from bill o'reilly.com. spout out from anywhere in the world, oreilly.com, name and town if you wish to opine. the word of the day, do not be lusk. good word, i'm going to bring that back. if you're watching from some exotic place, let us know. we'll read those tomorrow, the exotic mail portion of "the factor," thanks for watching tonight, i'm bill o'reilly. please always remember that the spin stops right here because we're definitely looking out for you.

>> good morning. i am heather childers. >> and i am patti ann browne. thank you for watching "fox & friends first". a live look at vatican city where at any moment smoke could rise from the sistine chapel. this is the second day of the conclave. >> 115 cardinals holding another vote right now in an effort to select a new pope. they will vote twice this morning before the session ends later this morning. lauren green joins us live outside of saint peters square with the very latest. >> it is incredibly exciting

even though it is raining out here in rome people are standing outside of the square waiting to see if there will be white or black smoke coming out of the small chimney on top of the sistine chapel. if there was a conclusive vote for the first vote which would be around now or so we could see white smoke. that's what everybody is looking for. if there is no conclusive vote toted tal no one reaches the two-thirds vote they will vote again. that one will be either white or black. you will see smoke in about 2 and a half hours or white smoke at 10:30. that's what everybody is waiting for. i want to bring in one of the experts here from the pontiff cal college. you have been doifollowing this

religiously. >> we have been watching it religiously. it is an opportunity for 1.1 billion catholics in the world to be watching right now we are getting more information than any one else in the world. for the past 150 years now we know this is the way in which we know what's going on in the conclave whether or not we are going to get white smoke that remains to be seen. >> we were not surprised to not see white smoke. the fist vote last night was more of a tip to the hat because they felt they were more they wanted to be more spiritual and give kudos. today we could actually see a vote. how likely is it we will see the white smoke today? >> we have seen three or four ballots in modern history and we get a vote.

we could get white smoke within p.m. 3 or 4 ballots. if it will be a long conclave it means they are taking longer to clib brat listening to each other listening to the holy spirit getting to know one another more. it could last up to 181 days. >> we hope not. >> we hope not. generally speaking we are going to find a very short conclave. that's my expectation. >> people are saying if it is a short conclave it will be the father from mal lan. do you think that as well? >> i am not able to see fla tine future. the cardinal has had a beautiful reputation. he has lived a life of prayer. he has been in line with cardinal racard pope benedict xvi. he had a private ceremony by

pope benedict xvi on the 20th anniversary of cardinal scola and concentration as a bishop. all of these things he is deaf nately a groontd runn-- definita frontrunner. >> we are looking for the smoke. we are going to be here in about 30 minutes we might expect to see something. if there is no conclusive vote we will wait again until a couple hours later for the second vote. at that time we will see either white or black smoke. we are not sure yet. >> lauren green reporting live for us. we will monitor it and check back in. thank you. it's time now for your 5@5:00. the top five stories making news at this hour. right now a fire burning in the gulf of mexico after a tug boat collided with a pup line south of new orleans. it was pulling a barge carrying

3,000 barrels of fuel. the pope's captain suffered 2nd and third degree burns. they are letting it burn itself out because it is making it difficult for firefighters ships to get close. the deadly crash in ohio that left 6 teenagers dead. the 19-year-old girl driving the suv did not have a valid license. two boys survived the crash. they say it felt like they were going 80 miles an hour. told police the driver was swerving and just driving crazy. srees control the car flipped and it landed in a pond. they broke out of a window and ran for help. >> not guilty that's the plea the judge entered on behalf of the colorado movie massacre suspect. the defense team for james holmes says they were not ready to enter a plea. they raised questions about holmes' mental health.

they hinted they were exploring an insanity plea. they will decide next month whether they will pursue the death penalty in the case. he is accused of injukilling 12 and injuring others during a batman movie. >> another george bush could be in public office george pchl bush and son of george h. bush. he is a spanish speaking attorney. some say he is a rising star among conservative hispanic. he thanked his ganny for teaching him public appearance. you may know her as former first lady barbara bush. an out of this world discovery. nasa says mars could have supported human life several billion years ago. according to new tests from the mars curiosity rover the red planet had basic elements needed

to live as well as water. this comes 7 months after curiosity touched down in an ancient crater. >> that is very interesting. democrats unveil their budget proposals today one day after republican paul ryan unveiled his plan. the president's proposal won't be ready until next month. we have the latest on the budget battle in washington for us. >> good morning elizabeth. >> good morning. we have the budget blue print in a dick quayed of $4.6 trillion worth of cuts. >> my goal is not to chase a balanced budget just for the sake of balance. my goal is how do we grow the economy put people back to work and if we do that we are going to be bringing in more revenue. >> chairman ryan's proposal hits some of the president's

achievement such as privatization of medicare as well as obama care. he suggests cutting 124 billion from that particular program. he went on to say the responsible balanced plan is an invitation for democrats. the difference is balancing the budget sunday getting the debt on a path to be paid off so our children have a debt free nation. >> the house budget committee will be marking up its proposal today while senate budget committee chairman patty murray will be giving a plan with tax increases and 100 billion in a new jobs package. >> elizabeth prann live for us from washington. >> first degree weather update with janice dean.

