>> good morning everyone. thank you for getting up with us today. i am ainsley earhardt. >> i am heather nauert. >> it is july 3rdrd. tomorrow is the big holiday. thank you for watching fox and friends first. >> time for the top five stories at 5:00 a.m. the u.s. military grounding all of the c 31 planes. leaving a br leaving a crew member dead. all 7 of the planes will be inspected some will be back on-line within the next couple days. this is a a>> attorney general

eric holder firing back from republicans since the house voted. they are making him a quote proxy to attack president obama in an election year. hoerld fwundz in contempt for failure to turn over documents in the botched fast and furious operation. they claimed $3 billion. this is the largest healthcare settlement in all u.s. history. this after the company admitted getting doctors to prescribe drugs by bribing them with expensive resort and tickets to see madonna. they marketed to patients under the age of 18 despite never being approved for children. wellbutrin marketed as a weight

loss. abandia could cause heart problems. he announced he will visit israel later this month and meet with the prime minister thering benjamin netanyahu. romney visited israel three times before. obama has not been there since becoming president a sore spot against israel. stroirzs at the world's largest atom smasher confirmed the footprint of the particles. that can help them understand how all matter is formed. that's 5 at 5:00. ainsley? >> nearly 2 million people from il north carolina up to new jersey entering their 4th day without power. this is the number of people killed in this weekend's violent storms continues to rise. kelly wright is live in washington with the details.

>> something i want to put out quickly. dc mayor vincent mayor has written a letter to president obama asking the president to declare a disaster area tofor damage relief in the dc area. they have 26 related storm deaths throughout the region. there are estimates more than 2 million people are still without power in the aftermath of the weekend storms. power companies have crews working around the clock right now to restore electricity. the soaring hot temperatures have not helped people at all. people are doing their best to deal without electricity with air-conditioning and lights at night. they are asking one fundamental question why they are taking so long to get the power restored.

>> (inaudible) i wasn't sure whether to laugh or cry with the response. we are escaping today. >> friday and saturday took the kids to the pool so we stayed cool like that. >> the man who stayed cool like that just got his power restored yesterday so he's better. utility companies are warning many people as you heard that many areas through out the nation's capital and other areas could remain in the dark for the rest of the week. that is troubling news for those who care for the elderly and the sick. martino maley is urging the

company better known as pepco to do better. they are restoring as many people as quickly as they can. >> one thing that might help you restore power sooner than later is help. they are getting that extra support from extra crews traveling from as far away as quebec canada and oklahoma. 15 states as a matter of fact. they will be able to help deal with the massive damage from toppled trees and tangled power lines which could be tedious removing the power lines. wanting to do their level best to get people back to normal as quickly as possible. >> that is very kind of them. at this point it is a matter of life and death. let's hope we can get relief from the heat with millions without power across the

country. marie y maria molina is here to tell us if we get relief. >> i don't have much good news for most of the country. we are expecting theegz hot temperatures to continue in place across areas like the plains the southern plains the southeast and even parts of the mid atlantic through at least friday. we are going to continue to see these hot temperatures into the 90s and even triple digits for some. stay safe out there stay hydrated. if you don't have any power like kelly mentioned for some communities try to head out to a cooling center. 77 right now in the city of memphis. kansas city is heading out the door at 83 degrees. we are going to continue to warm up out there. triple digits for kansas city.

97 in minneapolis. new york city expected 90 degrees. two cool spots bb new england and highs in the 70s across the northwest. seattle 63 degrees. a number of heat advisories and excessive heat across parts of the midwest. once you factor in the humidity 110 heat index will be possible across this region. we have heavy thundershowers along the green bay area. >> maria the only place that will be cool is seattle and maine. we will talk with you later this morning. let's take a look at who is talking today. bill o'reilly and charles krauthammer are talking about healthcare. >> they are talking about why roberts ruled the way he did.

>> i think he did it because he doesn't want the court to be put in these positions any longer. he wants the electorate to step up and vote for the kind of country they want. he said you don't like my ruling vote peas peopthese people out. if you don't like it change it. don't rely on the super ream court my court to start legislating from the bench. i think that's what this is all about. >> if he beliefs that he should retire and abolish the court. if all you are saying is the court shouldn't be an instrument to over turn the law and let people decide on all casen on their own he's out of a job and the court is out of a job. it makes no sense. i think we are left with the least plausible situations is that he thought he would maintain the perception of the neutrality in the court and he ended up doing exactly the

