"factor." we are looking out for you. >> a little preview. >> today is friday, april 6, good friday. passover. thank you for watching "fox & friends first" and fast and furious gun smuggler facing up to 10 years in prison for purchasing high powered rifles under the botched program, and two of the guns were found at the scene of a shoot out that killed a border patrol agent. the justice department launched the program in an attempt to trace weapons to top drug cartel leaders. >> he is simply exercising his freedom of speech he says for

the marine corps and now he is being asked to be dismissed recommending he get "other than honorable discharge," for the conduct. a general will now accept or deny the recommendation. >> if you have an people computer your computer could be at wreck, a security research firm says 600,000 of computers have been affected by hackers and apple has fixed the security hold that allows the virus to spread but if you have not downloaded the update are vulnerable. >> you have one of those computers. >> new unemployment numbers this morning and economists are expecting go but not great news. we are likely to see this was more job creation last month but the unemployment rate is expected to, above 8 percent. yesterday, weekly jobless claims showed unemployment dropped from

359,000 to 357,000. he is putting "happy," in happy meals with a judge tosses out a lawsuit to ban selling toys with "happy meals." a local mom filed the case saying they were houring kids in with toys and the judge not saying why he should down the lawsuit and those are the five headlines at 5:00. >> we have to have happy meals that is why you have a happy meals. the justice department meeting the deadline to clarify the views on judicial review after president obama's controversial comments. getting hots of lay. ahead of the court ruling on the health care. will the controversy go away? >> and peter is leave in washington, dc. >> good morning. the attorney general finished his homework assignment from judge smith on the 5th circuit court of appeals on time and not letter the department of justice basically says that the president's remarks were

consistent with their centuries old opinion that unelected judges are able to strike down unconstitutional laws but they should take into consideration things congress does with regard to the commerce clause. now, part of that letter says "the court accords particular difference to evaluating the appropriateness of the means congress has chosen including the commerce clause to constitute this." an hour after that, rather, than hour before the letter came out the senate top republican, senator michigan mcconnell says the president needs to stop trying to isolate the judicial branch or the american system could caps. >> the president crossed a dangerous line this week and then who cares about liberty needs to call him out. i respectfully suggest the president needs to back off.

back off. back off. let the court do its work. let our system work the way it was intended to work. the stability of our system and our laws and our government depends on it and the duties of the presidency demand it. >> if you keep score at home, the assignment for the attorney general was to submit a three page single space letter and it was printed on three pieces of paper the text only takes up 2 1/2 pages. >> thank you in washington. >> and will the president's comments haunt him in november? >> maybe no but the supreme court decision could, so here he is to talk about that. >> the remarks themselves short-term spat but the supreme court holds the individual mandate to be unconstitutional, that will do whatever is left for obama's re-election chances.

there are two schools of thought, carville and a couple of others saying it will energize the base. but in roe vs. wade if that was over turned you need one more democrat or republican to right the balance people will not change their view of abortion based on a supreme court opinion but something like this, which is technical and legal and the question is constitutional voters will credit what the supreme court says and if they they out the individual mandate the public will look at obama will say what the heck did you tie up this country for two years making your signature legislative achievement something that was unconstitutional. and you have already spend hundreds of billions on it. it will have a very hard time living that down. >> that was dick morris and that is what we want you to but on. do you think the president's

supreme battle will help or hurt him in november? we want to hear your thoughts so tweet your comments to us at "fox & friends first" or shoot us an e-mail as friends first and we will read them later in the show. >> and this morning, sean hannity is talking. tonight he will host an hour long special on president obama's agenda and how they impact the economy. >> and along with an audience of business executives and analysts will specifically focus on the issue of gas rices and how they affect the american people. >> and now a look at the show and a look at what herman cain and home depot founder think of gas prices. >> 9-9-9, that could be the price of a gallon of gasoline. all thank you is the obama 9-9-9 plan. >> you just scared all americans. >> but it could be capital

