we make mistakes, but it's how we rebound, how we recover from those mistakes. and luckily, i've evolved into a better person. - ♪ . the government's new vaccine mandates for private companies tonight, sorting through the questions and confusion. i'm shepherd smith this is the news on cnbc backlash over vaccine rules. businesses demanding answers from president biden as the plan for covid boosters faces a new hurdle texas bracing for landfall tropical storm nicholas gaining strength and closing in. >> right now we're getting ready to head back and pack up and head back to louisiana governor gavin newsom getting help from president

biden on the eve of california's recall election, as his republican opponent faces this question >> no matter the results of the election tomorrow, will you accept the results are legitimate in the hot seat, lawmakers grill the secretary of state over america's withdrawal from afghanistan. what went wrong? and what's the plan going forward? lawmakers briefed on a concerning j-6 rally north korea test fires its first missile in six months. around the booming business of music therapy for pets. luive from cnbc, the facts, the truth, the news with shepherd smith >> good evening. the president facing new questions and push back tonight about his plan to get more americans vaccinated president biden says the labor department will require employers with more than 100

workers to enter mandate vaccines or require employees to get tested weekly. the head of the consumer brands asocial sent a letter to the president asking for more clarity about the rules. it represents titans like amazon, khouw ca cola and others what are the consequences if workers fake their vaccination status are companies or employees responsible for paying for covid tests and how will booster shots affect the plan? businesses are trying to figure out how to follow the new rules. how to remain open and keep safe and people safe. systems face similar challenges. the nation's largest school system in new york city. it had a roughly million students return to classrooms today. most of them for the first time in 18 months but the moment was shadowed by caution and concern. covid cases among kids continue to rise, all across the country. and in some states, schools have

already persistivoted back to r learning a group of international scientists says booster shots are need needed for the general public right now, because the vaccine still offers strong protection against severe disease. the green includes officials from the fda and the world health organization. rah fir first, what did the labor secretary of state tell you? >> he said it's going to take a couple weeks for the agency to write all these new rules. i sat down as part of the capital exchange event and asked for response to the mounting opposition to the mandate. what would you say to republicans or business groups that say this is a government overreach. >> it's not about republicans.

it's not about businesses. it's about everybody quite honestly, i think businesses will welcome it this should not be a political issue. >> reporter: recent polling shows a majority of voters agree with him 62% want employers vaccinated or tested economists predict many workers will comply. goldman sachs estimates 12 million more people will be vaccinated by next spring because of the new rules even if some people end up leaving their jobs am i asked secretary walsh if companies will have to fire workers who won't get vaccinated or submit to testing he was non-committal >> we will be looking at all the different situations we're working with companies now. >> reporter: the white house says that businesses could face a penalty of $14,000 per

violation for not complying, fwhu bu in florida, the governor is vowing to slap a fine on those that do. >> if a government agent anythe state of florida forces a vaccine as a condition to employment that violates florida law. and you will face a $5,000 fine for every single violation >> reporter: so shep, businesses also want to know, who's going to pay their legal bills, because a vaccine mandate will definitely be challenged in court. >> thanks, and we'll watch more of your interview with secretary walsh. you can register at cnbc events.com/capitol exchange. america's largest school district kicked off the new school year with no remote options for students that's a major change for new york city. last fall, most students chose to stick with remote learning. they are taking necessary steps

to keep kids safe. but as the delta variant spreads some parents worry that may not be enough. in the bronx, here's rehema ellis. >> reporter: the first day back to school for in-person learning for all new york city kids was filled with excitement and concern. the number one concern, how to keep kids safe, while 65% of 12-17-year-olds have voluntarily gotten their first dose of the vaccine, it's required for kids playing in contact sports. this differs from some other parts of the country in los angeles the vaccinations for kids are required for all eligible students. new york on the other hand is only mandatory masks and vaccinations are required for all school staff >> let's not be governed by fear i'm appealing to all parents right now. work past the fear, help your kids move forward. help your kids be safe and healthy in one of the safest places in new york city, our public schools >> reporter: some teachers are opposed to the vaccine