>> for a couple days it will feel like winter again. it will be tops see turvy. that's how march is sometimes. look at the last hooray of the form system across the central u.s. over the weekend. lake-effect snow across the great lakes. as patty mentioned temperatures will dip to 40 degrees, 36 in new york, 46 in dc. a little bit of a warm-up as we head into the weekend then we go right back into the cold unfortunate unfortunately. 18 in minneapolis. i want to take a quick look at europe because all eyes are on rome. paris 23 degrees over a foot of snow. cold in portions of europe. all eyes are on vatican city as people await for the pope to be chosen the white or black smoke. if you are headed to saint

peters square 56 degrees uncelted weather. dress appropriately. back to you heather and patti ann. >> you look very springy in your pink sweater at least. >> you have to do it somehow, right? >> it is 10 after the top of the hour. coming up department of homeland security is supposed protect our borders. did they just give away a key secret to a tv show? >> the government telling companies what they can and can't tweet. the new rules for expressing yourself in 140 characters. smoke could appear from a chimney of the sis steen chisti pell. we will have news as it comes in. [ dylan ] this is one way to keep your underwear clean.

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>> the democratic controlled senate making it mandatory for

gun checks. it would require licensed dealers to keep records of weapons transfers as well as for private sales. a full senate vote is expected for next month. if you think your twinkie stash was start to go run low? don't worry the iconic snack could be on store shelves by next summer. >> that is the new word the $410 million joint offer earlier this week. will the world for give and forget about lance armstrong's doping admission? we will get this. that is the hope of the disgraced cyclist. armstrong told a texas newspaper former president bill clinton got a second chance and so should he. >> little difference there is but okay. if you used h and r black to file your taxes you could be waiting a while to get your

refund. >> good morning. up to 650,000 people could see their taxes delayed because of a slight clerical error. if you take this student tax credit, reduction but credit, it has to do with having a y for yes and an n for no into the blog on the file 8836. they didn't do it. any one that filed between the 14th and 22nd you could have your frrefund delayed but you wl get it eventually. >> twitter, three words ththe wt have to be in a tweet. >> you know the disclosures they don't play happy fun ball in front of a fire. now the fcc said if you have a tweet you have to put a disclaimer at the beginning either 9 letters sponsored or three character for advertisement. their belief is people if kim

kardashian were to tweet to follow lowers just got a lip injection of clish fat they won't realize it's an ad. you have to put the disclosure in there or it is subjected from the fine. >> do you have at that clarify it's an ad or some go further with the historical weight loss or weight loss product? >> you have to identify it has a product. it has to say this is an ad or endorsement or sponsor. >> what about a rollover. you can use it on the computer if you roll your cursor over something you get more information. >> you can't do it on a smart phone. >> it gives you a purple box for political ad advertisements it moves over that it gives you the disclosure. the fcc is saying you can do that as long as you don't have a

brick and mortar. just listen to kim kardashian who said hey i got my lips injected. that's what the fcc is saying. they aren't smart enough it could be an advertisingment>> without to doing the due dilige. >> still ahead pet owners listen up. why you may soon see a change with the 30 frekdz healthcare. and she got the judge to throw out her pre-nup and now this couple's divorce may have just changed the rules for every married couple. arthur aidala brings it down next. we are following breaking news out of vatican city waiting for smoke from the sistine chapel. it could come at any moment. we will bring you details in a moment.