formation we need. they have done nothing but increase the regulatory values and values regarding similarration of our resources right here not united states. >> i was at a pump last week and a woman said would you just, i have to go inside quickly, be don't put in more than five gallons. okay? over and over and over you see this, people do not have the money, it is taking away their income and ability to spend money. >> this is what president obama told us would happen with the energy policy. when he ran he said my energy policies the necessarily mean higher energy costs. >> so if you want to hear more of that tune in to a special hannity tonight at 9:00 eastern. today many christians around the world are observing good friday, the day to commemorate the death on the cross of jesus christ and now the old city of jerusalem, where the procession, followed

the path jesus took on the day of his death, down the via rosa awaiting for the church to open the doors and christians believe this building stands on the site of cite's crucifixtion and resurrection. pill -- pilgrims gathered with the pope benedict presiding over the foot washing ceremony, and tradition symbolizes humility and service. jews celebrate passover with preparations underway in the middle east to celebrate the exodus the story of the israelites escaping slavery with weeks without bread or wheat

flour. and now 8 minute after the hour, and government workers not ashared of wasting taxpayer money and they are so proud they made a music video. >> tape that got taxpayers across the country fired up and those behind it. and this could look like a movie, but for police it was all too real, the high speed chase that ends in gunfire ending up. >> but first the price at pump, the average nationwide is $3.94 the same as yesterday. is that correct? >> we will make a music video. >> yeah!

14 clubs. that's what they tell us a legal golf bag can hold. and while that leaves a little room for balls and tees, it doesn't leave room for much else. there's no room left for deadlines or conference calls. not a single pocket to hold the stress of the day, or the to-do list of tomorrow. only 14 clubs pick up the right one and drive it right down the middle of pure michigan. your trip begins at michigan.org.

>> back again, 13 minutes after the hour. while you were sleeping, the boys of the so-called ghost ship have come to an end the the coast guarded successfully sank the ship. it took four hours to go up. it went adrift following last year's massive earthquake in japan and officials decided to sink it to avoid environmental threats. also, a judge signed off on a $25 billion settlement with five major u.s. banks over claims of foreclosure abuse. the banks will pay $5 billion for state and federal government, reduce mortgage debt

amounts and restructure the terms of troubled homes. >> march 1, 1969, maybe you were not born but for one group of marines fighting for our country if vietnam, march 1, 1969 is a day they will never forget. and ainsley is here with their story. >> good morning. charlie company 14 was fighting at battle of hill 484 on that day. the united states marines were being shot. and dodging flying grenades. they needed help. a man, an american operator down there on the ground risked his life to call in the medical team. four decades later he finally is getting recognition and bringing the platoon back together. >> we were on the hill and only thing i remember there were not many left in the squad. >> i locked at him i don't know how many times. >> 43 years later they reunite for the first time remembering those would lost their lives and

raising one man in particular, who saved many more. >> he was standing out not open directing us in. i had a concussion, and i remember the chopper pilot coming, and blowing out smoke up there, and i am standing up there trying to direct them in, and i thought, he is shot. but it didn't matter. >> a decision that earned him four medals of honor, medals he never received and medals he didn't even know he had. >> president of the united states of america has awarded the silver star medal to cleveland jr. >> i called cleveland to congratulate him and he never knew he got it. >> we got those out, those that were hurt. i never knew i was up for the silver star. >> a lot of these guys have not seen each other for 40 years.

>> there is always something that you will put on this earth to do. sometime it may come sooner. seem it may come later. but be patient. and it is coming. because to took me a long time, a long time and i thank god for that. >> he is thankful for military oversite because he and his wife say this came at a time when he needed it most. and what is important now he is finally wear the medals, two purple hearts, a silver and a bronze star. 43 years later, the marines are back together again. we will have the full story on "fox & friends" later this morning. back to you, ladies. >> ainsley, great story and it gives you chills. thank you for bringing it. >> coming up, the white house reaching out to women. why are they running for re-election on the taxpayer'

dime. >> why? >> a little kid calling out his lazy parents. >> how were time did it take to make lunch? >> seriously? the little guy's lecture is taking the internet by storm. he went off. but, first, a look at the day's weather.

