>> hello. good morning to you. i am ainsley earhardt. >> i am heather childers. it is friday may 11th. thank you for watching "fox & friends first". >> a nationwide manhunt for an accused murder this guy. and he's a kidnaper coming to a dramatic end overnight. 35-year-old adam mayes kills himself as they close in on him. 12-year-old alexandria and 8-year-old kylie awe were found with him alive mostly unharmed this coming from police. this almost two weeks after mayes murdered their mother and

14-year-old sister. >> garrett? hey, good morning, ainsley. this morning we get a little better idea of what it is authorities had to go through to be able to find adam mayes and these two girls. they told us last night at 5:30 they received a tip at mayes was somewhere in this area behind me. a swat team was searching in the woods for them. at 7:00 p.m. they came across alexandria bane. police told him preetedly put your hands in the air. police did not he pull add semiautomatic pistol out of the waist band and shot himself in the head. the girls are suffering from exposure poison ivy and a little bit of hunger as you can image. just to give you an idea of what they were living in the last nine days special agent ford gave us a taste and an idea of

that. take a listen. >> it is like what we have been face whatting we have been searching very rough, very -- what we have been searching very hilly, a lot of trees, a lot of shrubbery, very, very hard area to survive in. >> oo poison ivy you are saying and exposure to the el ems and the emotional trauma. thank you so much. so glad they are safe. joe biden apologizing after supporting gay marriage before the president did. some say that forced obama into giving his own endorsement. it is not hurting them with the liberal elite. peter, we understand the president talked a lot about his new stance at a fundraiser in

hollywood last night. >> he said people like him and they love george clooney. at clooney's house robert downey, jr. the oren of dreamworks raised $15 million. they talked about his new public position regarding same-sex marriage. he said yesterday they made some news but the truth was it was a logical extension of what america is supposed to be it was directly out of this difference in vision. are we a country that includes everybody and gives everybody a shot and treats everybody fairly and is going to make a stronger are we welcoming to immigrants and welcoming to people who aren't like us. does that make us stronger? i believe it does. the president's presumed opponent mitt romney is heading to charlotte, north carolina today on tuesday this week. that state vote to do define

marria marriage. same-sex marriage should not be at the top of the list of important issues. i don't know if there's a calculation about which positions are going to help and which are going to hurt. i think you have positions he described what they are. hopefully people are focusing on the major issues of today which relate to our economy getting people back to work. >> president obama was at george clooney's house and spent the night in los angeles. >> thank you very much. peter. lots of money go to a celebrity's house not only to endorse the candidate but to see the celebrity's home. time is 5:04 eastern time. it is time to look whose talking. the article stating mitt romney allegedly bullied a student in

high school. >> he apologized for pranks but doesn't remember this incident. this is the tape last night on "the record." >> the "washington post" has an extensive story looking at what mitt romney may or may not have done when he was in high school nearly 50 years ago. that clearly is rather odd journalism. i am not sure we learned much about that. if i did things that offended people i apologize i don't remember the incident in question. doesn't add much to our knowledge of him and is a waste of energy by what used to be the best resources in america. on a republican candidate. i don't remember them examining the lost -- barack obama's time at lost occidental and what he did in a largevend wright's

comments. maybe it was there and i missed it but it seems to be silly journalism. >> the alleged victim if he were alive today he would be furious about this story. it is time for your 5 at 5:00. eastern afghanistan where a nato soldier has been shot and killed by an attacker wearing an afghan army uniform. the taliban claiming responsibility for the attack which took place in the kunar providence. nato not providing any details about the attack and did not release nationality service provider. this is the 20th attack this year where afghan soldiers insurgents disguised as military uniforms. >> a toddler yanked from a flight for being on the no fly list. rihanna was on the federalist of terrorists. an airline employee pulling her