requirement and some parents would like to have an option for remote learning. they worry that an old buildings in new york city and crowded classrooms there's no room for social distancing. as a measure to keep kids safe shepherd >> a fda advisory panel scheduled to meet on friday to review data about booster shots. if they give the green light, some americans could get extra doses as early as next week. but a group of leading scientists are pushing back. the experts argue the vaccines should go to billions worldwide who have yet to receive a first dose break down the letter if you could, meg >> it's capturing a lot of attention for a couple reasons first it flies in the face of the u.s. government's plan to start offering boosters broadly next week. health officials last month said pending signup from the fda and cdc, boosters will be offered to americans eight months out from

their second dose. and this only applies to those who got pfizer and moderna ashot for j&j will come later. janet wood cox saidthe following. the authors of the letter which was published in "the lancet. they announced their planned retirement this fall in part because frustration over how the u.s. has handled the plan for the booster shots. in the letter, they and 16 other scientists from the world health organization and universities across the globe looked at the available studies on the vaccines and concluded that protection is holding up so they say there's currently no

need for boosters for the general population now the fda is saying tonight that the views of the authors of the letter don't represent the views of the agency. all of this comes before a key meeting friday of the fda's outside advisers on pfizer's booster. peter marks addressed it today >> i am fully confident when people come and tune in on september 17 and witness the israelis presenting their data and other data being presented that there will be a good rationale for why boosters might be necessary >> now headded nobody has pressured the fda on the decision shep meg tir rell, thank you. tropical storm nicolas hello, meg just nine miles an hour shy of a hurricane now. it's gaining strength as it takes aim at texas tonight this is a live look at the pleasure pier in galveston,

texas. not too much to see just yet but clouds and rain are rolling in national hurricane center warning the storm could bring, get this, 20 inches of rain in some areas life-threatening flash flooding and storm surge possible it warns. the system set to hit some of the same areas that hurricane harvey devastated four years ago. in louisiana, the governor also declared a state of emergency there because it is set to hit there next before going into mississippi and alabama. many areas are still without power two weeks after ida hit. flooding could be worse because of the damage left behind by ida. michelle grossmann with us tracking the storm one of the concerns here is how slowly the thing's moving. >> yeah, hi there, shep. we're going to see it moving very slowly. remember a tropical system is like a sponge.

it gets wrung out. we're looking at again, another system that's going to bring life-threatening flash flooding. we do have alerts all along the coast in texas, parts of louisiana, too still a hurricane watch in some spots. we could see it reach hurricane status, although it's becoming more unlikely. it's getting closer to landfall, later on tonight into the overnight hours. still a very strong tropical storm moving pretty quickly right now. then, it's going to put the brakes on once it reaches landfall, just like other systems we've seen all season long it's going to move painfully slow that's the reason why we're going to have problems with rainfall by 1:00 on tuesday, it's parked over houston, and we know how easily houston does flood. we're going to be really watching that over the next day or two and we're already starting to see the winds gusting. water rising, but the legacy with the storm will be the

rainfall >> all right, thanks so much, we'll keep an eye. there was an arrest in the nation's capital today police stop add stopped a man with a machete, bayonet and knives what officers said he told them he was doing lawmakers bracing for the j6 rally this week. the response and concerns from capitol police and for the first time, declassified documents from the fbi's 9/11 investigation are released what they reveal about saudi arabia and the questions that remain the facts, the truth, the news with shepherd smith, back in 60 seconds. and along the ride, you'll have many questions. challenges. and a few surprises.

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they say he told cops he was on patrol and started talking about white supremacy ideology they arrested him after an officer spotted his truck covered in swastikas and white supremacy symbols. it had an american flag instead of a license plate when the officer pulled him over he spotted the bayonet and machete in there, both are illegal in d.c the arrest comes on the same day the capitol police briefed on the justice for j6 rally far right extremist groups say they're planning to head for the capitol this saturday. they say they're demanding justice for people charged in the january 6 insurrection after the briefing today senate majority leader chuck schumer said he thinks this rally will be different than the riot and insurrection nine months ago. >> they gave us a good briefing. they're handling this in very professional, thorough way, and i think they're much better prepared than things were before january 6th. >> the capitol police chief confirmed they do plan to set up a fence around the capitol ahead of the rally much like they did