>> two drug smuggling attempts and bother agents discovered drugs and $35,000 in cash. and 22 bundles of drugs were found in a gas tank, with value over $700,000. >> a study publish about cell phone use and cancer of children could be influenced. researchers are questioning the findings saying the study actually shows cell phone use pore than doubles the risk of britain tumors in kids and the

study failed to find a link between the two. >> all right, president obama chasing the female vote with a women's forum at white house but he said not about the election. and doug has more now. >> good morning, the white house denies there is anything political about today's white house conference on women. but, at the left, it coincides with themes the president's re-election campaign has been pushing to build support among women voters. this will be an official white house event and the president will talk about ways he has helped women through the course of his term comes as democrats have talked about an alleged war on women, especially when it comes to free contraceptive coverage. and white house spokesman business -- bristleed at the suggestion that this is with

november in mind. >> there are a number of issues important, women's economy, women's safety, and women's edge, that are important and we are proud to host the conference. >> the white house is looking at presidents like everyone else, and one of them from "usa today" shows that in a dozen swing states the president has an 18-point advantage over romney among women voters a conservative commentator charles krauthammer said you cannot ignore the politics. >> according to jake carney it has nothing at all to do with the election, they think they can say that. and do it with a straight face, and get away with it. all the administrations use taxpayer money to promote themselves in an election year but theirs is shameless and over-the-top. >> this citizens to golf, too, with the masters underway in a rare moment of agreement, the president, romney and newt gingrich have all weighed in saying augusta national country club should begin to admit women

members. so, get your politicians in. >> i don't look good if grown. >> a lovely color on you. >> i can go to the driving range. >> 5:24 and coming up, on the east coast, actually, two stories of government spending at its finest. the department energy offering $100,000 in taxpayer money for something that exists and party at the gsa. government workers making music videos about waste are your money. >> first on this day in history in 1968, the classic "space odyssey," is released. [ tom ] we invented the turbine business right here in schenectady.

without the stuff that we make here, you wouldn't be able to walk in your house and flip on your lights. [ brad ] at ge we build turbines that pothe world. they go into power plants which take some form of energy, harness it, and turn it into more efficient electricity. [ ron ] when i was a kid i wanted to work with my hands, that was my thing. i really enjoy building turbines. it's nice to know that what you're building is gonna do something for the world. when people think of ge, they typically don't think about beer. a lot of people may not realize that the power needed to keep their budweiser cold and even to make their beer comes from turbines made right here. wait, so you guys make the beer?

no, we make the power that makes the beer. so without you there'd be no bud? that's right. well, we like you. [ laughter ] ♪ >> you are going to get a time out. >> time out! >> 28 minute after the hour. coffee is kicking in too much right now. >> and now the top five stories at this hour, jury selection is underway not murder trial of jennifer hudson's family member. the man thatcy -- man is accused showed little emotion, he is accused of breaking into the family home in october of 2008 killing her mother, her brother and her seven-year-old nephew. he was separated from her husband's sister and said to is

again off on a jealous rage because she was dating another man. he could be called to testify. opening attempts begin april 23rd. >> a florida task force urged to help repeal ""stand your ground"," the law allowing people to use deadly force in order to protect themselves, the same law that so far has protected george zimmerman from being charged in the shooting death of trayvon martin. yesterday, the task force heard testimony from opponents of the law but so far they have not urged the state legislature to take any action against him. >> police in houston tried to pull a man over for speeding. he takes off. the driver loading cops on a high speed chase leading dangerously dangerous situations and officers were able to stop him by shooting out a tire. he reportedly did not want to pull over because ... he was drunk. >> another great example of your taxpayer dollars at work the

