♪ >> good morning. thanks for joining us. himenter childers. >> i am heather nauert. thank you for watching "fox & friends first". >> top five stories making news for you at this hour. we begin with a fox news alert. a u.s. led native coalition has killed al qaeda's second highest ranking leader in afghanistan. he was hiding out in eastern kunar providence when the air strike hit killing him and another al qaeda militant. they are known for supplying weapons and transporting

insurgents to afghanistan from surrounding countries. a powerful earthquake striking overnight killing 8 people. the 5.2 magnitude quake hit in the same area that hit just last week. damage will several buildings there. no word on the extent of damage. we will keep you posted. >> the latest developments in the etan patz case. they dismissed a person yearis ago when he told them about hernandez's part in the murder. he confess to do a prayer group about killing patz. he is charged with second degree murder. we will have a live report later in the show. >> the obama administration is leading to plans to arm.

the sale would make italy the only foreign country other than the u.s. armed with missiles and also laser guided bombs. they plan on using the drones in afghanistan. once the sale is officially announced congress will have 15 days if they want to block it. several lawmakers say such a move is unlikely. >> he may look like your average 6-year-old but this little girl is much more than that. lori ann madison is the youngest person to ever qualify for the scripts national spelling bee it starts today. she started reading at age 2. her mother says she tried to enroll her in a private school for the gifted but the head mistress shafdz too smart and would need to be home schooled. it is shaping up to be a very big day for mitt romney. he is likely to pledge the gop nomination with a big victory in

texas. joining us live with more on that is kelly wright. >> good morning to you. former massachusetts governor mitt romney on board his charter plane monday. he responded he was looking forward to a good day telling the reporters he was excited about winning the nomination tomorrow. he wanted to say i have been thinking about memorial day all day going to be a big day tomorrow forum an he is looking forward to texas. his focus was on memorial day. monday both men sharing their views on america's military as the sacrifices men and women make to their nation. he discussed the world's instability. >> one is to follow the pathway to europe to shrink the military smaller and smaller to pay for our social needs. commit america and strongest

with no comparable power anywhere in the world. oo (applause) >> we choose that course. >> in our democracy we can debate and disagree even in a time of war but never let us use patriotism as a political sword. patriots can be for a war or oppose a war whatever our view let us always stand united in support of our troops when we place in harm's way. both men in support of the united states military but both men competing for the military vote. the republican presidential primary may seem like a distant memory to come. mitt romney has amassed 144 delegates to get the nomination. he should cross the threshold after republicans will cast their ballot in the texas

primary. according to the tally made by the associated press he has 1,084 delegates now. he needs less than half of that 155 delegates available in texas to put him over the top. the faceoff between mr. romney and president barack obama has been underway for nearly two months now. the republican delicate win is a mere formality in this stage of the race. >> formality but it is all about the numbers. >> thank you. appreciate it. >> he will have to be the presumptive nominee. let's stick with this theme a look at who is talking. we are talking politics. mitt romney speaking at memorial services yesterday. the presidential candidates buried the states messages. >> he used this time to mark the end of the iraq war. >> this memorial day we mark another milestone to the first

time in nine years americans are not fighting in iraq. (applause) >> we are winding down the war in afghanistan and our troops will continue to come home. (applause) after a decade under the dark cloud of war, we see the light of the new day on the horizon. especially for those who lost a loved one this chapter will remain open. today with the war in iraq is finally over it is fitting to pay tribute to the sacrifice that spanned that conflict. >> mitt romney offering his own

message that being quote the world is not safe. i wish i could tell you that the world is a safe place today. it is not. iran is rushing to become a nuclear nation as a national sponsor of terror on the world pakistan is home to some 100 nuclear weapons. china is on the road to be a military super power. russia is rebuilding their military and is now led by a man who believes the soviet union was a great as opposed to an evil empire. chavez is into power to out land america. mexico is under siege from cartel to the milled east. the world is not safe. >> certainly a lot going on. >> joined by john mccain at that ef vevenlt he will head to

colorado whebefore he heads to vegas where he will campaign with donald trump. >> beryl has been downgraded to a depression. made its way for a windy and wet area. people losing power and soaking rains causing considerable damage. lifeguards had to turn beach goers away yesterday. the remains of the storm are expected to head out northeast across southern georgia and north carolina. maria, are we out of the woods yet? >> no, we are not. we are looking at more flooding rain across florida, georgia and north carolina. the storm system will pull in the tropical moisture from the atlantic ocean west ward into portions of georgia into south carolina. as we head into the next 24-48-hours we will continue to see a lot of heavy rain here.

