>> good morning to you. it is friday july the 12th. i am heather nauert. he could go free or face life behind bars. the fate of george zimmerman may rest in the hands of that jury. the jury is being given a new option to consider. we will tell you about the controversy straight ahead. the debate over the benghazi terror attacks. they are behind these controversies. what she told congress. a scam that might do more than

cost you money, it could cost you your health as well. fox and friends starts right now. >> good morning. you are watching "fox & friends first" on this friday morning. i am patti ann browne. >> i am heather nauert. thanks so much for starting your day with us. let's get to the top story right now. in just a few hours the final stages of the george zimmerman trial will play out for everyone to see. you better bet this thing will be really dramatic. for all of the details let's go to mary ann rafferty. >> good morning. bern the prosecutor called george zimmerman a liar and should be put in jail. >> he profiled him as a criminal. he assumed certain things that trayvon martin was up to no good. >> judge deborah nelson can

consider manslaughter in addition to the second degree murder charge. it carries a maximum 30 year sentence. felony murder based on child abuse. ramirez is expected to spend 3 hours laying out the closing arguments that will be followed by a prosecution rebuttal then they move to the all female 6 member jury. >> that is being streamed live. >> the family of lee rigby gathering for a private military service in northern england. he was shot to death in broad daylight on may the 22nd near his barracks in what is being called an islamist attack. two men have been charged with his murder. new developments in the fort hood massacre case. nadal hassan will not have access to evidence of pain for

the surveillance intelligence act. we learned that the runway for the crash in san francisco will reopen this sunday. late last night crews started removing the wreckage in order to begin repairs. the ntsb also releasing dramatic picture showing the charred cabin. look at that right there. there has been no evidence of mechanical problems and that puts the focus squarely on the investigation of those pilots. >> eliot spitzer beat the deadline to run for kroerl of new york city. he needed 4,000 signatures he said he got 27,000 but that may not be the final say since his opponents could challenge the signatures based on insufficient

information. he announced he was running 4 days ago. >> on capitol hill senators grilling a democratic nominee of her editing the crucial talking points for benghazi. >> victor you new land crafted the infamous talking points. congress demanded answers. elizabeth pran is live with more on this. >> good morning. victor you n victoria new land is the choice for chief u.s. envoy for europe. she faced tough questions from the foreign relations committee hearing yesterday. the spokeswoman stood her ground when it came to defending her role of the talking points by saying her capacity was a communications role not a policy one. >> at no point was i ever told to object to anything i was asking on-line. instincts and asking for a higher level review to check

them and i did not make any edits as i said. >> rand paul when he polled new land for evidence personnel in benghazi may have convertly run weapons to syrian rebels. >> perhaps people were unhappy about arms being taken from one group to another and sent to another that may have insighted the rioting or a terrorist attack. >> senator i would be delight to do talk to you about the relationship between the state department and the cia in a separate setting if that's helpful. >> lastly nuland says hillary clinton played no direct role in shaping those points. >> randy travis remains in critical condition as he recovers from brain surgery. the 54-year-old had a stroke last night while being treated

for heart failure. here are two new tweets. brad paisley tweeting we are all pulling for you randy. martina mcbride tweeting praying for randy travis. >> edward snowden says u.s. off if i were shalls have been waging a campaign to prevent him from taking up offers of asylum. he plans to meet with human rights groups at the moscow airport later today to discuss what he calls more evidence of leaks snowden revealed microsoft gave the nsa access to user's e-mails and sites calls as well. the guardian newspaper reports that microsoft also helped the agencies get easier access to the cloud storage service. expect we will hear more about this. >> the nsa scandal not only costing your privacy but also getting into your tax dollars. with more on that is lauren

simonetti. >> pwe are putting a price tag n private phone calls. they are worth 5 million a year to the government. guess what? you the tax payer are footing that bill. they looked into the numbers given and verizon charges $775 for the first month of wire capping and 500 bucks each month after that. at&t $325 activation fee and 10 a month. e-mail cheaper estimated to be around $25. facebook says it doesn't charge at all. take a look at wall street. getting the bern neighboring key balance record high for the dow closing at 15,461. a new record high for the s&p 500 as well. nasdaq at the highest level in almost 13 years. the fed stimulus is here to stay even longer the money printing is going to continue.

