>> good morning everyone. happy friday. >> i am heather nauert. >> i am heather childers. thank you for watching fox and friends first. time for your 5@5:00.

the top five making news for you at this hour. we are 18 days away from going over the fiscal cliff. the president and house speaker john boehner hard at work trying to avoid the economic disaster. the two met for about 50 minutes to make progress toward a deal. neither side would go into detail about what happened. boehner criticized the president for unwillingness to compromise. >> the president promised balanced approach his proposals have been anything but. he wants far more in tax hikes than in spending cuts. >> after late day meeting boehner said talks were quote doing great. >> new details emerging about the man who opened fire inside the crowded mall in oregon. jacob roberts roommate says he had a weird look on his face when he left the house. roberts apparently wanted to

join the marines. a foot injury kept him from doing that. he shot and killed two people inside of a mall on thursday before he turned the gun on himself. a 15-year-old victim still remains in the hospital in serious condition. the mall is set to reopen later today. this is a troubling story med af will honor recipient brutally attacked in an event over the weekend. police arrested and charged an 18-year-old. meyer is recovering after the attack. he was awarded the military's highest honor by president obama last year. he is credited of saving the lives of 13 americans and 23 afghan soldiers during a firefight in 2009. he was the first living marine to receive the award in nearly three decades. >> leon pineda has agreed to send 2 patriot missiles 400

troops to the country in order to beef up the country's defenses in the syrian attacks. th germany will send two muscles each. all 6 patriot missiles will be under nato control and should be operational by january. >> special night at the white house and president obama and the first lady celebrated the 6th night of hanukkah. it included traditional prayers and the lighting of candles from a 90-year-old menorah. it was seriously damaged super he storm sandy. it symbolizes perseverance much like the holiday. >> jews honor ever lasting hope that light will over come the darkness, goodness over comes evil and faith can accomplish miracles. the president also america's support for israel remains unshakeable. that is your 5@5:00.

>> ending it before it even started u.n. ambassador susan rice taking her name out of running for the secretary of state position. this following months of criticism over her comments on the benghazi attack. peter doocy is following this story from washington and there are so many angles to this one. good morning, peter. >> there are. ambassador susan rice was never actually nominated for the job of secretary of state but based on statements president obama made in public hefz believed to be a frontrunner for his nomination. she thinks a potential confirmation process would have been lengthy and disruptive so she says she is out. >> i withdrew my name because i think it's the right thing for the country. i think it's the right thing for the president and putting those things together that makes it the right thing for me and my family. >> president obama said while i deeply regret the unfair attacks

on susan rice in recent weeks the position demonstrates strength of her character and admirable commitment to rise above the politics at the moment to put our national interests fist. the american people can be proud to have a public servant of her caliber and character representing our country. republican senator lindsay graham says he respects rice's decision to withdraw her name. graham has been highly critical of rice and her role in the administration's public response to the terror attack in benghazi. meanwhile former u.s. ambassador to the snuchlt john bolton explains why he thinks all of this suspect had aing. >> i think they had come to a political conclusion it was too costly for the nomination to go forward and she wanted to get her $0.02 on that. i wouldn't be surprised after a few friendly interviews there is more discussion about it. i think the administration wants

to get this off the radar screen. massachusetts democratic senator john kerry is now believed to be president obama's top choice to replace hillary clinton and secretary of state. don't expect ambassador tore rice to dispier. she is being mentioned as a pick for national security advisor a very important job that does not require senate confirmation and it is on the schedule to meet with president obama later on today. heather? >> thank you so much. no senate confirmation. that might be key. now it is time for a look at who is talking. >> charles krauthammer looking at his reason why he believes rice heyed the decision. >> had she been nominated benghazi scandal above been on the front page. with her not being nominated benghazi scandal will die in the mainstream media they will have no interest in the story. that's why i think the president

put himself out there he would rather have had her i think he feels he somehow kneeleded and her consolation will be he will make her national security advisor which is a very powerful position which does not require the as sent of the senate. >> john kerry is another rumored choice to replace hillary clinton as secretary of state. fox poll shows what americans think about kerry and rice. >> when asked who president obama should nominate as the next secretary of state when given a choice between kerry and rice the majority 37 percent said someone else. kerry receiving 23 percent while susan rice received 19 percent. keeping on the topic of p benghazi the fox news poll asked those polled thought the president should order troops to benghazi to help americans there

