>> now, "the fox report." i'm shepard smith. breaking news, an execution just called off in california. plus a bus filled with kids and parents plunges right off the highway. also tonight -- >> this shooting spree in india killed more than 160 people. now, terrorists may be taking a shot at doing it again. this time targeting western tourists. tonight, new details of the push to stop the plot. two university students accused of sending out a live internet feed of a freshman in a

compromising position. >> who would think twice to check their dorm for cameras? that's disgusting like if someone ever did that to me, i wouldn't get over that. >> it looks like the victim felt the same way. now, fallout from the dorm room hookup caught on camera. plus brawl at the peewee football game. >> i've never seen anything like that. >> and while the adults may have started this fight, it's the kids who were paying the price. first from fox this wednesday night, a fox urgent and a horrible bus crash outside the nation's capital. we're now learning the passengers include children and parents. they were on a charter bus that rolled off a highway overpass in rockville, maryland. emergency crews say the thing fell 45 feet right down the side of that embankment you see there and now you can see what the crash did to the bus. incredible. so you can imagine what it did to the people inside. paramedics report this crash killed at least one person, left

several others with injuries including a number of children. shannon bream on fox's top story live with new information from d.c. what happened? >> well, shepard, we want to put up a graphic to give people a visual of what we're talking about. on the left of your screen, when this goes up, it will show you the beltway in washington. there's a white line running down that area. it's the primary loop around d.c., always heavy traffic. yellow line shows you the path of the bus on the sky ramp, something that allows you to go into high occupancy lanes, a fast track and short cut. at some point, you'll see that a bus plunged off that skyway. you see where it ended up in red. it broke through a barrier, rolled 45 feet down a grassy embankment, landed alongside another busy highway below. what we don't know right now, shep, is why. >> you know, shannon, as i mentioned several injuries. some of them said to be life threatening. what do we know about that? >> local emergency officials have confirmed for us, shep, that one person is dead. we know it's a man but don't know anything more at this point. four people actually had to be cut out of the bus. they were trapped for quite a

while. at least 11 people taken to local hospitals. two of them with life threatening injuries. two others with serious injuries. many others had lesser injuries and we talked to one hospital that treated four of the children that were involved with this. they said they ranged in age from 6 to 12 and the good news is they say that group is in good condition. shep? >> good to know, back for updates, shannon bream in d.c. thank you. there have been several deadly bus crashes in recent years. back in 2007, a coach bus carrying college baseball team fell off an overpass in atlanta killing seven. the team on their way from bluffton university in ohio, you may remember, off to a tournament in florida. we're told that driver drove up and off the ramp at full speed before the bus tumbled back into the highway. in 2006, a school bus jumped a retaining wall in huntsville, alabama, and fell 30 feet and killed four high school girls. police say the driver swerved to avoid another car that reportedly had driven too close to that bus. now, terrorists who planned to target westerners are reportedly

already on the move. a senior united states intelligence source confirms to fox news now the men behind the plot started heading from pakistan to europe a couple of weeks ago. and it is simply not clear where they may be now. their targets are said to include locations in england, france, germany and the authorities tell us possibly denmark. specifically, hotels. ones that are popular with tourists and business travelers. we're told their plan of attack is similar to the one used in mumbai, india, two years ago. you probably remember there, gunmen killed 166 people during what was described coordinated attacks at locations like a railway station. a recent string of c.i.a. drone strikes in pakistan had disrupted the latest plot but we don't know how much of a threat they could still remain. greg palcott live early this thursday morning in london. greg, what more can you tell us about the plot? >> hey, shep, most of the people that we have been speaking today caution us that this plot was in the early

planning stages, it wasn't even spelled out. even vague, these claims were serious enough, apparently, to make the u.s. move. one source says a few terrorists are heading to europe and another report says there are already terrorist cells active inside europe, maybe that explains the attention being paid to pakistan right now in these attacks. so far, there have been no arrests. >> any details, greg, on who is exactly is responsible here? >> let me throw two names at you, shep. one name, a senior al-qaida operations chief, muhammad kashmiri. he knows europe and he's linked to that mumbai attack. it's claimed he's involved. another, he's a german of afghan descent. he trained with the al-qaida in pakistan. he was caught in afghanistan by americans in july. he's been interrogated. i'm told a lot of this terror tale is coming from him. one more note about him, he worshipped at the same mosque in hamburg, germany as muhammad atta and other 9/11 plotters.

