>> good morning everyone. i am heather nauert. >> i am heather childers. it is thursday august 2nd. thank you so much for watching "fox & friends first". now time for the top 5 at 5:00. we begin with a major scare at reagan national airport where three planes reportedly came within seconds of crashing mid air. the crisis involves three u.s. airways commuter jets carrying a total of 192 people. air traffic controllers apparently became confused after bad weather caused several flight delays in the area and

planes were rerouted. that's when they reportedly signalled two planes to take off in the flight path of a third plane that was coming in for a landing. the faa is investigating. we will have a live report with more coming up shortly. heather? after two-days of testimony the judge in the drew peterson case could declare a mistrial today. this after the defense argued peterson's former neighbor tainted the jury by testifying peterson left a bullet in his driveway to intimidate him. possibly because he was one of the first people to discover the body of peterson's third wife kathleen sabio. a former police sergeant accused of murdering sabio and then making it look like she drowned in a bathtub. he is also the main suspect in the 2007 disappearance of his fourth wife state see peters -- stacy peert son, though he has never been charged.

they have billion dollars in debt and 25 predators. they will stop paying into the retiring health fund. mammoth lake and stockton filing for bankruptcy. the gsa is at it again holding a lavish bash in nashville while the house committee holds a hearing on the waste of tax payer money by the agency. the hearing is about monpartyinn your dime. >> 115,000 dollars in over time pay. there's something wrong at gsa when you have to pay an employee 115,000 dollars in over time. >> scandal plagued agency paying a stunning $44 million last year in bonuses. the gsa one percent of the work

force. made up 10 percent of all government bonuses. the gsa first gaining infamy for the bash in las vegas that cost taxpayers 100,000 dollars. we will have a live report in the next half hour. >> a rocket launches last night from kazakhstan. >> 3, 2, 1. ture b turbo pumps at flight speed. lift-off>> what a sight. it is sharing the progress 48. that's a cargo ship. the first ever 6 hour flight to the international space station. that spacecraft is schedule to do deliver two tons of supplies up there. that is your 5@5:00. warning signs about shooting suspect james holmes ignored. new questions are being raised with a shocking report that says james holmes' psychiatrist

alerted colleagues he might be a threat. ainsley earhardt is live with more. erie details. the world is wondering did any one see signs from the shooting suspect of the seemingly normal ph.d. student that he was capable of a massacre. six weeks before that attack that left 12 dead and 58 wounded the suspect's sipsychiatrist became so concerned about his behavior that she did notify the university of colorado threat team. allegedly the suspect's doctor and the person who received a notebook from him full of disturbing images detailing the massacre. in addition she was the one who wrote the university. despite the fears he might be dangerous nothing was ever done. three-days after he bought an

assault weapon the 24-year-old notified the university he was dropping out. sources claim he never had a formal meeting never intervened because they thought they didn't have control over him after left the campus since he was dropping out. they will be addressing the public as students return to the campus. four victims of the shooting are still in the hospital one in critical the other in fair condition. holmes facing 122 charges including 24 counts of first degree murder. back to you. thank you very much ainsley. appreciate it. head to capitol hill where an all out tax cuts. they are approving tax hikes for all americans. this happened after a defeated plan calling for tax increases. peter doocy joins us with morement what's next now? >> the first big move they made

is individual taking of 200 thousand a year. couples making 250,000 a year. the thousands voted that down. 257 to 170 with 19 democrats voting with republicans against it. nancy pelosi was not one of them. >> there were tax cuts by this weekend. what that would mean is they could pay their bills. it would mean the uncertainty in their lives could mean a bit. instead the republicans give tax cuts to the wealthyest people in our country. >> by almost an identical margin 256 to 171 the house then voted to approve a tax plan that would renew tax breaks for all people under all income levels. gop congressman timothy johnson

