>> good morning everyone. i am patti ann browne. >> i am heather nauert. today is thursday january the 10th. thank you for waking up with us and watching "fox & friends first". >> crew members are blaming mechanical failure for blocking up the controls of a commuter ferry and sending it speeding into a manhattan dock. 90 injured two of them critically. we are new in manhattan with the investigation. >> good morning ladies. i am standing directly in front of the area where the accident happened around 8:45 at the base of wall street where what started out as a typical morning commute of 300 passengers on the c street ferry and the

passengers described what happened next. >> you know, just doing my usual morning routine sipping coffee when there was a tremendous impact. my head just slammed into the seat in front of me. >> everybody was on the back of the boat people lined up on the stairs they were thrown forward. people were in the standling areas serving breakfast. they got thrown around and a lot of them got badly hurt. >> some of the people on board said the passengers were thrown around like rag dolls. he fell down a series of stairs when he got on the vote. >> we are shocked and stunned

this happened. people rely on us for transportation and safe transportation. we are very sorry this accident occurred. that is chairman james barker. the transportation board is handling the investigation right now. they can't tell us what caused the accident. as you said a few moments ago one possible theory is some sort of mechanical failure. ladies? >> todd starnes live in new york city. thank you. >> it is time now for the top 5@5:00. >> the flu is getting from bad to worse across the country. 44 states are reporting widespread outbreak of cases. in boston the mayor declared a public health emergency with 700 confirmed cases in the flu. compare that do last season just

70 cases. in ohio one hospital is requiring all patients with the flu to wear masks there. more on this flu outbreak and a live report from boston in a few minutes. labor secretary is resi resigning. she is the 5th to resign before the president's second term. obama says solis helped strengthen the economy but was too pro union and not cooperating with businesses. >> the irs internal watchdog says now is the time to simplify the tax code. the country's chief tax payer advocate says the code itself is the most serious problem that is facing taxpayers today. individuals and businesses spend

6.1 billion hours a year. it equals 3 million of us working full-time just to deal with us. republican controlled house vowed to try to over hall the tax system. >> the they reveal the widow of the molottery winner battles he husband's familiar loifr tover his estate. after he died she tried to cash in his lottery check. as a result kahn's brother froze the check. he was concerned his 17-year-old niece would not get her fair share of the money. kahn's wife cause the last person who was with him before he died from cyanide poisoning. >> the wife and him live alone. they have a two-story house. she was up stairs with him she was not there. >> jasmine was not there? >> jasmine was not there. she was sleeping. >> police have questioned the wife but they have not named her as a suspect. we will have more on the story

later in the hour. >> construction crews sent scrambling for their lives as this 383 foot crane collapsed injured 7 workers there. this happened in queens, new york. the crane buckled while it was hoisting a load of lum der. >> one by one i heard a pop another pop and another pop. then i heard the squeaking of the crane it started to drop. >> i heard a crack, a loud, loud crack i look up and it just came down in slow-motion. >> it came down. the crane is owned by new york cranes. the owner james lomo was acquitted of homicide charges after another of his cranes collapsed in 2008 killing two people. that is your 5@5:00. we are just hours away from a big face to face meeting at the white house. joe biden will meet with the nra as administration avenues fort to curb gun violence. there is major concern after

obama may act without congress on gun control. we have more on this. vice president biden said yesterday his meetings with gun safety advocates and victims and law americas have resulted in 3 or 4 or 5 steps that can be taken to make guns safer. he didn't say what they were. he did say however that the president had the power to make some of the changes with a pen and without asking congress for permission. >> oo we are reaching out to all parties on whatever side this falls. executive action can be taken. examin we are compiling it all with the rest of the cabinet members as well as legislative action we believe is required. >> the vice president also said he doesn't want to get quote caught up in the notion that