energy department is offering $100,000 to software developers to come up with mobile yaps that tell you how much energy you are using. here is the problem, there are already two dozen apps that did the same thing and if the energy develop checked the stores they who is discovered that one. >> and what we have been waiting for, look at this little guy taking his parents to task. for the world to see. >> you say kids are lazy in but parents are lazy, too. how much time does it take for make lunch? what? how much time, mom? this is what you give me. that's the size of the point the make me a real sand win. >> wow! that is a five-year-old, very funny, and from washington, his hilarious antiparent rant a huge hit. heke parents to make his

sandwich. >> lunch involved fire, pot, heat. seasoning. >> forget that you work every day, mom and dad. >> exactly. that was great. wonder what he would say about tv dinners. no, he would not go for that. >> in the big talker this morning, department of justice responds to the 5th circuit court of appeals after requesting a clarification of how the administration views the health care law. and holder said the power of the court to review the constitutional of legislation is beyond dispute. >> does it change what happened in that is what bill and megyn were talking about whether the supreme court will hold the president's comments about hip. they disagree. >> these gives, they read the pains, they watch "the factor,"

they know what is going on and they know what president obama did. some of them will be just like the judge in texas, well, that is out of line, so that will hurt the president's cause. >> i don't think so. >> i don't think so. why think they care that president obama thinks its would be unprecedented or activist to cycle down the law or whatever. i don't then they care what he thinks. i don't think they would be shocked to hear they think they should uphold it. and they have heard through the solicitor general. >> human beings want to be respected and if someone disrespected you in a round about way you may not react but it is right there in your mind and if it comes down to just a give like kennedy --. >> it is not going to. they have their constitutional philosophies intact. >> so the supreme court is expected to make a ruling on

this health care bill this summer. >> i believe that is actually accurate. >> we will go to another story. people are all fired up, we were hearing that the gsa is to trouble for massive overspending at a las vegas convention and now new videos show the workers mocking the spending. and diane with the fox business network has the story. this is like, are you serious? >>diane: one of the stories officials with that federal agency now under congressional investigation over an $820,000 conference were joking about the expense of the event. onejected how much was spent at a party posted by the army commissioner and another in a mock music video sang of employees getting $200,000 worth of taxpayer ipods and electronics and gift cards and how he would never be

investigated by the office of inspector general. ♪ it is only my vacation ♪ love to the nation >> creator was named commission we for a day and not award speech an official identified as public building services deputy commissioner evenjected there were just a couple of small matters to address. >> the hotel would like to talk to you about paying for the party held not commission's suite last night. we need to take care of that and our chairwoman on the oversight committee has a couple of questions about the proposed pay increases for executives you mentions. >> the gsa condemned this video say this is an example of complete lack of judgment

exhibited during the 2010 western regions conference. two house committees are certainly investigating this now. >> well, that is really interesting. thank you, diane. >> and we me cents through the world observing good friday. leland is joining us on the phone from the old city of jerusalem where thousands are gathered for holy day. >> good morning, ladies, it is really a profound image to walk and watch thousands of people, pilgrims from all over the world walking down the narrow streets here in jerusalem and view the stations of the cross. i am standing at station number three, so that is where jesus was walking with the cross that he picked up and came here and according to the bible, this is where he fell down and where he fell down a public of pilgrims are kneeling and praying before they head to the church. this begins the if friday

celebration here in the old city of jerusalem, and it is under incredibly tight security that we are here. there are hundreds if not throughs of officers and others with automatic weapons to make sure there is no problem, and they want to mechanic sure that everyone feels safe which a number of pilgrims from the united states making the walk and they say coming here and walking on the old stone streets in this very old place, really brings them closer to their faith, and they say making this trip over here is fully would the it especially on this day when they get to actually response it when the bible says it happened two millenia ago. >> and someone running on the baseball field. >> a segue into our next story. >> and, now, the starting lineup with all the sports stories.

