyw fox 5 in new york city. still no word on when he will be back in the air. lay off the salt already. the centers for disease control and prevention is reporting nine of every 10 americans get too much sodium each day and warning that could help trigger strokes or heart disease. and if you thought all that salt came from potato chips, think again. the cdc reports we get most of our sodium from bread and rolls because we tend to eat a lot of that every day.
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cold cuts and deli meet make up another source of the study. pizza rounds out the top three. and on this day in 1812, the novelist charles dickens was born in britain. birthplace small house in the coastal city of portsmouth. he spent his childhood working in a boot polish factory but dickens would none the less go on to become one of the most celebrated writers in history. one of the first celebrity authors and used his fame to campaign for social justice. a christmas carol, a tale of two cities oliver twist among his best two works. today in london he cut the birthday cake for a literary titan born 200 years ago today. and now you know the news for this tuesday, february the 7th already, 2012. and on february the 7th, it's 50 degrees in the canyon of heros as big blue came up broadway. 50 degrees. we haven't had anyno

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