payment of 197 million which is still a lot of money. the 50-year-old is leaving her job. she fire add financial planner and said she wants to take care of her kids and grand kids. >> she ought to have enough money to do that. >> thanks for joining us, everything. how would you feel about the most dangerous prisoners coming to colorado prisons? the pentagon confirms it's considering just that. two police officers shot and now suing the gun store where the shooter bought the weapon. the search continues for a missing cargo ship with dozens o of americans on it. could they still be alive? a breaking story happening right now. amtrak threatening to shut down parts of its nationwide network unless congress extends the deadline to implement what it

deems to be necessary safety measures. this in the wake of the derailment in vermont. amtrak issuing demands and trace gallagher is live with break news. >> the netechnology is called positive train control and regulates train speeds electronically by slowing train downs as they head toward the sharp turns or congested areas. after the amtrak crash near philly that killed eight people it was major push to get the technology installed faster but the bottom line is there's no way the railroad will make the end of the year deadline because the system is all wireless. that means installing a lot more bandwidth in places along the track. unless congress extends the deadline, come december freight and passenger train travel will be a mess.

amtrak writes, and i'm quoting here, should congress fail to pass legislation to extend the ptc deadline? we anticipate that starting december 1st we'll begin to notify passengers through our reservation system of disruptions that may occur as a result of deadline. in other words, the vast mar jorjor majority of the network would be inoperable. we're talking about from boston down to d.c. would remain mostly in service but you have service through parts of connecticut and new york would be effective. republicans in both the house and senate have introduced legislation to extend the deadline. >> very interesti ining develop. another alert to tell you about. all hell could break loose if more u.s. troops are pulled out

because afghan forces are not ready to handle the taliban on their own. the president's plans calls for cutting from 9800 troops to about 1,000. do we know what general campbell is recommending in terms of war ahead in afghanistan. >> we have confirmed that he's briefed the white house on new recommendations for the future size of u.s. forces. he testified to the senate armed services committee today. president obama promised to pull all u.s. troops out by the end of 2016 before he leaves office leaving behind just 1,000 troops at the u.s. embassy. based on conditions on the ground, based on the transitions i've talked about, i do believe that we have to provide our

senior leadership options different than the current plan that we're going with. >> he said the afghan military can't handle the fight alone. the pentagon has recommended 3 to 5,000 troops remain. the u.s. military does not want to let the same thing happen in afghanistan. president obama began laying the ground work for a possible change of heart late last week. >> it's still hard as we saw this week in afghanistan. it's not by virtue of lack of effort or lack of commitment. we still have 10,000 folks in afghanistan. we're still spending billions of dollars supporting that government and it's still tough. >> tomorrow marks the 14th anniversary of the start of the afghan war. 2215 u.s. service members have been killed.

more than $700 billion spent by the u.s. taxpayer. >> time goes by too quickly. what is the impact now? it's been breaking developments on the air strike on the hospital in northern afghanistan. what kind of impact will that have on the decision to keep u.s. forces in the country? >> the white house just clarified that the justice department will not be investigating the air strike. there was a report earlier today from the spokesman that they were going to investigate. that's not true. it could complicate the u.s. ability to keep nato forces involved in afghanistan. defense secretary ash carter will be in brussels this week to discuss in afghanistan. the europeans will be basiced by pressure from doctors without borders that is demanding accountability. this attack cannot be brushed aside as a mere mistake or consequence of war. afghan and u.s. forces working together decided to raise to the ground a fully functioning hospital which amounts to an

admission of war crime. got the attention of the white house and will likely impact how many u.s. troops remain after 2016. on the russia now, nato's secretary general rejecting claims that war plane accidental entered turkish air space. they were saying that was a mistake. now that's not coming across too well. russian fighters were in air space along time. >> this doesn't look as an accident. this is a violation of the air space. two violations during the weekend. >> colorado republican senator serves on the senate foreign relations committee. great to have you on. i guess it wasn't just a bit of a mistake that russia came into that air space over turkey,

