>> good morning everyone. i am heather nauert. >> i am patti ann browne. it is friday april 27th. thanks for watching fox and friends first. >> it is now time for your top 5 at 5:00. we are getting news out of afghanistan. three american soldiers have been killed. a u.s. official confirming they were killed in a bombing in eastern afghanistan and in southern kandahar providence a man in an afghan uniform shot a u.s. soldier. it is a string of attacks by afghan soldiers on u.s. troops. there have been 16 such attacks since the part start of this ye. the widows of osama bin laden and some of his children are now

in saudi arabia. you are looking at video of them leaving pakistan after they were deported. a court charged them with illegal entry and residency in the family. they want to know how osama bin laden was able to hide in pakistan for so long without the leaders knowing. >> delta airline passengers were quarantined on the tarmac for 3 hours yesterday this after reports that one of the passengers might have been infected with monkeypox. it happened hours after the flight landed from detroit. one passenger taking the picture inside the plane. the whole ordeal was like the movie contagious. >> we are looking outside of our within doe there are people suiting people up in masks and gloves. you only see that stuff in the movies. it was insane. it was insane. >> we are told the passenger who caused that scare was a woman who was traveling from uganda. she had some kind of rash. the cdc.gov determined it was

not monkeypox after all and let the passengers go. >> we are learning how far john edwards went to keep in touch with his mistress. the former democratic vp candidate borrowed friends phones and stuck in calls between tv interviews and used secret phrases when his wife was around. they had key prosecution witness andrew young to use campaign funds to build his own home. young will resume testimony today. his wife is also expected on the stand. >> brand new video from the international russian station. he waved good-bye before closing the hatch and landing back on the earth. they are expected to land in kazakhstan in just a few hours. they have been up there about 6 months. they left behind several.

another three will go up and join them on may 15th. those are the top five headlines at 5:00 a.m. >> the white house is trying to calm another storm after video was released saying the agency used them a quote crucify strategy against the oil and gas industry. beater d -- peter doocy has more. >> it was back in 2010 after the gsa conference in vegas with the clowns and hot tubs. the head of the dallas regional office said this about his agencies enforcement policy. >> energy policy is a critical issue in the current campaign season. they don't want to think one of the top environmental protection agencies isn't doing their best

to protect everyone equally. jay kacarney said a quick look the facts should find the comments are bunk. >> the official's comments not only are inaccurate as a representation of or characterization that the epa has operated under president obama but they are provebly inaccura inaccurate. he is saying he is sorry. i apologize to those i have offended and regret my poor choice of words. i have always been commit the to fair and vigorous enforcement of those laws. that isn't good enough for republican senator of oklahoma. to me it is intimidation that

they are doing right now to stop people in the oil and gas industry. >> they reduke buicked him saying it is at record levels. by the way the white house gave no indication of whether or not he will lose his job for that. we have not heard the last of this one did we? >> peter doocy, thank you. he is not buying the epa chief's apology. >> he says the official meant exactly what he said. >> he said it was a poor choice of words. it was a perfect choice of words. he said exactly what he thinks. he said exactly what others say in the epa. he is saying well we really beli

believe in all of the above. as we heard jay carney. epa's regulation would make it impossible for any american to open a new code plan because of the regulations and over time it will shut down the enpier history. it led to the closure of 5 with three teetering on the edge. >> he went on to say he thinks this is exactly how president obama and his administration's agencies have been over writing the law for his entire term. >> now to stories you can bank on this morning. joining us is adam shapiro.

how is vote on this coming? >> you heard john boehner saying the president is turning this into a nonpolitical issue. it is a vote to keep the interest rate on the stafford loan. it is the most common student loan at 3.4 percent. it will double in july to 6.8 percent unless they do this. the controversy how do you pay for it? republicans want to take money out of obama care the money that would be used for medical education and keep people up to date on things spend the 6 billion on that. the president wants to raise taxes. they are fighting over this but the house will vote on it. the housing market still in trouble. >> if you bought a house in 2010 and 2011. think again. 1 million ohm owners people who bought in 2010 and 2011 watched the equity of the house fall. they are under water according