unless we can do everything we are going to do nothing. they were questioning the legality to restrict the second amendment. >> there is no experimental teaching: procedures for developing effective individualized instruction tive order the president can issue that will over ride the constitution. he can make statements or saying what he wants about executive order or executive action the fact of the matter it is not going to be over ridden by the president of the united states. it should be challenged successfully. president obama put together a team to figure out what the president can do to prevent gunmen from carrying out mass murder. biden has been given to the end of this month as a deadline to make his recommendations today as part of the efforts include mra and wal-mart. peter doocy live in washington. thank you. it is time for stories you

can bank on this morning and joining me is lauren simonetti from the fox business network. let's talk about zach lew nom nae for treasury secretary. he needs to go back to the second grade to fix his penmanship. he is expected to be nominated as treasury secretary. let's take a look at his signature. 8 loops for each of letters of his name. that would be on dollar bills below the seal of the treasury on the right side. take a look at timothy geithner. he had to do to to print. it went from the first one to the second one. the second one much clearer. we have to see if mr. lew will have to do his as well. >> aig has been in the news a lot this week because of the shareholder lawsuit. >> congratulations aig is not suing not to join a shareholder lawsuit against the government and tax payer.

which they receive add bailout. >> which they mapaid. >> the terms of the bailout were unfair to shareholders. even without aig's participation that will move forward. >> can the government just come in and grab a company and make itself own the company? that was another part of its lawsuit, too. >> tell us about this, facebook may be coming out with a phone of its own. >> it has been talked about in the past. media got an invite to facebook headquarters on tuesday. the invite said come and see what we are building. they have coached engineers from apple to work on that phone. it makes sense more than 150 million people access facebook on their mobile devices. those are twice as likely to be active. facebook shares went up by 5 percent they reached a level of $30 which is a big deal in the

stock market world. >> lauren simonetti we will check you out on fox business network. it is time to check on the forecast. that includes extreme weather in some parts of the country. janice dean live with the tornado warnings. >> january tornadoes. this is a big system that pushed its way into louisiana giving us a threat for not only flash flooding but tornado warnings. we have tornado warnings for central louisiana. this could be rain wrapped so people will not see it. we have this storm and a western storm as well. wanted to show you how much rain would come out of this. 4-5 from louisiana up across the

mississippi river valley. much needed rainfall unfortunately. too much of a good thing unfortunately in portions of louisiana. flash flooding in the areas where they are getting 1-2 inches an hour in some cases. satellite radar imagery this is a springtime storm. this is a winter time storm bringing winter weather advisories 6-12 to 18 inches of snow across the northern rockies and planes. we will continue to watch the storm systems. we will bring you the latest in tornado warnings today. back to you. a woman fired from her job for refusing a flu shot? >> do you know someone who wakes up grumpy from getting up too early in the morning? some of us are crabbier than others and wait until you hear why. we will talk about that. so, we all set?

i've got two tickets to paradise! pack your bags, we'll leave tonight. uhh, it's next month, actually... eddie continues singing: to tickets to... paradiiiiiise! no four. remember? whoooa whooaa whooo! you know ronny, folks who save hundreds of dollars by switching to geico sure are happy. and how happy are they jimmy? happier than eddie money running a travel agency. get happy. get geico. fifteen minutes could save you fifteen percent or more.

>> it is a quarter after the hour. here's what you missed while you were sleeping. a grand jury not indicting a driver that was hit by a train killing four veterans. the driver drove a truck pulling the float on to train tracks in november despite warning bells and lights going off. investigators are looking into if the system's warning was too short. mitch mcconnell is on his way to afghanistan. during his meeting with hamid karzai. he will go over later this week. they want to pull troops out of afghanistan by 2014 s. karzai has not said how many troops he

would like to stay. >> a situation has gone from bad to worse. al huge number of flu cases springing up. they are straining emergency rooms all over. boston has declared a you be public health emergency after 18 deaths there. we are live at massachusetts general hospital. good morning, katherine. what can you tell us about the situation being so bad there? >> good morning. public health officials in the city of boston said they have a flu emergency on their hands. this is the worst flu season they have seen since 2009. it is something they are taking very seriously. they did declare the public health emergency on wednesday. so farther saying here in the city of boston alone there have been 700 confirmed cases of the flu. that is up from 70 confirmed cases of the flu from all of the season. there have been 18 deaths