>> and lee is under par, knife under par searching for a first yours. and tiger woods did not have the best day first time since 2008 failed to break par in the first round. >> too bad. >> one game in and the blue joys have made history winning the longest opening game, ever, in history. a double off the wall in the 9th to tie it up. and then there was a three-run homer not 16th inning for the 7-4 win. the game ran five hours and 14 minutes. and look at bill murray go. go. go. to low first pitch at chicago opener but he decided to go for an impromptu run.

>> he slid into home mate. and mets pet the cubs. >> i love that give. >> and i love baseball. >> a pan? >> i'm a slugger, baby. >> take you out on the field. >> we have been following the fight to get the movie "bully," a pg-13 meeting. the film was originally rated r has a new "pg" 13 rating after three uses of the "f-word", and they were removed. the pg-13 rating abouts schools the opportunity to share the school. the match made in publicity heaven kim kardashian and kanye west are an item, them leaving a new york city restaurant yesterday, reportedly after a romantic lunch. did they kiss at lunch?

or they had special food? but the new song mentioned his love for the reality star beauty and all of this continues as kim battles chris humphreys in divorce court. they are not divorced it. whatever. >> talk about a dream come true for a jersey girl, 12-year-old getting kicked -- picked out of the crowd during a recent conference and joined him on the stage for a duet waiting on a sunny day. >> he said do you want to sing and i was like "yes," it was crazy i didn't know what to think at the time. she called this "a dream come true." >> did you ever get called on stage? >> i did, prince, i almost lost it. i was so excited. he did this to me. >> i didn't know that. >> we are bonding.

best friends now. >> let me see, anyway we will talk about the debt. it is so bad that a man killed himself in a town square and we will talk about that. could it happen here in there is a report coming up. and arrested at a wedding for athatting -- attacking the grade. you have to hear this story. that story is up ahead. careful, pringles are bursting with more flavor.

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>> and 44 minutes after the hour. as we span the globe we will see what stories making headlines. strong storms in argentina turning deadly. a dozen people were killed following heavy rain, strong wind and hail in the capital. another 20 were hurt and the severe storms caused major damage tearing parts of buildings down and downing trees. >> new reports that chavez is taking a turn for the worse, the venezuela veteran president has been battling cancer and suffered complications during radiation treatment in cuba. he broke down weeping and asking god to summary his life. >> so, you think the debt is bad

here it is deadly greece. a 77-year-old father killed himself near a crowded subway exit sparking debate. we plain. >> crowds shared in grief of one man, a retired broke pharmacist who killed himself on when so that, according to his suicide note, he would not face the prospect of scavenging through garbage for food and becoming a burden to his family. >> it is a shame. a great shame, he could be one of us for our family. suicide rates are way up in the dead ridden country but this struck a nerve. protesters took to the streets, throwing objects at police. the 77-year-old shot himself in the main square in athens next to parliament. before he fired his gun he declared he did not want to pass on his debt to his daughter.

his pension had been cut and some have gotten slashed by 20 yike, some pentagons have been so generous they were part of the problem, loading to resentment by those outside the country who are helping bail them out. >> we hear germans saying why should we work until we are 67 or 68 because greeks can retire at 50. an ex-averagation, perhaps, but greece particularly debt not public sector faster than the neighbors. >> by the middle of the year it is expected that the public debt would reach something like 160 percent of g.d.p. which is 60 percent higher relative to g.d.p. than in the united states. and you know how worried we are. >> another rescue package is agreed on and now it is on athens to tighten the belt but cuts could be harder to make after such a public show of desperation. in london, for fox news.