don't expect beryl to bring much more. right now sustained winds, maximum sustained winds at 30 miles per hour moving northward slowly at 2 miles an hour. that's why we are seeing so much rainfall here because it is such a slow mover. wednesday stronger with 35 miles per hour. then it could become a tropical storm once again. win moving 45 miles an hour off t-- winds 45 miles per hour. we are in a drought out here we need the moisture. when you get too much water too fast then you have the flooding concern. there are a number of flooding advisories from florida to eastern north carolina. >> now to some things you can bank on this morning, jp more than cmorgan will be spending hs

days. happy for diamonds? -- jamie dimon possibly being called to testify more in washington before the senate finance chommittee but senate bank. we are getting word he will be called to appear before the house financial services committee because of the trading laws in london. they are still investigating. roughly 3 billion loss now. >> a big bankruptcy filing for a large law firm. >> if you cawant your kids to become lawyers they can even fail in business. late last night filed for chapter 11 bankruptcy protection but they don't expect to merge. this will be a winding down of a law firm. 20 senior partners already bolted because compensation is dropping too much debt.

401 k and pensions is protected but the firm will be going out of business. >> wal-mart going smaller? >> doing business in some locations and smaller stores. wal-mart has done great with big box retail. something like 100,000 square feet under one roof. they have 10 with you is profitable. they are going to do smaller wal-mart express stores. a lot less over head and smaller inventories. you can go to super center, normal wal-mart or express stores. thank you for joining us adam shapiro. it's 11 past the top of the hour. texas police in an all night stanned off with a man inside a crane of the campus. we have breaking news and the dramatic ending. >> a student missing class because she was trying to support her family. did the judge go too far?

we will look at that. gas national average 3.64 a gallon.

>> now to a developing story overnight. a standoff coming to a dramaticened in texas. answer ainsley has the latest. >> a man was hold up in a cab of a crane for nearly 15 hours. then arounded 3:30 eastern time this morning nearly two hours ago the man reportedly climbed out dangled for a short time and

fell 150 feet to the ground. it is believed he died from that fall. police arounded confirming anything at this time. both smu and dallas police have been trying to coax that guy down since early yesterday. he reportedly told them he was armed an threatened to shoot any one was near them. the crane used to construct a hall. he tried to evade the police after an early morning car jacking. he said he was the one that was car jacked. >> i wondered what he was doing. i knew it was a sharp object. for the most part i let him do his thing. >> as he was taking off he turns right and you see equipment falling out and you shear big bangs. he hit multiple cars. >> the school was placed on lock down after the police was able

to block off the perimeter of the crane. the smu web site this morning all buildings will resume building. 17 minutes after the hour now. other quick headlines to brung you. man hundred the is now underway for two convicted murders who hacked their way out of an arkansas jail. cooper and quincy stewart used a hacksaw blade to cut their way through metal bars outside that he ever jail cell windows. >> corruption trial begins their 7th day of deliberations. the democrats accused of using political donations to hide his affair with rielle hunter. many belief it could end up in a dead look. now it is time to blew on this. a texas honor student forced to spend the night in jail after missing too many classes.

the 17-year-old isn't your average 11th grader abandoned by both of her parents. she works full tum and part-time job to help support herself and two sibling. >> with most of her time she missed a lot of school. texas law faced the student has 10 or more unaccused absences during the 6 month period they may refer the student to a juvenile court. at that time judge more artie seen here gave her a warning. a week later she messed clags again that was when she was arrested and thrown in jail for the night and charged with $100 fine. >> the judge says he does not want to set precedent that missing school is okay. it was way too harsh since it will lead her to a criminal record. arrested for missing school just fine or over the line? >> you can tweet them to us at

fox friends first or e-mail them to us. >> seems her parents or guardian should be the one held responsible. >> she is caring for two siblings. that is part of the story. >> it is 19 after the top of the hour. debris from air canada jet comes falling through the sky after its engine abruptly shuts down. >> what do you do if your kids are using facebook to meet people. >> we will have a live interview with tips for parents. that's coming up.