voted against the plan. he was the only detector. the speaker of the house didn't sound like he was too concerned with that or with the president's veto threat. >> we sent a letter to senator reed outlining that. if they were to vote on the looming tax hikes or if the senator was to vote to replace the sec quest tore we would be willing to bring the house back in august to deal with those issues. congresswoman pelosi later said she would rather have the results on taxes than issue on the polls. paul ryan said there is bipartisan opposition to the approach the president is taking and at the time is now supervised and competence for job creators. but his plans -- republican's plans has almost no chance of ever passing the senate or getting kisigned the president. >> thank you so much. certainly keeping them buzz busy

down there. senators john mccain and michelle malkin are talking about the president. senator mccain taking issue with what he says is a bias in the media and says it is leaning toward president obama. >> is there anything mitt romney can do about it? >> well, i think that the media bias towards president obama is just something we have to accept. it's just the air we breathe in the political environment. we have to take that into consideration. i watched mitt romney's trip to europe. he was endorced the great of the cold war. the ship yard was where this whole over throw of the soviet union began. prime minister netanyahu did everything but endorse mitt romney. they have known each other for

years. romney couldn't have been more warmly received. >> at the same time media treats him as you just mentioned. but it is what it is. people like you can bring it to the american people's attention. i don't think it is going to change. i think it will have to be part of what the romney campaign can put up with. >> she is weighing in on mitt romney's strategy thus far. she says it is time for him to take it off. >> we have talked about this in the past months about how he needs to drop the whole obama is a niece guy act. he did. there was an encouraging report just in the last two weeks reporting that some of his top staff have dropped that whole pretense and he needs to get tough. now he needs to get tough not only with team obama and the likes of valerie jarrett and david axle rod but also all of

the lap doggies in the media that are doing their best -- yes, lab doggies who are doing their best to tear this man down and do what the white house has done all four years which is to hoist false narrative after false narrative in the american public. now that it has come to hurt and to damage and really face romney directly i think he finally gets it that the mets have to come off. >> michelle malkin also appearing on "fox & friends" this morning. make sure to tune into that. >> now we have stories you can bank on this morning. bad news for big cities. nearly all major metro areas reporting a rise in unemployment. breaking down the numbers is lauren simonetti on the fox business network. >> this is bad news ahead of the big jobs report.

unemployment rose in nearly 90 percent of large u.s. cities in june. many young people graduated from school with no process. unemployment rose in 332 large metro areas unchanged in 11. >> if you drive a toyota you have to listen up. >> recalling 778 rav-4 suv's from model year 2006 to 2011 and lexus hs 250 h sedan from 2010. they need to fix the suspension problem that can cause crashes. if the rear suspension nuts are not tightened properly they can rust and separate from the car. they have 9 minor injuries and 3 crashes. i couldn't believe this last story. even an olympic victory comes with a price. >> yes. sometimes not a very good one. >> olympic medalists are not

only taxed on the medal they cost 650 to make they collect 232 taxes on that. they are also taxed on their prize money what their country gives them. gold medalist is given 25,000 u.s. olympic committee and owes taxes based on 35 percent tax rate. silver medalists they owe more than 5200 in taxes bronze medalists liable for 3500 that's based on their prizes 15 and 10,000. michael phelps has 19 olympic medals how much does he owe? that earned him 425,000 he has to pay up nearly $149,000. >> he can afford it with all of the endorsements. >> senator marco rubio has a bill that would exempt our athletes. plus they have to pay for all of their training. huge liability for parents.

>> thank you as always. the time is 12 hins after the top of the hour. coming up the chicken sandwich became a political statement yesterday as thousands of people all across the country came out in support of chik-fil-a and the first amendment. we are asking you to brew on that today. three years have passed since the shootings at fort hood. why have no disciplinary actions taken for those who were supposed to keep the base safe? we will take a look at that as well. we will be right back.