>> what about reaction from officials who are in charge of security? >> u.k. and german officials today have been saying that they are aware of the plot that they have not moved up their terror alert yet. but with americans figuring to maybe be some of the victims in this possible plot, if it were to go forward, you can imagine and we know the u.s. has been sharing all intelligence with officials here. one more note about any possible danger to the united states from this plot, americans are saying they do not see any danger at this moment. but they are ready. back to you, shep. >> greg palcott live in our london newsroom. thank you. more on the terrorism front. we're hearing from a couple of well known terrorists now. the first video coming out of pakistan where al-qaida is apparently renewing its efforts to turn muslims into militants. the american-born spokesman for the terrorist group has released a video. in it, he pushes pakistani muslims to rise up against their leaders. he called the government's response to recent floods

sluggish and half hearted. and said it proved leadership did not care about them. his comments echo similar words earlier this month from osama bin laden's right-hand man. well, the guy accused of trying to set off a car bomb in times square now we know was also planning another attack. so say the feds who released a videotape confession today. they say he bragged about how his bomb would have killed 40 people in times square last may. except it didn't explode and nobody got hurt. shahzad says he planned to set off another device two weeks later also in new york city. he pleaded guilty to the attempted times square attack and he's facing life in prison at his sentencing next week. the first gitmo detainee going on trial in federal court today. experts call it a test case. in the debate over where to try the 9/11 suspects. and the jury is expected to hear from osama bin laden himself. were the suspect accused of conspiracy in the 1998 bombings of two embassies in africa, ones

in kenya and tanzania but his lawyers claim he's the victim of cruel interrogation tactics and experts say that's where the decision to try him if a civilian instead of military court makes a crucial difference. our senior correspondent eric shawn live at the courthouse here in manhattan. that's because, eric, the rules are much different about torture. >> yeah, shepard, the lawyers call it an enhanced interrogation technique. in other words, torture. we don't know if he was water boarded or what they did to him but we do know this, that federal prosecutors say they will not enter evidence into his trial, what he told authorities if he said anything at all. even if the prosecutors try to do that, the federal judge in this case will likely not allow it. he allegedly drove -- helped loan one of those trucks that was driven into the embassy in tanzania as well as buying the cylinders, the oxygen cylinders and the dynamite that was used

to assemble that bomb. shep? >> are we going to hear from osama bin laden in this trial? >> yeah, you may forget but just before 9/11 within a year, year and a half before the attacks, he gave a couple of television news interviews. in them, he talked about issuing a fatwah against americans and they will likely play osama bin laden's videotaped interview in which he said that members of al-qaida should attack americans around the globe. that way, they can try and tie the defendant into al-qaida. he allegedly was one of osama bin laden's bodyguards. as a matter of fact, that tape occurred not only before 9/11 but also four defendants who were members of al-qaida were also tried in this very similar case of bombing the embassies in africa. they were convicted. they're serving life in prison. those convictions, shep, only a few months before september 11th. >> eric shawn live in new york city this morning. thank you. the woman accused of faking an acid attack and conning the whole country was in court today. it's her first appearance since

her dramatic hospital news conference when she invented the story of her attack. >> i'm trying to stay positive. i'm a happy person. >> maybe not as happy today, though. we'll see what happened when this woman faced the judge. that's coming up. [ male announcer ] you can dream of protecting networks from virtuall any security threat. or, like fortinet, you can dream it and do it. fortinet lists on nasdaq, the world's most innovative can-do exchange.

