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tv   Happening Now  FOX News  July 10, 2015 10:00am-11:01am PDT

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massi property man. "happening now" starts right now. and fox news alert bob shell. kathleen archettan is resigning after hackers stole the data of more than 21 million people. archuleta went to the white house and resigned and a deputy director is stepping in. we'll monitor two live events. san francisco sheriff set to speak amid the uproar of a woman allegedly at the hands of an illegal immigrant. >> the sheriff will provide more information on the suspect released from custody earlier this year. downtown new york city crowds are cheering on the u.s. women's
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soccer team after their world cup victory. >> donald trump shaking up the presidential race and taking on the mainstream media. howard kurtz on the trump surge and what it means for 2016. >> and firefighters caught in the back draft moments after entering a house on fire. >> i never seen a little explosion like that. and this fire authorities say was probably no accident. >> and liftoff nasa new horizon. closeup look at mruto. >> we don't know what mruto locks like but it is exciting. more on the mist row 3 billion mills from earth. it is all happening now.
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we begin with new details in the murder of a young woman in san francisco. >> i am jon scott. >> and i am jenna lee. the sheriff has come under fire for releasing fran scisco from prison. sanchez is accused of killing kate stein le earlier this month with a gun that was stolen from a federal agent. we hear reports that the san francisco police didn't investigate the theft of the gun until after stienle's murder. >> claudia? >> reporter: that's right, jenna a lot of the finger pointing this weeks directed at the san francisco sheriff for releasing sanchez from jail without notifying federal immigration officials so they
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could deport him. the sheriff about to hold a press conference to set the record state and he will stand by his strict interpretation of the sanctuary city. the request was not enough. long with why he released san dhez the sheriff will have to say why he brought him here. sanchez was awaiting his sixth keportation when the sheriff took custody of hum. it was a pot charge and the charges were dismissed and a big question, what was the point of bringing sanchez back here after all of that time in a city where minor drug offenses are rarely if ever prosecuted. >> claudia, is there any
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indication what we expect from him as we await him stepping to the microphones? >> reporter: he's been defiant and defensive in his actions and said the bureau of prisones and federal agencies should not have released sanchez without putting out an arrest warrant to make sure they got him back. the sheriff is following the sanctuary law that was signed by the mayor. he was following procedure in releasing sanchez because the charges had been dropped. >> we'll talk are more about finger pointing. we are going to talk to iran. we'll return to san francisco as we await the comments from the sheriff. >> we'll have those live. iowa ran is pointing fingers at the united states for bogging down the nuclear talks.
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they say we change our demands. secretary of state john kerry warning that the united states is ready to walk away from the table and iowa ran foreign minister said that is a mistake. >> we are getting information from secretary kerry. that the noeshgdz made progress and there is an atmosphere that is constructive but there are still issues to be worked out. and they will keep at this until july 13th. one of the many deadlines and asking and begging the question what is a deadline in all of this. and the white house is catching criticism for the framework of this deal. back to you. >> rich thank you. >> fox news alert. this is the sheriff explaining what happened in the release of the suspect in the murder of
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kate stein le. >> this is our sheriff's department. welcome to the sheriff's department. we only have one public information officer and so thank you for your patience and flexibility over the last few days. we had intended to hold a press conference yesterday but then i decided that we should postpone it in light of the memorial service for miss stienle and her family and loved ones which is why we are here. i am ross mirkarimi for the san francisco. standing me is my under sheriff fredericko morsha who is the former u.s. marshal for northern
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california. and standing by him and craig corum who is a legal counsel for the sheriff's department. i will set a couple of perimeters if we could. i will give a chronology of events that are of interest to you and your audience because there's been a significant amount of distortion and misinformation or misunderstanding about the sequencingeing of events and us reading and providing documentation that substantates our point of view will help the narrative. after that i will provide some recommendations of where we may want to go from here and then i will take some questions for a limited period of time. i know this is not a comfortable setting for xu based on the
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sizable crowd we'll do our best to upgrade you to a different room later. here we go. first, i don't think any of us can really ignore or dismiss the fact of how we may feel about the tragic act itself. as a father member long- time member over tlo years of our great city and as elected sheriff for the city of san francisco, i find it incredibly sad and incomprehensible that this tragedy is being used as a platform for political gain. we want to set the record straight which is what we have attempted to do in individual interviews, but the scale and demand of the interviews has got to the point we thought it would
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be more efficient for a press conference. again thank you for being here. starting off and think about what we say in the chronology. and we'll look forward to sorting this out. december 1st, i am sorry on december 11, 1995, san francisco court issues a bench warrant for the arrest of mr. lopez sanchez for failure to appear on felony charges of possession, for sale to sale marijuana. bail was set at $5,000. between 1998 and 2011, lopez sanchez was sentenced to federal court i am sorry, he was