right. >> after six years the obama doctrine is firmly in place. what we're seeing in syria and crimea is a failure of obama policy. the obama doctrine has failed. that's led to perceived weakness. they were willing to do things that were unthinkable a few years ago. >> listen to marco rubio with his thoughts on the direction that putin is heading in syria. >> he will specifically continue to target non-isis rebels especially the ones america has backed. the point is once he can destroy the nonisis rebels then the argument will be the only people left in isis or assad. he wants to eliminate any non-isis alternative. you will see him specifically target american backed rebels. >> do you agree with that senator? >> it's hard to argue when you have 19 air strikes we have looked at.

17 of them have targeted rebel areas. only two of them have gone into isis only areas. look, this is a result of failed foreign policy on every front by this president. the vacuum that's been left in syria has allowed vladmir putin to step in and prop up the assad regi regime. >> the pentagon investigating if two colorado prisons can hold gitmo detainees as the white house moves forward to try to shut down guantanamo bay.

this is your state. your residents there in colorado, and do you want this to happen? >> let eets make dleer clear they are looking at another facility near super max. they are also looking at state prison that's down the road. how many millions if not billions would have to bebrought up to hold the most dangerous terrorists. the people of colorado reject that. we need answers from the administration before they go further. >> let us know if you hear back

from the white house on that. thank you. >> time for my take on this. shuttering guantanamo bayen a g. the only reason it didn't happen then is because the outrage about moving the most dangerous detainees to prisons in the u.s. was met with immediate and swift action to stop it. since then the white house did plan b, releasing other gitmo detainees to other foreign nations usually on friday afternoon when they didn't think anyone was really looking. now we're talking about the most dangerous of the dangerous in prisons here in the heart land. the arguments that keeping gitmo open further fuels the fire of hate that terrorist feels toward the u.s. if we close the prison, the terrorists will feel better, right? as we've seen over the last few years no matter what we do, terrorists still hate america, and bringing the terrorism problem to american prisons

isn't going to change that. you can always get my take on my facebook page and foxnews.com. this is a trial that could shake up our gun laws completely. these two police officers shot in the line of duty are now suing the owners of the gun store. can the store be held liable for that shooting. family remembers the american airlines pilot who died in the air yesterday during a flight and speaking out about the man who died doing what he loved. >> he was at an air show about four years old and pointing up at the airplane saying i'm going to fly me one of those someday.

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time for real talk on stra l

trial that could set gun prdens precedence. two officers were shot in the face and he is suing the gun shop that sold them. you have a beautiful head of hair. >> it's nice to be with you and nice to be smiling. >> let's talk about this because police officers get shot in the line of duty often or sometimes. we don't see a case like this. >> the reason we often don't see this case is because this is rolling the dice. they have to prove that the owner of the store was so negligent that in not aggressively enforcing the background search for the guy who bought the gun and not scrutinizing whether he was would pass theat gun after to somebody else, which is what happens here.

the injury oth cop is very serious. one of them loths an eye. the workers compensation insurance which is a guarantee of income, compensation for the rest of their lives. most police officers, firefighters accept the latter because of the certainty of the recovery. here they are rolling the dice. if they win, say a million dollars for the loss of the eye. i'm not saying that's what the eye is worth but they're about to get 500,000 from workers comp. the carrier gets the first 500,000 to pay it back. they are only get another 500,000, not another million. >> is it like any other case where people get injure and they want to sue and they go to the place where they think they'll get the most money? >> yes. the creep that fired the gun and the creep that bought the gun that sold it to the creep who bought the gun have no

insurance. the shop has insurance. it's the insurance carrier for the gun shop that is on the hook. it's case of negligence. that's not the case here. this is not an allegation of the gun malfunction. this is that it was sold to bad guy and they should have known it was going to end up in the hands of someone that would have known it would harm the police. >> this is when the gun sale was taking place in this particular incident. do they have a case? >> they have a case. the buyer was a straw buyer meaning a front person. the person was buying the gun had a criminal record and the fbi background check would have rejected him. he got a buddy to go in and buy it for him.