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>> now, the breaking news i mentioned. it's now official, california's first scheduled execution in

five years is off. state officials blocked tomorrow night's scheduled execution of albert greenwood brown. he raped and killed a 15-year-old girl. officials citing a series of setbacks in federal and state courts. and the expiration date of an execution drug. the attorney general's office reports it can no longer go ahead with the lethal injection. the drug is set to expire on friday night. the manufacturer, we're told, will not have a new supply of that drug until early next year. they'll make further discussions. the woman who claimed a stranger threw acid on her and then admitted she made the whole thing up went before a judge today. her first public appearance in weeks. she's bethany storro and walked into court wearing a single bandage on her face. her scars clearly visible there. she pleaded not guilty to theft after accepting nearly $28,000 in donations. prosecutors have said she spent some of that money on new clothes, on dinner, and on old medical bills. all of this after she had a

tearful news conference from an oregon hospital earlier this month claiming a stranger doused her with acid. >> i have my ups and downs, you know, i think about what happened and i get frustrated and, of course, all the typical questions, why did this happen to me? and then i'm ok. i'm sorry. >> that was september 2nd and these are pictures taken before and after she put some sort of drain cleaner on her face. she later admitted to exactly that. in an apparent suicide attempt. david wilson of fox station kptv is live tonight in vancouver, washington. what happened in court, david? >> well, first of all, it was a very different bethany storro we saw today than what we saw in the tape there. bethany was very quiet as she was ushered in and out of the courtroom. the damage to her face from the drain cleaner very visible. she said very little although reporters fired lots of questions at her. she was flanked by her parents

and her attorneys. she was asked if she had a public apology. she didn't say a word. she was taken down to the jail and booked. again, not saying a word. very, very quiet. she is hard of hearing but she can read lips but basically whisked in and out of the courtroom today. >> what's next for her? is jail time a possibility, david? >> well, possibly down the road but at this point, she's never spent any time in jail and that angers frankly very many people here. she's basically released today but during this release, she's mandated to stay at a mental health facility here in the vancouver, washington area until her trial. but again, that anger, a lot of people would like to see her in jail and paying for these alleged crimes. >> david wilson live tonight, vancouver, washington. thanks, david. there's word this evening a man who opened fire inside a hospital in nebraska this morning is now dead. it happened at creighton university medical center in omaha. cops there say the gunman shot and wounded two police officers

and that they then returned fire. both officers we're told survived but the gunman died a few hours later according to hospital officials. cops say the same man led officers on a high speed chase last night in an omaha suburb. reports indicate police had been trying to question him in connection with the domestic abuse complaint. well, according to the drug enforcement administration, employees for the u.s. postal service were using their jobs to deliver drugs. the feds are accusing seven mail carriers in san juan, puerto rico of running a smuggling ring that shipped drugs to texas, arizona and oklahoma. drugs that included cocaine, heroin and pot. the d.e.a. estimates the ring smuggled at least 100,000 pounds just in marijuana alone. they say that would be worth some $150 million on the streets. well, they cleaned up after the worst ever attack on u.s. soil and they themselves became victims. tonight, lawmakers making a very big decision on whether to move forward with a bill to help the

workers sickened at ground zero. the first responders who risked their own lives to save others in lower manhattan. and what happens in your bedroom is your business, right? tonight, a tragic case of a young man whose private life was broadcast on the internet and he had no idea. he was a very young man in college. his roommate and a girl are in big trouble. tonight, the sad story from rutgers from the journalists of fox news on "the fox report." hi. well, this is where it all starts at regions.

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>> a sad and senseless story out of rutgers university tonight. a freshman killed himself, jumped right off the george washington bridge and it happened one day after a roommate and friend of his set up a hidden camera of some sort and broadcast live on the

internet a feed of that freshman reportedly having some sort of sexual encounter with another man. the freshman in question's name is tyler clemente. he was 18 years old and we're told he was an accomplished violinist. his family says they are heart broken beyond words. well, now, two 18-year-olds who had only been in college for a month face the possibility of years in prison. "the fox report's" chief correspondent jonathan hunt is with us. do we know how this unfolded? >> darren roby, one of the accused freshman was his roommate along with his friend molly way, they set up this hidden camera first on september 19th and then went to way's room and watched on a laptop as tyler clemente apparently had sex. they did the same thing again on september 21st, a day later, tyler clemente having posted on the facebook, going to jump off the g.w. bridge.

