>> good morning to you. hope you are off to a great day. i am hert nauert. >> it is wednesday january the 9th. thank you for watching fox and friends first. >> time now for the top 5@5' clock. january 22nd. that's the day hillary clinton might finally testify before congress in the terror attack. the state department has no date set. she had a concussion and was later hospitalized for a blood clot. >> the winner of the million dollar lottery in chicago wants to know who murdered her husband.

chavana is anxious for investigators to exhume her husband's body after investigators confirmed he died from cyanide poisoning. she says he believes he has no enemies. the store clerk described him as friendly and a hard-working guy. >> the sense of humor hard-working type of guy. >> a day after collecting the lottery payout police questioned his wife but have not named any suspects for a motive. the body will be exhumed in the next few weeks. more from arthur aidala in a few weeks. the judge ruled his confinement at a military jail in quantico, virginia was more rigorous than necessary.

man something accused of leaking hundreds of thousands of classified military documents to the web site wikileaks. >> lance armstrong tried to make a large donation to the same anti doping agency that stripped him of his title. the ceo tells 60 minutes the representative for the disgraced cyclist back in 2004. that offer was rejected because at the time it was considered a conflict of interest. in the meantime armstrong will give a tell all interview to oprah winfrey. this comes amid reports that he is considering admitting performance enhancement drugs. >> a man was arrested after he climbed up this roller-coaster. he planted an american flag on top of it and told police when he arrived he wanted to raise awareness to sandy recovery. there are plans to tear it down even though it has been a symbol

of the storm's devastation. that's your 5@5:00. it's a sfirps for the white house effort for assault weapons ban. joe biden will meet with jun control organization and gun violence victims groups. he will meet with the nra tomorrow in washington. peter doocy has more in washington. hi there, peter. >> good morning. in about 6 hours at 11 he will meet with gun violence safety. tomorrow he will meet with vice president biden and other leaders to try to come up with proposed changes to the way items are sold and the way guns are seen in movies and the bhan tally i

mentally ill use guns. >> as the president said he doesn't want to prejudge any recommendations any stake holder might represent. he did in his meet the res interview respond to a question about the specific recommendation the nra had made and saying he was skeptical that putting more guns in school would solve this problem. >> republican lawmakers are likely to make dramatic changes to gun laws difficult. there are things said last night that could save lives future without prestricti -- restrictig g

rights. >> one key measure we could adopt is to prevent the dangerously mentally il get firearms in the first place. that is where the key measures will come. >> democratic governor andrew cuomo is getting ready to roll out major changes to the empire state gun laws. news in new york is reporting that tonight governor cuomo wants to announce new restrictions on assault weapons new penalties for gun crimes and new limits on magazine capacity. >> peter doocy, thank you so much. >> there's a whole lot of reaction continuing to president obama's nomination of chuck hagel for secretary of defense. >> krauthammer says he thinks it give as preview of the second term and vision for the defense department. i think what is happening in

the second term obama is going to show who he really is. remember when he said to the soviet president after the election i will be more flexible which means he can be more of who he wants to be. number one item is cut down defense, the defense department. leon panetta said the cuts were supposed to go into effect on january the 1st and have now been delayed for a month. if they went into effect he gave i wanted indications he might resign on principal because he cannot carry it out. when hagel was asked he said the defense department is bloated and needs to be paired down. he is prepared to do the dismantling obama wanted to do never admitted he wanted to do but would be carried out in a

second term. >> when discussing iran he said describing hagel as being soft is an under statement. what's going on with us today? >> still looking at more heavy rain associated with the storm system across texas and louisiana and mississippi valley. eventually some of the rain will head to the great lakes and the northeast by the end of this workweek. that is something to look forward to. it is because it is so mild out there. 41 in new york city. 50s in memphis. because it is so mild that's why you are not lacking at any storm system. rain is coming down over southeast louisiana and new oren