after january 6th. we have a former consultant to the department of homeland security on countering violent extremism. thank you for being here this is a permitted event. organizers claim it will be peaceful and congress won't be in session, yet police seem to be taking no chances what does this say about the threat of domestic terror in our country? >> look, it's rising we have seen chatter on the internet not just on facebook or twitter but applications like gab. we've seen it on messaging application, on signal and on telegram. >> what's that >> specifically we've seen people talking about each other. we've seen people talk about bringing materials we've seen people talk about -- >> bringing materials? >> yeah. you know, wearing certain type of garb. angry, frustrated. >> just so i understand what you

mean wearing certain type of garb, do you mean like kevlar vests or helmets? >> kevlar vests. kevlar vests. >> sounds like they're coming for a fight. >> well, you know, look, in the past we used to look at some of these things as just online chatter. sometimes we -- in the past we've ignored it, but since january 6th we just can't anymore. the proud boys just issued something on twitter earlier today basically saying that this is an fbi sting operation. don't come this is, you know, some people will get arrested. this is a hoax so it's -- in a way they're trying to put out something that says this isn't important. don't do this anymore. we don't know anymore. in the end we're seeing a lot of chatter, a lot of confusion. the intelligence organization have not made this a specific threat or credible threat, but we can't take chances. >> right understood.

>> post january 6th this has to be taken seriously. >> over the weekend president bush compared this to the 9/11 terrorism. >> there's little cultural overlap between violent extremists abroad and at home. but there's disdain in their disregard for human life, in their determination to defiel national symbols they are children of the same foul spirit. >> children of the same foul spirit now former president trump fired back today saying president bush shouldn't be lecturing anybody isn't the comparison an appropriate one? >> very much so. look, at the end of the day if you're not for pluralism, as president bush has said, if you don't have disregard for life, what we saw on january 6th, then it becomes very difficult to live in an open society that we do the kind of chatter that we're seeing becomes very difficult to

distinguish between what is real and what is not and so every threat has to be taken very seriously. you're seeing the fence that goes around our capitol and we can't -- we can't have this kind of an environment. we're seeing this across capitols in the united states not just in d.c. >> thank you for your time tonight. did saudi arabia's government and their operatives for the government provide any support to the 9/11 hijackers? victims' families and survivors have long wanted to know now the fbi has released newly declassified documents from that investigation. the 16-page memo still heavily redacted and it does not provide any smoking gun. it is but the first of what's expected to be a series of declassified reports after president biden ordered the review and release of more documents. the memo describes a 2015 fbi interview with a man previously worked at the saudi consulate in

los angeles and had frequent contact with saudi nationals they provided significant of the hijackers it reads president biden has been under inte logistical support to two of the hijackers it reads president biden has been under intense pressure from the families of 9/11 victims to release classified documents that they claim may show a link between the saudis and the attackers. the saudis have repeatedly denied any involvement. it was the press release heard around the crypto world. one that claimed a major big box store was accepting litecoin the problem is, it wasn't real. coin the problem plus, california governor gavin newsom set t get support from president biden tonight as he tries to fend off a recall election. the latest polls and what his republican opponent is saying on the eve of the vote. as right fo. no. nope. no way. but then helen went from no to know

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uncontrolled fire season means climate change is a reality america can't ignore anymore he pushed for the climate change resilience included in his $3.5 trillion spending plan >> it's not a democrat thing it's not a republican thing. it's a weather thing it's a reality it's serious, and we can do this we can do this in the process going back, we can create jobs. >> the president due to speak at any moment now in this location in sacramento. he's expected to continue drumming up support for his plan but his biggest stop in california stumping for the governor, gavin newsom, who could be ousted from office in a recall election. a recent poll shows the governor well ahead polls aren't votes and his opponents are not backing down here's cnbc's scott cohn >> california, this race matters! >> reporter: gavin newsom is taking no chances. a campaign blitz in the final

hours including the democrat's biggest guns. >> hello, californians, you've got a big choice to make by september 14th. >> reporter: president obama on tv. >> today we fight for gavin newsom >> reporter: vice president kamala harris visiting last week, and a rally with president biden tonight. a poll says newsom has little to worry about. likely 60% oppose the recall they're taking a page from president trump's 2020 playbook, led by trump himself does anybody believe the california recall election isn't rigged, he said in a statement in an interview on msnbc, elder would not commit to accepting the results.