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sentenced to federal custody four times. according to ice in that period of time and beyond that period of time. he had been deported from the united states five times. on march 23rd moving forward, 2015 the san francisco sheriff's department received a telephone call from the federal bureau of prisones in victorville, they called us first and we'll present the log and warrant log sheet where the call came in. federal bureau of prisones requested conif you rememberation for an outstanding 1995 felony warrant for lopez sanchez for possession of marijuana and sale of marijuana. based upon the federal bureau of prison's request to confirm that the warrant was still in effect in san francisco, the sheriff's
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department followed established protocols whenever a warpt and a bench warrant, not a da warrant. when a bench warrant is confirmed and requested a full and arranged transportation for san francisco so that lopez sanchez could appear before the san francisco court. although this bench warrant existed in the system for 20 years and lopez sanchez was in federal custody three types since 1995 this is the only time we have record that the federal authorities sought to chlor the 1995 felony warrant for possession for sale of marijuana. possession and for sale of marijuana. federal authorities could have repeated their earlier process as they had done numerous times before and deported him without responding to the 1995 warrants.
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san francisco rarely if ever prosouts for marijuana anyway. on march 26th. lopez sanchez is transported to san francisco county jail on a fell no warrant. on march 20th. 2015 lopez sanchez appears in court with his defense counsel and deputy district attorney. the da moves to dismiss the charges and the charges are dismissed by the san francisco court. between march 27th, 2015, and april friendshipth 2015 san francisco deputy sheriff communicate with victorville federal prison to confirm that lopez sanchez completeded his federal sentence. frequently 15th 2015, lopez
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sanchez is released from custody after the san francisco sheriff deputy confirmed he completed his federal prison sentence and no outstan itting warrants and no judicial orders were to send him jurisdiction. mr. lopez sanchez was legally released from the jail. subsekwept to march 26th ice immigration customs and enforcement did not provide the san francisco sheriff department with a warrant to hold him for proceedings. points for clariction. a term that is often misused in the context of this story is something that needs to be clarified again. a detainer is misnomered for a legal document. a detainer is an ice immigration
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custom enforcement request to voluntarily extend the detention beyond which another person is released. it is not a legal order to extend an individual's incarceration. 2, 2 federal courts have held that ice retainers are not legal and violate the fourth amendment. ice sought to request a legal warrant, the san francisco department naturally and will always comply and would have complied if that legal order or warrant would have been presented to us. in the u.s. court of a poles and in miranda versus clas muscounty u.s. district court april 2014 affirm exactly why san francisco sheriff department and over 300 other cities that have since
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changed their laws that stipulate how municipal interact with ice is what we follow. february 12th in this office where you are sitting standing, i meet with homeland security deputy director along with our under sheriff and legal counsel and another member of our staff who is not here today. i informed department of homeland security who presides over ice that a warrant or a judicial order is required to detain someone and pick up by ice authorities and ice has known this well over a year since the board of super visors passed the due process for all
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ordinances in 2013 which was signed by mayor lee. and that the sitting county of san francisco and sheriff's department policy require a warrant or judicial order to detain an individual in custody for transfer or delivery to ice. and so a year had transpired direct communication with the top leadership of the department of homeland security here in san francisco here in our office and elsewhere, affirm the city's position and many other cities at the time already changed their laws. and this is just not unique to san francisco. federal authorities did not proceed without clearing the warrant. we obtained a homeland security memorandum that you have seen to dated november 20th, 2014
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and set forth civil immigration priorities. mr. lopez sanchez met ice's highest priority dow to previous felony convictions and prior deportation. however, as i contend and will continue to do so ice failed to provide a warpt or judicial warrant for a proceedings. why they would have completely ignored the 20-year-old bench warrant for marijuana possession and sales previously and then had deported him and this time they decide this warrant required a detour from their normal procedure. recommendations. and this is important because what we are seeing everywhere is a lot of finger pointing and
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what we are seeing is a lot of the distortion affects. and what we are not hearing, i think is the summoning of the collective wisdom to help us understand and improve upon the inherent conflicts between the local and states and federal law and the deficiencies that propel this. potential considerations for recommendation, warrant process. resolve the conflict device compliance. local law and the 4th amendment violations by exploring the use of an administrative law judge for judicial oversight. something that is not just unique to san francisco city and county but other counties we do not purge our felony warrants.