leans. take a lookal dallas and austin. shadeings of yellow, orange even red those are very heavy rainfall rates. you are looking at dangerous conditions on the road throughout the morning hours. 4 inches of rain flash flood ago concern across the state of louisiana, arkansas and eastern texas ov the next couple days. now to stories you can bank on this morning. you can't wait for the tax refund? you have to wait longer than usual thanks to congress. lauren simonetti joins us to explain all of this. how much longer? >> a little bit. the irs will begin processing individual tax returns at the end of the month 8 days later than usual. the agency had to wait for a deal on the if he is cal cliff befo -- fiscal cliff before programming computers and printing the forms. if you have a relatively easy

tax reform you can file january 30th. the deadline is still april 15th. that does not get pushed back. most tile pers will g-- filers get theirs fairly soon. >> amazon the world's largest on-line retailer you didn't think it could get any bigger but it is expanding. >> right here nearby in new jersey it is building a distribution center slated to open next year and will add about 700 jobs and between 30 and $40 million in tax revenues for new jersey annually. they are not exempt on paying sales tax. they will have 7 percent sales tax starting this summer. >> what's the new news when it comes to the super bowl? >> we could stream the half time show. for the first time the popular half time show which many people watch the super bowl for this

year featuring beyonce will be live streaming on the web february 3rd focusing on what viewers really want. they are not only streaming half time show but using different camera angles to watch the game. there will be a twitter feed so you can interact socially as well. >> good to see you. it is 10 minutes after the top of the hour. coming up the dreamliner more like a nightmare for boeing grounding one of the multi million dollar planes. should kids be allowed to get food at the bar before they can legally drink? a look at the gasoline prices a new national average 3.30 is the same as it was yesterday. [ male announcer ] with over 50 delicious choices

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>> good morning to you. it is 14 minutes after the hour. quick look at the headlines. all u.s. troops may be out of gaven stan by the year 2014. they are not ruling out that option. pentagon officials say the troops are still needed to keep strengthening the afghan army and help keep al qaeda away. this comes days after osama bin laden is meeting with hamid karzai. no decision has been made for anthony's appeal to get the lying conviction thrown out. she is convicted of lying to police. the statements she used to police can't be used against her because she was not read her amanda rights. across the country struggle to go keep up all of the people coming in with flu like

illnesses. one set up a special tent outside. this is 29 states already reporting extremely high amounts of cases. >> we are live with the latest on what health officials there are dealing with. >> the flu is hitting harder and also hitting earlier especially here in northeast ohio. there were 134 cases of the flu that were reported last week and that was up 73 according to the cuyahoga county board of health. they are already putting restrictions in place. 30 minutes outside of cleveland they were packed with patients yesterday. they are now having to call in additional staff due to the influx of patients. they are limiting visitors.

they are putting temporary restrictions in place asking for visitors to only come in if they are 19 and older they are also asking patients if they are going to bring in visitors who bring two healthy visitors. they are also asking adults with flu not to visit. there are also a small marketing firm in cleveland who checked in yesterday. they have about 25 employees, half of the employees have called in sick with the flu. the cdc saying the flu is widespread in more than 40 states. health experts are saying it's not too late to get the flu shot. keep in mind if you do it usually takes about 3 weeks for the vaccine to kick in. >> thank you so much. it is going around, at any time is, heal -- isn't it, heather.

>> it is. there is a new plan to let 18-year-olds drink alcohol at bars and restaurants in the state of colorado. there is one catch. parents have to be with them in order to buy and drink the booze. republican state senator caught up the idea when he was out to dinner. he was celebrating his 20-year-old daughter's birthday he was upset because he couldn't have a drink legally with the 20-year-old. under the proposal they wouldn't have to offer a birth certificate just their id and the child's id. in the end the server would have the final say ch. th that leads us to the question of the day should parents be able to buy booze for their children or is it a bad idea? >> you can tweet us at fox frien fox friends first or e-mail us. 17 after the top of the hour. coming up next on the rundown his wife says everyone loved her husband. investigators are trying to

figure out why he might have been murdered one day after winning the lottery. a little boy lost in the woods with his dog. we will tell you how the dog kept him alive in the dark and freezing cold. you will want to hear this one.