>> welcome back. the daughter of sadam hussein is looking for an international publisher. she wants to release his handwritten memoirs. she has been living in exile in jordan since 2003. help in the investigation of the scandal rocking the vatican. she was found wi-- he was found with confidential documents on him. he is accused of leaking private writings of pope benedict xvi to the press. is social media having a negative effect on your child? this is something a whole the of parents are talking about. teenagers are having trouble communicating with people face to face in part because of all of the high-tech type. raising respectful children for responsible choices is dr. karen ruskin. is it as simple as getting your kids off twitter and off

facebook? >> that is certainly opponent of it. we have to be diligent and help them balance technology and face time with people. >> talking with teenagers they have trouble communicating trouble putting together sentences or spitting it out. >> that is normal for most teenagers anyway hard to connect with other people they are going through a lot of changes. as parents if we can provide them with opportunities to be able to connect with other kids and with adults that can be helpful. >> give pointers you have. >> how do you know if your kid is too far gone? >> warning signs one is immediate response they are in need of. it's almost as though they have an impulseivity the people reacting to them constantly all of the time. >> they are constantly texting at dinnertime. >> if they are interacting with

other people they want immediate time because they are being affected by their technology. >> parents have to set a good example themselves. don't be at a dinner table don't ignore your kids if you are texting yourself. >> role model healthy technology behavior. put the texting down if you are going out there. >> it is fascinating. what a parent should do is have a scheduled time where it is specifically for homework. have a scheduled time where it is specifically for texting. they have a structured routine. that is hopeful for the kids. the other component not just for structure and limited texting time is scenarios for them to interact with other people. >> at the restaurant make them order something at a restaurant. >> make them order the food. >> make phone calls that kinded of thing. >> if a friend comes over say it

was great having you here. >> thank you so much. good advice. 25 minutes after the hour now. coming up a frightening scene aboard an air canada flight. debris falling from the sky after the engine abc ruptly shuts down. justin bieber facing battery charges for his alleged fight with a paparazzi. he is giving his side of the story. we will hear from him that's coming up next.

>> good morning. welcome back to fox and friends first. >> thank you for joining us. i am heather cheryled -- heather xhild childers. it is 30 minutes to the top of the story. >> i am heather nauert. debris falls from the sky after the engine abruptly shuts down. metal crashed through several car's wind shields. it was bowned for japan and quickly made an emergency landing. no one on the ground or in the plane occurred. >> an american tourist vanished while vacationing with his wife in israel. they were searching for this man her man kahn when he was last seen near ancient ruins.

he may have boarded the wrong bus afterwards. his tour group believes he had been involved in an accident several years ago and he may get confused at times. >> they were abducted 9 years apart but two missing college students may have been abducted by the same man. talking the university of louisiana student nicky shown nick and lauren spierer has been missing since june of 2001. both late at night near campus and both case as white pick up struck was spotted nearby. police are working together but not ruling out the possible the cases are not connected. the fbi is getting closer to having the disappearance of a groom 7 years ago. there's new video footage from the ship showing several people

making self incripple dating statements about george smith. it could lead to an rays. the 26-year-old had been partying into the early morning hours with his new friend after his wife we know the to sleep. he never made it back to the cabin. a memorable day made even more special after an unforgettable surprise. fami airport sergeant saw he wasn't going to make it to the game but they won tickets. take a listen to this. >> welcome to the atlanta braves. (applause) >> listen to those cheers. he planned the surprise for a while. he was in afghanistan for six

months. it was his second deployment oversees in four years. how great to see his family there. those are the top headlines at 5:30. >> a great memorial day for that family. >> all eyes on texas and mitt romney today. he was very close to sealing the deal after today's texas primary and clinching officially clinching the republican presidential nomination. joining us live from washington is doug luzader. good morning, doug. >> good morning, guys. not exactly a nail biter. the primary mitt romney is almost certain to have 1,044 delegates he needs to clinch the nomination. he piled up one win after another to get to this point. 58 delegates shy of the nomination. texas has 152 at stake. he should easily cross that threshold. part of the good news is many republicans have been rallying around him. he appeared at a memorial day

event with 2008 republican nominee senator john mccain. he arounded against europe tee an style efforts to shrink the military. >> if we follow that kind of course there would be no one to stand to froekt us. the military of the world with no comparable power anywhere in the world. we choose that course. >> today after campaigning in colorado romney holds a fundraiser with billionaire and former rival donald trump. the obama folks are already connecting the two reminding voters trump's drive to obtain the president's birth certificate. he was asked about it coming aboard his campaign. >> i don't agree with all of the people that support me and they don't agree with everything i believe in. i need to get 1 percent or more.