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in the county of san francisco, felony bench warrants are there. as of july 1st, 2015 there are 12440 warrants. other counties have a process for purging their warrants. there may be a very good cause and i agree that there is to not purge felony warrants however when you reflect on this particular matter an administrative law judge would be able to help render decision about the necessity of the need and the imperative to bring back mr. lopez sanchez on a 20-year-old warrant that was not going to be prosecuted for failure to appear. and require the reformation of that process for all criminal
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justice partners to establish a review board for possibly purgy felony warrants and determine how interfaces with state and federal agencies. to do so that we can move forward our agency requires indemiction and institutional support. and that means that we as we have before and continue to do so adhere to local laws. if there are conflicts in the law, we request the law on the federal side as it relates to the local law, in this case the due process for all ordinates and passed by the board of super visors and ciped by mayor lee, if they would like us to deviate from the spirit or letter of the law that the member of the board of super visor we require legislative direction so that it is not our deputies that are
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overstepping their jurisdiction and act like law judges themselves and determine which warpt to follow and not follow. i want to end with this recommendation, i mean with this observation and fact. i met with homeland security secretary johnson on april 20th, 2015, in oakland, almedia county with other sheriffs from the bay area and region. secretary johnson requested that input from various sheriffs to comply with local law and recommendation on the perspective priority enupon forcement program, there is a suggestion by the feds that there was a new program for ice called pep. and that was inferred in the november 2014 memo.
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however, both in our meeting it is here in february 2015 with deputy director mi rowhich yous. and in april with the cabinet secretary of homeland security that governs ice, they all spoke it is a perspective program and not in effect yet. they were soliciting our input as bay area regional sheriffs mind you, many of us have changed their local law. 50 counties out of 58 in california have laws similar to san francisco to see how to a climate to this new priority enforcement program. i made it clear in the meeting in front of everybody else that while that may sound good and fine we are still required by
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local law to reconcile the conflict of any kind of violation to the fourth amendment as it is deemed by the u.s. district court and by the u.s. court of appeals third district and the ordinance due process for all. i recommended to the secretary in front of a crowded room of sheriffs and his top staff and other officials that he and his staff come to san francisco and that they work with our local government and or to have a town hall in san francisco to suggest where they want to go with this idea considering just how hype profile and prominent the issue of immigration and center of city laws and due process of law is. that is where the conversation has ended. it is extremely sad that we are
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here in this place, reflecting on the killing of miss stienle and looking at how we can prevent further tragedies. and this brings me back to the days when i was a super visor in other neighborhoods. i made it a point because public safety is important to me in my time as a legislature to attend every homicide scene which i did in all seven years and meet with the family and loved ones to sort through and assess ways to prevent tragedies like that happening again. i haven't left that same instinct that i carried forth as sheriff to the family when they are ready and should care to i
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would be more than happy to meet with them again, so that we can learn from this and summon that collective wisom without the political oportunism to remedy of what has been spotlighted by this incident. and i hope that the legacy of the tragic event propels, propels all of us, i think to muster the measured minds that how we can improve public safety without eroding constitutional rights. i am going to end here in the formal. i would like to take some questions and i would do the best we can. >> sheriff, first of all, the state law said that a law enforcement official has discretion to cooperate with immigration officials in the instance of a convicted felon.