>> welcome back. it is 21 after the top of the hour. the coast guard says it warned an oil tanker about the danger just before it sideswiped the bay bridge. the cause of that crash is now under investigation. records are revealing that the tanker pilot has been involved

in three other accidents. he was ordered to undergo more training after the july accident. a less expensive iphone could be out later in the year. sources aren't telling us how cheap it might be only apple would bring down the cost by making the body out of plastic instead of aluminum and using more recycled parts. sign of the time no aluminum, plastic. he swore off buying lottery tickets except this one time. that ended up being worth $1 million. one day after collecting his money he died after no initial signs of foul play a relative went back to the corridor and asked for a more advanced screening and this is what they found. >> they suggested something more than a natural death. late november the final blood levels came out and there was a

lethal level of cyanide. >> criminal defense attorney and fox news contributor arthur aidala joins us. the coroner never did an autopsy even though he was 46 years old otherwise seemingly healthy. that seems wrong. >> the rule is in that part of the country in chicago that 45 years old or older there is a presumption of natural death. i just turned 45. i hit is in chicago they put me in the ground. the first person you go to is his relative to asked for the body to be exhumed and for it to be tested. what made you think these months later. >> backing up for a second. there was a relative who went to the coroner and said i have reason to believe that something

fishy went on here. >> heather, why do you have reason to blaef something fishy went on here. that's where you begin. at least they have a starting point. it's not like the doctors stumbled on it. why do you have reason to believe? cyanide is not an easy thing to get. it's not like strolling to the news stand cyanide, please. >> they are going to do internet searchs and credit card searchs. who is the person who would get the million dollars if he is gone. >> is it a slam dunk? >> they have no roof proof of h got cyanide. if you snort it your skin changes color. cyanide is a horrible way to die. it stops the oxygen from getting to you. >> a very painful death. they should be doing autopsies if somebody died of suspicious

causes. >> i think it is 45-50 years old now. if you died before 50 it's automatic autopsy. in new york they have automatic autopsy. >> they are going to exhume his body and do further searchs. we want you on the case. poor guy thinks he is so lucky. he wants to put the money into his business and a children's charity. >> arthur aidala. thank you so much. 25 minutes after the hour. major status of rg3 tell you what's next with the redskin player. school banned soda for some high school students. a way to quench your first and make money at the same time. tell you what they are up to. >> steve jobs adieued the iphone on this day in history. at 1:5, the aflac duck was brought in with multiple lacerations to the wing and a fractured beak.

surgery was successful but he will be in a cast until it is fully healed, possibly seval months. so, if the duc isn't able to work, ow will he pay for his living expenses? aflac. like his rent and car payments? aflac. what about gas and groceries? aflac. cell phone? aflac, but i doubt he'll be using his phone for quite a while cause like i said, he has a fractured beak. [ male announcer ] send the aflac duck a get-well card at getwellduck.com.

>> welcome back to "fox & friends first". >> it is half past the hour. it is time now for the top 5@5:30 on the east coast. prosecutors could call their last witness today in the preliminary hearing for the accused dark knight shooter james holmes. they may call their own

witnesses after that. the fbi agents describe the deadly trap he left for fbi agents. he had bullets that would burn so hot even water couldn't cool them. he set his computer up to play loud music hoping someone would call police and lure them into the apartment. >> it is upsetting. it is sick. you are prepared to take people's lives. how can you be okay with that? you are doing this for months? they also describe how he spent months buying guns ammo and body armor for the attack. >> it is the latest example of the war on coal. georgia power says tough new federal regulations are for it to close. it cut nearly 480 jobs. the company says it had no choice because upgrading the plant to meet the new clean air standards would be just too costly. environmental groups are praising the outcome. but georgia power says