25 percent said yes -- 65 percent, 24 percent no and the rest were unsure. did they try to cover it up? >> 47 percent said yes while 42 percent said no. all right. let's talk about some business news now. even if a last minute deal is reached to avoid the fiscal cliff the damage may already be done because a lot of small business owners we have talked to are not investing in their own businesses because of fear of going over the edge. you talk to any small business owner it's uncertainty. >> the election was supposed to take away that uncertainty. didn't happen. the fiscal cliff paralyzed so many small businesses. the big job creators out there. a wells far go gallup survey found those spending intentions fallen to a year load.

they are not upgrading computers or hiring workers. the reason is the fiscal cliff. small firms are slow companies are s be corpse so they are taxed as individuals and likely make 250,000 dollars a year meaning they will get stung by higher taxes. >> talk to us about twitter a big year for president obama of course no surprise there. >> it is the time of year when we reflect on what happened through out the year. twitter is a great way to measure a lot of that. the most retweeted message of the year. president obama's 4 year victory tweet with a photo of him hugging the first lady. riept behind the president justin bieber a good-bye tweet to a friend who died of brain cancer. >> a whole lot of us are traveling for the holiday season more than in the past 6 years. >> it is at a high. basically get ready for holiday traffic jams. aaa is predicting 93.3 million americans will hit the roads or

the skies this holiday season. that would make the busiest travel season in 6 years. spending could be up as well forecast to increase 6 percent to $759. why is that? we are probably going out a lot more and spending money on entertainment. get this? gas prices not expected to rise. maybe 3.30 cents a gallon by the end of the year. air fair is down. hotel rates thriving a little bit about 2-3 percent. >> we will crash on the family member's couch. >> with the holiday travels that's what we want you to brew on today. we want to know if you are planning to travel for the holidays if so where you are headed. you can tweet them to us at fox friends first or shoot us an e-mail at fox friend first at foxnews.com and we will read some of those later on in the show. now it is time for your first degree weather update with janice dean. will mother nature cooperate for travelers today? >> travelers across the east

will be in good shape. across the west another story. clear skies for much of the eastern half of the country you move to the west we have storm systems one across the west another southwest with a lot of rain and snow which is great news for the travelers. 18 inches for parts of the mountainous regions of colorado through arizona up through the rocky mountains. this is mainly a gad thing because a lot of country is into a drought. this system is going to move into the central u.s. by saturday and then across the east coast by sunday. going to get rain across the southeast and snow across the southeast. they are moving across the major cities today. we will get into a little bit of

activity. >> i was listening to you. >> the time now is 11 minutes after the top of the hour. a real scrooge taking away the christmas concert replacing it with something else. >> the parents pleading with the president's health a son fighting for his life inside of a mexican prison. >> it has gone on too long. it's a ridiculous case. i think they know it's a ridiculous case. i am asking the president to get involved at this point. >> we will hear more from them and the lawyer who is working hard to free them. ♪ [ male announcer ] they are a glowing example

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>> it is now quarter past the hour. here's what you missed while you were sleeping. the radio hosts behind the hoax have been move to do safe houses because they received death threats. several other radio staffers are given 24-hour protection as well. we are learning the station may actually lose its license. those hosts are being blamed a lot of folks that the reason kate middleton's nurse took her own life. a memorial service is being held in her home town later today. >> could jenni rivera still be alive? she took the last minute decision to take the plane ride even though they offer to do put her up in a hotel room for the night. heather? tyke for a look at who is talking. we are hearing from the parents and lawyer of the former marine being held in mexico on gun