and her family from a jetblue fig flight in port lauder dale. the child wasn't flaged by the agency. jetblue is apologizing blaming the mistake on a computer glitch. the family was cleared to reboard but declined saying they were just too embarrassed. john edward's defense team will dismiss the case against him for lack of evidence. the motion routine in criminal charges after the prosecution rests. they rarely were. the defense will give its case monday and may call edwards to the stand. they rested their states after 14 days of testimony. edwards repeatedly lied about his affair with rielle hunter. >> for the first time in a year we are hearing from the christian pastor on death row in iran. a letter written just released. he thanked his supporters telling them that he is in perfect health and their actions

can be helpful in his bid for freedom. this married father of two being held in an iranian prison on practices of practicing christianity. a california preschool other's day went from ordinary to extraordinary during story time. that is when his dad who spent the last 8 months in afghanistan showed up. elijah has no idea what dad was home. >> elijah. hey, buddy. hi. >> go ahead. flush>> dad! my dad. >> dressed in fatigues joshua turner is only home for 15 days. says he will cherish every single moment. >> i have been waiting to see my family for it seems like so long now. >> you keep hugging daddy.

how come? >> because. >> because why? >> because i missed him. >> and that, ladies and gentlemen, is your 5 at 5. >> children are so impressionable. he is wearing come flaush waiting for daddy to come home. >> time for the first degree weather machine. severe weather in texas. janice, i hear your little one gave you a cute little mother's day gift. >> they did. they gave me a macaroni frame that was spray painted gold. >> what did your husband give you? >> a nap. he gave me a nap. best present for a mom. let's take a look at what we are dealing with in terms of severe weather today then we will talk about mother's day gifts. >> we have the threat for severe weather including the risk of tornadoes as the system across texas continues to lumber eastward. around corpus christi south of that area north of brownsville. see that polly gone?

that's where we have a tornado warning. this cell moving northeast at 20 miles per hour. there is a severe thunderstorm warning just east of that area. tornadoes are occurring by doppler radar or the tornado center. temperatures across the nation 65 dallas 46 denver. still very cold in mazula 31. a quick look at the travel forecast. dallas you can see thunderstorms miami you can see thunderstorms later on today. keep you posted on all of the watcheses and warnings and what you can get for mother's day. another big talker today. howard dean's recent rant about republicans. listen to this. they don't like latinos.

they want to take money out of college student's pockets so they don't have to take on exxon mobil's tax breaks away. priorities are not the right priorities for america. they don't care what anybody says except for themselves like the masters like the coke brothers. they have one master and that's money. if your platform is i don't like muslims or gays or hispanics i don't like women, you are more likely to see it under 35 and you are not going to. sean hannity took big issue with the comments last night saying this is another example of a manufactured crisis. >> howard dean, republicans quote don't care about latinos or working americans. al sharpton said gop declared war on black women and white woman. >> they have nothing. they are having to manufacturer a crisis. this is the biggest bunch of bs

i have ever heard. this is not true. >> is that why we are going back to 1965 and romney bullying somebody. >> right. people can see through this junk. >> they have got to turn the voters out. in order to turn the votes out he needs to win reelection they have to scare them and create all of these horror film ads where people are afraid to death of the republicans. if they don't do that they are going to lose the election. >> taking a tough stand on texters. why you don't want to be caught even when you are walking on the sidewalk. >> a bombshell from president clinton. he thought so little of president obama he begged his wife to quit her job as secretary of state and run against him. we will have the story straight ahead.

>> a $2 million trading blunder for jp morgan. we have a closer look. good morning. >> good morning. happy friday. this is indeed a business story that everybody is talking about. diamond is a well regarded ceo to morgan chase. the biggest and arguably the loude largest out there. they told the investment community they bost 2 million in the past two weeks in a trade that went wrong. that trade was likely a hedging move. it is jp morgan's own money. diamond was one of the most vocal critics like the vocal

rules this summer will ban certain types of trading like with the bank's own money. banks considered too big to fail shouldn't be engaged by such behavior. 7 percent in after hours trading. diamond came out in front of the problem using clear language calling it egregious and self-inflicted mistake. we have a note out today by jp morgan stocks. we have to see how it plays out and how politicians feel about this one with all of the regulation underway. >> lauren simonetti joining us this morning. thank you. >> thank you, heather. it is time now to brew on this. texting while driving of course a dangerous combination. what if you weren't allowed to text while you are walking. elizabeth pran joins us with all of the details.