to core logic. we are still waiting for the housing market to hit bottom. >> a man filed a case regarding checking -- >> bob whitley signed up for a checking account. they had a promotion in 71 for free checking for life. the bank got sold and sold and sold and bank of america bought the bank they started charging him a fee for checking. you can't do that. he called a local tv station who pled his case to bank of america who called and said you are right we are not going to fund you. they refunded 170 bucks to this guy. if you have free checking that goes back to 1971 you are in. >> 170 bucks we are fighting for. >> america needs fighting for. >> adam shapiro fox business network thanks as always. >> it is time to brew on this. here's what we would like you to brew on today. are some of us for getting that

baseball is just a game? what happened at a stexas range game is adults becoming obsessed with bringing home the ball. ainsley earhardt is here with more. >> i am sure you saw this video. it is supposed to be america's past time. families going to the ballpark enjoying the hot dogs and popcorn and the game itself. it is more and more common for grown-ups taking their love of the game to the extreme. rangers first baseman rich moreland tossing that foul ball into the stands. you see the 3-year-old reaching for it. he thought he was going to get the foul ball but the man sitting next to him grabbed it instead. luckily a man find tbehind the s saw what happened and make sure the little boy got to take home a souvenir as well. the man didn't realize at first her son was crying and was prepared to give up the ball.

>> he said, if he hadn't gotten that ball i was going to give you this ball. he said he was going to give it to him. >> that was nice of him to say. but this is not the first time that something like this has happened. you might remember this father dropping his daughter to try to catch the ball. you saw that. that woman ripping the ball away from a young girl. >> it's incredible. don't take your kids to the baseball any more. >> that is so cruel. i have a son who is just about 3 years old. they get so upset. give something up to a child. what we didn't show you there is the video of the woman holding the ball. it piered as though she was sort of taunting that child. they start making out and the little boy is crying. they through him another ball. >> looked like that guy was trying to impress his younger girlfriend. he feels badly about it. you heard the mom say he said he was sorry prepared to give the girl the ball.

>> i would give him the benefit of the doubt. everybody gez for the ball maybe makes you take a few seconds to realize. i give him the benefit of the doubt. >> the couple saying they didn't see it. you see the video of that woman holding that ball right there in front of the child. >> ainsley, we could clearly talk about this within all day long. that leads us to our question of the day. i know you have an opinion about this. what is the proper etiquette when you go to a ballpark? >> send i sus your comments at friends first or shoot us a e-mail fox friends at foxnews.com. we are going to read it late ner the show. >> it is 11 minutes after the hour. a vet so sick with cancer he can no longer fly on an airplane to see his daughter. what did spirit airlines tell him, too bad no refunds for you. we will bring you the details. >> it may be the world's worst

girlfriend. he surprised his girlfriend dressed as a robber. first what you missed on conan last night. >> a new republican ad came out that claims president obama is too focused on being cool. president obama had to stop the ad saying he was too busy with the new band one direction.

>> quick headlines now. new developments in in the disappearance they found several items possibly related to the case in waterville maine. reynolds 20 months old when she

disappeared in december. they are sending the items to a crime lab. bush kicking off his warrior 100 k. the bike ride honoring troops injured while serving in iraq and afghanistan. the president kicked things off yesterday along with 70 other riders and our own dr. mark siegel. he will join us live with all of the highlights next hour on fox and friends. federal agencies battle it out in federal court today over the age of which young girls can get new jersey contraception. this after the white house blocking the fda letting girls under the age 17 from buying the morning after pill. >> federal judge has ordered the fda to explain by today why the agency will not allow the plan b morning after pill to be dispensed to young women under the age of 17. though the fda did originally decide the plan b should be available to all females of childbearing age health and

human services secretary kathleen seb lis stepped in to limit it to only those 17 ammed older. that sparked a backlash from the pro choice community. they brought the original suit against them saying the secretary took an oath to improve america's health. she is not living up to it on emergency contraception. enough is enough. we need leadership that listens to science and doesn't cave to political pressure. pro-life advocates say it's ironic they are taking it from the left because it has been such a good ally to the pro choice community. >> we are hearing her say to a group at fawned razor that the contraception mandate was a huge victory, a huge win. they are receiving pressure. many people believe, myself included, that president obama has been the most pro abortion president in the history of the united states. >> pro-life leaders were

encouraged seb bill lis's decision but worry the pressure will cause the administration to relent. thank you so much. it is now 17 past the hour. a developing story overnight. a judge just deciding whether we will ever get to see the photos of osama bin laden dead. >> while you were sleeping the government is one step closer to tracking what you do on the internet. we will tell you about that. >> first here's a quick look at morning prices at the pump. national average for a gallon of gasoline $3.87.