sorry. he did just that. he went to the george washington bridge over the hudson river, that connects new jersey and new york and threw himself into the hudson and there is late word tonight, shep, that police have recovered a body from the hudson river. it may be that of 18-year-old tyler clemente. >> his roommate had tweeted, sent out a message over twitter he saw him making out with another guy and they were yucking it up on twitter about it. now the victim's family has issued a statement, i guess. >> yes. the statement issued through an attorney for the family of the victim. they acknowledge that tyler clemente did indeed commit suicide by jumping off the george washington bridge last week and they go on to say, i'm quoting here. tyler was a fine young man and a distinguished musician. the family is heart broken beyond words. they respectfully request they be given time to grieve their great loss and their privacy at this painful time be respected by all the family and their representatives cooperating fully with the ongoing criminal

investigation of two rutgers university students. difficult to imagine how they're doing right now. >> in massachusetts, there was a case of a girl being bullied and bullied until she killed herself. in this case, they're two students who put video live on the internet of a young boy apparently making out with another guy and then he killed himself. is it similar? could they face similar charges? >> right now, prosecutors are telling us and told us point blank today the charges that they have in their words are invasion of privacy. those charges in themselves could carry up to five years in prison. but they may want to follow the lead of those officials in massachusetts who, as you know, charged a group of students, six of them in all, with murder in the case of that young student, 14 years old, phoebe prince. she committed suicide after allegedly being relentlessly bullied. one 18-year-old student is dead tonight and two others have their lives changed forever in this tragic case.

>> mighty sad. thank you. former president carter we thought was going to be out of the hospital a couple of days ago but he's still in a hospital in cleveland as fox reports tonight. his medical team says a virus of some kind is likely to blame for keeping him there and that the infection is now clearing up. president carter is 85 years old now and suffered some stomach problems, he said, during a flight from atlanta to cleveland prompting medics to meet him on the tarmac. a hospital spokeswoman says president carter has been in good spirits. according to family members, the former president will resume his book tour sometime later this week. president obama says the military option is on the table when dealing with iran. but one senator says the president should go even farther. to keep tehran from getting nuclear weapons. we're live at the pentagon on the top story at the bottom of the hour and we're hearing from the pilot who pulled off a dramatic emergency landing a few days ago. remember this video? heads down, stay down. heads down, remember? tonight, what the captain has to say. plus still paying a buck or more

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my name is kim bryant and my husband and i made a will on legalzoom. it was really easy to do. [ spits ] [ both laugh ] [ robert ] we creed legal zoom to help you take care of the ones you love. go to legalzoom.com today and complete your will in minutes. at legalzoom.com we put the law on your side. >> the debate over cheerleading is far from over even after a federal judge ruled that no, cheerleading is not a sport. at least two organizations are now working to create a new version of competitive cheerleading. one they hope will qualify the varsity sport under title 9. that's the federal law that requires equal opportunity and equal funding for men and women in college athletics. laura ingall has the angle of it all. there's a lot of stake here. >> that's right. funding for colleges is closely tied as to whether an activity is a sanctioned sport or not so being recognized by the ncaa would mean a bigger budget and for cheerleaders who have

invested years of training and dedication, that's something they have always dreamed of. >> sonja stark considers herself an athlete. >> we're in the weight room. we're lifting weights. we're competing with the football guys. >> but in july, a connecticut judge disagreed. ruling cheerleading is too underdeveloped and disorganized to qualify as a sport under title 9. the 1972 law ensuring equal rights for women's athletics. now, two different organizations are taking matters into their own hands. >> we want to establish a new sport where they truly feel that it's utilizing their athletic skill set and to where they're recognized for the amazing abilities that they have. >> u.s.a. cheer and the national collegiate acrobatics and tumbling association or ncata are taking the necessary steps to meet ncaa standards.