>> let's both work together on both sides of the aisle to make sure the election is a fair election let's all work together to find out whether the election tomorrow is a fair election. let's all work together to do that >> that is not a commitment to accept the results of the election tomorrow. >> reporter: it was always going to be a long shot, making the race less about this race than how things might emerge. >> i think we might see things that get spun into the narrative going into 2022. >> reporter: 2022 is when the next election for governor is along with midterms. as you watch now, governor newsom speaking live in sacramento, the president behind him. a big rally planned for later tonight. if newsom can win convincingly tomorrow it could make him seem invincible in the elections next we're and could provide a road map for democrats talking about things like covid mandates if he does not do well tomorrow or does not live up to

expectations, that could make him seem vulnerable. for the republicans, they could learn some lessons if they lose, about what it takes to compete in a state where they have not held one statewide office in 15 years, or they could argue that the election was stolen. she left new york with her fiance on a cross-country trip now the 22-year-old from long island is missing. her parents pleading desperately for any information as the mystery of her disappearance deepens. and secretary of state tony blinken told congress america inherited a deadline in afghanistan but not a plan that, they should say, will not stop the tough questions, as we approach the bottom of the hour and the top of the news on cnbc.

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retail sales are expected to rise more than 7%. in store shopping set to make a major comeback this holiday season the forecast, up more than 6% from last year online shopping expected to grow by more than 7%. cnbc's courtney ragan now. what's driving the sales and what's topping the wish lists? >> reporter: hi, shep. good evening there are a number of factors pointing to a very happy holiday season not all guaranteed to be smooth sailing. courtney, is the contie 40holids a tren is strong, despite the covid delta variant. by and large u.s. consumers have been spending. >> i think what you're seeing, courtney, is the continuation of a trend you've seen over the last several months which is a very strong, healthy consumer. there is a pent-up demand. savings rate is high stock market is performing extremely well the consumer wants to get out and shop >> reporter: if you like shiny, expensive gifts, you might be in luck if you're on the nice list. luxury goods sales expected to

grow more than 90% that's not including jewelry jewelry sales are expected to sparkle on their own predicted to grow nearly 60% clothing is likely to top wish lists, especially as americans start leaving home again while there's 102 days until christmas, experts say santa better get started early retailers are working hard to keep enough merchandise in stock to meet demand the world's factories and ports are seeing intermittent shutdowns. 52 ships waiting to unload goods at the port of l.a. but ports are packed there aren't enough truckers to move merchandise from ports to warehouses or to stores. it's only expected to get worse the closer we get to christmas. >> courtney, thank you. how some facebook members are getting the vip treatment. that's what's topping cnbc's on the money. millions of facebook's vip users white listed from its

standard moderation practices. that's according to the reporting in the wall street journal. what it means is this, certain influencers have been getting away with posting content that most users would have had taken down a facebook spokesperson telling the journal the company is now phasing out white listing. walmart forced to deny it was going into partnership with a cryptocurrency litecoin. globe news wire issued what turned out to be fake news release this morning saying walmart partnered with litecoin to accept it as a payment method the announcement sent it skyrocketing by 33%, that is until walmart put the kibosh on the whole thing.ole thing. the company spokesperson sai it's in touch with the news at the company while investigating how it was posted. turns out our toilet paper isn't the only paper shortage. r from couples sending out wedding

invitations to teachers passing out tests, there's a shortage of all kinds of paper the delta variant surge blamed in part along with a worker shortage, slowed production and increased costs. hello. on wall street, the dow up 262. s&p up 10. nasdaq down 10 i'm shepard smith on cnbc. it's the bottom of the hour. time for the top of the news north korea back at it test firing new long range missiles tonight how the white house is responding an appeal in a major legal fight between apple and the maker of fortnite. and lawmakers demand answers from the secretary of state. secretary tony blinken testifying before congress for the first time since america's chaotic withdrawal from afghanistan. secretary blinken telling lawmakers that the white house inherited a deadline to withdraw without any plan from the trump administration he insists the trump