opposite. >> listen to this. >> it's a transfer of wealth from the young and health from the old to people in between. in other words, young people, children are already covered under the teenaged ip childhood health insurance program. their health is not affected by the obama care act. >> i mean young healthy adults. the 26-year-olds. >> you don't have to pay through the nose. but the old people are going to have to pay with their healthcare because they will not be able to get a knee replacement for xafrn. quay. if you want hip replacement you are 90 years old you only have a

few quality years left. that's 80,000 a year our guidelines won't approve anything more than 20,000. an illegal immigrant who is 30 years old who has 40 quality years left we can do get that. i am sorry being in a wheelchair means you are going to die two years sooner, too bad. new jersey governor chris christie will be live on our show at 7:00 a.m. with more reaction to that healthcare ruling. now to stories you can bank on this morning. the number of american workers now with federal disability exceeding the entire population of our city of new york city. lauren sim net fee join -- simonetti wijoins us with those numbers. >> a record 8.7 million u.s. workers like you said on federal disability according to the

social security administration. that does not include their spouses and their kids. if you add them into the mix nearly 11 million americans are receiving federal disability payments. here's another way to look at the data ainsley. one worker takes disability for every 16 people working. >> now twitter has to handle tweets. >> a twitter user who fired off tweets during the occupy march he must give the court three months worth of his tweets. the court wants to know he was aware of the tweet orders he is charged with disregarding. the ruling brings to life the question we all face every single day. when you post something on internet do you have the right to privacy. he tweets his own legally or are they twitter's responsibility? >> what are the top five highest paying jobs in the u.s.? >> always told you to be a doctor or a lawyer. here are the top five paid jobs

according to the government. doctors make between 168,000 and 135 thousand. dentists and orthodontists make a killing, too. ceo's took home the third spot $176,000 oil engineers and lawyers rounding out the top 5. >> journalists not on the top five list. >> no, we are not. it is 12 minutes after the top of the hour. the muslim brotherhood known for their radical views there are new concerns about what their reign will bring. a look behind the brotherhood is coming up, coming up shortly after the break. is it really worth it to go green when it costs $26 for one gallon of fuel? that's what the navy is saying to fuel american war ships. >> gas looking better and better for the navy. national average 3.33. much cheaper than bio fuel.

>> good morning. it is quarter past the hour. not so fast charlie. congressman charlie rangel may now push for a new election. this after questions about the vote count and rangel's shrinking lead. he was dr withdrawing a petition to keep his legal options open. take a look at this in the first half hour. we told you about the great white sharks, now the sitightin are spoiling swimming. they are now banning swimming within 300 feet of seals along that coast. the sharks are drawn to that

area because of all of the seals there. good eating apparently. there is rising concern about egypt and the country's president who might have ties to the muslim brotherhood. we have a look at the very issue. >> the muslim brotherhood seems to come out of nowhere. it is the parties who will take sere why you after assad had ties in the past with hezbollah and hamas. now with the leader ship in egypt it is the second largest recipient of u.s. foreign aid and leaves them with a dilemma. >> we take sides with egypt that may be cutting off our nose to spite our face. as egypt goes the region goes. it is the most historically significant country. the other countries will look to egypt to see which direction they go. on the other hand we don't want

to be led down the garden path. >> we are now supporting a political group that supports a referendum and legal sis them on su shirea law. they will out weigh the muslim brother implemented tendency ifs for no other reason pore the tourist craze. the economy is in trouble now. they worry not that the muslim brotherhood will succeed but that it will fail. >> if muslim governments are not able to create those things i worry the al qaeda narrative that is that politics can't fix this. the routine way we cogovern our societies can't fix this. i feel that may once again take hold as people get discouraged and despair. >> one man one vote justus one

time. it is now 19 minutes past the hour. forget about the black friday sales. we will tell you why the 4th of july could actually be the best shopping day of the year. get ready, ainsley. >> this wasn't an accident. this ship is being sent to the bottom of the ocean on purpose. we will explain.

>> welcome back. national bar members and reservists will get two-days of pay when they work one day on the weekend. they only get one day's pay when they are on active duty p and deployed to afghanistan. the pentagon says it's necessary incentive to military members who are giving their weekend. dr. phil donating 600 thousand bucks to the charity set up for

an th casey anthony's parents. according to the magazine some of that money went to her. this marks one year since casey was acquitted on charges of murdering her 2-year-old daughter. >> tore get about the black friday sales. independence day may be the best holiday to get a good deal. let's talk with vera givens with ways we can save. >> this is the time of year when they are looking to clear the inventory make way for the 2013 so you are seeing all sorts of incentives cash incentives rebates. they are throwing in things like service plans to seal the deal. a lot of people are hanging on to the cars for the economy. good time to replace it and get a new one. >> any particular good auto manufacturers doing it? >> they all do it they all follow suit when one does. cash back sometimes you can