he was standing next to the buddy. the buddy put the wrong address down on the form and they had to cross out the form and fill it out again. if you cross out a government form the government will not accept it. you have to fill out the whole form all over again. all these things were triggers, no pun intended, that should have let the gun shop owner know something is going on here. this person in front of me is not the real buyer. the guy on the other side of the store is telling him what to put on the form. >> very, very interesting. we'll see how this plays out. it could get a precedence for gun laws. thank you. >> you're welcome. nearly two feet of rain in as many days hitting some parts of south carolina with hundreds of bridges and roads wiped out completely. we're live for you at the center of the storm. a man stumbles into a giant, sleeping grizzly bear and lives to tell the tale. what he did that saved his life. that brings us to this scary question of the day today.

if you came face-to-face with a grizzly bear that just woke up, what would you do. >> looking forward to reading your answers. was out for a bike i didn't think i'd have a heart attack. but i did. i'm mike, and i'm very much alive. now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. i brto get us moving.tein i'm new ensure active high protein. i help you recharge with nutritious energy and strength. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. ensure. take life in.

i'm a senior field technician for pg&e here in san jose. pg&e is using new technology to improve our system, replacing pipelines throughout the city of san jose, to provide safe and reliable services. raising a family here in the city of san jose has been a wonderful experience. my oldest son now works for pg&e. when i do get a chance, an opportunity to work with him, it's always a pleasure. i love my job and i care about the work i do. i know how hard our crews work for our customers. i want them to know that they do have a safe and reliable system. together, we're building a better california.

now to the bizarre story of a young doctor found unconscious in the doorway of a manhattan apartment building over the weekend. police believe she may have died from a drug overdose. they are still waiting for the results of toxicology. two men were seen carrying her into the entryway before leaving the scene. one, who called 911 was questioned and neither are expected to face charges.

initial autopsy results have come back inconclusive but the findings are consistent with cocaine overdose. now to the big storms. rain isn't falling anymore but flooding troubles continue to plague south carolina. the water taking its toll on infrastructure in that area. a damn collapsing near columbia and one of the several to fail in the past few days. what is happening are you are now? >> caller: it >> reporter: it's like a mass moving day. we're seeing people pull out possessions from their houses and putting them on trucks. a lot of people were rescued by swift boats in the last minute when the water began to rise. many people had to make a last minute decision, what do i take with me? >> you never think of really how intense it is. my daughter left with no shoes

on on. we threw our cats in a suitcase. >> reporter: cats in the suitcase. for that woman like many people here were rescued by neighbors. the flood happened so quickly. it was little time for first responders to get here. it was neighbor helping neighbor. >> great way to depict the urgency of all that. folks not out of woods, right? >> reporter: no and the governor stressing this is not over yet. all the water is moving down south. there's been ten different dam failures in the state of south carolina. that puts pressure on other dams and other rivers. the number of dead continue to rise to 14. as they keep pulling up cars from the water, finding more bodies. >> take care.

with a date now to set replace john boehner, several candidates are making their case to a conservative coalition on capitol hill. what do you think they need to say? marco rubio hitting back at donald trump defending his hydration habit pps. >> i drink water. i only sweat when it's hot.

fox news alert for you now.

united flight airlines flight houston to san francisco has been diverted. it happened this morning after a co-pilot lost consciousness. this comes one day after an american airlines pilot died mid flight. what happened in this case? >> reporter: let's start with this morning's incident. y united airlines will only say that a crew member became ill and the plane landed safely. a spokesman for the albuquerque airport where the plane landed reportedly described the co-pilot as unconscious but stable. yesterday, of course, 57-year-old captain michael johnston collapsed and died at the controls of american airlines flight 550. >> american 550, medical emergency. captain is incapacitated.