administration's deal with the taliban left them with two options, pull out or send in more troops, escalate the war, and take casualties. >> there's no evidence that staying longer would have made the afghan security forces or the afghan government any more resilient or self-sustaining 20 years and hundreds of billions of dollars did not suffice, why would another year, another five, another ten? >> but republican lawmakers on the committee are pinning all of the blame on the biden administration calling the afghanistan withdrawal a debacle, a disgrace and a betrayal >> this was an unmitigated disaster of epic proportions i never thought in my lifetime that i would see an unconditional surrender to the taliban. >> secretary blinken says nobody in the u.s. government predicted the country would fall so rapidly to the taliban while u.s. troops were still on the ground nbc's sahil kapur.

>> reporter: a contentious hearing went on for 5 1/2 hours. just ended moments ago with chairman gregory meek, the democrat, wrapping up. as you just showed there, blinken gave a full throated defense of the biden administration's decision to withdraw troops. said it was the right decision and argued that staying longer would not have made a fundamental difference he talked about all that the biden administration inherited including a deal that former president trump made with the taliban that a number of democrats also pointed to, said it weakened the afghan government the republican criticism was fierce you saw some of the words you played there they called it a disgrace. said it was fatally flawed poorly executed. ranking member mccall called it a betrayal other republican congressmen said blinken should resign it wouldn't surprise anyone to hear that he did not take them up on that

this is going to be one of several hearings several hearings the next one i that blinken has to do the next one is before the senate foreign relations committee where he should expect a series of tough questions. shep >> sahill, thank you. o former united states air force officer who serves on the house foreign affairs committee, congresswoman, thank you secretary blinken noted that the biden administration inherited a deadline but not a plan. so then why leave? >> so first of all, thank you for having me. i will give a little bit of a push back. i found the hearing to be contentious certainly in places but a lot more bipartisan than i thought it would be. i thought that there were good questions on both sides, some that were obviously pretty provocative and deliberately so but most that were thoughtful. i think we were all trying to get to truth, reality. i would say it's somewhere in between the narrative that came out of secretary blinken and what you described as a full throated defense of being handed a time line and the narrative

that comes out of the democratic side which is, hey, listen, this administration was handed a fully baked plan but no execution -- time lines with no execution. so there's something in between that's truth and that's our job in terms of oversight, to be able to understand where the truth is and to be able to ask those critical questions. >> do we know if anybody said, hey, taliban, can we get a couple more weeks here because we need to get our people out, with our military on the ground can we extend a wee bit? do we know if that happened? >> that was some of the line of questioning i asked, was trying to understand, granted, that this administration inherited the trump administration's plan, and i will give the biden administration the fact that there were some pretty destructive things that were done in that plan in terms of negotiating with the taliban and not including the afghan government in their plans but also we determined, this administration determined that september 11th was the time line we were moving forward on and this administration determined august 31st was the time line they were working toward

that cooked the books in some ways in terms of what we were able to do and the time lines we were able to do it we needed to withdraw within that time line i think as a consequence some of those decisions ended up making it harder for us to be able to get out elegantly and properly and making it harder for us, frankly, to ask for that additional time. >> congresswoman houlihan, we'll be watching tomorrow. north korea said it launched long range missiles that could strike japans that could it's the hermit kingdom's first known missile test in six months today the white house said it remains prepared to engage with north korea even after the launch in beijing here's nbc's janice mackey frayer. >> reporter: they've tested long range missiles so it doesn't violate the rules.it doesn't violate the rules. but what it does it signals that north korea continues to make advances in its weapons development making

powerful new weapons that have the potential to carry nuclear warheads and doing it all despite sanctions, covid and food shortages what we know from north korea media reports, these missiles reportedly hit their targets 900 miles away, apparently flying two hours even doing figure 8s as they changed trajectories all of it saying they could reach targets anywhere in japan. the other thing that was noted, they went undetected by south korea and the u.s. now these tests play into an arms race that has been intensifying here for several months south korea has been building up its arsenal as well. it should be noted kim jong-un was not at the tests as he normally is and news of the tests was carried on page 2 of the local newspapers so there are some experts that are stepping back and suggesting maybe this isn't the message to the wider world but the tests were done to shore up domestic support and boost morale, much