>> good morning. it is now quarter past the hour and a fox news alert to bring you. moments ago an explosion rocking an oil refinery in tulsa, oklahoma. it was taken by a witness who saw massive flames in from a distance there. no word of any injuries or what caused the fire. this happens moments ago. we will bring you the latest. >> it has been three years since nadal hassan opened fire killing 13 people and wounding 2 dozen

others. katherine harrage has the latest details. >> ladies, good morning. a top executive from the fbi was publicly chaz tized because no one has been fired over the fort hood massacre. >> my son comes back fortunate and gets killed where he is stationed by a member of his own military who begins his shooting career as a murderer by shouting allah aqaba. >> as i stated at the beginning i am not here to make excuses. >> two investigations found the fbi washington field office choose not to interview the alleged shooter before the massacre because they didn't want to jeopardize his military career. they question whether military correctness was to blame. the first time they admitted the

anwar al-awlaki on the kill list was under a full investigation when he was invited to lunch at the pentagon in february 2002. a story first reported by fox news. >> if he was under a full investigation from approximately 2001 to 2003 why was awlaki approved to speak at the pentagon? >> i can't answer that question. >> both republicans and democrats are demanding a full investigation with an incident in 2002. anwar allal can all can i was t even though he was under investigation. >> the time now is 18 after the top of the hour. we are asking you to bra on this. fair or foul? the chicken sandwich becoming a

topic for chik-fil-a. we want to know where you stand. >> an employee lucky to be alive after surviving this crash. look at that right there. we will tell you exactly what happened 19 minutes after the hour. [ male announcer ] if you had a dollar for every dollar

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>> welcome back. 22 after the top of the hour. rarely has the choice of fast food said more about a person's politics. as the show down over the first amendment rights and chik-fil-a continues many people came out to show their support of the fast food chain. john roberts has the story. >> hundreds averted at dc's rean international airport with seconds to spare. we are outside reagan airport with more. tell us about what we are

hearing? >> we are hearing there were nearly 200 passengers aboard the three planes one was landing two were taking off and they came within seconds of that mid air collision. the information is coming in from the "washington post". it is the latest in a series of mishaps for reagan international airport. it involves three u.s. airways computer nets. there appears to be confusion in the air traffic control tower. an inbound plane cleared to land right in the path of two planes taking off based on the speed of those planes they came within 12 seconds of a mid air collision. the confusion occurred at a time when the airport was switching the directions that planes land here because of shifting winds in the area. apparently that information did not get passed on to everyone in the control tower and the plane was given the go ahead to land in the wrong direction. the faa is now investigating.

they told the "washington post" this is a pretty big screw up. >> we will continue covering this through out the day. heather let's head on over to you. >> we are here to talk about weekly job lost claims data that is out in just a few hours. tomorrow we will get jobs report. the last of the monthly numbers before the political convention. so it is important. right now we want to get you hired if you are looking for a job. sarl casone knee joins us wi-- cheryl casone is here to talk about more. >> verizon wireless is the nation's largest mobile phone operator and it is about that data. everybody is on their smart phones or iphones or samsung gal lax sees. they are expanding. they have 1200 job openings. they have already hired 3,000 people overall. that's their target for the

year. they need people to do sales and engineering and it. they have had several rankings by computer world and by working mother magazine. the benefits are strong here. you get tuition assist stance. you get medical, vision, dental all of that the first day on the job. many companies in particular with the cost of healthcare are waiting to give employees benefits. they will give it to you on day one. >> very good. that's important to a lot of people. if you are good in making a sub sta sandwich talent can be used here. >> you know what they said about mrifrpy? it -- blimp pee it is a target audience. they are give ago certain amount from the military. you can give half off of the franchise to start a blimp pee shop. >> if you are a veteran. >> if you are a veteran. we have 500 job openings.

