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00:00Dog baseball story. Thank you. That's a good. All right. Anyway, that's why
00:11Good evening. Welcome to Washington. I'm Brett bear breaking tonight's special counsel
00:15Jack Smith has filed a reworked indictment in his election interference case against former president Donald Trump
00:22The new filing keeps the same criminal charges
00:26But narrows the allegations against the former president following that Supreme Court opinion on broad immunity on former presidents
00:33So what about this what goes on from here correspondent David spun has details from the Justice Department tonight
00:40Good evening, David Brett. Good evening to you
00:42This is the new indictment of President Donald Trump
00:46The former president still has the same four core charges from when he was indicted last year
00:51But as you mentioned it narrows some of the language the language is a little bit tighter and it takes out mentions of certain
00:57people that special counsel Jack Smith felt that he could not move forward if he wanted to be
01:03successful in court something else to point out a brand new grand jury heard evidence in this case and
01:08Decided to indict. This is not the same grand jury from last year
01:12Now this all comes after the Supreme Court early last month on July 1st ruled on
01:18Non-presidential immunity ruling in Trump's favor making it more difficult for Jack Smith the special counsel to bring in certain
01:24Aspects of his original case a case that was supposed to go to trial bread in early March of this year
01:29But the justices ruled that presidents have broad immunity for official duties
01:33These are the four charges that will remain the same conspiracy to defraud the United States
01:38conspiracy to obstruct an official proceeding obstruction of an attempt to obstruct an official proceeding and
01:44Conspiracy against rights but Brett what's different is the new indictment focuses more on Trump in his potential
01:50unofficial role as a candidate and less on his official role as president the Supreme Court had said the president may enjoy such a
01:58presumption of immunity think of Trump's tweets and speeches to supporters as a
02:02Candidate a special counsel Jack Smith and Donald Trump's attorneys will be in front of the district judge Tanya Chutkin
02:09Next week here in Washington DC
02:11Trump is not expected to attend and sources connected to both sides. Do not expect this to go to trial before election
02:18This certainly is another delay, but definitely a pared-down
02:23Indictment and we just got some reaction from the former president
02:26He posted on social media and said in an effort to resurrect a dead witch hunt in Washington DC and called what?
02:32Special counsel Jack Smith did today as an act of quote
02:36Desperation Brett David Spahn at the Justice Department David. Thanks
02:41This is essentially the same case
02:44But it has now become much stronger because it has pared away the allegations
02:48The Supreme Court has said are immune from prosecution. We've basically got the same old
02:53indictment shined up
02:55Purportedly as something new that this case has been ruled on already that this shouldn't change anything
03:03For some legal analysts digesting that as it happened late this afternoon
03:07Let's get our own analysis from George Washington University Law School professor Jonathan Turley Jonathan. Good evening
03:14What do you make of this? Obviously the special counsel? It's kind of like the Empire Strikes Back
03:20Refiling another indictment here
03:23Yeah, it's a it's the shrink inflation indictment
03:27It's it's the same packaging just less product inside and what they did is kept the four
03:34Charges and they just took out any evidence that clearly would have contradicted the Supreme Court's decision
03:41on presidential immunity
03:44It does not hold together in my view very well. I don't even think it solves the problem
03:49For example, he's keeping in as one of the four main allegations
03:55Trump's communications with and to Pence that's still presumptively
04:02Protected under the Supreme Court decision. He also includes
04:06Communications with members of Congress that could also trip a wire
04:10the first two main theories deal with state officials and
04:14the slates the alternative slates that
04:18Trump's team was pushing so he doesn't really get out of
04:23The problem that so many still see with this what's also interesting but as he keeps the
04:29Charges of obstruction of official proceedings. There was a second case the Fisher case that dramatically narrowed
04:38How prosecutors can bring that charge they have to essentially
04:42Alleged tampering of evidence or destruction of evidence. It's not clear how he's going to thread that needle on those charges
04:50Yeah, David mentioned the truth social post by the former president
04:54There's actually a series of them fairly lengthy, but in that in that he said it should be dismissed immediately
05:00He calls him deranged. Jack Smith has brought this ridiculous new indictment against me
05:04It's merely an attempt quote to interfere with the election
05:09I want to just play this soundbite from Sandra Smith talking to Supreme Court Justice Neil Gorsuch about that immunity
05:15decision tickles
05:17It's the first time in American history that one presidential administration was seeking to bring criminal charges against a predecessor
05:24There's a precedent the United States Supreme Court the court called Nixon versus Fitzgerald in which the court said that civil cases
05:33Can't be brought against a president presumptively in his official capacity after he leaves office
05:39Why because that would chill him from exercising the powers and duties of president while he's president
05:46So Jonathan if
05:48This goes forward and if let's say the former president doesn't succeed in court. We're still talking about months if not years of
05:57Dealing with this specific case that the special counsel is bringing forward
06:03Well, I think that the Supreme Court will still have problems with this indictment I
06:10Clearly he took out things that would have tripped the wire and would have rendered any verdict really
06:15In my view unsustainable, but I think they're still gonna have problems for much of what?