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you had those. and was discretion not use and why wasitate law not looked at. >> not at all. our due process for all ordinants comports with state law and it is chlor in the dow process for all ordinance passed by the board of super visors and signed by the mayor asked us to respect and require that a judicial warrant with court order be obtained and we are consistent in that matter. >> there is nothing in that ordinance that would have prevented you from picking up the phone and followed that once there is an outstanding warrant do you have any wiggle room to refute that? no you keep it real line and is the mayor wrong by saying that there is nothing in the ordinance to prevent you. >> the mayor is throwing his own law under the bus and simply
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trying to run or walk away from the ordinance he signed in to affect. if he is looking for ambiguity in the law in order to cover his position it defeats the law in the first place. if you look in the declared sense of the law of what the intention is and if you follow his theory or logic, they are asking us toous a subjective barometer that conflicts with the constitutional concerns that motivated the birth of the law in the first place. i really do think that the mayor is pleaing politics with public safety and i really think it is disingenous. >> you said. >> san francisco sheriff. this is the headline out of this. the sheriff is holding a first press conference since the
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murder of kate stienle. big story. and what is important about the news conference. the sheriff is now on record pointing fingers of ice and saying they did not issue the proper paper work or warrant needed for the san francisco police department to hold lopez sanchez. we reached out to ice during the press conference to get a response. unfortunately we were transferred to voice mail and we are working to get a statement from ice. there is a difference of opinion between the sheriff and the local mayor as to what was his responsibility and the responsibility of the police department in regard to the lopez sanchez warrant. the original warrant dates back to 1995. we are going back 20 years on this case. the sheriff said he wanted to
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get through the chronology of it all. >> a pot arrest from 1995. and the sheriff department apparently brought him out of federal custody for a 20-year-old pot charge. >> this is interesting that the sheriff went through many days. and that is sanchez that was in federal custody three times before this and the latest question of whether or not he would be moved to san francisco. it is fair enough to say there is questions for multiple agencies here. and mentions that the department of homeland security and cabinet secretary jay johnson. a lot more to this conversation. >> and the sheriff barely mentioned the murder victim kate stienle. >> we all know kate stienle is
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her name and they are suffering for the loss. >> what a story. >> the world cup winners are back on u.s. soil and getting a hero's welcome and the city throwing first ticker tape parade for all women's sports team. we'll take you there next. a wake system... and a sleep system? science suggests when you have insomnia, the neurotransmitters in your wake system may be too strong, which may be preventing you from getting the sleep you need. talk to your doctor about ways to manage your insomnia.
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>> the president accepting the resignation of kathleen archuleta. the cyber breach was worse. the number is more than 21 million americans. the feds sending out warning letters to employees saying hackers might have gotten social security numbers and addresses of friends and families and acquaintances of them. blake? >> reporter: jenna, after calls for law makers on both sides of the law, archuletan accepts down. yesterday the white house remained supportive. and she told reporters she would not resign. >> the president thinks that it is quite clear that new
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leadership with a set of skills and experiences that are unique to the urgent challenges are badly needed. >> back in april archuleta said it extended to 4 million government employees. but now the opm said that reached 21 million people. chinese cyber thieves are widely believed to be the hackers and the opm said they have social security and employment and health and financial histories. house oversight chair jason cha ffetz called for her resignation. he said this is the absolute right call. opm needs a can have theed and savvy leader to manage the biggest cyber security crisis in the nation's history.