they need managers and people who can work the counters. there's a big expansion we are seeing in the food services whether on the restaurant side or in the pafast food shops. franchise opportunities can be interesting especially if you have the manager experience.ry,y hiring. >> they have had a lot of problems. this is financial services. this is tcs. they are based in minnesota. it's a 19 billion company bias sets. they have 200 positions right now. they got a new call center in sioux falls, south dakota. many banks are opening. great place to live. i have no idea. they opened up a new facility in may. they have jobs. 15th largest visa card.

they are going to go out and spend more. the financial services industry is beginning to expand on the big bank side. >> if you live in south dakota just a tweet or e-mail how great south dakota is. >> thank you very much, cheryl. you can catch cheryl at noonoon at the fox business network. log on to casone exchange.com. 48 after the top of the hour. shrimp verses turtle? why fisherman are saying their livelihoods are at risk because of government regulation. >> this is the first chance to answer question of the day. why all of this chik-fil-a recipe. fair or foul? >> just a quick personal turtle story.

i have had habits and dogs for some reason my turtle is game. i have two brothers. the chik-fil-a controversy the man who countered it with his own nationwide support for the movement governor huckabee will be here live. the gsa wasting more money it will make you rode rage or throw up in your mouth. the bp station is it true they are down to 3. and we take a look -- talk with two olympians. dara torres will be talking about how to be successful when you are weighing on another guy but want to take them down. all this in 11 mints. i will wait here. how does this thinwork? oh, i like it!

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>> 8 minutes before the hour. now to a fox news alert. we are getting brand new video into our fox newsroom of an explosion we told you about a short time ago that rocked an oil refinery in tulsa, oklahoma. check out the massive flames there. at this hour we are not getting any word of injuries or what caused the fire but we will keep you posted. they messed with the wrong lady. five trying to rob a jewelry store at gun point. that's when the store's 65-year-old owner turns the tables on them. she grabs her gun and fired off two shots. they ran to get into a white suv they are still on the run. the owner and customer not harmed. >> tliefrp fishermen are fighting back against new government regulation that is

meant to protect and endanger turtle species. officials say it is sending them great to the unemployment line. here to explain is diane macedo this morning. this move to protect endangered sea turtles from drowning prompted major complaints from the dwindling fleet of shrimpers who say their own livelihood are at stake here. the federal government wants 25 shrimp boats to install gear in their nets meant to protect the kent bradley turtle. scientists have grown more concerned about their survival saying most deaths thought to be caused by the oil spill were actually due to drowning most likely in them. they are hoping installing turtle devices will help protect the endangered animals.

they say the turtles are even more in danger than they are. high fuel prices and the bp oil spill driven about 4,000 boats off the water in louisiana over the past decade alone. by causing them to lose a lot of shrimp makes it worse. they insist it is unnecessary because they rarely ever catch turtles anyway. they hope the rules will be completed and in effect by march 2013. diane macedo, interesting one. >> we asked you to brew on another kind of animal. chicken. the chicken sandwich becoming a political statement yesterday as thousands of people coming out in support of chik-fil-a and the first amendment. >> what do you think about the chik-fil-a controversy? is it fair or foul? jonathan simmons tweeted this. he says i think everyone is entitled to their belief. we should not rye iot because w

disagree, we should respect each other. >> andrew e-mailed us saying chik-fil-a is a private company. as a private company they can have whatever view they want. we live in america. >> davey saying the controversy is foul. the playor shoumayor should not office to control business practices in their city. >> it could hurt employees as well. >> we will keep hearing a lot about this through out the day. >> the time is about 4 minutes until the top of the hour. coming up the wedding vows apparently not all that exciting for this flower girl what she tried to do to pass the time. >> oh. can you figure out this word of the day? stick around for the answer we will tell you what it is coming up in just a few minutes.

>> let's take a look at the good, the bad and the ugly. and a good for daniel rodriguez who received the purple heart after serving in afghanistan and iraq. cleared to join the clemson football team. good for him. and the bad has never been so cute. >> in just a moment. >> a young flower girl who decided to take a nap right

behind the bride and groom at the wedding. they are eventually skipping her off. and finally the ugly.