like what we saw with that nighttime parade last week the implications, of course, are wider. north korea is not a new foreign policy challenge for the u.s there is some urgency for president biden tonight. >> the family of a missing 22-year-old woman is now pleading with the public for help finding her investigators say gabby petino was living the van live with her fiancee road tripping across the country in a 2012 ford transit van. they began documenting their travels on a youtube channel about three weeks ago. but her mother says she hasn't heard from gabby since august 30th valerie castro is following this >> shep, it's been two weeks since gabby's family said they last heard from her in a text message but even longer since they last spoke to her on the phone. she and her fiance were on a cross-country road trip living out of their van and posting the adventure on social media. they left from her mother's home

on long island and made it to utah by august their next destination was grand teton national park in wyoming t teton national p but then communication with her daughter became infrequent one last text message. no phone calls at first she thought it was because of bad cell phone reception but now too much time has passed without any word from her and they reported her missing from police over the weekend. >> gabby's 22 years old. she's an absolutely beautiful, beautiful soul inside and out. she's incredibly artistic, creative, loving, caring, free spirited. >> we love her very much we miss her. we want her to come home >> the most puzzling part of all of this is that the van and the fiance are now accounted for gabby's relatives claim he drove it home to florida alone that is where the couple has been living in the last few years. at this point the police will

say the van has been recovered they've given no details where it has been found. they are asking for information in this case but they haven't made any statements connecting the fiancee to the disappearance. >> thank you. at the height of the pandemic, hospitals forced to cancel procedures because of the covid crush. now it's happening again next, the hospital planning to turn away moms in labor. ♪ [band plays] ♪ a place where everyone lives life well-protected. ♪♪ and even when things go a bit wrong, we've got your back. here, things work the way you wish they would. and better protection costs a whole lot less. you're in good hands with allstate. click or call for a lower auto rate today. since suzie's got goals, she'll want a plan to reach them. so she'll get some help from fidelity, and she'll feel so good about her plan,

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covid watch. a hospital in upstate new york saying in less than two weeks it will temporarily stop delivering babies the reason, employees quit their jobs over a vaccine mandate. it's happening at lewis county general hospital in loville, an hour and a half northeast of syracuse so far administrators say 30 workers have quit and that 165 others are still undecided hospital officials warn other departments there are at risk as well if workers don't get vaccinated meanwhile, hospital beds are

filling up in states with low vaccination rates. it's not affecting just covid patients this is ray demonia. two weeks ago he died of heart problems at a hospital in mississippi. his family said emergency staffu from his local hospital in alabama reached out to 43 icus across three states. only one hospital, 200 miles away from his home, had a bed available for him. he was just three days away from celebrating his 74th birthday. same story in idaho where covid is pushing rural health facilities to the brink. the situation so serious that some hospital patients are being treated in hallways and converted conference rooms rooms here in idaho, here's nbc's shaquille brewster. >> reporter: they say it is getting bad and only getting worse when you factor in high transmission in this community one in every four people who go to get a coronavirus test are coming back with a positive result

a rise in cases is usually followed by a rise in hospitalizations at a point when doctors say emergency rooms are full hospitals are in crisis here they're considering rationing care you have state officials saying and warning residents to be extra careful during basic activities like driving or biking to avoid filling the emergency rooms more than they already are. there's also a crunch in staff in these hospitals you have the department of defense sending reinforcements here also national guard being activated. i want you to listen to what a health director in this community told us about not only the surge they're seeing but what they fear can happen later. >> the school beginning, we haven't even felt the full effects of the labor day holiday and people traveling and then on top of that just winter coming, people are being pushed further into indoors, spending more time in close contact with each other. we expect this not to get any better unless our community takes action >> reporter: we continue to hear how it's impacting the

unvaccinated population. disproportionately more than 90% of hospitalizations are unvaccinated. if you have an iphone or other apple product, security problem. apple releasing a number o emergency software updates after they discovered a flaw in their software that allows hackers to spy on their victims they're using new spywear called pegasus. hackers can infect it without tipping you off. they can use it to turn on cameras and microphones and record e-mails, text messages and calls. "the new york times" reports the cybersecurity watchdog citizen lab found that an israeli software company used the technology to hack into a saudi activist's phone and others. apple confirmed the flaw and issued a security fix. you can update your i0s for iphone, ipad and mac right now.