i am appreciative to have the help of all of the good people. >> it is fodder for the presidential campaign. they have gone negative right out of the gate. unusual for a sitting president. doug luzader thank you so much. check in with you later this morning. 35 minutes after the hour. let's get your first degree weather update with maria molina. she has more on beryl. where is it now? >> across georgia bringing in heavy rain. we received some reports about 4-6 inches of rain. some an additional 6 inches of rain. talking flooding arounded here. i am going to show you the flood advisories. where is tropical depression beryl going? it will continue to track north slowly at 2 miles per hour. that's why we see so much rainfall because it is moving so slowly. sustained winds at 35 miles per

hour. it could regain tropical storm status. if it remains on shore in north carolina outside of the outer banks. it is really the flooding that is a major concern out here. we can be seeing amounts of over half of the rain out here. otherwise the big story is how hot it will be again across texas, tennessee, memphis expecting a hyatt 95 into the upper 80s in new york city. stop of the top temperatures will be firing up strong to severe storms. we will be keepeniing an eye on that. >> it is certainly hot outside here. thank you maria. it is a whole lot more than another brick and wall in world war ii era bomb forcing david gilmore to evacuate his mansion. they found the 5 foot long device while doing renovations. it was removed but no one was

hurt. >> justin bieber was well prepared for the alleged fight with the paparazzi. >> oh. oh. >> this video released when he was training with boxing champion mike tyson days before he had a run in with a photographer at a mall in california. word is the guy was trying to take a picture of beeber and gomez when they were driving away. that's when he reportedly got out of his car and got ugly. beeber facing battery charges. madonna sending a message to lady gaga loud and clear. ♪ >> the material girl performing express yourself and using lady

gaga's song. at theened of the song she sang she is not me. not surprising after gaga's single was released. gaga must have been influenced her earlier work. >> okay. must have been. >> let's take a look at your surrounding lineup at this hour. chicago trailing the san diego padres. in the 6th inning until serrian no hammered a home run over the bleachers and the park. won the game 11-7 and putting an end to their 12 dwrgame losing streak. >> hall of fame golfer phil nicholson to buy the padres. he told a local paper until now

he rejected the idea of getting involved in owning a team but the padres are an option. his interest in the dayeds wi-- padres will not effect his golfing. >> dario making the big bucks for his win. he says he collected nearly 2 and a half million dollars from an overall first of over $13 million. that is a lot of bucks. should get it in before january before taxes come up. good for him. it is 39 after the top of the hour. coming up this is not what they teach you at journalism school. this reporter telling the story after he staged the entire thing. very day, the world gets more colex. and this is what inspires us to create new technology. ♪ technology that connects us to everhing the world has to offer and vice versa. ♪

technology that makes lightweight stronger, safer, and faster than ever before. ♪ technology that makes electric electrifying and efficiency exhilarating. ♪ technology that doesn't just drive us, but drives progress. ♪ and driving progress is what we do every day. ♪ ♪

>> 43 minutes after the top of the hour. the lathes developments in the etan patz case. they may have dismissed a

relative of the suspect decades ago. wnyw reporter is in soho with more. that's where the little boy dispiered from. why was the family ace story dismissed? heather, good morning to you. good morning everyone. that will be part of the investigation undoubtedly. we don't know that just yet. we are standing outside of the eye glasses shop here in soho. you can see the flowers. this shop was once a bodega where pedro hernandez said he killed et t killed etan patz. norma told the ledger he long suspect suspected her brother killed the child. she didn't know the child's name but she we know the to police in the 1980s but she says it never we know the any further. the chief of police in camden told the paper this is the first he is hearing of this news.

at etan patz walked to the bus stop for the first time line and has never been seen since. still no comments from the family. they are continuing to build their case against hernandez. difficult not only with the passage of time but also given the lack of physical evidence. that is the latest robert mow tess, fox news. >> 44 after the top of the hour as we span the globe and see what stories are making headlines first in egypt. protestors are angry char reef the last prime minister may be in a runoff for the president's election. they say h-- they set his campaign headquarters on fire. to iran where a computer virus struck the nation's oil facilities designed to seal sensitive data.

israel may be hined the cyber attack. finally to remain y-- romania a reporter faking a news report. take a look. he was late get to go a sand storm. his assistant was kicking up the sanned. >> he is getting there. he thought he could get away with that. >> that's embarrassing. >> it is 50 minutes before the hour many americans who are getting unemployment benefits are about to see the checks stop sooner than they expected. diane lieu sahas more. >> the federal government will provide 13-20 weeks of payment for people already out of work for up to 79 weeks. they mandated the reductions this year they have other cuts or inflates.