test

>> it is now 22 minutes after

the hour. quick headlines for you this morning. the house of representatives passing a cyber security bill from being hacked. the problem president obama violating the bill allowing companies to share critical kf. image winning a jackpot of 172 million then learning you have to split it with 40 other people. sold to a group of transportation workers in pennsylvania. they had so many people in that pool each person will take home only about 3 and a half million dollars. that of course is before taxes. not too bad. i would take that. >> only $3 million. my heart bleeds for them. we have brand new pictures out of tennessee where a tornado struck overnight. a score board was torn down at a local park outside nashville. an suv was tossed around like a match box toy.

there are no reports of any newer jis. one of the hardest hit tus luis sa tus kau localoosa alabama. hi, rick. >> hey, patti ann, good morning. >> it is amazing to come back to tuscaloosa. everybody remembers the images of all of the debris that was every where. when i first arrived you were able to see the first thing there isn't any debris. you notice the grass and weeds that have grown-up across these places. it was a community and now it is grass and it is gone. there are big plans underway a

maezer plan put into place. they continue to amaze me and inspire. we talked with justin and elena we are standing in what would be their living roop. -- living room. >> we saw how tough life can be. we saw what was most important with friends and familiar liar. we can replace things. god made us tough during this time. >> our local church reached out to us. family, friends and co-workers. we sent our dog to birmingham. eventually two people gave us their cars. when you think about this 60 percent of the people who lost their homes were renting their

homes. if you lose all of your clothes and belongings you walk away with that and you don't have anything. all of the community that came together you wondered at that time how long will this last? will it last to the point where people are being able to rebuild we met yesterday with a man named benjamin torres. he was a military vet who served 14 years in the military and did tours in iraq and afghanistan. the relief kourdie sided to go in and build a home. take a listen to what benjamin had to say. >> a group of people from all over. florida, california. all of these people came took time-out of their lives to come help me. a little guy from tuscaloosa. brings tears to my eyes. i just want to say thank you.

>> benjamin works with autistic kids and is continuing to help the community. >> these stories are inspiring. we have many more of these stories we are going to bring you today and tomorrow as well. >> live in tuscaloosa. >> interesting to see a year later. thanks. >> it is now 26 minutes after the hour. up next should taxpayers pay for the trips for presidentis? >> this does not pass the safe test. you know it and i know it. >> they are calling for investigation. we will have the latest live. >> she can't fly to see his daughter because he's too sick. no refunds no matter what. is that fair?

we report, you decide. first on this day in history in 2006 construction begins on the freedom tower at ground zero. 6 years later it's nearly complete. at aviva, we do things differently. our wellness for life program rewards you with savings just for getting a check-up, and it's only from aviva.

>> i am patti ann browne. we begin with a fox news alert. a fugitive on the runway. somehow a man being extradited from detroit escaped police custody and jumped on this tarmac at phoenix's sky harbor airport. he de activated his electronic monitoring while the plane was in flight. he escaped as he was escorted to the terminal. u.s. airways employees who noticed the strapger on the airfield held him down until cops arrived. >> while you were sleeping fox

news confirming a judge will not order the white house to release videos of the raid that killed osama bin laden or his burial at sea. they are trying to get the information released. the cia and pentagon claim releasing photos or video would jeopardize national security. they are vowing to appeal. police in arizona are now checking bodies of water near the home of missing 6-year-old isabel celis. the parents say she was last seen in her bedroom friday night. they are not going into the water but conducting visual searchs for signs of isabella. a neighbor says she heard dogs barking and male voices but nothing that indicated a struggle. spirit airlines is refusing to refund a ticket for a terminally ill war veteran who is too sick to fly. evidences booked on a flight from florida to new jersey but two weeks later his doctor told him his cancer had taken a turn