customer's bills might go up because the plant shut down costs. another day and another nightmare for boeing dream liern. for the second day in a row one of the planes suffered a serious malfunction at boston logan airport. this time a jet bound for tokyo spilled gallons of fuel after it was getting ready for takeoff. a plane caught on fire minutes after landing it is believed a battery that powers the plane exploded. no passengers or crew members were hurt in either instance. >> their utah high school banned the sale of sodas. that is not stopping students are getting their cans of coke. thanks to the new business students can walk out side and buy soda outside of the building from the cooler. >> they can sell snickers ice cream in the school but they can't sell soda pop? kids are going to get soda and sugar either way.

>> the school is aware of what cameron is doing but can't stop him because he's off campus. >> ingenious. a couple low oil dogs save a missouri boy from freezing in the woods. riley smith followed his dog into the woods behind his houses but got lost. when he didn't come home the parents called police an the search party. five hours later they found him hiding in the ditch with the dog lying on top of him. >> the dog kept him warm when the ambulance picked him up it was below freezing. his feet were ice cold. the rest of his body was fine. >> riley was take tone the hospital to be checked out. he had minor cuts but he is okay. that is your 5@5:30. >> a loyal dog. >> amazing animals. >> the white house start talking about gun control hoping to build a minimum for assault weapons ban.

it will meet strong resistance when it meets with the nra. the white house wants to keep this issue moving forward. that's why we will see a lot of tanks surrounding the meetings at the white house today and tomorrow involving gun control advocates and the nra. we know where the president stands on this even though he has been reluctant in the past to pursue gun control legislation. he wants to reinstitute a federal ban on assault weapons. so-called assault weapons semiautomatic weapons that have a military appearance. a new national data base for gun ownership. politically the admin see as real opening here after sandy hook connecticut shooting when most of the victims were children. they will try to help develop a new strategy. you heard the president say he expected and had asked the

vice president to report back to him this month. i think that demonstrates the speed with which the president hopes to act. >> the national rifle association will send a presence to the white house tomorrow saying others are at play including violence in the media. nra supporters say assault weapons ban at the state level have been infective. >> there are no evidence from the federal level from 94 to 2004 had any measurable effect on crime. >> both sides will be talking about the nation's policy toward mental illness and the role that can play in gun ownership. >> thank you so much, doug. another look at who is talking we are hearing from the wife of an fbi agent who is believed to be held hostage in iran. robert levinson dispiered while

on the iranian island of kisch. two years ago a video surfaced of them which made officials and his family believe he was captured terrorists. last night on greta his wife christine went on record with greta van susteren and she sees the new photos are of him as a hostage and why the government is saying iran may be behind this. take a listen. >> i believe he is still alive. i believe that he is spending every waking hour making sure he is well enough to come home to us. >> when you look at these pictures do you have any idea when they may have been taken? are they dated in any way? >> we have not been able to find a date on these. i do think that they were taken earlier in the video only because i have been told that doctors have looked at the video and said that he could not

possibly have grown hair like he has in this picture the way -- in the short amount of time between the pictures and the video. >> we don't show the hostage video here we are just using the skill pictures. when you look at the pictures do you have any doubt whatsoever that's your husband? >> no. not at all. that is my husband. >> it was suggested by security ry of state clinton at least a year ago he was being held in some place in south asia. there is even talk he might be held in south pakistan or paris. do you know why she thought that? >> the e-mail came from pakistan. that is why we started looking at the possibility but i don't believe he is there. i believe he is still in iran. >> they spoke with secretary clinton about her husband and they said they will do everything they can to help him be home. he has been missing since 2007.