participation from at least 20 schools, consistent scorekeeping and a competitive regular and post season. >> our goal is to provide new opportunities for female athletes at the collegiate level. >> giving these competitors something to flip over. >> there is so many opportunities and i've been doing this for so many years and just to see it develop into something new like this is awesome. >> both groups hope to have a plan by the spring and hope to have competitive programs up and running by next year but it will be up to the ncaa to make the official ruling but this could happen by next year. shep? >> laura ingall live in the newsroom. thanks. i'm shepard smith. this is "the fox report." it's the bottom of the hour. time for the top of the news. another senator is putting new pressure on iran as fox reports tonight. saying the united states has to keep tehran from getting nuclear weapons even if that means using military force. here, listen. >> time for a message for our friends and enemies in the

region to become clearer. namely that we will prevent iran from acquiring a nuclear weapons capability. period. by peaceful means if we possibly can but with military force if we absolutely must. >> which is exactly what the president has said in another way when he reported all options are on the table in the stand-off with iran. on studio b this afternoon, the pulitzer prize winning journalist and fox news contributor judith miller told us she thinks they're exactly on the same page. >> in fact, what lieberman is doing is playing kind of bad cop. >> yep. >> stop this or else. the president is saying -- a nuclear weapons capability in the hands of iran is unacceptable. the two men are saying the same thing in just very different language. >> and last week, the south carolina republican senator lindsay graham also made the case for a possible attack saying if we engage in military operations as a last resort, the united states should have in mind the goal of changing the regime, not by invading but by

launching a military strike by air and sea. our national correspondent steve centanni live at the pentagon now and steve, there are obviously risks and they are large to launching military strikes on iran. >> that's right, shep. even though the military attack would be a very carefully targeted air strike that would minimize any casualties on the ground or casualties among american or other allied troops, still there are risks and those are especially that there could be retaliation by iran or by its proxies which include hezbollah in lebanon or hamas in gaza and the target could be israel in that case and so the fears are this could destablize the whole region and lead to a wider war. >> all this talk comes at the same time iranians are getting hit with new sanctions. >> yeah, different kind of sanction, too. you know there's been many economic sanctions. these now are not for the nuclear program that iran is planning but for human rights violations and we had secretary clinton, secretary of state clinton and the treasury

secretary timothy geitner coming out today both announcing together sanctions against eight individuals inside iran. for their violations against people who are protesting in the wake of the election last year in iran. now, secretary clinton had some harsh words for some of these iranian officials. let's listen. >> on these officials watch or under their command, iranian citizens have been arbitrarily arrested, beaten, tortured, raped, blackmailed and killed. >> and these officials under these individual sanctions levied by the u.s. today would have travel restrictions placed on them and any assets they have in the u.s. totally frozen. shep? >> steve centanni at the pentagon tonight. thank you. new details on the release of the lockerbie bomber and fresh today, a united states state department official telling the senate panel that there is no indication at all that the oil giant b.p. had a single thing to do with getting the convicted killer out of prison. this despite the accusations that b.p. did indeed help secure

his release in exchange for an oil deal with his native libya. the year was 2009. a scottish judge freed him on compassionate grounds after a group of doctors said he had three months to live. medical experts say the prognosis was not justified and it should be no surprise that al-megrahi is still very much alive. he remains the only person ever convicted in the 1988 pan am bombing over lockerbie scotland. 270 people died in that attack. many of them college students. >> the bill is passed! >> and that bill is to give health care to rescue workers who got sick after they worked at the world trade center site after the attacks of 9/11. not usually allowed to cheer like that in the house chamber but some of they will cheering were emergency workers.

it was a shouting match when it failed to pass in the summer. 160 republicans voted for it today. those who didn't say they're worried about the $7 billion price tag. the senate is still working on its own version of the bill so it's not a law yet. >> rise of freedom. our cameras have been following workers who are rebuilding ground zero for months. if you haven't seen it lately, you haven't seen it. i recently got a look at some amazing progress they're making at what will be the new one world trade center. the tallest building in this country. >> this is where i really get exhilarated. i mean, the city thinks of itself in terms of skyscrapers. when i stand up here and realize we're only on 31 and this tower is going to 104, this is going to be an incredible building. >> 104 stories and now at 31, we'll have the full story for

you tomorrow night as on "fox report" we continue our series "the rise of freedom." we hope you'll be with us here for it. all across europe today, large crowds of union supporters gathered to protest in a huge way the cost-cutting measures their governments have made in recent months. many of these moves have cut their pensions and raised their taxes in order to avoid the country's financial collapse. security forces report the demonstrations were mostly peaceful but police in brussels, belgium, say they detained more than 100 people who took part in a sit down protest in the middle of the street while police in dublin, ireland, arrested a man who used a cement truck to block the entrance to parliament. ashley webster is live this morning from london and ashley, these folks seem really upset. >> yeah, shep. they really are. bottom line, union workers across europe say you know what? we are paying a very heavy price for the recklessness of banks and traders who created the very problems that led to the recession in the first place.