statewide. four among boston seniors. very serious situation indeed. the best thing everybody can do in the state is get a flu vaccine if they have not already. state officials are saying there is plenty of vaccinations available. others taking precautions at mass general hospital. they are actually making changes to their visitation policies especially on the maternity floor. they are cutting down the number of tours. the mbta the public transportation authority in the state is telling their cleaning crews to pay particular attention to any surfaces people might touch frequently. that's what's happening here in the state. certainly a situation people are taking seriously. other towns around boston are

having more people come in for vaccines. the city of summerville have run out of vaccines temporarily because this is something people are taking so seriously. >> all right katherine. thank you so much. and it's time now to brew on this. here's what we would like you do brew on today. do you have mornings where you want to rollback over and go to sleep? oo time to get up. >> got fix the kid's lunches or they will miss their bus to school. >> i don't care if they don't go to school. >> such a funny movie. >> new survey out reveals women are grumpyer in the morning than men. >> those surveys say they dodged conversations with colleagues first thing in the morning. some even ignore their children. men on the other hand supposedly get up earlier and are more on the ball when they arrive to work. >> we want to know do you agree

women are crankyer in the morning. send over your comments. shoot us an e-mail at fox frienfriendsfirst@foxnews.com. working this schedule we can't afford to be cranky. >> i think it really depends. >> meet the lion that has been terrorizing an entire neighborhood. the truth is this lion, look at that right there, this lion isn't a lion at all. hard to believe. >> are you looking for a change in your life? what about a grand new life? cheryl casone has a list of the top companies hireing this week. hello. how are you?

>> good morning to you. it is 23 minutes after the hour. here's a look at the headlines. a worker in an ohio billing department fired for refuse to go get a flu shot. she was a veteran employee. she says she was worried about the potential side effects of the shot. the hospital sticking by its decision saying she ignored one of the rules. last week we told you about 8 nurses who were fired for the same reason in indiana. it is straight out of the movie jaws, a 16-foot great white shark spotted off the coast of florida. here are pictures from when the shark was electronically tagged in september. it was seen 200 yards from shore recently. people are told to use extra caution when they go into the water. >> i'll assay. patti ann? we have good news for veterans in the new year. the average annual jobless rates

for vets in 2012 was 9.9 percent. doesn't sound so good it is higher than the national average but it is 2 points lower than the year before. >> yes, the jobless rate higher than the nation's jobless rates. for female veterans 12.5 percent. hopefully we can get the numbers down. there are vet friendly companies that are looking for those of you out there that are looking for work and you just got back from iraq organ stan you have skills they can use and travelers is one of them. it's an insurance company. they offer claims adjusters, business analysts engineers. it is property and cash insurance. 500 jobs available. they have policies for reservists if you get called back or get called out to serve they will keep your job for you. and they are very much about getting veterans in and the

skill sets of veterans. a lot of times that's organization skills in particular. >> pepsico. >> you know it's frito-lay, quaker oats. they need sales leaders operators drivers, sales team leaders. they were awarded hiring our heros award by the first lady and they are actually looking for veterans as well. >> wells far go. >> you know the bank. they have got about 5 thu jobs available. wells far go is mostly based on the west coast. do security work, fraud, audit customer service, underwriters loan specialists. one of the biggest financial firms into the role 900 jobs right now are available in the state of arizona and they are a nem of the 100,000 jobs mission which is to get our veterans back to work. if you go to my blog which is casone knee exchange -- casone

exchange.com there are two extra companies on the list you can e-mail me fs job hunt@foxnews.com if you are a company looking to hire whether it's veterans or good old americans we would appreciate hearing from you. >> cheryl casone. >> stomping on the american flag, we will have that story ahead. hillary clinton offers a brand new clue about her possible plans for 2016. mom, pop it. ♪ two inches apart, becky. two inches. t-minus nine minutes. [ ding ] [ female announcer ] pillsbury cinnamon rolls. let the making begin. ♪

