>> good morning to you. i am ainsley earhardt. >> i am heather childers thank you for watching fox and friends first. >> let's get right to the top story. senator richard lugar one of the top voices in senate affairs going down in defeat in a republican primary. >> approve ago ban on gay marriage. dieter du peter doocy has more. >> one of the most prominent democratic senators says lugar losing is a tragedy to the senate and a blow to the institution when the institution itself has been strained. senator lugars remarks were even

more emotional. >> i want to see a republican in the white house. i want to see my friend mitch mcconnell have the republican majority in the senate. >> richard murdock was just as spreektful. >> when i began the campaign senator lugar was not my enemy. he is not now my enemy, he will never be my enemy. he was simply over the last 15 months my opponent. this race is not about animosity. it is about ideas. it is about the direction of the republican party. it is about the direction of our country. >> president obama said in a statement as friend and former colleague i want to express my thanks to louing gar. i found during my time in senate he was often willing to reach

across the aisle and get things done. >> republicans need to win four seats in november to have majority in the senate. if they want to hold that they knead to do so without the 80-year-old lugar who lost last night. mourdock has the backing of the senate committee and north carolina voters approved an amendment defining marriage between a man and a woman thus banning gay marriage. the big headlines on election night were the loss of a long time senator and addition of a gay marriage ban in the southern state constitution. heather? >> thank you very much, peter. appreciate it. be sure to stick around richard mourdock that winner will talk about his big win last night. the president stands on gay marriage that's the hot topic this morning. that's what charles crowd hammer is talking about this morning saying it is crystal clear what the obama administration is

doing. >> here he is on "o'reilly." >> it is clear what is going on. i am not sure it was a slam. with biden you boo know. he is a lose cannon all of the time. i wouldn't describe it as a strategy. they are telling the american people with a wink and a nod then of course we are going to support gay marriage the only question, the only debate with the administration is to say it now or whether to say it after election day. like what obama said to his friends vladimir and dimitri in russia, after the election i can be more flexible. a president announces i am evolving on the issue, you already have high officials in the government saying i am in favor of it. you think obama is going to announce evolution stopped short of joe biden. of course not. everybody understands he will say he's in favor and it will be

a done deal. he has some worries about parts of the con sit we know see. >> he does not think it will be a dominant tack tore in the election. mitt romney is sweep threeing more primaries winning indiana, north carolina your state and west virginia inching himself closer to securing the party's nomination. >> despite not officially winning yet both camps are in full leblgs mode hitting each other on key election issues romney responding to the president's reelection tactics last night on "hannity"." >> i think it is time for the truth. i think the american people recognize we have important challenges and we have to have swub who will speak in an honest adult way. this kind of incendiary effort of the obama team i don't think will connect with the american people. he will fire up their base but the people who will be deciding those people who voted for

president obama last time will not vote for him again because the last four years have been harder than they had expected. harder than they were told it would be. need to hear what our plans are and decide who has credibility to get the economy going again. we are in the longest slows recovery in recorded history for this country and it is because of president's policies are so tuned into the old liberal priechs in the past. they didn't work back then, they are not working now. >> hannity tried to get information on potential vp picks. he said he had no information to give. now for the 5@5:00. top lheadlines we have primary news with scott walker he knows who his challenger will be in the recall election. milwaukee mayor tom barrett winning the primary.

they battled before two years ago democrats unions push for the recall after walker tries reducing the power of unions in his state. fox and friends rebeccacally fish will be on to talk about the recall election and outcome of the democratic primary. sounds like the plot of a movie. the would be underwear bomber was actually a double agent working for the cia. his mission to infiltrate al qaeda and to convince them to give thhim a new type of metall bomb when he did he hand it had over to the feds. the fbi analyzing the bomb. we will have a live report for you in a stunning twist. >> causing not one but two southwest airline flights to be grounded overnight. the call coming in while flight is 84 was in the air to phoenix arizona. authorities checked the plane