>> here are quick headlines. it may not only cost you more as a doctor but you may have to pay more to keep your pets healthy. it's an exercise tax on certain medical device that is went in effect. some of the items are used on pets and people. it's a new discovery at department of homeland security. it highlights the northern border. the reported crossing for the terrorists behind the first attack on the world trade center. some argue it is giving up our security measures. the dhs has not commented.

heather? >> well, breaking up is hard to do, but breaking up a pre-nup is even harder. however, a new ground breaking case has people frantically trying to get out of their contract this after a judge through out a pre-nup after a woman proved that she was coerced into signing it days before her wedding. so are pre-nups to become null and void? fox news legal analyst arthur eye aidala. thank you for joining us. is this going to set a precedence? prenumbs going to be a thing of the past? >> you ak are thely refer to do it as a contract. even in criminal law when somebody pleads guilty one of the questions the judge asked the defendant they let ten you to plead guilty. they don't want guilty people

pleading guilty. in this case the brooklyn appellate decision through it out. what if he found is two-days three-days before the wedding the husband said to the prospective wife you need to sign this. you don't sign this i am calling off the wedding. her family put down a 40,000 dollar deposit on the wedding so she had this financial duress and the court said she proved that she was -- shea didn't do this with a cheer led. he didn't have clean hands and she wasn't free of mind and spirit. >> he said he allegedly promised to fix it up once they have kids. >> da worry once we have kids it is gone. the court in a rare decision we believe you and said we are throwing it out. >> you stais rare but there are ways you break upout a pre-nup. one of them was if a person was

tied ding up. >> heather my love i am broke all i own is this car. besides that i have 5,000 dollars. but really i have a $20 million real estate portfolio. if you weren't able to bring that to court. the court wants everyone to have clean hands. if you were lied to you are a document. >> second if coercion was involved. >> if you don't sign right here i am leaving they are losing their money all your friends you are an embarrassment you have to sign. no good. >> if the pre-nup had unenforceable conditions. sometimes there are clauses in there that says if this happens then that happens. under all laws you can't have those. >> what would be unenforceable conditions? >> children, bearing children.

those are things we are not in control over. we may try to be but there's somebody else. >> give me a boy first something like that. >> good example. lawyers put language in there you can't get around the coercion. you can't get around the hiding of access. the ground breaking efforts of the case the judge says you should take the document. you come to the court and prove to us you were lied to and you were forced into something we will allow to you break it. that's the ground breaking aspect. >> we see a lot of people looking into it because of that. >> thank you for joining in this morning. >> waiting for the pope. >> it might happen next. we will see. >> 25 after the top of the hour. >> you can add it to the differences between men and women. why you may want to leave your wife alone while she is watching

"fox & friends first" for example. tsa, why you can take knives on a plane. some are trying to take an action to that new policy. azar thurr is mentioning in vatican city smoke could come from the chimney on the sistine chapel at any moment. we are live with the latest. fi military families face, we understand. our financial advice is geared specifically to current and former military members and their families. life brings obstacles. usaa brings retirement advice.

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>> good morning everyone. you are watching "fox & friends first". i am patti ann browne. >> i am heather childers. it is half past the top of the hour. we a we begin with a fox news alert. we are look live at the chimney of the sistine chapel. at any moment we could have the cardinal fist vote this morning. >> this is the second day of the papal conclave. two votes could be held in this morning's session in an effort to select a new pope. shepard smith is there live outside of saint peters square. as we look for the smoke, during the talks a divide was exposed from those who want a pope from inside verses those who want an outsider. >> that is true. that's basically how this thing is going to be divvied up. there are two schools of thought

of how to make it better with any trials or tribulations inherited with any size or structure. one way to do it with the government if you will. other ways bring in an upsider. of course the over riding concern is they are able to spread the gospel and bring more people into the fold. those are the challenges. we know there is something that we will be discussing. the bank prices became some of the discussion here. some may have been vulnerable to blackmail there may be money laundering going on. cardinals have been asking a lot of questions about it. so many are asking can we do that with the group that is now in charge. we need to bring in an outsider. it would mean profound change for the church. we could know in the next few minutes if there is a new pope. we may have to wait as long as we wait. >> speaking of as long as we

wait around 7:30 our time we expect to see smoke of some sort regardless. >> unless we see it nr the next few minutes. the thinking is they went in there at 9:00 local time so about an hour and a half ago the thinking was they vote from now. two-thirds majority or 115 cardinals voting. if nobody gets to the 77 they don't bother with the smoke. they go an hour or so and then they vote again. that's the morning session. then they will take lunch break. before they do they will let us know we have a pope or no we doo a pope. this afternoon they will do the same thing again. if they have a pope they will send smoke up. another vote and send smoke up by 4:30 local time this afternoon we will get smoke again. if we don't have a pope we play be in a long hall.

there are candidates whose camp have been jockeying for votes if either one of them gets picked we may have a big surprise in the this long list of possibilities. >> the average is just over 3 days for conclaves in modern times. but this one could go longer than that. what about the americans? there are some talk two of them might be in the running. >> right. one from boston timothy cardinal dolan. both seen as reformers both seen as the outsider who might be able to come in and shake things up. anybody who has seen card dal dolan he's a gregarious type. he's a new yorker through and through and would be a fascinating twist here in rome. you want to set italy on its end bring in the man from new york. it would be a fascinating thing.