>> you can get a ticket for texting while walking in the street. the reason cops say texters are some of the biggest jaywalking culpri culprits. they say it's dangerous. around 2 dozen pedestrians have been hit by cars so far this year in the area. it is a big distraction. they are not watching where they are walking. remind pedestrians to be aware not to be on their cell phones and texting. >> fort lee police are stepping up controls looking for dangerous walkers people who aren't paying attention. people who aren't following the rules. i did something wrong. usually i pass where i have to pass. >> i think it is crazy. that's a lot of money. >> the money she is talking about, 85 bucks a ticket. just in the past month and a half police have issued more than 100 tickets for jay walkers. i guess the lesson if you are going to text and you are walking on the sidewalk or through traffic, stop.

>> pay tanks to the signs cross the crosswalks and don't be texting while you are crossing. >> here in new york city i am walking every where. >> you walk in traffic and text? >> i do. >> well, there you have it. >> thanks so much elizabeth. >> that leads us to our brew on the yquestion of the day. do you think the texting and walking fines are necessary or just a nuisance? >> you know the drill. send us your comments. tweet them to us at fox friends first or shoot us an e-mail at friendsfirst@foxnews.com. it is 19 after the top of the hour. coming up first it was the chevy volt went up in flames now another green technology goes up in smokes. >> i traveled to california to find out how billions of your tax dollars could be spent on something that might not be taking you anywhere. first what you miss the last night on conan. >> a town in new jersey is now

findi fining people who are walking and texting. of course here in los angeles we have our own way of handling people that walk while testing, we run them over. it works.

>> an emergency landing at logan airport as a passenger tryings the cabin door.

>> flight attendants came rushing. >> flight attendants went up, stopped him. they asked what evidences doing he said he was looking for the seats. >> the plane was on its way from maine to philadelphia. the male passenger now in custody. one and done, hybrid car owners are losing their loyalty. a new survey says many won't go for hybrids the second time around, the reason the high priced. many gas powered vehicles are more fuel efficient and they cost thousands less. it is being called the train from nowhere. we talked about this on fox and friends recently. i went to california to find out why billions of dollars in tax payer money could be something that has many scratching their heads. >> our goal is to give 80 percent of americans access to high speed rail. >> bringing high speed rail to the united states has long been a priority of the obama administration. a private company funded by las

vegas says desert express enterprises wants to be the first to fulfill that. the closer you get to southern california major population centers the harder it is to build a train. >> it is cost prohibitive to get the right-of-way to cut through so many cities and it would simply be too expensive. >> instead it will start outside of victorville california a desertsy of 125,000 people more than 90 miles from the starting point of los angeles or anaheim. >> the question is a common one. people here in victorville understand that's confusing to some people but it is pretty much a straight shot from here to vegas. there's not a lot in between. >> victorville serves as the national collection point of 11 million people that may drive on 115 every year to also vegas. >> this is literally the end of the road. we are off 15 in the middle of the mojave desert. you go 90 miles that way and hit

la. 188 miles that way and you hit las vegas. the question is would you drive from la park your car here hop on the train to get there? >> i don't think the people of los angeles which is where we are going to be drawing most of the riders are going to buy driving halfway to vegas and catch a train the other half. >> is it a good idea? >> i think it's a good idea. the reason you are seeing this happen is vegas sees that there is a reason for it. they are the ones pushing for it. a lot of this money, private equity is coming out of vegas to allow people to get up there much quicker. they understand they can't really get down into la basin so this is where they are going to start. >> what standing in the way of turning this desert pit stop into an oasis? it's money. with funds drying up the desert express is asking you to step in. they need 5 billion in tax payer