out once it landed but didn't find anything suspicious on board. another flight that was supposed to take off from orange county to phoenix was grounded becauas precaution. the disappearance of a tennessee family. the he can wife and mother of the man wanted in connection with it have both been arrested. teresa maze and mary frantis maze sface conspiracy charges. police are on a multi state search for adam mays. they safz the last person to see joanne bane and her three daughters. the bodies of joanne and her older daughter were found over the weekend. investigators believe the other two girls are with mace. he's described as a family friend. rick santorum on the tonight show talking mitt romney. >> one point you said he was the worst republican we could ever put against him. >> well, i said that with

respect to the issue of obama care. >> can you image what the tonight show would look like if the government ran the tonight show. >> would you even be here? >> santorum also bringing jay leno a little gift. a sweater vest. that's your 5 at 5 headlines. >> to fueliind out if you will one of the sweater vests today. >> wonder if he will be wearing that on the show. maria molina has a look at the wet weather from the northeast down to the southeast. >> good morning, guys. good to see you. we are still going to be dealing with showers across northeast and into the southeast. you will notice southeast temperatures will not be as hot today. all things are bringing in a lot of that moisture from most of

the eastern third of the country. current temperatures right now new york city is a muggy morning 61 degrees. it feels gross out there. 67 in dv. similar testimonies across the southeast. here's a look at the showers and even thunderstorms that are going to be associated with this front. from parts of the southeast. heavy rain south of atlanta and into portions of alabama. as we head into this afternoon and this evening we are seeing a risk of southeastern weather and the florida panhandle. otherwise a little cooler temperatures across the southeast. only 70 in atlanta.

stories you can baipg on this morning. joining us now is lauren simonetti. good news for people who are looking for work. >> great news. the labor department said as of march there were 3.74 million jobs advertised. that's the highest level before the financial crisis. if you are looking for a job the labor department also found more people quit their jobs. that is good because they feel more confident they could get out and do another. chase coming up with a prepaid card that could replace checking accounts. >> this is good for people who don't have a checking account or high enough balance. it's a prepaid debit card and there's a $25 deposit necessary in the beginning then you pay 4.95 a month. it's a way for chase to collect fees they can't collect any

more. >> me, me, me. all about me. why we like to talk so much about ourselves on social media like twitter and facebook. >> smart people at harvard trying to figure this one out. the reason we like to post what we eat for dinner and the things we are doing all of these personal things on twit he were and facebook and pin terrorist and everything else. not only do we like talking about ourselves we like do it in a public forum. the brain activity talking about ourselves in public talking about the same things we get we eat food and make money. thank you very much. appreciate it lauren. >> it is now 111 after the top of the hour. calling karl rove a quote contract killer. reabs coming in this morning. commute is leading you down the road to divorce court.

the stunning stat statistics next. that brings us to our joke courtesy of jay leno. >> two predictions out today claim 42 percent of americans will be obese by the year 2030. the only way to stop that is for the government to step in. when it comes to tripling the fat and tightening your belt what better way than the u.s. government. that's the best way to cut it.

>> another big talker this morning david axle rod campaign advisor taking heat for comments he made during a conference call calling karl roe a quote

contract killer. take a listen. >> we are going to be prepared. i want to be clear to respond to the attacks that we expect to continue from not just from the romney campaign but from the contract killers over there in super pack land who are going to continue to pound away on behalf of governor romney. we will respond vigorously. >> should axelrod have to apologize for the comments? here's what they had to say last night on "hannity"." >> it's like locker room talk on the political season. this is what guys say to one another. why did that enpeter his head. either that was premedicated or it was off-the-cuff. either way i think president obama ought to let his inner circle know enough is enough. >> i think david axle rod is a

good guy that had a bad day. >> maybe he should apologize. >> he used that expression and ought to take it back. >> they had a very good ad that ran yesterday. almost on the first very positive ad compared to good morning in america ad. on the same day within the same news cycle they step on it by calling their opponents contract killers. >> i think this happens time after time and the president never has the willingness to take on his own base. it's only the republicans that cross lines. he sited bill maher's attacks against the right. he said the president should return the money that he donated to the obama super pack. it is now 17 minutes after the hour and here is come of the stories we are following at this hour. the family of missing hollywood executive gavin smith speaking out saying he would never abandon them. his whereabouts a friend's house