for the worse and was too sick to fly. when he asked for his machine back spirit said no way because he didn't buy travel insurance. >> he says this is our policy and too bad. that's it. i will give you a credit. they are unamerican. >> so far spirit is standing behind its decision. we will stay on this one. >> you want to shee the world's worst boyfriend. he thought it would be funny to go into her apartment dressed as a robber. take a look at how it went down. (screaming) >> he did eventually reveal his identity. that is your 559:30. some boyfriend there, huh? >> the debate is heating up this morning over whether president obama is using our tax payer

money for his reelection campaign. joining us now is doug luzader. he is covering the story for us live from washington. what happens now? >> it is one of those things that i don't know boehner. he needs to cut an check to the american people. trips this week to three college campuses in three swing states. officially he was there to talk about preventing a hike in student loan interest rates. taxpayers picked up the travel plan which included air force one. that alone 180,000 dollars an hour. republicans say the president was making a debate here that doesn't really exist. the event looked like campaign rallies so the campaign should pay for travel costs. >> this one does not pass the straight face test. you know it and i know it.

starts with the obama campaign to pony up and reimburse the treasury. >> the republican party filed a formal complaint with the federal accountability office. the white house says the president, president bush made a similar official trip during an election year back in 2004 to talk about education. it is also to me ironic that argument comes from people who know that we follow all of the rules in terms of the delineations between campaign travel and official travel. just as our predecessor did. >> this is a gray area for every modern administration. it would rely on the honor system here they have to decide whether an event is official or campaign related. some of these events really seem

to blue the line. the president's actual campaign trips. once the campaign is paid for it will start on may 5th. part of what is so interesting about this campaign experts say the president has to be really careful about not using the word republicans or mal linine lining republicans i any way. doug luzader thank you very much. brings us to another big talker. a bombshell ad attacking cool president obama for his attempt to use votes. (chanting obama) >> oh, yeah. ♪ i am so in love with you >> he is a jackass. snchl chanting obama)

(chanting obama) >> american crossroads is karl rove's super pack. he was on o'reilly explaining why he put this ad out. >> that's the point. he sounded great. he appeal to do young voters last time around. they were 18 percent of the electorate which is a significant expansion of their share of the electorate but it didn't turnout too good. high unemployment among young people high unemployment rate of young people since we began keeping records in 1948. tw too many kids getting out of school forced to move back in with their parents. he has anti students and anti young people policy. >> whether president obama should be investigated to win taxpayer money to campaign.

it crosses the line and he should take a step back. >> listen up all of you tech geeks out there. clayton morris is here. not that he is a geek. but he will show us the best gadgets to get you in if shape. >> a proud geek. everybody is getting ready for the bikini body. i know i am. you want to use technology to help lose weight. i have lost 12 pounds already using this which is the sit fit ultra. you throw this in your pocket you track all of the steps you take it tracks your calories. you can track it on-line on an iphone or ipad. you can see the calories you lost. it just launched this last week. we had a chance to play with this this week this is the fit bit scale. it's the area scale. it all ties together. so you track your calories step on the scale you can see and watch all of your movements on your ipad or on-line. >> so the scale is connected by

wi-fi to the other devices. >> you are in your home it loads it to your wi-fi network you can track all of the data in the area. it keeps you motivated. that's how you lose your weight. >> the ipad nano. there's ways to use it with nike devices? >> you can use it with your ipod touch or ipod nano. you put it in your sneaker. this little dong el. as you are running you can track your pace and you can actually see how far you have run. you can track again on-line your calories your pacing. you can say i ran that in 29 minutes. you should have got it in 27 minutes. >> then we have the jay bird freedom water proof ear buds. >> i am overwhelmed at the response on-line because people complain they are working out they get sweaty with their ear buds. they are tired of them getting caught up in their ahair when they are running. they fit in keep it from getting wet water proof and work over