where still, it's their taxpayer dollars that will help bail out those very same banks. boy, it sounds familiar, doesn't it? the same argument in the united states. even worse, though, european governments have very few options left. they can either cut spending and raise taxes, wages are being slashed or frozen. jobs are being cut and retirement ages, my goodness, retirement ages have been raised in france. that means from 60 to 62. >> heaven forbid. investors here actually paying attention to what's going on there, it appears. >> absolutely. we've seen an impact on wall street today despite a late day rally of sorts. the dow still sitting down -- finishing down about a quarter of a percent but it was the financial stocks that took a hit today because there are many u.s. banks that have exposure to european debt and if that debt is defaulted on, it's going to be a big hit for the banks. we've seen the dollar weaken as a result of this and all the money flowing into the safe haven of gold that hit a price

again at $1314. it's much the same stuff we're hearing in the u.s. but europeans taking to the streets to really vent their anger. shep? >> ashley webster live in london. thanks. we're hearing from the pilot behind the wheel, if you will, of that emergency landing in new york city. you probably remember this cell phone video if you saw it. a passenger reported the entire landing on camera. you can hear the flight attendant yell heads down, stay down over and over. earlier today, the captain spoke from his home in florida and thanked everyone involved. >> the crew performed their duties flawlessly with complete professionalism. during our emergency landing in j.f.k. saturday night. but i'd also like to thank the passengers who remained calm during the entire process. and proved that once again, new yorkers are a special breed of people. >> yes, they are. 64 passengers and crew members on board, not one single injury.

captain jack conroy said it was the most difficult and significant incident of his 32 years in the air. a lot of folks have chosen to let reality tv crews follow you around. when your everyday life may include something akin to breaking the law, you might want to keep the cameras out of the house. >> like any other normal family in america, just we have a few more people. >> one man and his four wives. now under investigation after appearing on a tlc show. >> we're looking at bigamy and we'll see where the investigation takes us. >> a lot of love and a whole bunch of trouble coming up. unce] when it comes to energy bills, let's see how low we can go. let's do some little things... that help us save big. add some insulation here. a little weather stripping there. maybe an energy star-rated appliance, or two. let's save mey on the things that keep saving money. that way, we can turn a little energy into a loof savings.

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>> police in the state of utah are now investigating a polygamist family and they apparently didn't have to dig very deep because the family is currently starring in a new reality tv show. they call it "sister wives." and it follows the everyday trials and tribulations of one big happy family, the browns. one dad, four moms, 13 children and three stepchildren. aww, isn't it lovely? of course, polygamy is illegal in the united states and in utah it's apparently illegal to have one wife and three mistresses all living there together which is the case here. but the father, kody brown says he's tired of living in the shadows. >> what it is is the fear of being prosecuted is less

daunting than the fear of continuing a society in secrecy and darkness. >> ok, it's worth noting the family is not a part of the mainline mormon faith. trace gallagher is in our west coast news hub. i know they call the show "sister wives" but only married to one of them. >> only married to one, shep, and her name is mary but calls the other three women his spouses even though there really is no legal contract. but apparently, when you talk about polygamy, it's not as much about the marriages. we'll look at a clip of the show. as it is about the cohabitation and it turns out the cops in utah don't like the fact that the browns are cohabitating on national television. listen. >> we'll see where the investigation takes us. >> any other crimes you're looking at at this point? >> we'll see what happens with the investigation. >> there are some 38,000 fundamentalist mormons that are still practicing polygamy. shep?