06:20Justice Gorsuch talked about
06:23This takes away evidence that he originally cited, but you still have a lot of communications in there
06:29Now the biggest problem for Smith is that if Trump wins the election
06:33He's gonna end up looking like Captain Ahab without a ship or crew because it's very likely that
06:40The special counsel investigation is going to be scuttled or terminated
06:45With a Trump victory
06:47But even if he can even if Trump is not elected, I think that Smith has a pretty heavy load to haul
06:55Not necessarily to get a conviction. This is a favorable judge and jury but to keep a conviction sustained on appeal
07:02Let alone the Florida judge ruling that the special counsel was not appointed in the right way
07:09A whole other element to this case Jonathan as always. Thank you
07:15Thank you
07:16Republican vice presidential nominee JD Vance in swing state, Michigan today taking the stage at an event focused on the US economy
07:23Blasting the Biden Harris administration record on energy
07:27It's part of a battleground blitz for Vance and former President Trump in states
07:32Trump narrowly lost in 2020 and we're learning more tonight about that September debate
07:38Correspondent Ayesha Hosni spoke with Senator Vance one-on-one ahead of remarks in Big Rapids. She joins us from there now. Good evening, Ayesha
07:47Right good evening to you and on that debate it's only getting a little bit more confusing by the day tonight a Fox
07:54Source familiar tells Fox News that there will be an ABC debate and the mics will be muted
08:00And that is what former President Trump announced tonight on truth social
08:06However, the network itself has not confirmed that and the Harris campaign is telling Fox tonight
08:12Quote this remains an ongoing conversation with ABC
08:17Former President Trump on truth social today announcing the first presidential debate hosted by ABC is on
08:25Writing the rules will be the same as the last CNN debate
08:29Which means the mics stay muted when the other candidate is talking
08:33He adds the candidates cannot bring notes or cheat sheets
08:37He wants to do a debate Senator J.D
08:39Vance standing up for his boss on the campaign trail after the Harris camp claimed that Trump wanted to get out of the debate
08:45Vance told Fox the campaign isn't budging on the rules
08:49But do you think he'd be open to renegotiating the rules just to put on a debate for America?
08:53You know, I don't know. I don't think we're gonna get there yet, right?