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beth cobetter will be act the now. >> for more on this. we'll bring in bob editor in chief for the hill. >> yesterday catherine archuleta said she would not step down. what changed? >> it was a matter of time. in this type of situation where an agency head is under fire is the members of her own team and other democrats were calling for her to step aside. republicans were of course as well. and when your own party ranging from a couple of house democrats and senator mike warner said she had to go it was a matter of time. huge distraction and fix the problem. and what does it mean and who was behind it. a lot of people suspect that china is behind it. and there is a lot of
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unanswered. she had lost credibility. nbasically anybody who filed an application with the federal government may have personal information in the possession of the cyber thieves. and there are a couple of members of congress who said they have notified by opm and they never worked for any administration. the question is how did their information get breached? we are just really starting to get a handle on this. and one of the questions, one of them. we had the news of 4 million a while back and now over 20 million and they learned about it in the spring and didn't tell the public until later. why not? this is going on and there is a number of national security agencies involved in this because it is a national security problem. >> she is part of the administration and appointed by the president obama. is the blow back roaching the white house? >> i think so.
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i think it is an awkward time for the white house and the white house defended her, that is the usual script. you defend the person until you accept their resignation and maybe you push them out yourself and maybe that happen here. the president did accept the resignation. and not a lot of tv cameras or anything like that to witness the moment. the president wants to stay as far away from this controversy. >> thank you, john. >> and now the fox news alert in the investigation of the charleston shooting rampage. fbi director said a federal back growned check should have prevented dylanroof from buying a gun back in ever. the examiner never saw an arrest report. the arrest is not so much to the issue but he admitted to the drug possession and that should have made him ineligible to buy
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a weapon. nine people died and roof was charged with nine counts of first-degree murder and an interesting development there and more to talk about. and we'll move back to politics now. more than a dozen contenders for the white house. and one not worried about throw will elbows. it is not lack of media attention. you can't escape trump even though his party tries to figure out what to do with him. trump's candidacy is not a story. it is a cultural phenom nan and we are here living in donald's world now. >> he's huge and i contribute it to by interviewing him in trump tower. look. trump is getting ten times as much coverage. i have covered this guy for
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three decades and he's a master of knowing how to keep a story alive. and the republicans loc a story saying the rnc chairman asked trump to tone it down. and trump said it is false journalism and said yes, preibus asked him to tone it down and he won't. >> and you will have to watch twitter for his comments and he's the not afraid to say what he's going to say. it is his tone and style as much as his content, why is that? >> he is bombastic and sometimes over the top and some people find him offensive and journalist and pundits and others are critizing and making fun of him. it doesn't matter. they are still talking about trump. the candidates reacted to trump. and the only way they can buy
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a headline is commenting on something donald trump. and judging on the avalanche of e-mails and tweets that i got after interviewing the donald there is something about the over the top way he talks and the superlatives he uses and punches back. rick perry needs a new pair of glass and some folks find refreshing. and they are tired of the carefully calibrated politicians. and he is rich and successful businessmen and they don't care about the details. it is resonating. and the vowers on the show and chat they are not dismissing him and that is giving us more reason to make sure we will not as well. we'll so you on sunday. we are short on breaking news and great to see you on sunday. >> thank you, jenna. >> well the u.s. women's soccer
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team taking a well earned victory lap in lower manhattan. the parade is wrapping up with a ceremony giving the players a key to the city. that is live confetti coming out of the cannons in lower manhattan. and a lot of tons of paper and practically garbage to be cleaned up. they beat the whole world. they are world champions and we are proud of them. nof all of the garbage in new york city. and this is what they will take and what a scone in new york city. and we wind up with our live shot and we'll love you with a now more looks at this. we'll be right back with "happening now".
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>> in less than a week we'll get our first good look at pluto. it is already beaming back strange new fettos. like the red colored heart on the right side. and the images are expected to get more detailed. nadia drake reporter for national geographic. and joins us now. pluto was a planet and they demoted it but still entering and has a lot to teach scientist. what are the tantalizing things they are seeing so far? >> so far, the images coming back from the new horizon spacecraft are revealing a world
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different than anything else in the solar system. that has to do with the features on the surface. you can see pluto itself is orangey red color and there are matches that are dark and other patches that are very very bright and earlier images taken by the hubbell telescope we had an idea we would see that but now we are close enough to get the images of plusso and the moons, surface features are what they are paying attention to. one great planet that has wonderful life on it and only one moon. and pluto who is demoted from planetary at that timeus has five. and they will get a look at the moons as well? >> yes, absolutely. and pluto has five moons that we know of and one of the questions that team members were asking before the spacecraft got close
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enough to see the system whether they would find more moons. so far i don't think they have found additional moons. but the spacecraft gets closer and it is a possibility. >> the spacecraft hut down because it was over loaded and do they expect that problem to reoccur as it gets closer? >> no everything from the team said they are not concerned about the same thing happening in the encounter period. >> we are looking forward to see what the craft sees on pluto's surface. it is interesting. >> nadia drake, thank you for joining us. >> thank you. >> the fda is setting up warnings for over the counter medication that we take. what you need to know, next.