that was on tuesday. he drove ov and hasn't been seen since. brand new developments in the case of a teenaged girl. they found this flag it links his disappearance to the 15-year-old. multiple surveillance video show the car near her house and where some of her belongings were also found. it is time now to brew on this. we all know sitting in traffic can be stressful. now it seems your daily commute is not only causing stress it is hurting your health. a new study find that people who drive long distances to work are more likely to be over weight and have higher blood pressure. the reason twher spending too much time ore more time rather than being physically active. they don't have as much time to cook but they have more time to snack in hear cars.

the rate of divorce going up 40 percent for couples with longer commute. >> that's what we want you boo brew on is your commute driving you over the edge. >> send your comments to fox friend first or shoot us an e-mail through friends first@foxnews.com. we have a brand new feature you can vote on the brew on this question. we will read them later in the show. it is 19 minutes after the hour. the muslim imam who wanted to build the mosque at ground sglaer row, this will be good. >> the first new border patrol pan 8 years but it makes no mention of expanding senses. is it really the best strategy? prices at the pump a gallon of gas dropping once again down to an average of 3.75 a gallon.

>> welcome back. some quick headlines for you. a former speech writer for john edwards new about the controversy. edwards told her a wealthy owner was secretly supporting rielle hunter. he is back on the stand for cross examination. a swiss miss. officials concern the minnesota congressman is now a citizen of switzerland and the u.s. it turns out her husband who is of swiss descent was eligible for dual citizen ship. once he was approved she was

automatically approved. >> big development in our borders. a new strategy announced to keep illegal immigrants out of the united states. here with details is steve sen t centon nishg. >> new information on intelligence gathering to target certain immigrants. it was to blanket checkpoints with resources dragging them to more remote areas where they could be easily singled out. now we have to figure out who the offenders are why they are crossing and what threat they pose to national security. they are using intelligence to get ahead of the threat. tracking down further on repeat offenders. here's how chief mike fisher put it as he testified before a house panel. the theme is to use rapid response to meet all threats. these are essential as we continue to build upon an

approach that puts them in place to combat the grates list. the border situation is changing rapidly. the number of agents doubled in the past 8 years. number of apprehensions dropped to the lowest point in 40 years and slew of immigrants slowed substantially because of a poor u.s. economy. there has been increase on border surveillance but makes no mention of expanding physical barriers at the border. 25 after the hour. you buy it and they waste it. why this equipment to our airport is collecting dust in an airport instead. >> unbelievable pictures. this is a wall of debris from the japanese tsunami starting to strike american shores. we will have that for you. a shot for your mom on this day in history in 1914 president woodrow wilson issued a proclamation establishing a wonderful tradition the very

first mother's day. this weekend. we have a few days left to get the gifts in the mail. don't forget. test

>> welcome back to fox and friends first. >> let's get right to it. >> we begin with a fox alert for you. richard lugar losing to tea party challenger richard mourdock. he won support by casting lugar as president obama's favorite republican. mourdock will be on fox and friends today at 7:00 a.m. >> scott walker now knows who he will face off against in his recall election next month. they know each other well to become governor in 2010. voters approved a constitutional amendment banling gay marriage. it is the 30th state in the country to adopt a ban. first republicans now house democrats calling for congress charges to get attorney general eric holder. he moves ahead with the subpoena last month after holder hands

ore the documents. he denies he has been uncooperative. hundreds of weapons in the hands of mexican criminals. two of those guns ued in a shootout which killed u.s. border patrol agent brian perry. >> booed news if you are planning on retiring. the cost to pay for medical bills on the rise. they estimate a newly retired couple will need 240,000 dollars to help cover healthcare expenses even with medicare benefits. this estimate does not factor in dental services or long-term care like the cost of a nursing home. the pictures are unbelievable. alaska's shore being blooded with debris from last year's tsunami in japan. bottles and containers covering the beaches. the debris riving months earlier than expected because of strong force of winds. more debris expected to hit the west socoast of the united stat. the mass the size of california.