>> welcome back to "fox & friends first". i am heather nauert. >> i am patti ann browne. thank you for watching fox and friends first. >> they are blaming mechanical failure for locking up controls of the commuter ferries and spe york city dock. >> 93 people were injured, two of them critically. todd starnes is live with the details on the investigation. >> what can you tell us today? >> good morning, ladies. i am actually standing at the base of wall street just behind me is where this accident took place yesterday morning during rush hour. it seemed like a normal commute as it suddenly plowed into the peer behind me and all chaos broke out.

it just hit. i don't know. it just didn't stop. then it lifted a little bit then it pulled up and the captain pretty much said call 911 we need help. >> it was very sudden. it was a normal morning. easing into the dock doesn't seem like they did what they normally do. it was a complete sudden shock. >> a total of 93 passengers were injured some critically. the good news everyone is expected to live. now as far as the cause, well here is the national transportation safety board's robert thumb walls. >> we will have experts looking in the area of operations. they will be looking at company management. looking at regulatory compliance of the vessel. we will be looking at regular story over sight of the vessel by the coast guard and that group will also be looking at human performance.

>> again, one of the theories possible mek can failure. the good news here, though, everyone is expected to live. >> todd starnes thank you so much in new york city for us. >> and it is time for your 5@5:30. top five stories making news at this hour. a ruling could come down as soon as today on whether or not there is enough evidence in the case against accused movie massacre shooter james holmes to go to trial. photographs holmes took of himself were laid out in the courtroom. they show him sticking out his tongue smiling even poseing with a gun. prosecutors say he acted clib br deliberately. >> when he sees himself he gets very excited his eyes crinkle. you know you try to smeshg. his eyes are the window to the sole. you could see he was delighted in seeing himself in that

manner. >> 12 people killed 70 others hurt during the shooting in july. >> video of a convenience store owner turned the tales on the would be robber. take a look at this video. you can see it right here a man pulls out a knife and tries to cr grab cash. to his surprise the owner pulls out her hidden gun sending the suspect running and scared outsidehat store. >> if i would have head shot soi couldn't do it. >> you were afraid you were going to kill him? >> i would have killed him if i would have did it. >> don't mess with this lady. >> police in milwaukee are searching for that suspect. >> students in south carolina were stunned as an english teacher stomped on an american flag during class. an unidentified teacher at chap pin high school through the flag on the floor and repeatedly stomped on it as part of the lesson. the teacher said it was only a

symbol only a piece of cloth and didn't mean anything. the act was repeated in several classes. the teacher has been put on leave. >> a lot of men and women have died for that symbol. we will hear more about that that's for sure. >> let the 2016 talks resume. hillary clinton fuelling more rumors about a white house bid when she was asked if she was retiring from politics. >> i don't know if that's the word i would use, but certainly stepping off the very fast track for a little while. >> president obama nominated democratic senator john kerry to replace clinton. >> it is a ginning you wijungle. >> 911, what is your emergency? >> i am driving down the street before the view and there's a lion that ran across the street. a baby lion. it was about the size of a labrador retriever. >> well, it was not a lion it was a labradoodle.

charles the monarch belongs to a local business owner. people saw him roming around people thought it was a real lion. charles is actually shaved to look like a lion on purpose. it's a tribute to old dominion university's mascot. that's your 5@5:30. >> thousand creative. i kind of like that. >> the cabinet shake-up for president obama's second term continues this morning. he's hours away from naming his new treasury secretary. now the president has to worry about filling yet another post. doug luzader is live from washington with more. >> good morning. current white house chief of staff lew he is picking someone who knows the numbers but republicans will remember his sharp elbows. as a number cruncher his resume is pretty solid. he was the white house budget director during the clinton

administration. by all indications he had proven himself again and again to the president. >> over the past quarter of a century jack lew has been an integral part of some of the most important budgetary financial and fiscal agreements bipartisan agreements in washington. >> one agreement he may not want to take credit for is the now december pieszed if -- despise fiscal cliff. lew was the architect of the spending cuts that nearly drove congress to the brink over new years. some republicans say he hasn't been honest with congress about debts. >> there is a confirmation process. i think the american people need to know the secretary of treasury will tell them the truth about the financial conditions of this country. speaking of cabinet posts labor secretary announced yesterday she will be stepping down as well.