they renew it had in february but also included a plan to reduce the number of weeks of extra aid. made it more difficult for them to qualify for the maximum aid. it has been reduced. many states will reduce the second phase of benefits which applies to people unemployed for 26-79 weeks. the national law project says by the end of summer they will lose benefit. how that effects the economy democrats argue those out of work will receive the moat help since they have the hardest time finding jobs. they also say unemployment checks are the form of stimulus the money usually spent immediately. republicans argue extended benefits prolong joblessness and haven't kept the unemployment rate down for economists. the cut backs will lower the unemployment rate but will hurt

spending. pros and cons. 46 minutes after the hour. surpriseings claims about those foods. you have seen them in the grocery store they are marked low fat. you think they are healthy. they may not be. the last chance to answer our question of the day a student arrested for missing school. is the punishment justified or over the line? your e-mails up next. first brian kilmeade to see what is coming up on "fox and friends." >> great show as usual. show you the couch. the couch has never been better. it will be great. we will be sitting on it. among the things we will be talking about, we are talking about the fighter that inspired the award winning film "the fighter." the boxer will be here to talk about his brand new book. former first daughter jenna bush will be here. do they ever talk about fox and friends on financialithanksgivi

bush family. singing his hit all coming up at the top of the hour.

>> thanks for joining us again. you may want to think twice before reaching for the nonfat options. although you think you are eating healthy, turns out you aren't. joining us with a look at fooi foods to be weary of author of slim nastics, nicky fantastic. >> we are going to have a fantastic morning. a week off after the barbecues we are going to do healthy choices. >> beginning with peanut butter. >> a lot of people think i love

my peanut butter they do the low fat option. it takes out the healthy things like the good fats that are in it you substitute with things like salt, sugar preservatives. you want to leago for the natur. ingredients should be peanuts or maybe 1 percent or less of salt. >> organic verses the low fat. >> organic and plain old peanut butter. you are better off saving your fat. don't go for the burger maybe have chicken. >> what about low fat yogurt. >> a lot of times they take low fat yogurt they have the fruit and flavors. they are adding in artificial sugars preservatives and things like that. if you go for plane you can add honey or mixed berries or other things at home like a little vanilla. >> we are hearing a lot about gluten free food. it is very important if you have

sec -- celiac's. if you are just eating it to try it stick with whole grain pasta. >> whole grain cereal and bread. i do this buy the high fiber. >> whole wheat not just wheat. you want to check the labels again. if they say they are adding caramel or something to it for coloring whole wheat should be brown naturally. if they are adding natural colors in it not a good choice. >> see if they are adding color. >> if it says whole wheat and starts out with whole wheat. finally the soy products. soy is good generally unless you have thyroid disease or something when you shouldn't be eating it. sometimes the processed soy causes hormone problems. this is soy in its natural

version. >> thank you for joining us this morning. you can follow nicky on twitter and she is a friend at fox friends first also on twitter. earlier in the show we asked you to brew on this an honor student working two jobs to support her family only to be jailed for missing too much class. we asked you this. was the punishment by this judge over the line or just fine? kierding to our facebook poll 95 percent of you said yes and here are other responses. >> some say way over the line. charles blake more tweeted us clearly the student needed empathy and a helping hand from the judge. not a good precedent. keep the comments coming. it is 6 minutes before the hour. you may want to think twice about the tuna in your sushi. radioactive fish has made its way across the pacific.

tell you about that in just a minute. now time for the word of the day all scrambled up. can you figure out what this one is? that's coming up next. let me tell you about a very important phone call i made.

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get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. >> 58 after the top of the hour as we take a look at the good, the bad and the ugly. up first, the good. no need to have a cow at dairy farms like this. turns out farmers have been known to pamper their cows to keep them happy. reportedly giving them water beds to rest on and even, yes, massages. all because they know happy cows give more milk. up next, the bad. yeah, talk about a bad idea. this guy arrested in panama city, florida on suspicion of shoplifting. actually tried stealing a clock from the police station when he was taken in for questioning. now he faces charges for both incidents and the ugly. researchers finding that blue fin tuna could be carrying radioactive contamination leaked from japan's crippled nuclear

fukushima plant. a first time the fish has been shown to carry radioactivity from thousands of miles away. steve doocy is here to help us out to get scrambled up. you're particularly good at this one. what is it today? >> good morning, ladies. good morning, heathers. let's see. >> matador. we didn't talk about that. >> i need one more letter. there you go. sandstorm. >> there we go. >> steve doocy, thank you so much. have a great day, everybody. we'll see you back here tomorrow morning at 5:00. "fox & friends" starts right now. >> good morning, everybody. it's tuesday, may 29th. i'm juliet huddy in for gretchen carlson. another devastating earthquake has struck northern italy this morning. at least eight p