>> before you leigh the hou-- ae the house let's get an update on the weather. >> there could be tornadoes in southeastern texas. it is part of the storm system that is producing a flooding concern across eastern texas, louisiana and arkansas because it has a lot of moisture with it and it will be dumping a lot of heavy rain and has been doing so since yesterday across the areas. the good side of the storm is we have an invow across texas and oklahoma and we are seeing much needed rain in some of these areas. stay alert with flooding in your area. we are seeing areas across the great lakes. we will see rain across portions of the northeast with the same storm system. new orleans over mississippi the storm system is a slow mover.

heavy rain in dallas, down into the area on the roadways. flash flood watches posted across dallas, austin and new orleans area in new orleans. want to show you the precipitation we are still expecting additional 4 inches possible in southern parts of louisiana. >> maria, thank you so much. it is time to entertain this. atlanta police are investigating after someone stole 300,000 dollars worth of copper wire from the set of the movie anchor man 2. 5,000 dollar reward is now being offered for information leading to the suspect's arrest. >> kim kardashian and kanye west moving in together. the soon to be parents bought this $11 million mansion. where is it? the 10,000 square foot home in california wasn't large enough for them because they gutted it

and are now building a new 14,000 square foot mansion complete with a gym, a hair salon and two pools. the actor who is best known -- another story here, for playing ralph the doorman on the jeffersons has died. >> good evening. i mean good morning mrs. willis. >> hello ralph. >> is everything all right? >> i am not sure. >> he passed away at a los angeles nursing home on january the 2nd. he was also a navy pilot during world war it, ned wertimer was 89 years old. >> we are talking sports stories at this hour. hg 3 will have total reconstructive surgery on his right knee. he had as a torn acl and lcl ligament. he is expected to be ready for the 2013 opener. one day after the winning the national choampion he says he's staying in school. >> this is where i be long and i

am really happy and at peace with all of that. >> apparently the browns were reportedly interested hiring him. >> he is apologizing for the announcer who was a little too smitten by aj mccarron's girlfriend. >> you quarterbacks you get all of the good looking women. what a beautiful woman. >> wow. aj is doing some things right. youngster in alabama start getting the football out and throw it around in the backyard. >> the network treated brett mussberger's comments the current miss alabama went too far. >> she didn't mind. she wouldn't ohasn't offended b. >> 20 minutes to the top of the hour. coming up president obama promised no tax hikes for the majority of americans but he forgot to mention the payroll tax hike. it may be sending the economy backwar

backwards. >> feeling depressed after the holiday season is normal. is this normal or not? dr. keith ablow is here. shaffer.

>> it is now 44 after the top of the hour. let's span the globe to see what stories are making headlines overseas. hugo chavez is reportedly too sick to attend his own inauguration thursday. government officials say he will remain in cuba for cancer treatment and will be sworn in at a later date. opposition groups want him to step down now. wildfires raging in australia. more than 100 homes have been destroyed. more than 300,000 acres of land scorched. the fire so big they could be seen from space. >> heather? >> ainsley thank you so much. have you noticed your paychecks have slunk quite a bit now that

the payroll tax cut has expired. it turns out the tax increase wiped out an entire year's worth of wage gains. fox business network diane macedo is here to breakdown the numbers. a real bummer, diane. >> it will be for many. good news most americans got pay raises in 2012. average weekly earnings rose 2.4 percent over the course of the year. the bad news is now that the fiscal cliff deal let the payroll tax cut expire we can kiss the gains good-bye. that's accordling to a new report which shows in only a month the average american worker will lose all of the 2012 gain in weekly earnings. inflation and weekly earnings are down 1.4 percent compared to this time last year. with shrinking paychecks and less take home pay americans are expected to spend a lot less which could seriously hurt the already struggling u.s. economy. a study from the federal reserve bank in new york show them

spending 28 percent of the payroll tax cut more than necessary to expend from the tax cuts. while the tax cuts led workers to mostly pay down debt following by increasing consumption they suggest the expiration will lead workers across demographic groups. the fed also notes how people plan to respond to the situation may be different than what they actually do. hard to tell how people will actually react to all of this. everyone's taxes are going up and for many they can consider last year's raise yet another donation to uncle sam. >> diane macedo from fox business. thank you so much. 14 minutes before the hour. we will tell you this. why diet soda could be bad for your health and it has nothing to do with your wasist line. >> do you have to fold your clothes a certain way if someone else folds them you have to redo them. is this normal or just nuts. first we check with brian