request handling for runway. >> reporter: at first the passengers had little idea what was happening. once on the ground they learned their pilot was dead. >> my head is pounding. glad we're on the ground. we had chance to cool off a little bit when we hit syracuse. it was quite an experience. >> the pilot is not feeling well. we landed. we thought he wasn't feeling well. we had no idea he had passed. it was extremely shocking. >> reporter: according to his family he loved his work as a commercial pilot after left the industry once and returning before flying for america west and american airlines for the past 25 years. >> he was at an air show about four years old and he was pointing up at the airplane saying i'm going to fly me one

of those. >> he said yould be okay if i went back to flying? i said yeah, it's what you want to do. >> reporter: the company's focus will be on taking care of the family. gretchen. >> thank you. another alert now to tell you about. a desperate search for survivors still. brand new pictures of debris coming in from the coast guard. rescue teams are holding out hope that they will find members from the cargo ship alive. it vanished five days ago. 33 crew members on board. officials believe it sank near the bahamas. federal investigators are in florida to find out exactly what went wrong. >> new information coming from the president of tote maritime.

become a mechanical failure on the ship and a storm that quickly morphed into a cat 4. there was nearly 400 containers on the ship. all of which ended up in the ocean. qualified and by all accounts a calm and collected leader who placed hi crew and ship as top priority. he had even communicated with the captain of the sister ship and described the weather as navigable. by the time it got near the crooked island, joaquin was a category 4.

he suffered a mechanical problem with his main propulsion system that left him in path of the storm. only one lifeboat of ship's two lifeboats have been found. absolutely and completely destroyed from the ferocity of hurricane joaquin. at this hour the coast guard is continuing what he calls a search and rescue operation. >> thanks for the very latest. another alert to tell you about. amtrak threatening to shut down part of its nationwide network this december unless congresss extends an end of year deadline saying some lines are not expected to meet the deadline. this would be a huge nightmare for those travelers and so much more. amtrak appears to be sticking to

its ground that they want the safety measures implemented, right? >> they do. they also kept delaying it at the beginning. they've had quite a long lead time to get this done. >> i see. >> it's dirty hands in a number of different places. one is that amtrak, one is congress with the funding issues to make sure amtrak has the money to invest in this technology. it's like a computer. you buy it and 18 months it's out dates. some of this positive train control is in the same position. >> you're talk about this ptc, which is positive train control. we game familiar with that after the track that happened outside of philadelphia a couple of mon

months ago. now it appears that amtrak is trying to turn that story and say to congress, unless you go ahead and give us this extense, then we're not going to operate trains around certain parts of the country, spervcifically in e northeast. >> it's a little bit of blackmail on the part of amtrak. congress will be forced to give the extension because the public does lie upon that transportation so much. i hope somebody is held accountable. >> let's talk about that for a minute. who do you think should be held accountable? we just had another train incident that happened yesterday in vermont.

who is accountable? >> congress should be asking those difficult questions. why didn't they put the resources in them? >> all right. thank you, sir. let's move on the politics now. carly fiorina with a news flash for democrats as new polls show her beating hillary clinton by wide margins in head to head matchups. >> we know liberal women have trouble that many women don't agree with them. note to democrat party, our views differ. i think i am distinctly horrifying to liberals. i'm a conservative woman who

right now head to head beats hillary clinton soundly. >> is she horrifying to liberals? >> first of all, she's only the poll she was referencing was only in one state. it's not like she's beating hillary all over -- >> by 14 points. >> that's just in one state. let's not overstate. >> it's the first state. >> i think we know it will be a competitive race. we're not under any illusions by that. i think that carly will be held to the same standards by democrats and by the need ya as all the other candidates. i think she's earned her place at the big table. i think that what we're trying to do, if you look at the way the democrats have approached her it's been far more to talk

about her failed record as ceo and the illegal sale technology and the iranian people, that's where we view her weaknesses. >> she knows how to work her e-mail and can carry two devices. the idea of war on women has always been a lie. women are not a monolithic voting block. the fact they have been treating women as a monolithic voting block is sexist.