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>> right now, dramatic video of two firefighters caught in a i never sewn an explosion like that... we were in the front room living room and making our way to the rear of the house and heard not a loud boom. and then the ceiling fell. >> firefighters said a woman and her one-year-old baby were able to escape. the fire is called suspicious because no gas or electricity connected at the time. >> the fda toughening up warnings on nonaspirin pain
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killers saying there is increased risk of heart failure. the affected are advil, motrin, and aleve, for example. doctor, mckerry we know the names of those brands. >> it is intchlth they are most popular medications in the united states and up to a quarter of everybody in the country are on these medications. we have known about the risks to the heart that are very small and we have more information that the risks are there. they are upgrading the warning, not only they may cause heart problems but they can cause heart problems especially high risk patients. >> can you describe these heart problems? we hear a story like this. i will take advil and now i am
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having a heart attack? it is easy to go to point a and b quickly. >> early onset heart attack valve. people with a family history of attack. and it can precipitate the events sooner. the fda said if you are at high risk you will say don't just say don't just take medications because we've thought they're safe. we've liberally prescribed these medications because they think they're safe. >> the study has estimated the relative risk increased by 10% to 50% depending on the drugs and dosages. if you have heart problems in your family history, should you avoid the drugs completely? >> these are what we call life-style drugs. they're not preventing or
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treating disease. they're usually just allowing you to function better usually. if you can get by without them get by without them if you're high risk for heart disease. you see patients all the time who say, doc, i would rather not take medications. i don't like taking medications. there is probably wisdom there when you don't need them. >> you think about the reasons why, very simple reasons why you might take a pain-killer. you hear things about, for example, tylenol. one wonders if there are any safe pain-killers out there, dr. mckerry. >> tylenol is separate from this. it's considered an all tefrtiveternative to the drugs in this report. it's got its own problems. there is probably no safe benign medication out there. aspirin is in this family and that's what we use to treat heart attacks. >> a reminder don't take it if you don't need it. maybe a nice warm cup of tea might help as well.
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dr. mckerry great to have you on. thank you very much. >> thank you. what do new music releases broadway and buckets of paint have in common? they're part of "happening now's" final 30 next.
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816! fico scores are used in 90% of credit decisions. so get your credit swagger on. go to become a member of experian credit tracker and take charge of your score. time now for our final 30. the distribution of music moving off vinyl finally. albums will now come out on fridays all over the world driven by digital sales. tuesday was the standard release day in the u.s. and broadway star patty lupone fed up with ringing phones and texters during had your broadway show. she walked into the audience took a woman's phone out of her hand to loud applause by the rest of the audience. >> i love that story! a picture tells the story, doesn't it? do you see this, jon? when things get a little too quiet in your house, something is up. a colorado mom learned this the hard way. she was in one room with her
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other infant and found that her 2-year-old literally got into a bucket of paint. the mom said cleaning her daughter was easier than cleaning her house. there is the daughter clen. she is fine. the other picture, man! that's something. >> don't let them get too quiet. thanks for joining us. have a great weekend. "the real story" with gretchen starts now. another massive technological glitch shutting down one of the country's largest electronic brokerage firms. you'll learn about it here of the. deadly doctor. over 500 victims sentenced to decades in jail today. the widow of one of his patients joins me. ariana grande tries to explain her "i hate america" rant. will you buy it? i'm gretchen carlson. "the real story" starts right now. fox news alert. fbi admitting it


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