08:55We're actually make them follow the rules that they agreed to Vance making his fourth visit to Michigan
09:01This time at a Big Rapids horse farm down the road from where a Chinese-owned company is planning to build a massive
09:092.4 billion dollar lithium battery plant for electric vehicles
09:14Democrat governor Gretchen Whitmer touting the creation of more than 2,000 jobs
09:18But former President Trump says the push for EVs is quote killing, Michigan
09:23Even some of the folks in Obama's administration said that the Goshen
09:29Factory plant is a threat to America's national security Vance also blaming the Biden Harris administration's energy policy
09:35For the shutdown of two major engine plants in the battleground state
09:43Also happening tonight Brett the Trump campaign slamming Harris for coming out today and saying that she does not
09:51support an EV mandate, but she did co-sponsor a
09:562019 bill called Zero Emissions Vehicles Act, which requires car manufacturers to have to produce only
10:05Vehicles that only sell zero emissions vehicles by
10:102040 Brett Aisha Hosni in Big Rapids, Michigan. I should thanks on the other side of the campaign trail
10:16Republican critics growing louder and their assertion. The Harris campaign is all about vibe rather than substance
10:23Now we get word of a scheduled interview senior White House correspondent Jackie Heinrich has the story live from the North Lawn
10:29Good evening, Jackie
10:30Good evening, Brett
10:31One of the moderators from the debate that doomed President Biden's campaign is now set to interview the party's new nominees
10:39But there is reportedly a deeper reason why the host is getting to sit down with both candidates on the new Democratic ticket
10:47CNN reports Dana Bash is getting the first interview with Vice President Harris as the Democratic nominee making good on this promise
10:57But in a new twist vice presidential nominee Tim Walz will also be part of it after Politico reported today
11:04One of the issues Harris world is currently working to address is how to deploy running mate Tim Walz in the media
11:10The danger in sending him out to do big solo interviews is that he might not have a full command of where Harris is
11:15on every issue
11:17The news is significant after Harris reportedly rejected the notion her first sit-down had to be with a big-name anchor
11:23Because her aides were unhappy with how this went last October
11:27I'm not gonna engage in that hypothetical because Joe Biden is very much alive and running for re-election
11:32So what you do know, I mean that is a
11:35Concern and an illegitimate concern
11:37I would say I hear from a lot of different people a lot of different things
11:41Walz got some practice in with this interview that dropped today on tik-tok
11:45We believe that she's belongs on the inside of the bird. I do believe it should be inside
11:49It's like a hot chocolate molten lava cake
11:51How much of the interview will focus on policy is a question mark so far the Harris introduction to America is happening through ads
11:57Like this one painting her as tough on the border spotlighting Trump's border wall
12:02Even Democrats say she needs more meat on the bone
12:05The important thing is that she ought to be addressing the issues at the border
12:10The most important thing that she can do is have a policy that will actually make a difference
12:14And that's what she proposed signing when she was up there on stage giving her acceptance speech
12:20Now the Harris team is not walking away from the Trump border wall imagery acknowledging that the bipartisan border bill
12:27Foiled by congressional Republicans last year
12:29Which Harris is now making her own pitch includes 650 million dollars in border wall funding
12:36The Harris team is noting though in the media that this is not new money
12:40But like many other sticky policy issues at the full Democratic base might not embrace
12:46Harris has not explained herself about it yet Brett. All right, Jackie. I'm live in the North Lawn Jackie
12:52Thanks stocks edged higher after a muted trading session today the Dow gained ten to a second consecutive record close
13:00There's some people have hundred added nine
13:02The Nasdaq was ahead 29 up next a stunning revelation on social media censorship over pressure
13:09from the Biden administration will explain plus the revitalized effort to fix a rule that
13:14Effectively treats US hostages like tax cheats when they return home
13:23Metta CEO Mark Zuckerberg is receiving both criticism and praise tonight after revealing the Biden administration
13:31pressured Facebook to censor
13:34COVID-19 content during the pandemic. He also issued a mea culpa about Facebook's handling of the hunter Biden laptop story
13:41Zuckerberg admits to bowing to some demands but is vowing to push back if faced with such pressure again
13:48Correspondent Griff Jenkins has the story when confronted with a deadly pandemic this administration
13:54Encouraged responsible actions to protect public health and safety the White House did not address
13:59Zuckerberg's other admission that his company was wrong when they demoted the hunter Biden laptop story following FBI warnings of
14:07potential Russian disinformation and tech experts say this may only be the tip of the iceberg
14:13Really an extraordinary abuse of power by both the FBI the CIA on
14:19Coven so I think we're still at the beginning of a reckoning here of
14:23really a panic that resulted from people's ability to get information and
14:29Brett Zuckerberg also says in an effort to remain neutral gone are the so-called Zucker bucks
14:34He says he will not be making any political donations this election cycle
14:38He doesn't want even the appearance of any partisanship will follow interesting Griff. Thanks
14:46Policymakers are renewing their calls for the house to take up Senate passed bipartisan legislation
14:51Preventing the IRS from levying fines and penalties on American hostages and detainees when they're held abroad
14:59Seems common sense correspondent Madeline Rivera explains from here in DC
15:04The joy
15:06Unmistakable as Paul Whelan Evan Gershkovich and Alsu karmasheva returned to the u.s. From Russia early August
15:14But after relief comes reintegration and that brings another set of challenges
15:19Imagine all of the things that that sort of fall by the wayside when you have been
15:26Really off the grid for a year or more
15:30Washington Post journalist Jason Rezaian was released as part of a prisoner swap with Iran in 2016 when he returned to the u.s
15:38he found himself dealing with unpaid credit card bills and other fines and fees including penalties and
15:44Interests that piled up on my unpaid taxes that I was unable to file when I was in prison
15:50His bills for unpaid taxes late payment penalties and interest eventually grew to a total sum of about
15:57$20,000 while the IRS says it is prepared to work with freed hostages and detainees to provide the maximum penalty relief
16:04Available under federal law it is limited in what it can do
16:08Only Congress can close the loophole in the IRS code
16:11Why in the world would we want to add insult to injury?