kilmeade from fox and friends. >> i like to ball up my clothes and chuck them into the closet. >> you and my husband. what's up with that. >> just recently i will be 22 on wednesday. wrote the book on it. zero dark 30 they talk about stuff he did he is not happy about some of it. did he go over the line? he is 73 years old. espn said yes. we will examine. happy birth drach and -- happy birthday richard nixon. it is coming up on fox and friends. i have to go wake steve. scon®. 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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>> they have been ordered to stop all operations in the united states. this after officials determined that one of those drivers had not properly rested. he had been on duty for 92 hours exceeding the federal limit of 70 hours after the crash happened. >> they link diet soda and other sugary drinks to depression. those who drank more diet soda cans a day were 30 percent more likely to develop depression. they had to drink four or more each day. experts stressed the findings don't mean that diet soda causes depression. thanks heather. it's a question we ask ourselves from time to time, am noirmal or am i nuts?

doctor keith ablow is here to answer some of your fun questions this morning. >> this first one says my mom has to fold hoar wash cloths a certain way the tag must be in a certain spot when she folds them. if not she will refold all of the wash cloths. is she normal or nuts? >> your mom is not normal. this is like a deaobsessive compulsive disorder. you wouldn't want to do that hence it is a compulsion a behavior you think you must do. these things are like screams. people believe my life will be okay if my life is lined up. guess what? that's a curtain behind which your life isn't all okay. you have to find out what is messy in my existence that i am saying if the towels are perfect it will all be fine. get help. >> a lot of women have this issue, though. >> a lot of women have this issue with the labels? >> maybe not the labels that's a

little more. >> that's the defining symptom here. >> every year i spend so much time looking forward to the hole sdooin and once it is all over i fall into a depression for a few weeks. is this normal? >> i think that that is pretty normal. number one, there is all of this hype around the holidays that is supposed to be swept up and exhilarated. behind that people feel somber. is it really the holiday or is there something else in your existence around winter time the time of the holidays that may be playing in the back of your mind. like music d. you lose someone you love? was there something else that happened during the season or do you suffer from winter depression which can be treated as well. >> so happy during the holidays then back to reality. >> third one my shrink recently died. she has been giving me the same medications for years for add. how do i find someone new? i am so anxious about this i can

hardly sleep. is this normal? >> i love this question. it's normal. why is that normal? because the bond that is formed in therapy listening to your life story not just prescribing medicine is very strong. how do you find somebody else? you ask a few friends. there's nothing wrong with that. there should be no stigma to say hey have you ever worked with a psychiatrist who was very helpful and visit a few. don't be afraid to say, i am going to visit three of them and pick. >> it's more than the medication you have to have a bond. >> i think the bond is so important. i went to the second guy i found not the first guy. he had a comb over. i am just saying. it is always fun to have you on. be sure to send dr. ab low your questions at friendsfirst@foxnews.com. he will tell you if you are normal or nuts. the time is 6 minutes to the top of the hour. next on the rundown we all know congress is unpopular.

did you know just how unpopular? the surprising things that people like a lot more than congress. it is your rlast chance to answr the question of the day. we told you about a colorado lawmaker who wants their parents to be able to buy their 20-year-old kids booze at the bar. should you buy booze for your child? is it a good idea or bad idea? we will read the e-mails next. :

>> it's two minutes till the top of the hour as we look at the good, bad and ugly. first the good. a heart warming reunion for a sergeant and his wife and daughter yesterday. he and 44 other new york national guard soldiers are home after a year overseas. the bad: americans giving little love to congress. a new poll from public policy polling found congress had a 9% approval rating.