so who is staying for a second term? that list piered to be relatively short. attorney general eric holder secretary of health and human services kathleen seb beelius. one of the duties of the trish ry secretary is to sign the currency. on this bill you have tim geithner's signature because he's the treasury secretary. if lew is the next treasury secretary? it's over one document after another. you can get a pretty close-up look at it. there it is. image that on your dollar bills. that's how it would look like. tim geithner decided to clean it up before he came up with his signature. >> make it look more official. looks like an 8th grade girl's signature. >> makes a lot of doctor's signatures look legible. >> doug luzader thank you very much. we have extreme weather

striking the south this morning. >> janice dean is following us this morning. she is live. >> a spring lime storm moving through texas, louisiana. this is in towards mississippi where we have another tornado warning south of alexandria seeing strong rotation across doppler radar. this could be rain wrapped so people may not see this coming. this is a dangerous situation. severe threat in and around where we see the tornado watch until noon local time. that will stretch into mississippi throughout the day today. flash flooding also. where wie see the tornado warnig flash flooding is also occurring. double the trouble in louisiana. satellite radar imagery showing you the spring like storm. we are showing awe winter storm moving from the west. that will bring blizzard conditions winds 50 miles per

hour and heavy snow. 12-18 inches across the rockies and northern plains through saturday. busy day in the weather center. keep you up to date. ladies back to you. >> it is time now to step into the fox flight with michael samaro. american idol season 12 you have a little bit of a preview for us. >> american idol giving thousands of fans a sneak peek. first episode was simulcast to 11 cities and afterwards a man has to ask mariah carey nicky minaj. what's in store for season 12? >> i think some of the ones that are in there's this stuff around it, yes. really good. for me that's really exciting. >> american idol premiers january 16th on fox.

i am looking forward to it. >> absolutely. it is now the beginning of the award season. oscar nominees we hear about that. the golden globes what do we know so far? >> hollywood award system has kicked off. comedian academy awards host seth mcfarland will announce this year's nominations. some of the movies making major bus is lincoln, argo and les mis. >> we have the people's choice awards. >> they were last night and the hunger games devoured the competition at the people's choice awards last night in los angeles. won five professor fees including favorite movie. jennifer lawrence won. kitty perry was favorite pop artist. part of me also won one of the awards. >> you got an interview with the golden globes nominee.

>> this sunday was the golden globes. i had the privilege of catching up with danny houston. nominated for best supporting actor for mini series category. >> where were you and how did you hear about it? >> i was here in miami the phone range early in the morning. the first thing i thought of was that my house burned down. it was a weird psychological study there about what my fears are. so i was at first relieved rather than feeling excited and honored which i feel now. >> he is the son of legendary filmmaker john houston, brother of angelica houston. you can catch my entire interview. >> his name is one a lot of us don't know. you are obsessed with his show. you say it is fantastic.

fire surrounds a family's home leaving them with nowhere to run except into the water. an incredible story when we come back. does your cable company have great customer service? how about your phone company? the worst of the worst straight ahead.

>> if you have a problem with a product or service and you call customer service and they are unable to help. >> i would agree with that. we have a list that rates company's kindness to customers. diane macedo has the list of worst offenders. >> the american customer satisfaction index rated customers on customer service. some of the results may surprise you while others probably won't. to start things off long island power takes the top spot for worst customer service after

leaving thousands of customers powerless after two weeks of hurricane sandy. it was criticized for handling of the phone. >> the customers also suffered from long power outages last year. charter communications gets the third ranging due to perennial industry laggers. comcast customer service was so bad it lost more than 400,000 sub skrieshs last year. while facebook keeps getting more subscribers it comes in at number 5. seems as more people use it more people complain about it. united replaces delta as the lowest rated airline. time warner cable gets number 7 after introducing a highly unpopular fee this october. linkedin ceo was named one of the best ceo's but customers were dissatisfied enough to get number 8. cox cable gets number 9 and