charges. >> john hammer junior was arrested whieflz passing through a mexican border city on the way to costa rica. he was arrested for carrying this antique shot gun. it belonged to his grandfather. a u.s. border patrol agent told him it was legal as long as he declared it with mexican authorities. when he went to do that he was arrested instead. in a moment we will hear his parent's plea to president obama. first here's his lawyer's explanation of this event. >> the customs told him it was legal to go to mexico with registration papers. the problem was when he came back into the states. he goes through mexico with customs told him to wait and fooi hours after they raised him for violation of article 11 paragraph h of the federal law of weapons and explosives which says you can have any shot gun except certain type of shot guns for example ones of certain

caliber. this particular caliber was .410 which is not -- it is not reserved for exclusive use of the armed forces and neither were the bullets the gauges that was for the nonexclusives. the issue here really is the length of the barrel. that's the problem. how it was measured and also most important that is why. this had to be under 25 inches and we believe the pressure was taken the wrong way. >> there han some criticism here at home that the state department and the administration are not doing enough to help secure hammer's release. last night his parents spoke with sean hannity about this making a plea to president obama. >> we are just asking for everyone to talk to their lawmakers. i would make a personal plea to the president to contact the new

incoming president of mexico and just ask him to resol 6 -- resolve this case and send him home. it has gone on too long it's a ridiculous case. i think they know it's a ridiculous case because it was an accident. it's a case that their own military sent les to the judges and prosecutors saying this gun is not on the restricted list that it is trying to restrict assault rifles essentially. this isn't anything like this. the prosecutors and the judges have refused to consider that. i am just asking the president to get involved at this point. >> hammer's next hear something scheduled for january 17th. more on that on fox and friends later this morning. the time is now 20 minutes after the hour.

troops putting our lives on the line to protect us from the taliban. why is the army telling soldiers to be so nice to them? >> get up stand up. a study says standing and sitting could tell you how long you will live.

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>> welcome back. it is 22 after the top of the hour. here's quick headlines for you. three new york city police officers who responded during the september 11th terror attacks will get enhanced benefits after they were originally declined to them. the top courts ruled in their favor. state lawmakers wanted the

officers to prove their cancers specifically resulted from the rescue and cleanup after 9-11. more justice coming in the madoff ponzi scheme. bernie madoff's brother peter deserves to spend the next ten-years in prison for his role in the 2$20 billion fraud case. he will be sentenced next week. it is now time for your fox health fix. anna kooiman is here for the roundup of the top medical stories. what you have tofor us? >> everybody knows smoking is bad for you, right? even light smoking can double the risk of sudden death for women. researchers from the researches health study found women who spoke one cigarette per day have a hire risk for deadly heart condition for women. however women who quit did reduce their risk significantly.

can determining how long you live be as simple as sitting down? a study for journal of cardiovascular syndrome said it could. sitting without help considers their morality. if a person can get up with little or no help they are lick lie to live loppinger because they are more active. if a terne struggled or needed a hand they were more likely to die earlier. the study looked at 2,000 middle aged men and women over a 6 year period. finally you heard the warnings about bpa being dangerous for babies but it may now be harming your pet. >> foe found when dogs chewed on plastic toys it increased the bpa. no word on what effect bpa could have on dogs. the chemicals could adversely effect human mohormones.

visit fox news health.com for more information on these stories. 25 minutes after the hour. coming up talk about regulation nation. the federal government is now ordering the state of virginia to somehow regulate rain water. okay but virginia gets its chance to rain on the fed's parade later today. what a view. it may be one of the most amazing things all year. a lot of us around here saw it last night. a lot of you missed it. he gets a gold record. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®.

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>> welcome back to "fox & friends first". i am heather childers. >> i am heather nauert. it is now half past the hour. it is time for the top 5@5:30. we are getting to listen in on the chilling 911 call that was made moments after dallas cowboy player crashed his car killing his teammates. listen to this. >> is anybody injured? >> i don't know. it just happened. there's a car upside down and there was smoke every where. >> there's a car in the middle of the road on fire upside down. >> we have it. we are on the way, okay? >> this is a look at the scene of this saturday's accident.