a real jet center a brand new invention making waves with vacationers in florida. ainsley look at this. >> what in the world. >> it is a jet pack uses water pressure to catapult people dozens of pefeet in the air allowing them to literally fly over the gulf of mexico. the cost about $300 for half an hour. that doesn't include medical expenses afterwards. that's your 5 and 5:30. >> stunning new developments this morning. we are learning the would be underwear bomber thwarted are blowing up a plane a few days ago wasn't a terrorist at all. instead a double agent working for the cia. >> doug luzader live in washington, d.c. with the latest. >> by just about any measure it appears to be a real cue by the cia. we know more about how it happened. the cia had an inside man somebody who infiltrated in yemen to an extraordinary

degree. according to health officials he wasn't somebody to carry out the plot he was the man to wear the newest version of the underwear bomb. instead of carrying on to the plane he delivered it to the cia. when it comes to the bomb itself we are learning more about that, too. it's an advanced version of a device that was almost detonated aboard a u.s. bound jetliner on christmas day in 2009. full body scanners in airports should have been able to pick it up. the officer with thousands and thousands of normal people every day. if you are wearing an underwear bomb that is going to stand out. i feel very strongly they would be able to identify that and they could identify it either with a pat down or trade protection.

>> in theory. there are new questions about the scanners. first of all many airports overseas don't use them. congress is going to ask whether the cia will de loy the economy that causes taxpayers. the tsa has nearly $200 million in security equipment that is just gathering dust in a dallas warehouse. bill o'reilly riley also talking last night on his show he sat down with imam involved in the controversial ground zero mosque right here in new york city. the imam is no longer involved with the project but discussed the issue with o'reilly on "the factor." >> long island scores of people killed. just like the 60 muslims downtown with you. their children wokeup in the morning and their mothers and sisters never came home. they said today --

>> we understand. >> let me finish. they said today will you tell imam rule that we don't object to the mosque as long as he is just not in that proximity. we want to keep that proximity away from any controversy at all. we don't want any controversy there. some people may read it the wrong way. >> i respect their wish. i know you do, too. >> i do very much. this is why we -- the community told me i had to go out because the people understood my vision they would all support it. and they did. >> like the vision move it a couple blocks away. >> it will all come together to build a coalition of muslims of christians, of jews, of atheists who believe in modernizing this experience. >> i think you are on the right

track here. >> heather mentioned the imam is not on the project because they had different visions on what it should become. the vision for the weather forecast. before you leave the house this morning first degree weather update with maria molina. >> you are a vision this morning maria. >> thanks. good morning to you and good morning to everyone. we are tracking a cold front that will be a big story across the eastern sea board. it is not only bringing in a chance of showers and thunderstorms but possibility of severe storms along the panhandle. stay alert out there. we are not expecting a major tornado outbreak. maybe an isolated tornado out there. the other big change is a change in temperature across parts of the southeast. 68 degrees as we head out the door. as we head into the afternoon hours we are not going to be warming up at this hour.

70 degrees expected in the city of atlanta. cooler behind the front. you can see the 24-hour temperature change behind it. 6 degrees cooler across portions of arkansas and oklahoma. otherwise where the front hasn't moved through we are not seeing much of a cool down. it will be a beautiful weekend in the city. you will notice humidity will be dropping behind that front and you are going to get a lot of sunshine. deal with the showers for today. otherwise once again we are looking at the severe weather risk across eastern parts of the carolinas and georgia and panhandle with an isolated tornado possible. high temperature today in new york city 71, showers and storms possible. further off to the south cooler in atlanta high of only 70. showers and storms as well. >> i think she said just deal with it. >> i know, right. >> grab the umbrella. get through it. double elimination night on "dancing with the stars." >> the second couple who will

believing right now is melissa and max. >> oh. actress melissa gilbert fighting all kinds of injuries this season. last night she was fighting back the tears as she had to say good-bye on her birthday no less. shawn fagan also getting the boot. >> congratulations to alexandre ambrozio giving birth to a baby boy named noah phoenix. this is her second child. bombshell actress sophia vagara. she is so cute. now she is official sling el. she split with her boyfriend this weekend after more than two years together. sources say he couldn't deal with her growing fame. >> last but not least be sure to stay tuned, dee snyder will be joining us on "fox & friends". >> i would love to meet him.