the delegates and others would remind you. this is about listening to the lower and spreading the gospel. this is a very spiritual event and whatever happens is god's will. they spend a lot of time in prayer and making sure their over riding concern the word of the lord be spread properly through out the church as they have tried to do for so many centuries. it is interesting fascinating sometimes humbling to be involved in something that has been around wronger than we c-- than we can image. >> nice to see you. >> great to see you guys early in the morning. >> absolutely. it is a budget battle on capitol hill between democrats and republicans. president obama jnow joining in the war. but is it really outreach?

oo from the white house to capitol hill that will be the well born path for the president this week as he tries to reach some kind af budget deal with congress. we saw the motorcade roll up to the capital yesterday as the president met with democrats. he will be back there today to meet with republicans. he hasn't made office but his numbers are slimming. when it comes to the budget let's talk to george stephanopolous. >> my goal isn't just to balance for the sake of budget. my goal is how do we grow the economy and put people back to work. if we do that we are going to be bringing in more revenue. >> that comment grew a singing review from one of the republican house leaders. >> how does he forget what he says? one of the first goals in the first four years was to cut the deficit in half. now he doesn't care. he doesn't even produce a budget.

i bet you he fills o spends mor time filling out his march madness bracket than he does focusing on the budget. >> the republican point man for the budget is congressman paul ryan. he gave his plan to balance the budget in 10 years. he wants revealed obama care. they are about to layout a plan that donesn't balance the budge raises taxes and includes a big stimulus package also very unlikely to happen. the president's plan we don't have it yet. by law he was supposed to submit a budget back in february. the white house is now saying maybe april. doug luzader thank you. >> it is time for your 5@5:30. the top five stories making news for you at this hour flachlts still burning in the gulf of mexico. it started late last night after

a tug boat pulling a barge in a pipeline about 3,000 barrels of fuel. they suffered second to third degree burns. they started letting it burn out because shallow waters are causing trouble trying to get close. the new policy would allow lives by planes. ed marquis is filing tol help the policy go forward it would be the first time since 9-11 passengers would be able to bring folding knives with small planes. daes it's a dangerous job. >> they have identified three crew members in washington state monday.

a friend of one of the victims 26-year-old lieutenant valley delaney of maryland said they were shocked and saddened to hear the news. >> just don't want to believe that something is going to happen to anybody that you love that is in the military. >> we are doing everything we can there's nothing you can do. so we are just there for anything they need. >> military spokesman says it piered the crew did not need ne jets from the aircraft before it crashed. the cause of the accident cannot be determined. >> we have learned president obama's pick for next secretary of labor has a past. he led the obama administration assault on voter id laws last year and served as a board member for an advocacy group for illegal ail yenses. he is also said to have worked with hard-core islamist groups and applauded those who lobbied against airline security measure.

it is official women are grumpyer than men in the morning. but for good reason. new study finds that women need more sleep than this to keep their body healthy. when they lose sleep women suffer more mentally and physically. it causes depression anger increasing risk of heart disease. rye searchs say men's health isn't that way. >> that's not fair. before you leave the house this morning let's get the first degree weather update with janice dean. >> she is not happy about this at all. >> janice is not grumpy. >> you have seen me at 4:00 in the morning. not like this. >> you wake up with a smile. >> we are watching the smoke we are watching the potential for smoke. saint peters square the sistine chapel. a little bit rainy forecast there. we will have to really watch

closely to see if we can see that smoke coming up. will it be white or will it be black? we are keeping an eye on it. that's our smoke camera. current temperatures across the u.s. 18 in minneapolis 27 in chicago. 40 atlanta. 28 kansas city. much of the country still cold. look at phoenix. 62. why am i showing you phoenix? we could flirt with record highs this week. look at that 90 degrees for much of the workweek heading into the weekend as well. average high around 76. little early for 90 degree temperatures in phoenix, arizona. >> that's not fair for you to show that to us. >> i know. >> now i am going to be grumpy. >> she is never grumpy either. >> your doctor probably prescribed it for you for a cold. now we have a warning about a popular antibiotic. >> plus the white house may be closed to the public but that's

not stopping the federal government from spending millions of dollars to study art. we are following the breaking news out of vatican city where smoke from the sistine chapel could appear at any moment. we will bring you the details as they come. license and registration please. what's this? uhh, it's my geico insurance id card, sir. it's digital, uh, pretty cool right? maybe. you know why i pulled you over today? because i'm a pig driving a convertible? tail light's out.. fix it. digital insurance id cards. just a click away with the geico mobile app. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8.