carly blows that narrative up. that's why team hillary, simon included, is terrified of her. >> donald trump sending marco rubio bottles of trump spring water as a prank. you may recall the senator taking a water break as he delivered the response to president obama's state of the union address. senator rubio reacting today. >> i heard it's very high quality water. apparently evain is a bunch of losers. yeah, drink water, so what. >> larry you get to go first of this because you were taking a slug of water. >> the fact is every time trump does anything the media blows it up as shots fired. this was fun. it was a joke. a couple of weeks ago donald trump went after rubio for his comments in syria. he's handling it the way he should. he should laugh about it and have fun and not act like an

8-year-old screaming and crying on the playground. >> these can understadidates wio do things to stay many the news. it's going to have to be a creative phase for all the republicans. the democrats will have their debates next week. i think this is the beginning of what will be a much more intensive engagement among the republican candidates with each other as they claw and get ahead. >> right. >> we'll see how that pans out. you're right. next week we have the democratic debate. will joe biden be there or not? stay tuned. we'll see you next tuesday. time to check in with shepherd smith. >> is this real? someday airlines could stack

passengers on top of each other to squeeze as much money out for every flight. sounds really ridiculous. one manufacturer has filed a patent to do that. behold the potential future of airline travel. are we being punked here? no. you can see the seats on top of each other. the company that filed the patent claims the split level seating arrangement will maintain a high level of comfort add compared to whatever they're doing now. kennedy will join us on the news desk with her take. we'll do the real news too if we get time for it. more pressure on hillary clinton as ed henry has new information on the state department pressing hillary clinton to see if she really turned over all her official e-mails. an armed robber surprises a homeowner in his garage but gets the shock of a lifetime.

both vying for speaker boehner's position. they'll make their cases tonight before the tea party caucus and other conservative groups behind closed doors. mike live on capital hill. what should we expect tonight? >> conservative lawmakers say they want to look the speaker candidates in the eye to see what they will do in terms of policy and process this terms of leading the house. the candidates are kevin mccarthy. daniel webster is considered a long shot. the new speaker must let the president and senate snow it's a new day in terms of dealing with the house. they want to be convinced by the speaker candidates that they are willing to fight on issues that matter to them and their constituents. tonight's events is a big step.

>> here is the all important question. is mccarthy city considered the fave? >> he is from people i've talked to. seems to be heading towards the speaker's position but then with sean hannity last week, hillary clinton's poll numbers and then he had to clean up after his mistakes. >> this is not what you'll see from speaker of the house. this is the fact this commne so. that's the work the committee has done. i want to be very clear of where we're going. >> most colleagues that i've talked to, most of the republican members say they don't think that was fatal

mistake but caused him some anxiety and nerves. they are wondering whether he is up to job. he needs to close the deal tonight and the coming days. >> all right. we'll come back do you and find out what happened. another alert. there's no let up for hillary clinton. a judge ordering the release of e-mails from her top aid and the state department making new demands as well. you have new information of the state department pressing clinton to see if she turned over her e-mail. >> federal judge saying within a couple of weeks more e-mail vs to be released by the state department. the state department demanding to know in a separate case whether or not there's a gap here they believe of two months

betweenof '09 and march of '09 where hillary clinton turned over all of her e-mail starting in march of '09. that's when she said she started using the personal account. former secretary clinton provided the department with all federal records in her possession regardless of her formate that may not otherwise be preserved. in august hillary clinton signed a document certifying she had turned over all federal records, those official e-mails to the state department. now the state department is asking her lawyer, is that true. >> as a result of all this, clinton now trying to go on offense. she's got a new ad out. you say the timing to this add

is what's particularly interesting. why? >> two pieces of that. you just heard mike emmanuel reporting on how the republican leader in trouble here because of that gaffe saying the benghazi committee is about beating uphill ri cl for hillar. >> everybody thought she was unbeatable but we put together a benghazi special committee. what are her numbers today? >> why is the timing important? they're coming up on this big vote for speaker. the clinton camp wants to have maximum impact. there's another date, october 22nd. later this month she's testifying before the committee. >> thanks. what would do you if a would be robber with a gun enters your garage like what's happen ng this video.