iphone, ipad and mac right now. fortnight, video game make epic games appealing a ruling in a major legal battle against apple. at the heart of the case, a 30% commission that apple normally gets from app developers last year epic games tried to by pass that fee by trying to get users to pay them directly instead of through the store as a result, apple booted the game off the app store and laws later ensued in a ruling on friday a federal judge ordered apple to allow developers to offer in app purchases to users but the judge rejected epic games allegation that apple ran an illegal monopoly on what happens next, here's cnbc's julia boorstin. >> reporter: shep, this case could drag out for years with epic's appeal, legal experts predict apple will appeal. both companies taking issue with part of the ruling in the meantime, voices from both sides of the aisle on capitol hill are taking this as an opportunity to push their antitrust legislation. senators richard blumenthal, bl,

senator marsha blackburn senator blackburn and amy klobuchar say this is a start but not enough klobuchar said, quote, we need to pass federal legislation on app store conduct to protect consumers. promote competition and foster innovation what the bill aims to do is give consumers more time to allow third party app stores and payment services and to advertise lower prices outside the app store. now companies other than epic have come out in support of the ruling and also the legislation. they will benefit if they don't have to share a cut of their subscriptions with apple or google spotify saying, quote, this and other developments around the world show that there is a strong need and momentum for legislation to address these and many other unfair practices, which are designed to hurt competition and consumers. match saying apple and google's only end when we bring our laws

into the digital age, as south korea did last week. south korea just passed a bill banning app store creators to make them use only the monopolistic practices wil only end when we bring our laws into the digital age, as south korea did last week. south korea just passed a bill banning app store creators to make them use only their payment systems. we'll have to see if the u.s. comes next shep >> julia, thanks. pet anxiety. veterinarians say it's a real condition triggered by storms, separation and fireworks one company's remedy use music instead of medication. this frazzled feline may need it. after dangling from the railing of the hard rock stadium the hail mary by fans in the lower deck. and you can try fighting windmills, but we all know how that story ends. in the minnesota farm welcoming them with open arms and plenty of wd-40 reason, or fun. daring, or thoughtful.

sensitive, or strong. progress isn't either or progress is everything.

the biggest play of the university of miami's home opener on saturday happened in the stands check this out that's a cat hanging in the upper deck hanging on to a piece of fabric as fans scream in disbelief. as the fan tries to reach down, one paw precariously clawing on it that happened. plummeting to the stands out of nowhere an american flag appeared the cat safely landing on the star spangled folds and the crowd, well, they went wild. miami fans who brought the flag talked to fox about what might be the biggest save of the season >> we could see the butt of an animal we couldn't tell what kind of an animal it was. we take the flag with us to each game and she zip ties it to the handrail in front of us. >> another fan lifted the cat

like simba from "lion king." it narrowly a voighted catastrophe.y a voighted up next for the cat with eight lives. treatment for any anxiety from the fall. anxiety is a real concern for pet owners, especially as workers head back to the office, right? 80% of dog owners are concerned about their pet's anxiety when they go back to work or travel 70% say they have anxiety thinking about being away from their dogs according to a survey from rover.com one woman has this idea that might help ease the transition here's cnbc's andrea day ♪ ♪ >> reporter: janet marleau used to perform for people, but today she makes music for dogs like driz, a rescue with anxiety. >> we stopped walking in our neighborhood because we would pass people and he would just panic. >> he just charged the front door wherever he thought he'd

hear the noise or the window. >> reporter: until he started listening to janet's tunes. >> all of a sudden he'll lay down on the floor, put his head in his paws and relax. >> reporter: how does it work? >> it's original music modified by frequency and decibels levels they love hearing the longest sounding phrases that can go on forever. that puts them in a state of balance. >> reporter: it's called pet ass acoustics. special tunes loaded into this special speaker for dogs, cats, horses, even birds janet says sales shot up 70% during the pandemic. >> good boy. now people are going back to work and the issue is separation anxiety. before you leave the house, you put the music on for five minutes and you know that your dog is going to be feeling calm