it was obtained by tmz. josh brent had a blood alcohol level over the limit when he killed his teammate in the dwi accident. >> are troops in afghanistan to blame for the recent string of insider attacks? a new draft of the army craft says the culture has led to deadly attacks by the afghan forces. u.s. troops should not speak out against the taliban or defend women's rights. the book be a's mess sj is n not -- message is not sitting well with the general. 63 people died in insider attacks this year alone. >> the epa is now trying to regulate rain water. that is exactly what it is proposing in virginia. a federal judge will hear arguments from state lawmakers who file a lawsuit saying the

plan is illegal. the agency wants to classify water as a pollutant and doing so would regulate a single creek that could cost the state a billion dollars and force people out of their homes. what they are going to have to do is things like take people's houses, evict them, knock the houses down and plant grass so the water doesn't flow. >> listen to this one. the epa says when there's too much water it can be classified as pollutant that gives them regulatory power under the clean water act. >> the show won't be going on at an elementary school in massachusetts. the traditional mol day concert at jordan johnson elementary has been canceled after parents complained that last year's performance was too religious. a speech on anti bullying will take the place of the concert in january. were you able to see this

morning's meteor shower? here's a shot at it as streaks above the judean desert. it is called the geminid shower. it took place a short time ago. as many as 50 streaks per hour were seen all across the globe. here's another look at tyler, texas. nasa says this year's show could be the best as the moon's glare won't interfere with the visible. that is your top 5@5:00. while the president promised american people balanced approach his proposals have been anything but. he wants far more in tax hikes than spending cuts. >> that was house speaker john boehner yesterday talking about the struggles of coming to a fiscal cliff agreement. tha that was hours before he met with president obama at the white house. did anything change? doug luzader is live with the latest hopefully an answer. >> the short answer is no agreement yet.

but we may see more of a band-aid approach as opposed to a big fix, although that would require the republicans give in to the president to raise taxes. house speaker john boehner did go to the white house late yesterday to meet with the president. no agreement came out of that meeting, but he said earlier in the day that he will not budge on the president's demand for almost unlimited power to raise the nation's debt ceiling as part of the deal. if push had asked the president to do that it would have been shot down. >> do you think there is any chance that senator obama would have done that? zero. congress is never going to give up our ability to control the purse. and the fact is -- >> the president meantime arranged interviews with a number of local tv stations to slam republicans for not agreeing to higher taxes. >> the big problem right now is republicans and the house are

resistant to the idea of the wealthiest americans paying higher tax rates. i understand the philosophical objection, on the other hand, we are willing to make some really tough decisions about spending cuts. >> are they, though? it is possible republicans may give in on letting those top tax rates fire and revert back to clinton levels. it would push big argument over the debt ceiling and spending cuts the next year. doug luzader in washington for us. thanks so much, doug. >> before you leave the house let's get the fist degree weather update with janice dean. you are following the storm out west i am happy about this. we are going skiing. >> you are going skiing where? >> montana. >> and there will be lots of snow. >> a lot of folks will be happy because we have a storm system that will bring a lot of snow across the west. we have to pay attention to this because this storm is also going to effect the central u.s. and even the east coast.

so what are we talking about here? rain and snow for the southwest. also system across the northwest. in the next 24-hours blizzard warnings. 10-18 inches of snow in some cases two feet. gusts 40 miles per hour. we have a blizzard warning portions of southern new mexico. this storm is on the move. by saturday across the central u.s. and sunday part of this energy working its way across the southeast and even a little bit of snow across the northeast. across the big city looking good especially portland with the system moving in. have yourself a great weekend. heather back to you. thank you so much. >> talk to you later.