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it's our promise to you. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. welcome back to "the real story" a man in california foiling an attempted robber's plan. homeowner fighting off the would-be robber, wrestling away his gun ever. trace gallagher live with details and the video. >> reporter: happened in san francisco. talk about being caught off guard. the victim, watch this guy. his name is bill oxidine. never imagined he'd be attacked inside his own garage, much less becoming a youtube sensation because of his home surveillance camera. the homeowner is wearing white. the suspect is wearing a gray hoody. he goes after him with the gun drawn, and it's pushed forward. at the time mr. oxidine says he was thinking either i've got to fight or die. but to avoid dying he had to get

the gun away. listen. >> he came at me with the gun -- gun was out. gun was full force. if you can see, i'm reaching for the gun. immediately, the first thing i wanted is control of the weapon. >> right. the two men ended up wrestling for several minutes, finally oxidine turned the tables and pried the gun out of his hands. that's when the suspect sprinted out the door. oxidine followed him outside and even tried to fire on him but the gun was jammed and the suspects ran awe. san francisco police say they've had recent burglaries in the area involving homeless people. it's usually homeless people stealing bikes and seeking shelter. but police do not believe this man was homeless. and now they're trying to get the public to help identify him. but because the camera never got a great shot of his face rps all police know is the suspect has

dreadlocks, and they still don't know aggressiv know what he was look for inside that garage. >> very stressful to watch that video. i'm glad we note final outcome is a good one, trace, thanks. so a man is recovering after coming face-to-face not with a robber but with a surprise grizzly bear. his fast-thinking move that saved his life. plus bad posture from sitting at a dessk all day. a new invention to combat that coming to a store near you. did you know that good nutrition

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what are you guys all clicking on today? here's what we found out. nasa releasing new pictures taken by the new horizon spacecraft of pluto's largest moon, including a belt of canyons if some places twice as deep as the grand canyon. that's pretty spectacular. french start up uses crowd funding to raise $65,000 in one

day for a thin t-shirt made with sensors that apply pressure when a wearer slouches to give them better posture. a dolphin retrieves an iphone from the atlantic ocean after a miami cheerleader dropped up in the water. look how smart that dolphin is. good catch. hunter fights off a grizzly bear and lives to tell about it all. he says he was hunting with his brother in montana when he stumbled upon the sleeping grizzly, accidentally waking it up. the bear knocking him off his feet, biting his head then biting his leg and shaking him in the air. the hunter says he somehow remember add tip from a magazine to shove your arm down the animal's throat. so that's what he did. and it worked. and the bear took off. earlier we asked you what you would do if you encountered a grizzly bear. "run like the wind" good idea. carol says she would play dead. that also might work. bill has a creative idea. tell the bear that it was dreaming and to go back to

sleep. i saw some other people saying that they would get ultimately so scared that they would just have to pass out. that would probably be me as well. thanks for being part of "the real story" today. i'm grinch encarlson. let's head over to shep. surveying the damage by drone in south carolina. you'll see the rain's over but the flooding is not. the water is overwhelmed dams, cut off communities and ruined lives. right now a dangerous wall of water is headed downstream. team fox coverage ahead. the cia has been supporting rebels in syria for a long time. but officials confirm russian forces are targeting those very rebels. is moscow sending a message? and are we headed for some sort of proxy war with vladimir putin. edward snowden says i'd like to come back to the united states and i'm willing to do prison time. the justice