american airlines comes in at number 10 after a surge of canceled flights earlier this year. buyer beware and the list goes on. you can find out who else made it at www.vabsc.org. >> i have to agree e.>> he won the lottery and turned up dead. today we have some brand new information for you about the mysterious death of this jackpot winner and it concerns his wife. >> fire surrounds a family leaving them with nowhere to turn so they jump into the water to survive. they are there for a long time. first let's check in with steve doocy coming up on "fox & friends." >> coming up on "fox & friends" actress and singer naomi judd will be here and the hit fishing show based in massachusetts, wicked tuna are here.

along with former military general stanley mcchrystal. it is 12 minutes from now on the fox news channel. ya. alright, anher one just like that. right in the old bucket. good toss! see that's much better! that was good. you had your shoulder pointed, you kept your eyes on your target. let's do it again -- watch me. just like that one... male announcer ] the durability of the volkswagenassat. pass down something he will be grateful for. that's the power of german engineering. back to you.

>> it is 9 minutes before the hour. here's a look at the headlines this morning. incredible images coming out of australia. parents air grandparents are fo go under a peer with their grandchildren from wildfires burning across the country. they were there for more than 2 hours until they eventually found a small boat and able to make it out of harm's way. how frightening for that family. >> your favorite monopoly piece

will soon be off the board. you can save your favorite by voting on-line. you can vote for the token that will replace it either a cat, robot, diamond ring, a helicopter or a guitar. >> the wheelbarrow they say is the most likely to go. >> i would pick the guitar. just me. >> a family a brewing over the death of a familiar preliminary. we have more from chicago. >> who would have reason to kill him? >> i have no idea. he was a fine guy. he had no enemies. >> his brother in law and wife are now acting as legal guardian for her daughter. she p didn't get along with her step mother. this afternoon she met with her criminal defense attorney who told me in november shortly after they determined his death

was result of cyanide poisoning he talked to investigators for four-hours. >> if she didn't do anything why did she need an attorney? >> they had a search warrant for the home ceasing among other things computers. >> she had nothing do do with his murder if it was a murder. i can't draw that conclusion based on what i have heard so far. >> they indicate kahn's older brother was concerned his niece was not going to get her share of the estate. >> they had inquiries whether brothers or sisters can inherit. i told him it would gon't be th case. >> state law dictates kahn's wife and daughter will split the estate evenly. the murder investigation could complicate that. the uncle says the teen had nothing to do with her father's death. >> the wife and him was alone.

they have a two-story house. she was up stairs with him. nobody else was there. no family member was there. >> jasmine was not there? >> jasmine was down stairs. her room is down stairs and she was sleeping. >> her attorney says kahn's death would only hurt their client. >> they were already wealthy before he won the lottery. she didn't have anything financially to gain by his death. >> we will see about that. that was craig wall reporting from chicago. a race against time after a puppy falls face first into an icy lake. >> a study that claims women are crankyer than men in the morning. we will read your e-mails and tweets that's coming up next. [ male announcer ] this is joe woods' first day of work. and his new boss told him twongs -- cook what you love, and save your money. joe doesn't know it yet, but he'll wk his way up

from busser to waiter to chef before opening a restaurant specializing in fish and me from the great northwest. :

>> about two minutes till the top of the hour.

let's take a look at the the good, the bad, and the ugly. first the good. a fire fighter rescuing a bulldog from the icy waters of a lake in denver. it's not clear how the animal got there but the dog is back with its owner and doing okay. next the bad. becoming an overnight sensation has its down falls. catherine webb forced to change her phone number. donald trump said miss alabama received thousands of phone calls after an espn announcer became splitten with her during a game. finally the ugly. thieves got away with a plaque made to honor vietnam veterans. police believe it was stolen for scrap metal. if it doesn't turn up vets plan to raise money for a new one. time for responses for the day. we told you about a survey that claims women are grumpyer in the morning than men are. >> laurie from indiana says are you serious? i'm the one who gets up early and i'm the one who is at least socialable in