money in the stofoechl of a loa. >> they are you quick to say it's a loan it will be paid back with interest. there are people nervous about it. >> solyndra was supposed to be paid back also. i don't buy it. >> it would come from the federal railroad administration finances program. $35 billion for project he cans like this. >> as long as that loan is paid back in full down the road maybe a lot of people are watching i am fine with it how can we guarantee the loan is going to be paid back? >> you can't really guarantee that. but at the end of the day i think it is up to desert express to market this properly. it gives an option to people who don't want to sit in their traffic or sit in their car driving in the desert and allows them to enjoy a nice short ride to vegas verses a short ride in their vehicle. >> lots of money. $5 billion. >> who would drive there to get

there? many people might, though to avoid that 3-4 hour sitting in traffic commute to vegas. we will see. it is 27 after the top of the hour. coming up it's a highly unusual move the feds going after joe arpiao. is it really a case for the justice department? >> a bombshell for president clinton. he begged her wife to quit her job as secretary of state and run against him. that story coming up next. most 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.

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>> welcome back to fox and friends first. i am heather childers. >> i am ainsley earhardt. >> we want to get right to our headlines and a brand new development on the top story. the nato soldier shot and killed in eastern afghanistan by an attacker wearing an afghan army uniform was an american soldier. two other u.s. soldiers were injured. the taliban claiming responsibility for the attacks which took place in the kunar province. we are asking soldiers or insurgents disguised in uniforms

taking on troops. adam mayes killed himself late last night as swat teams closed in on him outside of a church in alpine, mississippi. the two girls that he kidnapped 8-year-old kylea and alexandria bane were found with him alive and mostly unharmed. they are in a hospital for observation. mayes ab dumented the girls about two weeks ago after allegedly murdering htheir mothr and sister. they found mayes thanks to a tip. there is word he believed he may have been the girl's father. it gives a whole new mean to go party politics. president obama hobnobbing with the hollywood elite last night at george clooney's mansion. the event raking in $15 million. he used that opportunity to tout his stance ton gay marriage.

tobey maguire paid 40,000 dollars to be there. campaigning for president obama looks like he wasn't always so supportive. an explosive new book claims he called president obama, quote, incompetent amateur. a few months ago and even begged his wife to quit her job as secretary of state to run against him in the primaries. he called the acquisitions completely untrue. morng key nkey is going bau gnaws. they were left untanded for ten hours and the results smudges but no serious damage. overall hyundai said it was a success. look at that. >> joe arpio facing accusations

of abuse of power against latinos. the skwustis departme -- justic now suing him. good morning, doug. >> good morning, guys. this is a standoff between the federal government and this outspoken arizona sheriff who isn't willing to give in he says over politics. the sheriff is being sued in federal court by the obama administration. his department is accused of discriminating against hispanic jail inmates and potentially targeting hispanic drivers. the justice department wants arp aishg o to submit to a monitor to keep an eye on operations. >> they are supposed to protect and serve not divide em. this is an abuse of power case involving a sheriff and a sheriff's office that disregarded the constitution, ignored sound police practices, compromised public safety and did not hesitate to retaliate

against perceived critics. >> he has taken a tough stand against ill lael immigration. but he says this is about ill election year politics if the white house tries to court hispanic voters. he will not feed his authority to the justice department. >> we are not racist. that is disgusting politics. i recent their allegations. i look forward to going to court to try to take away the auth authority. >> what is unusual is going to court at all. typically they convince local agencies to reach some kind of settlement but arpaio is not giving in. back to you guys. >> thank you very much, doug. that is what charles krauthammer is talking about this morning explaining what he thinks is behind the administration's decision to bring the charges against the sheriff. what is happening here is the administration is jamming up

an issue on the eve of an election that he thinks is going to help it. that's what the justice department has been doing for months now. for example the law in texas challenging the voter id law in texas it knows it's not going to win but it is bringing it to court as it highlights voter suppression i think it's a phony but it's a way to begin up support in minorities that says are being denied the ability to vote. it is going to lose the case. in indiana a similar case of voter id case was upheld 6 to 3 the supreme court. it is not a case that is just for show and it's going to have an effect to an election. before you leave the house today if you are heading to the airport or heading to work, we