16:14To make them pay penalties and interest on top of a tax bill
16:18The Senate is calling on the house to take action after it passed the bipartisan
16:22Stop tax penalties on American hostages act in May. It's a few dozen Americans. They deserve our attention
16:29They deserve our support. They deserve our prayers
16:31Rezaian is hopeful there will be progress to help future and former detainees peace life back together
16:37We should be doing everything as a country to make it as easy as possible for these folks
16:42While senators Chris Coons and Mike rounds are focused on getting the IRS to waive fines and penalties
16:48There doesn't appear to be any efforts in Congress to compel private companies to provide relief for freed hostages
16:54Brett Madeline, thank you up next the dramatic rescue of an Israeli hostage who was held by a mosque
17:01We'll bring you there and then is the u.s. Deterrence campaign against Iran
17:06stretching our military too thin
17:08We have captivating new video tonight showing moments after an Israeli hostage is freed during a rescue operation from an underground
17:16Tunnel in Gaza that comes as airstrikes pound the Gaza Strip and optimism wanes
17:23over a possible ceasefire
17:24national correspondent Jeff Paul reports from Tel Aviv
17:29Kidnapped on October 7th held in Gaza for
17:33326 days and now back on Israeli soil hostage Kaid Farhan Al Qaeda a Muslim and member of Israel's Arab
17:40Bedouin community he's a free man
17:42He was abducted while working as a security guard on a kibbutz near the border with Gaza
17:47Elite Israeli commandos carried out a complex and dangerous rescue operation
17:51Navigating the vast Hamas underground tunnel system to save a fellow Israeli
18:02a
18:03Welcome home phone call from Israeli Prime Minister Benjamin Netanyahu as Al Qaeda is evaluated at the hospital
18:09After being held captive for more than 10 months
18:12He'll undergo a series of tests the hospital says so far. He appears to be in good condition
18:18And clearly a very happy moment for his family who rushed to the hospital when they got the news
18:25We prayed for him my mother prayed for him more her prayer reached the sky
18:30Israel isn't releasing too many details surrounding how they pulled the rescue mission off the Prime Minister Netanyahu alluded
18:37There's more to come
18:39We work tirelessly to return all of our hostages. We do this in two main ways through negotiations and rescue operations
18:47Both ways together require our military presence on the ground and unceasing military pressure on Hamas
18:54The pressure is still being applied throughout Gaza and now on mediators who haven't given up on reaching a ceasefire deal
19:00between Israel and Hamas
19:03Now with this latest hostage rescue there an estimated
19:07108 hostages still being held in Gaza some living some presumed to be dead
19:12But many of their families have spent a lot of time both
19:16Protesting and trying to push Israeli Prime Minister Benjamin Netanyahu to make a deal and bring them all home now
19:22Brett Jeff Paul live in Tel Aviv Jeff. Thank you
19:25Iran supreme leader is leaving open the possibility of renewed negotiations with the United States over his country's rapidly advancing nuclear program
19:34Ayatollah Ali Khamenei set clear red lines for any talks, but added there is no harm in engaging
19:41with its enemy as
19:43The US military bolsters its presence in the Middle East to try to deter Iran
19:48There are new concerns tonight that the heavy focus on that part of the world is creating vulnerabilities
19:54Elsewhere chief national security correspondent Jennifer Griffin explains from the Pentagon
19:59Defense secretary Lloyd Austin has ordered two US aircraft carrier groups to remain in the Gulf of Oman amidst ongoing
20:07tensions with Iran
20:09both the USS Lincoln and the USS Teddy Roosevelt are within striking distance of Iran and
20:15Tehran knows it a not-so-subtle effort at deterrence
20:19But such a move comes at a cost for the first time in three years
20:22The US does not have an aircraft carrier strike group in the Indo-pacific
20:26The USS George Washington pulled into port in San Diego late last week for maintenance and is likely not to be underway
20:34Until late next month. It then takes the carrier strike group at least two weeks to reach the Pacific
20:40How long do you expect to have this carrier gap? You know, look I'm not going to get into
20:45Deployment timelines for operation security reasons
20:48But the bottom line is we can walk and chew gum at the same time
20:51This comes at a dangerous time as the US tries to dissuade China from any military ambitions targeting Taiwan