>> la reed announced he will soon be an x judge on the x factor. he will go fwook his job as chairman of epic records. the pair are accused of falsely labelling a man as a grand theft auto suspect on their new spike reality show called big easy justice which fix a bounty hunter on unsuspects criminals. they are putting the fun back in funerals. it ordered the pilots for best ev funeral ever. a funeral parlor who has a different approach to final arrangements. >> now it is time for your starting lineup. your top sports stories. we start with thursday night football and a huge game for the cincinnati bengals. turnovers was the key to this one they gave the ball away five

times. what has been a messy season for them. they win big 34-13. a big move to tell you about in baseball. free agent josh hamilton agrees to a deal with los angeles. the deal is worth 125 mmm dollars over 5 years. a big blow to the ncaa big east. seven of the conference basketball only schools have decided to join their own league. the parting schools are path catholic schools georgetown, marquette, seton hall and villanueva. it is 20 minutes before the hour. coming up today it is the last day states can join the obama care healthcare exchanges. with only a handful of states signing up will the president's plans work? we will talk about that. >> talk about a message from god some learned the hard way about the ten commandments. thou shall not steal.

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a oo hundreds of private security workers threatening to walk off the jobs days before christmas if their demands aren't met. lydia? good morning heather. that's exactly right. five days before christmas. that's when these workers are threatening to strike 300 of those security guards they are nonunionized workers threatening to strike, walk off the job right here at jfk airport. they have an important job. what the security guards do is they direct traffic in front of the terminal. they guard alarm doors. they have a protest here at j jfc -- jfk claiming hthey are

under paid and don't have the proper equipment. here's what one of the workers had to say. >> they refuse to give us proper equipment working equipment, radios. they refuse to give us proper training. >> these are nonunionized workers but they are backed by one of the largest unions in the country. we don't know what this actually means for travelers. but travelers we spoke to are definitely worried. for now that's the latest here at jfk airport. >> they have decided whether or not they are joining the healthcare exchanges. so far more states are opting out than signing up for it. here's the question, will the president's plan work? diane macedo may have the

answer. >> can't tell you that but i can breakdown how the states are divvying this up. the deadline is here. they have to decide if they are going to set up their own marketplace for private health insurance or if they are going to leave it to the federal government. tell me if you notice any trends. 20 states have gone for the later option outright. they are not creating their own exchanges. montana republican state legislature requested to set up an exchange there. they will have a federal exchange there as well. indiana governor deferred the decision to governor elect. he doesn't plan onseting up the state exchange. that looks like another no. missouri voted to ban governor jay nixon from creating a beas iks change without the vote or approval of the state legislature. that's another one for the federal exchange. utah has an exchange but they are waiting to see if it meets federal approval. 19 percent say they will have their state exchanges.

arkansas, delaware, michigan, north carolina and west virginia have partnership exchanges with the federal government and virginia and florida are undecided. five governors broke party lines here. bill bryant of mississippi. bush of idaho, martinez of new mexico and brian sand volume of nevada. everyone else choose as expe expected. republicans opted out democrats support. 50 minutes befo-- 15 minute before the top of the hour. the ranking of the rudest airlines and rudest employees coming up next. pay tanks to this. if you haven't checked the wife or girlfriend off your holiday shopping list we have help for you. what women really want this christmas. >> first let's check in with brian kill lemeade to see what' coming up on fox and friends. what do you have? >> we are going to talk about susan rice why she decided not to be secretary of state what will she actually be.

why so many people are running to the health club so he can sit there in their outfits. sure to get under your skin about something you wouldn't expect. and we are going to be talking about chuck cable becoming the next secretary of defense all coming up on "fox & friends" for three hours on this wonderful friday and reexamine this day. is it as nice as i think it is? we will think about that. at usaa, we know military life is different. we've been there. that's why every bit of financial advice we offer is geared specifically to current and former military members and their families. [ laughs ] dad! dad! [ applause ] ♪ [ male announcer ] life brings obstacles. usaa brings advice. call or visit us online. we're ready to help. this is another! ta-daa! try charmin ultra strong. it cleans so well and you can use up to four times less