are going to show you the first degree weather lar-- lart. >> we are dealing with severe weather across texas. heavy storms continue across texas and louisiana as cooler than normal temperatures which most of you are enjoying in texas. pop-up of showers and thunderstorms across the central plains and parts of the great lakes. the real crucial weather i want to pay attention to is across south central texas where we had 14 reports of tornadoes yesterday and overnight. it continues to press eastward with a threat of severe weather. within this that is a tornado warning. that tornado warning is good until the top of the hour and this cell is moving northeast at 30 miles per hour. some of these storm systems are

producing damage. we have reports out of corpus christi of damage. we are going to continue to monitor that region. we are going to see potential for heavy rain potential for 2-4 inches that will cause flash flooding over the next several days as this system moves eastward. something to look out for. a quick look at the highs today 74 across dallas, 82 memphis. 69 new york city and 63 in los angeles. safe travels back to you ladies. >> it's mother's day weekend. >> are you going home? >> no. i am working. >> happy mother's day to you. >> thank you. i will be napping. >> we are about to show you who was eliminated on american idol. >> the person who takes the last spot in the top three and heads home for a hero's welcome is -- phillip phillips. which means we say good-bye to

hollie cavanaugh. >> an emotional good-bye to holly. we are gown down to the top 3. jessica sanchez, phillip phillips and josh ledit. >> the network trying to get him to sign on for not one but two more seasons of celebrity apprentice. the season finale is the 20th. chris humphreys better watch out because kim kardashian offered a deal to host a tv special called 50 ways to leave your lover. it documents the most sinister way women have revenge on their exs. luckily for chris we are told he has no interest in this gig. >> it is 40 after the top of the hour. the weather forecast sunny with a chance of royalty. that is prince charles reporting the weather. he wasn't the only royal to do

it. >> our question of the day, should people who text and walk be slapped with a fine? e-mail and tweet us. test

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.

>> it is 44 after the hour as we span the globe and see the stories overseas. hundreds of rowdy soccer fans take to the streets following the game of a rival team. many rioters throwing stones and bottles. >> the country holding the first ever televised presidential debate. two of the leading candidates clashing with one another on political histories and role of religion on public life. what could be egypt's first

election could be meld may 23rd. >> the spider-man climber climbs in paris. he scoured the first tower usually he does this illegally this time he did have permission to climb the 758 foot building. we are going to let him do that. >> not me. >> earlier in the show we asked you to brew on this. they are ticketing people who text while walking. they are some of the biggest jay walkers. we wanted to know if you think the texting and walking fans are necessary or just a nuisance? according to the facebook poll 50 percent of you said the tickets are over the line in every situation. here is another response. joe e-mailed us. although this law may help save a few lives it is another example of the nanny state. we do not need baby sirts for everything we do. >> allen tweeted us, unless they are impeding automobile traffic, leaf people aileen.

-- alone. >> it is another way to get your money. they have to come up with something. >> keep the e-mails coming. it is 5 minutes after the hour. taking back what was his. how this guy used craig's list to get his bike back. >> is the government playing the role of big brother to solve crimes? we will find out. first let's check in with steve doocy to see what's coming up on "fox & friends". >> happy friday to you. we will be talking live with dick morris about politics. the president had a gigantic fundraiser. also dick morris and geraldo as well. plus live barnyard animals in front of our building. how you can adopt a llama for your mama. take a look at the cover of the print post today, the face of care. why this 18 month old kid was yanked off a jetblue flight. we have lots to talk about and 3

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>> quick headlines for you. a texas man says his brand new car was parked in the garage when it suddenly went up in flames. the fire then spread to the house. nobody was hurt. the cause is unknown but officials say they are 100 percent certain the car was the source. a thief's stolen bike like the one you see here is listed on sale on craig's list then he takes matter noose his own hand. they arranged a meeting with a guy who was selling him for a

test drive. he hopped on his bike and took off. >> justin bieber has one of those sisters. >> 100 grand. >> so does the next guest. >> it is now 50 after the top of the hour. the sup veem court ruling that is unconstitutional for law enforcement to place a gps tracking device without a warrant. now being called into question is whether a warrant should be required to use location tracking information on cell phones. joining us now is fox news legal analyst arthur idadalis. >> this is one of the things we fought for in the war is to have freedom. i want freedom from the government. freedom from the government means i don't want the government what i am doing and who i am doing it with.