blue tooth plus it wraps around the back of your head. >> when i am jogging that's what happens getting caught in the cord. >> 6 hours of battery life as well. we a fuel, nike fuel. final one here. this launched this week. already sold out all over the place. it's a wrist band you wear it tabulates your calories you get fuel points. it wraps around your wrist. it up loads to your iphone or ipod touch or on-line you can track your run. this is my friend pete. he ran 29 minutes, 3 miles in 29 minutes. >> congratulations, pete. >> no wonder mac is beating expectatio expectations. the ipod is beating expectations. >> it works with all of these different platforms. >> that's what i am trying to say. >> hope you don't have the sweaty ears we were talking about. >> 40 minutes after the hour. coming up we are going to talk about this, a teacher caught on

tape bullying one of her students. listen to this. >> (inaudible n. ( >> arthur eye della is on the case. >> can a lack of z's effect your health in we will tell you about that when we come back.

>> if you are looking up to the sky your eyes are not playing tricks on you. the space shuttle enterprise on top of a 747 will be making low flyovers over landmarks.

antoine lewis is live with more. >> patty ann today is the day to get the binoculars out if you are in new york city for sure. the intrepid is there. it is right there space shuttle enterprise coming this summer. tell you a little bit about what is going to happen. in case you didn't know this was the very first space shuttle in nasa's fleet. the enterprise never went into outer space. it served as the prototype for all future spacecraft. we are talking about the discovery all of the ones. it will be loaded on to the back of a jubl bmbo 747 bring it fro dulles into our airspace around 9:30 to 11:00.

it will make several low lying layovers, flyovers if you will are going to be flying over the hudson river past the statue of liberty the tappan zee bridge thoefrn to jfk where it will be housed until it is brought here to the intrepid sometime next week. they are all ready for it here. we are on top of it. antoine lewis, thank you. it is now 45 minutes after the hour. we told you about the upsetting story a autistic boy bullied by his teacher and his teacher aid.

>> did you hear the last part. you are a blank. arthur apparently the teacher no longer works in the school district. sounds like that teacher was simply transferred somewhere else. we are getting indications that is because the teacher apparently tenured. can't you just fire a teacher? >> there is a big problem. the school district acted swiftly here. >> transferring that teacher to another district. >> i don't think it was over. >> i don't think that was the final disposition. what that did which some people are criticizing him. he noticed changes in his son's

behavior when he was coming home from school. even though he was autistic. he never had been haifrial issues. all of a sudden he hassi behavioral issues. he wires his kid up. he does a whole youtube thing and he -- >> is it legal for parents to do that? >> they may not be admissible in a court of law. he never took it to a court of law. he's not going to get raised for doing this. if they went to trial it would probably be inadmissible. there won't be a trial. >> talk about bullying. we crack down hard on bullies in new jersey. this happened in the state of new jersey. so students are subject to this. what about teachers? >> well, i think if you look at the legislative intent with what the legislators had in mind when they wrote the bullying law on

stude student>> ting falls more on the umbrella of confidence outrageous behavior. >> the law says it's a single act of a series of incidents that takes place or interrupts and interferes with the rights of students. >> i think if you look at what the arguments were in the legislature i would think that the argument is the teacher may -- this law was not for teachers. there are a lot of issues she violated clearly. you are not calling a kid a bastard. >> students have to work according to the law not teachers. >> in the law that would aplay to the child. if you want to call it harassment or something else. i don't know if it falls under bullying. >> that is not an isolated incident. it happened in other states as well. >> one of the most controversial crack downs in the entire united states already having a major

effect. it is creating more jobs. you have to hear this one. you also saw the video a woman snatches a ball but doesn't give it to a crying child. what is the proper etiquette keeping the ball or taking it to the court. see what's coming up on fox and friends. >> you have to make sure arthur idela is away from you the rest of the show. coming up straight ahead on fox and friends is president obama using your taxpayer dollars to win the election? we are going to hear from speaker boehner on that? do you want to be richer or smarter better looking than your parents. it's easy. we will tell you. talk about good looking and nice geraldo rivera is going to be here and olivia newton john is going to be here dukicooking on and friends. now just stair into the camera.