combine them with 0 percent financing you are golden. >> talk about home improvement discounts o off my honey do list. >> there are all sorts of deals here. you have home depot for example. you have lowes offering all sorts of discounts on paint, landscaping supplies do it yourself supplies for those who are incline to do do so. also things like appliances. there's a lot of bundling going on. not only for these guys but also for here for example. you are seeing patio sets and grills on sales as well. those tend to be more heavily discounted. target has a charcoal grill for 169. >> beck negotiate a better discount for a microwave oven for example? >> yes. >> clothing they are trying to get rid of the summer clothing but there are great coupons on-line. >> you have gap for example they have their red bright and blue sale going on right now up to 40

percent lord and tailor 50 percent off nordstrom 75 percent off. some of them don't necessarily last through out the week some start earlier in the week because the 4th of july is on wednesday. you want the promotional codes as well. >> these are for summer clothing. >> the early start to the summer clearance. it will be significantly more down. on-line coupons you can search to help you save. >> promotional codes.com. just to give you an example. you have 30 percent off if you use the code at bloomingdales. 15 percent off. it goes on and on. >> search around on the web. >> weave and chicken is up but pork is down. >> it is expensive but a lot of people to going to cookouts.

160 million people. >> not as many this year because of the holiday. >> yes, i know. >> vera gibbons. thank you for coming on. it is 25 minutes after the hour. coming up this is another example of a green bus. the navy is paying $26 a gallon for just one gallon of fuel. okay. we have to get somebody to explain that one for us. charlie sheen's former assistant is found dead. investigators say drugs were found at the scene. we will have details coming up. in 1985 the movie "back to the future" was released. >> this is the moment i have been waiting for all my life. >> it was a dell lowerian.

>> it is time for your shot of the morning. we are heading to the windy city where billy is posting pictures for us. this is his view every single morning. thank you so much billy. keep the pictures coming to all of you watching. send them to us at fox friendsfirst@foxnews.com. welcome back to fox and friends first. i am ainsley earhardt. >> i am heather nauert. thank you for getting up with us this morning. let's go to the top 5@5:00 now. >> the top five stories this unbelievable video says it all.

this is unreleased video of the kwie wildfires through the perspective of firefighters. the fire has killed two people destroying 300 houses and forced thousands out of their homes. at this hour it's about 70 percent contained. well it costs 7 times more than typical fuel but the navy now steaming ahead with a plan to power shift with bio fuel. this stuff costs $26 per gallon. that of course compared to 3.60 for regular fuel that many of us pay. the navy wants half of the fleet running on alternative fuel by 2020. republicans criticizing that plan saying the president's initiatives are not ready for the marketplace. they point to solyndra going bankrupt as a prime example. >> occupiers getting aggressive with the city of brotherly love.

(chanting) >> police in philly arresting 2 dozen of them during a march to city hall. one of the occupiers accused of assaulting a park ranger. more than 1500 people are expected to protest there tomorrow on the 4th of july. parents listen to this. when i want to grow up i wouldn't to be a -- if you ask that question to 5-year-olds you get all kinds of answers from a fairy tale princess to a super hero. that's not stopping them to identify kindergartner's career interests. this test also tracks academic performance and student's progress toward goals as they make their way to high school. but they are kindergartners. this test apparently available to schools in the year 2013. >> a coast guard cutter sunk on purpose.

>> it took three minutes to sink the uss mohawk off the coast of florida. it will become an artificial reef for scuba divers. here is another look at the ship from a distance during world war ii. it was the last one to radio back to see the weather was clearing for the d-day invasion. it is the first offshore veteran's memorial. those are your 5@5:30. might be neat to dive around. holiday week becoming a nightmare for those without power. all of the way from illinois to carolina. >> doug luzader is joining us live in washington. you were following us yesterday. how were they doing getting the power back on-line? >> they are making headway. they have had power all along. the high temperatures continue once again into the 90s. the good news is power companies are making serious headway getting the power restored even

though it will take some time before everyone has their service back. while the cleanup continues the death toll rises at 26. hundreds of thousands are still without power. the fear is if we go through this week with high temperatures, the lack of air-conditioning will really start taking a toll. already the heat has become unbearable for the elderly and for families seeking refuge just about anywhere. >> at this point we are sleeping in the basement it's a little cool down there. that keeps us going in the evenings. >> i have been with the company 35 years i have never seen a nonhurricane storm like this. it's bad. meantime there are questions of why this one storm caused all of that damage and why it is taking so long to fix it. there are more calls to have power companies bury their lines to prevent this kind of thing from happening in the first