technology has drastically changed. >> no cell phones during the war. >> no metro cards. these are big law enforcement tools to fighting crime. when they are necessary we are very happy to have them there. we need to have some control over when the government can be looking into where heather is and what time she is at the diner and what time she goes to the beauty salon, et cetera, et cetera. what we are really asking for is that a judge who is not supposed to be on the side of law enforcement or the side of the citizens she is supposed to be neutral to determine when is heather in the diner and when it heather in the beauty parlor as my mom used to say back in the day. >> it will show them down. >> it will slow them down to a certain degree. there are provisions in the law that provide for that. there are things called ex gent circumstances.

if they have probable cause to belief you kidnapped a missing child they wouldn't have to get a warrant. there is the emergency doctrine. they need to do these right now. there's a big difference between that and we think heather may be involved in a drug ring that every saturday night goes to a nightclub to sell drugs. under those circumstances go to the judge. >> that is going on. are different law foreignsment agencies doing that? >> yes. they are tracking you without telling a judge first. i am going to make a joke but it is not a joke. someone like myself who is bald. i get miss identified all of the time for other bald guys. why should nine be tracked? another bald dude has been identified as a guy who is dealing drugs or stealing cars or burning up if is cars or whatever they do. someone should go before a judge and show them some evidence why they should follow arthur aidala

not another bald guy selling drugs at a nightclub. there are specific reasons why. it's an issue we need to fight for. i was in the courtroom heard the argument they said they cannot take a denies put it on your car and use it to follow you. >> thank you very much or bald guy arthur aidala. >> the one and only. the dome. >> appreciate it. thank you very much. 5:54 the wlt forecast sunny with a chance of royalty. prince charles reporting the weather. he wasn't the only royal to do it. it is your word of the day. all scrambled up. can you figure out what it is? stick around for an answer after the break. what do you think, arthur? ♪ why do you whisper, green grass? ♪ [ all ] shh! ♪ why tell the trees what ain't so? ♪ [ male announcer ] dow solutions use vibration reduction technology

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angie, the waitress at jack's favorite diner, is also enjoying his retirement. with just a little information, she's opened up a credit line, draining the equity in jack's home. unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. see, ordinary credit monitoring services tell you after your identity has been stolen. they may take up to 60 days to alert you-- too late for jack. lifelock has the most comprehensive identity theft protection available. if mary had lifelock's bank account alerts, she may have been notified in time to help stop it. if jack had lifelock's 24/7 proactive protection, he could have been alerted by phone or e-mail as soon as they noticed an attack on their network, before it was too late. lifelock has the most comprehensive identity theft protection available, guarding your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one works

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we know the mole was recruited by intelligence officials in england before moving to yemen and infiltrating al-qaida. there's word he would have kept spying on al-qaida had the media not blown his cover and a $200 million lawsuit filed in new york on behalf of four musicians and dancers who were on board the costa concordia cruise ship. the suit claiming emotional and physical injuries keeping them from working. time for the good, the bad and the ugly. the good. it gives a new meaning to air pressure. h-e-i-r. prince charles doing the weather. >> potential for a few flurries as the afternoon goes on. >> people in scotland getting quite the shock when prince charles pops up to do the afternoon weather for the bbc's 60th anniversary and next, the

bad. u.s. postal services loses $3.2 billion in the first three months of the year and it now says it might not have the money to make a payment for future retirees' health benefits. and finally, the ugly. folks down in texas getting an eyeful after one man decides to bear it all. riding that unicycle. yep. he tossed his clothes off the side of that bridge and began riding around, even falling into traffic at times. he's now charged with indecent exposure. >> wow, that's my response to that, wow. >> that looked like kilmeade. i don't know. >> he didn't have his pants on the other day. >> scramble. now time to get all scrambled up. hi, gretchen. >> could have been brian because he's not here today. >> probably was. >> how do i compete with prince charles doing the weather and then naked dude? i guess i'm -- hyundai. >> it has to do wit