and now i build them. i am a bigger is better kind of guy. i absolutely love building locomotives. i knew i wanted to design locomotives from when i was very young. [ jahmil ] from the outside it looks like such a simple device. when you actually get down into the bare bones of it, there's so much technology that's submerg. [ rob ] my welds are a signature, i could tell my welds apart from anybody's. you lay down that nice bead and you look at it, i love it. they don't go together by themselve there are a lot of little parts, and everyone has their job. [ scott ] i'd love to see it out there on the open tracks. and when i e it, i'm gonna know that i helped build that thing. [ train whistle blows ] here she comes! [ bell clanging ] [ train whistle blows ] wow! [ charlie ] well, it's one thing seeing them built, but then to see them out here, pulling freight across america, it makes us proud. ♪

>> 53 after the hour. unemployment rate is down 2 points. many people are giving credits to one of the state's controversial laws. diane mess said doe has more. alabama's immigration law may be controversial but it looks like it may be helping the state's labor market. it is down a full two points from a year ago. along with michigan they have the biggest drop in the country over the past year. from alabama one and a half two points after the state started enforcing tougher immigration laws in september. more than triple over this year. 47 thousand legal residents have gotten jobs and some businesses who lost workers after jobs went

into effect raised salaries. not only are fewer people unemployed but those who are losing jobs are going to back to work faster. they are contributing to the turnout is debatable because many including the obama administration have come out against the new laws. the correlation is just a coincidence pinted to the fact that national unemployment has ticked down lately, too. as for the president he is not saying much of it at all. he showered michigan with praise for lowering the unemployment rate he largely ignored alabama even though it is making faster progress man michigan. >> diane macedo, fox business network, thanks. >> we asked you to brew on this. are some of us for getting baseball is just a game. we showed you a video from a texas ranger game where an adult couple catches a foul ball did you but didn't give it up to a

child who wanted the ball next to them crying. what do you think is the proper etiquette to keeping the fouled ball. they are passing it on to the child. here are your responses john tell him to stop crying and grow up. there's no such thing as a freehandout. you want a baseball, earn it. >> he is 3 years old. >> too often we see adults acting like fools over these games over a foul ball. this story reinforces that. that from another viewer. >> you can keep the comments coming by sending it to twirt@fox friends first. or friendsfirst@foxnews.com. it is just about five minutes before the hour. it is the word of the day all scrambled up. can you figure out what it is? we did a story on this one earlier this morning. >> an update to the favorite story yesterday the puppy who got too close to a cactus coming up.

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.

thor's couture gets the most rewards of any small business credit card. [ garth ] thor's small business earns double miles on every purchase, every day! here's my spark card. and here's your wool. why settle for less? great businesses deserve the most rewards! the spiked heels are working. wow! who are you wearing? uhhh, his cousin. [ male announcer ] the spark business card from capital one. choose unlimited rewards with double miles or 2% cash back on every purchase, every day! wait! your boa. what's in your wallet? >> it is now 2 minutes before the hour as we take a look at the good, the bad and the ugly. first an update to bring you this morning on that 8-week-old puppy found stuck in a cactus. he has a new home thanks to sarah messerschmidt. more than 70 people applied to adopt that puppy. more than 1 out of 3 american workers we're not getting enough sleep. 30% of adults are sleeping less

than six hours a night. the ugly. a bear goes to college so officers shoot it with a tranquilizer and down that poor little thing came. this happened at the university of colorado in boulder. >> and he's fine. >> yeah. >> time now to get scrambled up. we have steve doocy and arthur here to help us out. it's a word we referred to sometime during the show. >> who is going to do it? me or him? >> boyfriend? >> boyfriend. >> wow. >> wow! >> you're somebody's boyfriend. >> doocy, you want to be my boyfriend? >> boyfriend dressed up as a robber and scared them. >> i love it. >> and of course, caught it on video like everybody seems to do nowadays. arthur, good thing we brought you in. we needed a lawyer to figure out that word. >> steve doocy and i think of boyfriend. that's what comes to mind. >> you have that great light.