place. washington, d.c.'s mayor for one is set up. >> oo the response is disappointing how many times we have been through this before. frankly and i think most would agree friday is not good enough to be able to restore power to our people out here in the city. >> the power companies counter saying they are working as fast as they can pulling work crews all of the way from canada. working 16 hour shifts trying to get everyone back on-line. >> doug luzader in washington thank you very much. will these heart hit areas get relief? good to see you this morning. we are not expecting much of a relief through out much of the workweek. we expect the high temperatures in the 90s and triple digits. we have tied or broken some all

time records since friday across parts of south carolina and southeast and even parts of the midwest looking at some of the extremely hot temperatures. georgia for example we saw high temperature at 106 degrees. columbia, south carolina at 109. it feels even hotter. it is dangerous out there. if you stay outdoors for a longer period of time or for the people who do not have any air-conditioning. today will be another scorcher across parts of the midwest. 100 in kansas city. 101 in rapid city. minneapolis even a high of 97. new york city high of 90 degrees. big day tomorrow. a lot of people will be outdoors. still looking at more heat out there. 100 in minneapolis 103 in ckanss ci city. chicago 99 tomorrow. we have a number of heat advisories and excessive heat warnings in place across parts of minnesota, iowa even down into portions of indiana and

ohio. as we head into the afternoon and evening hours once we start to see the temperatures warming up we have humidity in place we see showers and storms firing up most will be to the north of the high pressure system across most of the northern plains and across the great lakes. some of the storms will be bringing in possibility of severe weather in the form of large hail and damaging wind gists. stay ahulert you could be looki at the higher numbers through out the day. still dry out here across parts of wyoming monday dana. we have a number of warnings. elevated fire danger today. stlaivengs. anoth -- thanks very much. bobby jindal is talking telling greta van susteren his state will not implement the healthcare changes saying it's too costly. >> the governor saying there is broken promises including the

price america has to pay for healthcare. >> we have seen promise after broken promise. not just the cost of running the exchange is not my only concern what it does to premiums and taxpayers. think about all of the promises that have been broken. the president says premiums would go down they went up 9 percent. he said he would leave medicare alone protect medicare. the cuts are not sustainable not realistic. he said people wouldn't lose their plan or doctors. some estimates 20 million americans could lose their employer provided healthcare coverage. he has made promise after promise not being kept in obama care. i think the real cost will be higher healthcare costs lower quality of healthcare more government intrusion in micro managing healthcare. that's a big mistake. that's why we need to repeal obama care and end this culture of dependence. the governor will be on fox

and friends at 8:15 eastern time. >> not the only governor looking to not implement the healthcare law. >> charlie sheen's former assistant found dead in his apartment. this guy right here rick calamero was sur p rounded by drugs and alcohol and may have been there for days. he was one of sheen's clothes--t friends. >> katie perry, we are hearing holmes claimed in court papers her marriage fizzle fizzled six months ago. tom cruise blind sided by the thing. holmes is no longer wearing her wedding ring. >> allen clayton finally finds what he is looking for and that is justice. a court in ireland finding his former assistant carol hawkins guilty of swindling him out of $3.6 million simply by writing

checks to herself. >> now for your starting lineup around the stories making headlines at this hour. there are tourists fail to go reach the olympics for the 6th time. finishing 4th in the free style missing out on the olympics by just 900ths of a second. a runoff to decide third place runoff called off. geneva backing out hours before. her heart wasn't in it and she believes she had won that race initially. allison felix now gets the spot. lamar owed dam back in l.a. the clirps in a trade with dallas. he averaged career loads. 20 minutes before the hour and coming up, the white house actually bullying groups in order to implement it's green

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>> good morning. it's about 15 minutes before the hour. in iran a revolutionary guard fired several service to air missiles. they claim the missiles are able to hit u.s. war ships in the persian gulf. it coincides with an oil embargo over the nuclear program.