>> polygamy is very rarely prosecuted anywhere, right? >> yeah. very rarely. in fact, the last one was back in 2001. it was tom green and the main reason he was prosecuted is because he married a 13-year-old girl. if you recognize his face, you'll also know that back in 2001, tom green was going on a lot of television talk shows. he was flaunting polygamy and prosecutors say at the time, that was exhibit 1. so now, the prosecutors say they will be watching "sister wives" but again, the prosecutor in utah county says he has not been asked to prosecute this case and even if he is asked, he's not sure that he will. i can tell you the utah attorney general has a long record of only prosecuting cases where there is abuse of women and children. so for now, in utah, it looks like the show goes on, shep. >> the show goes on. thank you, sir! fox weather alert now. and the east coast, man, you better look out! that was tropical storm nicole

heading north and the remnants of that system expected to drench the eastern seaboard. heavy rain, localized flooding hitting folks from florida to south carolina already before the storm kind of broke apart. and forecasters say parts of the mid atlantic region and the northeast could see up to a foot of rain. i saw some of the local stations today talking six to eight inches in new york city. >> it's possible. if you go west, they'll see a little more. east in areas like boston not seeing as much. new york city and west will be pummelled. this is kind of the center of the storm. no longer a tropical storm. the center of it not very organized at all but that doesn't make a difference. all of the moisture that's associated with this and take a look at this, shepard, all the way down into the caribbean, a lot of moisture here and it will all be pulled up to the north. this is the radar picture, miami, you're almost done with this rain. that's good news fortunate. it's going to lift out of here. points into the carolinas, that's where it's going to be very dangerous. in fact, wilmington, north carolina, shepard, since sunday

has had 15 inches of rain already so a lot more rain going. it's going to redevelop right here off the coast and all of this is going to pull in towards the northeast so that rainfall totals from this are going to be extreme. some areas maybe another foot or more of rain and a lot of places 6 to 8 inches. right there, you can see that swath. we'll be talking about a major flooding situation for a lot of people by the time we get towards around tomorrow night. >> all right. careful on the subways. good to see you, rick. thanks. news bites now and ipod may finally be getting some real competition. new apps from on-line music subscription services are making millions of songs available to those with smart phones and other mobile devices but for just $10 a month. we're told that unlike with the ipods, you won't have to own the songs. but you will have on demand access to them. nintendo's highly new anticipated 3ds game will not hit the stores in time for the holiday shopping season. the video maker slashing its

earnings forecast after making that announcement. the 3d game said to be the company's most significant product launch since wii in 2006. 34 days now until midterm elections and one senate democrat is apparently in trouble in, of all places, california. barbara boxer in a dead heat now statistically with her republican rival and her hometown newspaper is refusing to endorse her. we'll get you updated live on the campaign trail plus another showdown between the united states and iran and this one is over pistachios. for real. ♪ for he's a jolly good fellow ♪ the meeting's tomorro in dals ♪ ♪ we need to finish tho projections ♪ ♪ then output the final presentations ♪ ♪ sally, i'm gonna need 40 copies, obviously collated ♪ wht's going on? when we're crunched for time, brad combines office celebrations with official business. it's about efficiency. [ courier ] we can help. wh you ship with fedex, you can work rht up until the lastinute. it gives you re time to get stuff done. that's a great idea. ♪ i need tspeak with you privately ♪ ♪ i found your resume on the printer ♪

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>> fox news is america's election headquarters and man, a lot of people are keeping close eyes on california. a three term incumbent, the democratic senator barbara boxer

facing by far the tightest race of her senate career. she's fighting the former hewlett-packard c.e.o., the republican. according to the latest poll conducted by pulse opinion research, if folks had to vote in the 2010 u.s. senate election today, 46% would vote for the democrat barbara boxer. 44% would vote for the republican. 4% would vote for somebody else. 6% not sure. that's a dead heat if there ever was one. our chief political correspondent carl cameron live tonight in pasadena. carl, barbara boxer has been a fixture in california politics for decades and fiorina is pretty new at this whole thing. this smells of tea party. >> that's right. tea party was involved in the primary helping fiorina get going and they have continued with her in the general election helping energize the republican vote here but the tea party movement in california is very spread out and there's lots of different groups and she makes the point that it's not all the groups behind her and she sort of breaks them apart.