>> we will switch gears, the time is 46 minutes past the hour and next, imagine seeing this on the highway, a car speeding out-of-control, in the wrong direction. police officer's camera catching the whole thing. the last chance to answer our question of the day: do you thing the president's supreme battle will help or hurt him in november? tweet your comments or shot us an e-mail. we will read them after this break. right now the man with the plan, here to talk about "fox & friends" today. >> great show, as we get it trance described but the show you will be watching we have a big show, we have geraldo, and chris wallace will be heres like, and eva will be here, and

"fox & friends" and behind the scenes, meet the gives behind the scenes, the real stars, they are up and ready to go and willing to welcome for machine. the real stars. the real stars of "fox & friends" here today. i don't know their names. >> you have a great show. craig t. nelson. i used to be so if love with him. and eva, don't you have chris wallace? >> yes, chris wallace, too. >> and wilson philips? >> yes. i love you! >> wow! >> and i love you! >> okay, before we take a break,

what is going on? >> here is a look at today's weather.

>> the age old question, should you buy? or should you rent? >> we have decided. we know the answer. >> rent. fox news correspondent reports the numbers say one thing but a lot of folks are doing the other.

>> new parents fowl like renting the last five year was a big waste of money and they are excited about the home they have agreed to buy to northern virginia. >> with the north rate they are now it is the best time to grab them before they go back up. >> it is reported that rental prices increased in 70 percent of american cities while home prices increased in only 7 percent of cities. and the "wall street journal" found from john 2011 to january of this year rents rose 3 percent and home prices fell in that same time by 5 percent. but the national homeownership rate is down since 2010 and fannie mae's survey finds that most americans believe interest rates will stay put. or go down. the next 12 months. but they find nine in ten think it is unlikely they will prepare a home the next year. a well-to-do physician insists on renting to the tune of $4,000 a month.

if i bought a place the house of the rice would have dropped in the time i rented $100,000 or $200,000. >> for most the chief obstacle is tight credit and the fragileness of the jobs recovery. >> many do not qualify for a mortgage or have not sended enough. we are just coming out of the recession people are still unemployed or not secure enough about where they are in their job to be ready to by. industry professionals caution those thinking of purchasing a home that with closing fees and other costs they will not reap the benefits of bying versus rent in also they plan to stay in the new home for at least 10 years. >> we asked you to brew on this the president doing battle with the supreme court over health care legislation. our question of the day, do you think that will help or hurt him in november? >> your responses. from connecticut, "it will be

devastating for obama. he will have nothing to run on that is positive and his campaign will continue to vilify the success while promoting class warfare." david tweeted "the battle with the supreme court will rally the business but alienate the moderates which is a loss." and another "either way he will win re-election." thank you for the e-mails keep them coming, guys. >> and forget a bride zilla, this woman would not stop dancing with the grandmother and left the wedding in handcuffs. >> if it was my wedding she would leave with a black eye. your word of the day is all scrambled. >> you know? >> i do. yes. >> can you figure it out? >> actually i don't know what it

is. ♪ i can go anywhere today ♪ la la lla la la la [ male announcer ] dow solutions help millions of people by helping to make gluten free bread that doesn't taste gluten free. together, the elements of science and the human element can solve anything solutionism. the new optimis

>> yeah, look at the good, the bad and the ugly. first, the good. an update to a story we told you about yesterday. students at that boston elementary school will be allowed to sing "god bless the u.s.a." absolutely right. the school having a change of heart following much backlash about its attempt to take god out of the patriotic song. >> the bad, a terrifying ride

caught on camera. wisconsin come -- woman goes the wrong way down a busy highway. they clocked her going 100 miles an hour. it ended after hitting multiple cars. she later admitted to having too much to drink. >> shocker! >> finally, the ugly. this ohio woman right here just might take the cake for worst wedding gifts ever! police say 36-year-old brooke burke. >> not that brooke burke. >> thanks for the clarification. >> was slow dancing with the groom. excuse me. when the bride wanted her hubby back, burke was so drunk she tried to hit the bride. a security member tried to break the things up, all right? then she hit him. was finally wrestled to the ground. >> are you kidding? >> geez! time to get scrambled up. steve doocy is brilliant. >> good morning, ladies. >> despite that he went to kansas. >> spencer. what is this? >> ♪ baby i was born to run springsteen! >>