and safe all throughout the day until you come home and take them out for a walk. >> reporter: and, shep, janet says dogs have such, such sensitive hearing that super high, super low notes really stress them out so what she does is she takes all of those sounds out of her music and that helps keep them calm and happy shep >> would it work on humans >> reporter: i think so. it sounds like spa music but my producer or photographer alex just told me he likes metallica to go to sleep whatever calms you down, shep. >> whatever works for you. andrea, thanks. at a small farm in jasper, minnesota, the windmills have gone wild. 44 and counting. some dating all the way back to 1880 one windmill dug up in california another shipped all the way from china. but it's the 43 foot windmill terry ronman built herself local coverage from nbc care 11 and their reporter

>> reporter: the wind fueled prairies of pipestone county, minnesota, offered grand views of grand turbines. but a few turns down a back road and you'll also find their grandparents >> this is where it started? >> yeah, that's right. >> reporter: terry rodman plants old windmills like crop farmers planted form. >> this is plant corn >> this is an iron turbine >> this one dug out of a grove of trees in california. >> probably early 1900s. >> this one -- >> they call it bright. >> reporter: even rarer. >> this is the only one in captivity. it was found in a windmill pile in southwest texas >> reporter: and this one, perfect for a farmer afraid of heights. >> so they don't have to climb the ladder to get up to degrees it >> reporter: don't come to the rodman windmill farm expecting a quick tour. >> that's the problem, there's a

story for everyone of them. >> reporter: a problem for which kris rodman can blame herself. it was kris who started her husband's wheels turning with a simple request for a small, decorative windmill to celebrate her dutch heritage. >> first one. >> reporter: she got all 43 feet of this. >> yeah, my idea to have a little windmill -- i said, if we're going to have a windmill, we're going to have a windmill >> reporter: then over the next 43 years popped up 50 more with some 53 awaiting resurrection. >> yeah, it gets in your blood so this one came from the netherlands. >> vacation souvenirs are a little different than yours. hav >> i have to have one. that little one is from china. the next one from brazil, argentina, mexico, australia, canada south africa. >> reporter: this windmill terry saw in spain

one of his few replicas. >> i made this out of an oil barrel because i didn't think i wanted to ship all of that rock home >> reporter: that is how the majority of terry's windmills are as american as the sears and wards catalogs that once sold them. >> it's a lot of our heritage. >> reporter: barbed wire may have tamed them but it came of age. have tamed them but it cam in the late 1800s. not for electricity. >> 1880. >> reporter: but to pump water for homesteaders and their cattle terry, a retired welder and blacksmith -- >> nobody does it like this. >> reporter: is perfectly suited for the maintenance he and his friend paul craft perform. the grandchildren now dominate the prairie skyline and also still get their set. for "the news" i'm boyd hooper.

50 seconds lef jas perfect, minnesota 50 seconds left on a race to the finish tropical storm nicolas shy of a hurricane strength as it closes in on southeast texas. the national weather center warning that the storm could bring up to 20 inches of rain in some areas. president biden stumping for the governor, gavin newsom as he fights to keep his job on the eve of election recall. and a group of leading scientists in the united states and around the world has concluded that booster shots for covid are not needed for the general public at this time after they reviewed all of the data now you know the news of this monday, september the 13th, 2021 i'm shepard smith. follow us on instagram and twitter @thenewsoncnbc and check out the podcast on your favorite podcast platform energy is everywhere... even in a little seedling. which, when turned into fuel, can help power a plane.

at chevron's el segundo refinery, we're looking to turn plant-based oil into renewable gasoline, jet and diesel fuels. our planet offers countless sources of energy. but it's only human to find the ones that could power a better future. but it's only human hey kim, with 5% cash back on travel purchased through chase from freedom unlimited, you're always earning! book that hotel kim. because you are worth it. i am worth it! earn 5% on travel purchased through chase, and so much more. chase. make more of what's yours. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪

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