now for your starting lineup. josh hamilton going on a tear last night against the orioles. he smashed four home runs. all two run homers. he is just the 60th player to hit four home runs in a game. they won 10-3. >> the yankee ran into complications during the exam. brian cashman says it is not to effect rivera returning to the season. surgery to repair his acl still not scheduled. kobe bryant auctioning off this mask for charity. he had to wear it after he broke his nose. 67,000 dollars was the bid. it will go to fight homelessness his foundation. some of the compelling pictures a little boy coming face to face with a wall of police. the story behind this photo next. how to lose weight all day

long. the true secret to losing weight a lot easier than you think. first what you missed. jimmy fallon last night. >> most people can't go 10 minutes without lying. the study, in 20 minutes nobody knows what is true.

>> it is now 43 minutes after the hour. let's span the globe and see what stories are making headlines overseas. first to peru where joran van der sloot begged the judge not to extradite him to the united states on the grounds that he

would never get a fair trial. his own lawyer calling him the most hated person in america besides osama bin laden. van der sloot the prime suspect in the disappearance of natalee holloway. he's wanted in the u.s. on charges he extorted her parents. next canada where the country is considering genderless task force. critics say the current male or female option is unfair to the transgender people. last russia is already being referred to as moscow tiananmen square moment. this little boy face to face with the wall of police becoming the face of the pro democracy there after vladimir putin became president again. you may want to schedule an appointment with your accountant. big changes may be coming from state tax codes. business network diane lusado with more. we are talking about the bloomberg 2012 state tax department survey which found

the state to respond to changes in technology and in some cases they are already expanding their definition of what constitutes a taxable economic presence otherwise known as a tax message. while most are excessive a corporation needs physical presence in the state before it could be subject to an income based tax as technology evolved and more companies shift to brick and mortar models the tax message is shifting, too. the survey found having a server in the state othr having substantial numbers with a billing address would have a nexus in several states. 36 states consider training and hiring new employees by existing employees as conducting business in the state. 44 taxed out of state employers that allow employers to work from home within their borders. the list goes on. one issue that is dividing tax officials is how to tax the daily sites. the most agreed sales tax should apply to persons like group upon or living social. it should apply to the full or

discounted price of the services purchased maybe by the 2013 survey they will have an answer for that one. it is now 45 minutes after the hour. coming up next how to lose weight all day long. the simple things you can do to drop the pounds through out the entire day. ready for that. >> last chance to weigh in on the brew on this topic of the day. is the compumute driving over t edge? we want to hear all about it. first check in with brian kilmeade to figure out what's coming up on fox and friends. >> great show as usual. let me show you what's coming up straight ahead. from heavy metal band to broadway dee snyder is here life on the show. plus he is telling you if you are normal or if you are not. dr. keith ablow is here along with miss usa and new jersey shore. that is all coming up this hour on the top of the hour on fox and friends. i have covered every position. s

look at you and just see a policy. 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. t but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you.