20:57or islands in the South China Sea
21:00The last time the US had a carrier gap in the Indo-pacific was in August 2021 during the Afghan withdrawal
21:08National Security Advisor Jake Sullivan is in Beijing today to try to manage the tensions
21:14Anticipating an Iran strike against Israel the US Navy moved the USS Cole guided missile destroyer to the eastern Mediterranean
21:22Leaving the Red Sea and the Gulf of Aden without US Navy assets to defend against the Iranian backed
21:29Houthi rebels in Yemen, but also removing large US naval vessels
21:33That could be a target for the Houthi missiles and drones
21:36The Houthis struck a Greek flagged oil tanker last Wednesday carrying 1 million barrels of crude oil
21:43That tanker is still on fire in the Red Sea and the Pentagon says it poses a potential
21:49Environmental disaster and that the Houthis are preventing efforts by third-party tugboats to put out the fire
21:56Brad Trevor Griffin at the Pentagon Jennifer
21:59Thanks up next vandals wreak havoc on Cornell's campus as anti-israel protesters mobilize on this the first day of classes
22:07first beyond our borders tonight
22:09Nighttime Russian drone and missile attacks pound Ukraine for the second straight day killing at least five people there
22:15meanwhile
22:16The chief of Ukraine's army says the country's troops gained control of nearly 500 square miles of Russia's Kursk
22:22Region since their surprise incursion there three weeks ago that claim however could not be independently
22:29confirmed a
22:30New Australian law is now in effect allowing employees to legally ignore work calls emails and texts during certain times
22:39The right to disconnect law says in most cases workers cannot be punished for refusing to read or respond to contacts from their employers
22:47outside work hours
22:49Police in California say a woman fed up with her packages getting stolen out of her post office box
22:55Hit an Apple AirTag in an item that was then stolen
22:59Allowing her to track down the suspected thief the woman then contacted law enforcement who tracked the AirTag to Santa Maria and arrested
23:07two suspects
23:09Other side of the country's students and faculty at Cornell University are on edge after anti-israel
23:15Protesters defaced property and held a massive protest on the first day of classes all
23:21Despite administrators efforts to prevent a repeat of what happened in the spring semester chaos. Here's correspondent Nate Foy
23:28The first day of classes at Cornell University
23:33Marked the return of anti-israel protesters on campus vandals broke windows and spray-painted the entrance to the school's main
23:41Administrative building writing quote Israel bombs Cornell pays and blood is on your hands
23:47really does
23:49Come as no surprise that this is how students choose to to celebrate
23:55The beginning of the school year by terrorizing other students the anonymous vandals reportedly explained the crime to the Cornell Daily Sun saying quote
24:03We had to accept that. The only way to make ourselves heard is by targeting the only thing the university administration truly cares about
24:10property
24:12After weeks of anti-israel protest in the spring Cornell's president Martha Pollack resigned this summer
24:18This is his opportunity to make a legacy for himself and to show that violence and chaos
24:25Will not be tolerated on this campus any longer
24:30Cornell's vice president for university relations tells Fox News quote
24:34We are appalled by the graffiti spray-painted and glass shattered overnight along the front entrance of day eight
24:41The campus is in a state of chaos and chaos is on the rise
24:44With the spray-painted and glass shattered overnight along the front entrance of day Hall property damage
24:50including graffiti will not be tolerated this as New York governor Kathy Hockel met with
24:55200 college leaders from across the state Monday preparing for more protests as students return to campus
25:02anti-israel protesters also demonstrated at Columbia University in New York over the weekend
25:07They protested in front of incoming freshmen before classes start there next week Brett Nate. Thank you
25:14Up next we go to the touchscreen. We're tracking the candidates, the polls, the
25:18ad spending. We'll take you there. Then the panel with the latest from the
25:21campaign trail and special counsel Jack Smith's reworked superseding
25:25indictment against former President Trump. First here's what some of our Fox
25:29affiliates around the country are covering tonight. Fox 5 in Atlanta as two
25:32Delta employees are killed and another injured during an incident at Delta