two boys try to take off with the olympic torch. they slip through security try to snatch it out of runner's hands but police quickly boot these guys back into the crowd. >> finally in france ahead of the birthday the french are celebrating lady liberty as well. >> smaller version of the statue created 3 years ago after the new york city version. it was unveiled at the museum. the primary opponent charlie rangel may call for a recount toda -- revote today. hey, robert. >> ainsley, good morning to you and good morning to everyone. the campaign withdrew one of its challenges yesterday. but as you said it sets the stage for a new challenge to come this week which could potentially lead to a new election in the congressional

district. the long time incumbent charles rangel declared victory but now those results are in question. the most recent tally the lead is 802 votes. with 2 thousand ballots waited to be counted. to show you how contested this has become rangel is asking supporters for money for what is now is court fight. his opponent claims hundreds of voters were turned away from the polls for no apparent reason. wasn't the will of each and every voter to be heard. the remaining ballots will start to be counted on thursday. if the final calltally is less one-half of one percent there will be a manual recount in this race. that is the late live from washington. the controversial take wind

project. even fans of green energy are not so crazy about it because of the environmentally sensitive t nantucket harbor. they may push it forward without an appropriate review. correspondent molly lion has more. more than a decade after cape wind offered the wind fire construction has begun. they found a smoking gun political pressure from an agenda driven white house. audrey tucker obtained documents through the freedom of information act she believes are proof that the federal aviation fast tracked the project despite safety concerns that the 400 foot turbine would be a danger to commercial auf wiedersehen yags. >> we have at the federal and saturd stated level a strong green agenda. this project is an example a green agenda at any cost and deserves the scrutiny of congressional investigation.

>> cliff sterns who led the investigation surrounding the taxpayer supported solyndra is calling for the probe. cape wind spokesperson says despite the concerns raised bio opponents the project has been heavily vetted. >> cape wind has been through the most comprehensive review of any in the northeast u.s. if we are on any sort of fast track i hate to see the slow track. >> after the u.s. court of appeals overturned the agency's ruling last september that the turbines posed no hazard to aviation. they believe they will rule cape wind regardless of pressure from the public. it is 48 minutes after the top of the hour. still ahead skip the trip to the doctor's office. those constant aches and pains in your back might just be in your head.

>> this not going as planned. we will show you the unexpected ending coming up later in the show. you have to stick around for it, though. with the spark cash card from capital one, sven's home security gets the most rewards of any small business credit card! how does this thinwork? oh, i like it! [ garth ] sven's small business earns 2% casback on every purche, every day! woo-hoo!!! so that ten security gators, right? put them on my spark card! why settle for less? testing hot tar... great businesses deserve the most rewards! [ male announcer ] the ark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet? here's your invoice.

>> quick headlines for you. study shows chronic pain might be all in your head. researchers at northwestern university say scientists say research found chronic pain is a result of the state of your brain and emotions. a deep sea expedition launching from the shores of

honolulu today in an attempt to solve amelia aiearhart's mysterious disappearance. they found a jar containing frequent el cream. they believe that jar may have been hers. she vanished 75 years ago. >> apparently she didn't like her freckles. 53 minutes after the hour. another green energy company backed by the government is now about to go under. it is a u.s. solar company that received $400 million in tax payer funding. the company now shutting its doors. diane macedo has the story. good morning. >> the solar company filed for bankruptcy but not before taking about $70 million of tax payer money. that's how much they said it spent anyway. they secured a loan guarantee

from department of energy in 2010 mrpromising to expand and create jobs. it collapsed soon after that and late 71 the government froze the loan payments. the technology could make lower costs than competing technology from china. that aggressive action from chinese dosolar panel companies makes it difficult for a start up company to scale in market condition. it is the third to seek bankruptcy protection after receiving a tax payer funded loan under the economic stimulus law. solyndra and beacon power massachusetts energy storage firm declared bankly last year. solyndra received $528 million loan beacon power got a $43 million loan. it was unable to reach potential deal with potential buyers the

company listed $100 million in assets verses $500 million in liabilities. >> that is a lot of dough. 5 minutes to the top of the hour. talk about falling in love. brings an unexpected ending and it is all on come raw. >> yikes. >> it is the word of the day all scrambled up. can you figure out what this one is? we will be back in a couple minutes. ask me.

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>> 2 minutes until the top of the hour as we take a look at the good, the bad and the ugly. first, we're going to start with the good. having a burger at your fourth of july barbecue will be good for your health. a new study in the american journal of "clinical nutrition" says eating 4 ounces of lean beef daily can beat cholesterol up to 10%. a pennsylvania school fighting a deficit posting an ad with the

hopes to get a life line. the ad says the new owner would also get naming rights, a season pass to all the football games and, of course, the feeling of saving a school in need. and the ugly. take a look at this. a woman goes the distance to catch the bride's bouquet at a wedding in canada. >> one, two, three! that poor girl ends up flowerless. victor yanks it out of another woman's hands and does the unthinkable. she tosses it away. >> that girl looks like she certainly wanted it right there in the white dress. she wasn't going to let that one get away. it's time to get scrambled up and gretchen carlson is here to help us out. hi there. >> i love that woman going for it, right? >> they must have all been single, i can tell you that. ubiquitous. >> bouquet! >> no, w