as far as barbara boxer, the democratic incumbent is concerned, it makes a very, very loud choir of critics who say after three terms in washington, she has proven herself ineffective and it's time for her to go because she's par of the democratic agenda that the tea partiers and republicans say is blowing the deficit and driving the economy deeper into a ditch. >> i didn't get to hear it but i'm told there's a radio debate that got kind of lively between the two of them. >> there was a radio debate here at the southern california public radio and it features boxer from washington, d.c. via satellite and fiorini here. it was pretty tough but reflective of the types of things they've been saying about each other all along. fiorni argues that boxer is a washed up democrat that should be let go and boxer counters that fiorni is a former exec too beholden to wall street. she was a c.e.o. at h.p. >> while californians lost their jobs, fiorni tripled her salary,

bought a million dollar yacht and five corporate jets. >> i'm proud of what i did at h.p. >> did you say senator instead of men? there's just a thing. i worked so hard to get that title. i'd appreciate it. yes, thank you. >> 28 years in washington. and barbara boxer works hard for a title? >> that's what's on tv. when they're debating it gets nastier. more than 40% of the votes will be cast by mail-in ballot and early voting begins on monday. shep? >> great to see you. enjoy pasadena. another battle between the united states and iran now and this over nuts. a u.s. government ban on pistachios grown in iran takes effect today. kind of sounds rather trivial, doesn't it? but figures from the department of agriculture show the u.s. and iran are the two largest producers of pistachio on the whole marble. iran exported about a million pounds to the united states in the last year and the ban could mean a big boost for california growers who stand to profit on a

domestic market valued at, get this, for pistachios $700 million. a peewee football game. and it turned ugly. of course, it wasn't the kids. those don't look like kids to you, do they? no, those are grown-ups. some are coaches, some are parents and all of them are in a bit of a pickle tonight. we'll show you what set them off but first, log on to foxnews.com. check out the new feature, it's the end of the world. just click on the side tech tab at the top of the page from super volcanoes to a robot takeover. details on eight potential armageddons. [ lisa ] my nams lisa, and i smoked for 29 years. the one thing about smoking -- is it dominates your life, and it dominated mine. i honestly loved smoking, and i honestly didn't think i would ever quit.

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>> fox top stories coming right up. first, a hard fought battle at a peewee football game and unfortunately, it was between the parents on the sideline. coaches losing their cool while their 11 and 12-year-old sons stood and watched. and while a camera in the bleachers rolled. >> i've never seen anything like that as long as i've been on this earth. >> it started at kickoff at this game in texas between the peewee patriots and the hurricanes. the patriots player returned the ball for a touchdown thanks in part to a big block. did you see it there?

look again. the block sparked an off camera fight between two of the players. >> one of our coaches noticed the kids scrambling on the ground and he broke them up. >> that patriots coach was a parent of one of the players in the fight and the hurricanes coaches say they didn't like the way he handled things. >> instead of breaking them up evenly, he took the coach's son and threw him approximately about 15 feet. >> all these other coaches and they started -- >> mostly just pushing and shoving. check out the guy at the top of the screen blindsiding the other coach with a blow to the head. >> i think they acted like kids. >> the league banned the patriots coach for life. suspended several other coaches and disqualified both teams from the post season. but prosecutors say they will not file criminal charges. updating one of fox's top stories tonight. the california governor arnold schwarzenegger calling it absurd

that the state's legal system has delayed yet again the execution of a death row inmate. court challenges and expired drugs has held up albert brown's execution. and on this day in 1920, a department store in pittsburgh began selling the very first ready made home radios available in the united states. in those days, radio was a pretty new technology before those first receivers went on sale, folks had to buy kits and build their own radios. and they were mainly used to talk to neighbors. then the first sets hit the street. at $10 a pop, about $100 today, within three years, there were more than 550 radio stations in the united states. these days, radio giving way to satellite and the internet but the airwaves were a buzzing 90 years ago today. and now you know the news. for this wednesday, september 29th, 2010. i'm shepard smith. it's great to have you in