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sue oo some quick headlines now. new reports claim the government is stockpiling enough smallpox medicine to treat 2 million people in the event of a bioterror attack. the price tag whopping 463 million bucks. critics say the feds are wasting money buying too much of the drug at way too high a price. $7 million to settle complaints it violated people's prooi see while u -- privacy while using the technology. as part of the state they

destroyed the data and educate employees on consumer privacy. >> the people's house is still closed for tours. the sequestration also has people out of jobs and thousands being furloughed. you will never believe what the government is still spending your tax dollars on. fox business network diane macedo has the story. some of this stuff is unbelievable. oh oo t/*>> the federal governm doesn't have enough but it managed to scrounge up $43 million for topics like how to fall from trees. actually more than the pres presequester average. the grants gave new funding bringing the total the government spent on research and development to roughly $40 billion. that's ma money going to? 28,000 is going to the study i mentioned how to fall from trees

biomechanica and ecology. more than 600,000 dedicated to linking behaviors to demography to understand albatross's population response to climate change. 2.4 million dedicated to the earth in action looking at the size and shape of the earth. 140,000 will pay for pictures of animals to evaluate the evolving depiction of animals. even the tsa which warned almost immediately after the effect it would cause furloughs over time cuts and airport delays sign add deal for reerl $60 million in new uniforms days before them. you have spending cuts it's a question of priorities and clearly this is where the government should be right now. >> $60 million in uniforms made in mexico by the way.

the time is almost 15 minutes to the top of the hour. are you definitely afraid of a certain animal or food? doctor keith ablow is here to determine if you are normal or nuts. >> we are watching vatican city where smoke could come over the city at the sistine chapel. fox and friends will continue that coverage. right now checking in with steve doocy to see what's coming up next with us. >> we are going to be keeping an eye on the 6 foot copper smoke chimney. we have the smoke cam installed. also completely unrelated you will see the president of the game show network how the healthcare system killed his father and how we can fix it. you know the charm offensive the president heading back to capitol hill. it's all a joke. it's a tactic because his poll numbers are plummeting. keep an eye on the chimney.

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>> welcome back. here's a quick look at the headlines for you. a new warning out for the antibiotic better known as z pack. officials say it could cause potentially deadly heart problems creating an irregular heart rhythm. he might have been off duty but a milwaukee police officer wasn't requestigoing to let a c get away. he followed him four blocks

until the suspect gave up. well it turns out the guy had just robbed that bank. not his lucky day. >> from tum to time we ask ourselves are we normal or not. dr. keith ablow we are not sure. he's here to answer some of your questions. thank you for joining us. >> we have one e-mail that says i feel guilty i have had post traumatic distress disorder for years. i am not a soldier i can't tell anybody it is associated with military personnel exclusively. i got sick of trying to explain to people that other people get ptsd for other reasons and i didn't survive an ied, am noirmal or not? >> here's the thing that is a concern i hadn't thought about frankly. veterans do need such health the help these days it seems to be a

military phenomenon. it is not just that. i would tell this woman there are all kinds of battles in life. you have been there in a way you have been traumatized. don't feel this label this man tell ought not apply to you. it does get help. >> they say i feel guilty my life is not as bad. each person's life is different and we are all ex quiz italy sensitive. your story is yours mine is mine and we need to understand all of it. >> i get a new par of soap every time i take a shower. i don't want to use an old one because it's dirty. >> that is nutty. here's the thing. i love this as a metaphor. while you are focused on the bar of soap and whether or not it's

squeaky clean isn't it convenient it allows the person to avoid all of the parts of his or her life that might not be so squeaky clean. this is a way to look at the parts of yourself that need to be looked at. use that symptom only as an introduction to talk about the things that you have never wanted to talk about. then you might not care about the subject. >> much deeper issues there. this is my last everybodying mail. my best friend is afraid of owls and baby corn. she freaks out if she sees either one. maybe it's something deeper is she normal or not? >> if that is normal that person -- it is crazy. baby corn might hurt you but the bar of soap question. get into the root of the problem find out what really scares you. >> dr. keith ablow thank you s s

always. >> five minutes until the top of the hour. next on the rundown one team learning the hard way a bet is not always worth it. don't go anywhere. we are following the breaking news out of vatican city. smoke out of the sistine chapel. stick around. [ male announcer ] when it comes to the financial obstacles military families face, we understand. our financial advice is geared specifically : call 877-242-usaa.

i'm kirk cameron, 400 years ago

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