>> 50 minutes to the top of the hour now. is it a sign president obama is in for a very rough reelection? heath judd is in prison in texas. that didn't stop 40 percent of voters from west virginia from voting for him in the state's democratic primaries. the tanning addicted mother who mead hid lines for taking her daughter to stake and bake now

banned from tanning salons. they have been asked to show her the door if she shows up to use their tanning bed. swimsuit season heather. it is on the hoar ririzon. hitting the gym and eating well that's not all it takes. research showing us it is the timing of everything that can make all of the difference. joining us with how you can lose weight all day long even when you are sitting at your desk. personal trainer and fitness expert nicky fitness. thanks for being with us. >> timing is everything you are saying. you can eat through out the day you are telling us don't go hungry. >> people say it is exercise and what you eat. it's also about the timing of when you do it. when you first wake up, you are supposed to be awake when the sun is up. we are in artificial light. we have to think about getting up. >> say you get up at 5:00 a.m. let's start at 5:00 a.m. >> hydrate you have been fasting

all night long then do cardio in the morning. that's when you have the most energy you can burn and get the metabolism going. >> what if you can't hit the gym. >> you can sleep in a workout outfit and wake up and throw your sneakers on you are ready to go. have your alarm set to some fun cardio music. you will be great. after you get your cardio you eat from the healthy complex carbs and eggs and protein. >> this is a veggie wrap with whole wheat lots of complex carbs. >> at 10:00 eat a snack like apples or string cheese. >> complex carbs and fiber. get it through your system and protein and the fiber keeps you fuller longer so you are never really starving. >> lunch time? >> this is veggies whole wheat pasta. >> looks delicious. that's a lot. >> it will fill you up. keep portion sizes small. if you are full you don't have to finish it all.

>> what about exercise you have to do that? >> half an hour for lunch you don't spend too long. if you are at a lunch break take a walk, do something do errands get moving. keep your caffeine tea and coffee early in the day nothing past 3:30. >> really. oh my gosh. >> dinner you can have another snack like the fiber one bar. i love these. snack with fruit again in the afternoon to keep you from getting starving then a healthy meal like a lean protein and then the carbs that are fruits and vegetables that have lots of fiber in them. >> what time do you recommend? >> strength training and dinner around 5 or 6:00. >> snack before bed? >> so you are not starving and waking up hungry this is frozen yogurt. >> then the i patch. you put it on the ipad maybe ear

plugs the light outside coming in. you have to have your melatonin. >> if you do all of this you are still losing weight through out the entire day. >> i was taking notes. >> for me not for you. >> thank you so much. appreciate it. >> it is now 54 past the top of the hour. coming up the hair raising picture everyone is talking about this morning. what in the world is up with tom brady's new due? we will show you and talk about it. time for the word of the day all scrambled up. your morning scramble stick around the for the answer. think about it.

>> well, earlier in the show, we told you about a new study that finds people who drive long distances to work are more likely to be overweight and have higher blood pressure. even the rate of divorce goes up

40% for couples with longer commutes and that's what we want you to brew on this morning is your commute driving you over the edge? here's some of your responses. eduardo writes and says what about the people who also eat unhealthy as they drive? that's a recipe for an untimely death. >> melissa from florida says i commute every day and manage to keep my weight down by hitting the gym. >> good for her. thanks for everyone responded and keep the comments coming into us. we love to hear from youful time is 58 after the hour. time for the good, the bad and the ugly. first we start with the good. meet the newest member of the "fox & friends" family. weekend host clayton morris and his wife welcoming their baby girl. ava elizabeth yesterday. she joins big brother miles. congratulations, clayton. the bad. police in rhode island finding gun parts hidden inside a child's stuffed animal. at t.f. green airport. you see the mickey mouse here? they say it's the result of a domeic dispute and final the

ugly. tom brady, well, he's still not too bad to look at. getting a lot of flak for his new do. the football star debuting his off-center fohawk at the mets gala in new york. thankfully his gorgeous wife gisele was next to him. i mean, he still looks cute, doesn't he? >> he's really into his hair. >> it is now time to get all scrambled up. and gretchen is here to join us. >> good morning. i like his hair! >> i do, too. it's always different. >> i like the scramble. tom brady's hair. amusement? >> i know what it is! >> it should be easy. >> starts with a c. starts with a c. >> commute? >> got it. >> commute. >> team effort. >> good job. >> we all do that, right? >> thanks, ladies! have a great morning. >> you, too. >> see you later. bye. >> good morning, everyone. it's wednesday. you made it to the middle of the