25:36technical operations maintenance facility. Sources tell our Fox affiliate
25:41down there a tire removed from the plane exploded but Delta has not
25:46confirmed that reporting. This is a live look at New York from Fox 5 our
25:50affiliate there one of the big stories there tonight. Beachgoers find
25:53themselves face-to-face with a live shark at a beach in Queens. Video shows a
25:58thresher shark stranded in the sand at Rockaway Beach. Three people jumped in
26:04the water don't know why but they helped guide that shark. Police in California
26:10say a woman fed up with her packages getting stolen out of her post office
26:14box hid an Apple AirTag in an item that was then stolen allowing her to track
26:19down the suspected thief. The woman then contacted law enforcement who tracked
26:23the AirTag to Santa Maria and arrested two suspects. Other side of the country
26:29students and faculty at Cornell University are on edge after anti-Israel
26:34protesters defaced property and held a massive protest on the first day of
26:39classes. All despite administrators efforts to prevent a repeat of what
26:43happened in the spring semester chaos. Here's correspondent Nate Foy.
26:52The first day of classes at Cornell University marked the return of
26:56anti-Israel protesters on campus. Vandals broke windows and spray-painted the
27:01entrance to the school's main administrative building writing quote
27:05Israel bombs Cornell pays and blood is on your hands. It really does come as no
27:13surprise that this is how students choose to celebrate the beginning of the
27:18school year by terrorizing other students. The anonymous Vandals
27:22reportedly explained the crime to the Cornell Daily Sun saying quote we had to
27:26accept that the only way to make ourselves heard is by targeting the only
27:30thing the university administration truly cares about property. After weeks
27:36of anti-Israel protest in the spring Cornell's president Martha Pollack
27:40resigned this summer succeeded by interim president Michael Kotlikoff.
27:44This is his opportunity to make a legacy for himself and to show that violence
27:50and chaos will not be tolerated on this campus any longer. Cornell's vice
27:58president for university relations tells Fox News quote we are appalled by the
28:02graffiti spray-painted and glass shattered overnight along the front
28:06entrance of Day Hall. Property damage including graffiti will not be tolerated.
28:11This as New York Governor Kathy Hochul met with 200 college leaders from across
28:16the state Monday preparing for more protest as students return to campus.
28:20Anti-Israel protesters also demonstrated at Columbia University in New York over
28:26the weekend. They protested in front of incoming freshmen before classes start
28:30there next week. Brett. Nate, thank you. Up next we go to the touchscreen. We're
28:36tracking the candidates, the polls, the ad spending. We'll take you there. Then the
28:39panel with the latest from the campaign trail and special counsel Jack Smith's
28:43reworked superseding indictment against former President Trump. First here's
28:47what some of our Fox affiliates around the country are covering tonight. Fox 5
28:51in Atlanta as two Delta employees are killed and another injured during an
28:55incident at Delta technical operations maintenance facility. Sources tell our
28:59Fox affiliate down there a tire removed from the plane exploded but Delta has
29:05not confirmed that reporting. This is a live look at New York from Fox 5, our
29:09affiliate there. One of the big stories there tonight. Beachgoers find themselves
29:13face-to-face with a live shark at a beach in Queens. Video shows a thresher
29:18shark stranded in the sand at Rockaway Beach. Three people jumped in the
29:23water, don't know why, but they helped guide that shark.
29:53Video shows a live shark at Rockaway Beach. Three people jumped in the water, don't know why, but they helped guide that shark.
30:23Video shows a live shark at Rockaway Beach. Three people jumped in the water, don't know why, but they helped guide that shark.
30:53Video shows a live shark at Rockaway Beach. Three people jumped in the water, don't know why, but they helped guide that shark.
31:23Video shows a live shark at Rockaway Beach. Three people jumped in the water, don't know why, but they helped guide that shark.
31:53Video shows a live shark at Rockaway Beach. Three people jumped in the water, don't know why, but they helped guide that shark.
32:23Video shows a live shark at Rockaway Beach. Three people jumped in the water, don't know why, but they helped guide that shark.