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>> you want a friendly flight? you might not want to fly with american airlines. according to a survey by travelers they have the rudest employees. united airlines took second place with the unflattering label. scoring best it's a tie between

alaska, jetblue and virgin america. two thieves learning a painful lesson while trying to rob a church. they grabbed the electrical cable for the explosion the church is without power and the church is looking for the guys responsible. >> i want this gift. >> something fun. it is time for the holiday wish list our weekly segment giving you great gift ideas. this week it's all about the ladies. a new study says that men apparently are feeling extra generous this year and they are going to even spend more money than women on gifts so that is good news. with hot gift ideas is the creator of young merry chic.com. >> that's the best news i have heard all day all week. >> we have ideas for them that are affordable and that they

would like. >> everyone loves this. it is right around $40. you get a lot of items in one. you get the body lotion like a polish. i think it's a great go to gift and something you can keep in case you need an extra gift this year. >> if you can't make a decision this has a little bit of everything. >> one of my favorite items is laura mercier can't ever have enough lip gloss. i am always losing it. laura mercier has many lip glosses in lots of colors. that's a good one. they have these great makeup pallets. this is perfect if you have somebody going to a lot of holiday parties. it's a great size you can fit right in your clutch. >> so jewelry. >> we always like jewelry. >> charming charlie has these

great affordable stackable bengal bracelets and pretty earrings as well. they are a super affordable line. it's 14-19 dollarses. it's a great option. you can pick up a few of these maybe instead of just grabbing one. >> these are will 1997 and 14.97 in pretty jewel tones as well. >> you and i have on these great monogram necklaces from c wonder. i think something with an initial on it is so much more personal. you took a minute to pick out something really thoughtful. >> i love these. this i might do myself. >> moving on to the tech gift. >> this is one of my favorite items. everyone makes fun of me because they think i have this big phone case it's actually a charger. it extends the battery life of your iphone for up to 11 hours. i never run out of power. >> we are good to go.

>> for $10 you can actually get a magnetic case for your ipad that turns it on and off. this actually not only is it cute it's very functional it folds up and you can prop your ipad on it. >> i have one of these. i like this a lot. >> lay it on the inside and then coach has -- of course they have the iconic bag. but if you have someone really fashionable to shop for this is great this is an ipad case but it doubles i think as a clutch. you can fit all kinds of things. beautiful colors. >> speaking of purses. >> the mac daddy clutch. you can buy one for your boyfriend or girlfriend they come with the great colors it's a cross body bag not too big. >> that's $195. >> and the boots are beautiful. >> we have been staring at these. steve madden is my go to brand for affordable shoes. penelope bootie $195. it's pretty a nice swai with a

low heel. >> little on the high end. >> the hig end 595 allison olivia. they are a beautiful classic, i know they are more expensive but it's a statement piece. if you want to get something with a wow factor. >> those would go well with this coat. >> this coat from bcbg is a great coat. sparkly. perfect for the holidays. beautiful. also classic. >> neutral so you can dress it down or dress it up for the holidays. >> and keep it for years. >> thank you for joining us. appreciate it. all of the men at home hope you took some notes. don't forget to tune in next friday when chris will join us again and give us some gift ideas for last minute gifts and stocking stuffers. visit us on fox friends first.com for all of those details. nice list. and the time now is 54 after the top of the hour. still ahead a woman comes home to discover her driveway, her driveway has been stolen.

we are not making this up. it's your last chance to answer the question of the day. we told you this holiday travel season is going to be the busiest in 6 years. we wanted to know if you are traveling for the holidays. if so, where? we are reading your tweets and e-mails next. ♪ ♪ [ male announcer ] they are a glowing example of what it means to be the best. and at this special time of year, they shine even brighter. come to the winter event and get the mercedes-benz you've always wished for, now for an exceptional price. [ santa ] ho, ho, ho, ho! [ male announcer ] lease a 2013 glk350 for $399 a month at your local mercedes-benz dealer.

if approximate >> couple of minutes before the hour as we ad the ugly. let co-workers have bought tickets and won a $50 million powerball . a florida woman came home to find thieves made off with a brick walk way . and the ugly, the first

section of ukraine's government. massave brawl when lawmakers fought over the vote for the new prime minister and speaker. >> earlier on in the show triple a is expecting busiest travel day in six years. good for them . here is your responses. chad said we landed in new york from south africa and live on a sunday morning cruise no to the bahamas. >> i am headed to china for golf, dining and fun. >> i am takinglet family to alabama for uncet sciters for the holiday. it is time for the awesomely bad christmas cards and photos