finally sprint customers get unlimited data for life for $80 month. they want to keep customers from fleeing to verizon and at&t. it follows takeover by a japanese company as well as the purchase of the network operator clear wire earlier this week. >> lauren simonetti from fox business. thanks lauren. it is friday planning a big weekend out with the family you are going to want to know what kind of weather to expect. especially since we are going to the gamyankee's game. >> areas across the atlantic and to the southeast have been seeing a lot of heavy rain and are expecting to continue to see that. unfortunate if you have outdoor plans in south carolina or virginia. we have heavy rain with flooding with watches across several of these areas all of the way down

even into parts of georgia. a widespread area that you are seeing that rain sitting over the area impacting them and you can see the shading in red and orange and also yellow. that's what we are talking about significant rainfall amounts in a short amount of time. as we head further west we have the risk for severe storms. we have had it in place across sections of the midwest and parts of the northern plains. you are seeing that in minnesota, north and south dakota damaging winds large hail and isolated tornado. 92 for the high rapid city. yesterday you were expecting highs in to the triple digits. 102 in dallas. san antonio a hot day for you as well. 102 degrees. triple digits in san antonio. san antonio low 90s.

>> your favorite viral videos of the week. first up most infamous past in recent history. >> you are a machine. you are a machine. how do you stop this? >> that's not all. >> all right. oh my god. >> he is crying. our own pbrian kilmeade taking out trick shot titus. he is a viral sensation. he was sinking bucket after bucket so brian hit him in the face with the ball. luckily he was okay. >> funny man adam sandler getting mauled by a cheetah with his family. says he was trying to give the brisky feline some water. >> then some smart impalas figure out the safest way to avoid a pack of cheetahs this to jump into a ture rist car. fortunately all of the impalas

and drivers were okay. >> e-mail us at foxfriendsfirst@foxnews.com. >> you can vote in our poll at foxandfriendsfirst.com. it is 10 minutes after the pour. a stunning medical warning. if you worked late into the night you want to hear this one. >> the video you are about to sees unbelievable. >> incredibly everybody made it out alive. we will have that story. jimmy kimmel will have a few laughs at brian kilmeade's expense. >> trick shot titus is very good shooting basketball. he made his appearance on fox and friends. he made shot after shot until brian kilmeade hit him with the ball and made him cry. shame on you, brian you monster.

you are a monster spersonified. eventually he calmed down. they brought him in the studio. wonderful lesson, encourage him to exact revenge on his new foe. i have a good idea buddy. take that ball and throw it as hard as you can at that. right here. right here. [ brent ] now steve's looking pretty good so far. [ herbie ] eh, hold on brent, what's this? mmmm, nice car. there's no doubt, that's definitely gonna throw him off. she's seen it too. oh this could be trouble. [ sentra lock noise ] oh man. gotta think fast, herbie. back pedal, back pedal. [ crowd cheering ] oh, he's down in flames and now the ice-cold shoulder.

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>> 1r5 minutes after the hour. there is brand new dna evidence break ago cold case wide open at this hour. dna taken from the boston

strange l strangeler victim shows a match with albert de salvo. he confessed to the murders later recanted and was released. >> my mother didn't know other people were living with his memory as well. it's amazing today to understand that people really did care about what happened to my aunt. >> investigators will exhume de salvo in hopes to directly linking him to that woman. >> they will give health insurance to part-time workers. they offered it to those who worked 20 hours a week. they say they were cut because of added expenses brought on by obama care. they have to scramble to get subsidized coverage. >> you can buy your kids one of their favorite drinks. a new limit on the level of

arsenic on apple juice. this after more than a year of pressure who have been worried about the chemical effects on children. arsenic is known to cause cancer and the fda is allowing the same amount in the juice as they do in water. good to know. 17 minutes after the hour. have you heard this one patti ann. the government spending $34 million on a military post say no one will ever use, this gets a whole nlot worse. you want to hear what the white house is saying about it. >> can you be sued for gaining weight? the survey says yes. details on the biggest loser lawsuit ahead. this is greta. she works in quality control.

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>> 21 minutes after the hour. good morning to you. it is now 21 minutes after the hour. we take a live look outside here in mid town manhattan. we have the blues travelers coming in patti ann. along with barbecue. it is time now for a few quick headlines for you. one of the teenagers who is seriously injured in a para sailing accident is now out of the hospital. alexis fairchild will continue her rehab at her home in indiana. she suffered a broken back and the other person traveling with her will remain hospitalized and will have to undergo reconstructive surgery to repair

fractures in her face. she crashed into a ball can knee after their para sail broke free from a boat earlier this year in florida. >> a girl is back home safe. she has two teenaged boys to thanks for it. the girl was kidnapped around 5:00 in pennsylvania. two hours later a 15-year-old boy and his friend spotted the girl in the passenger seat of a moving car. they immediately chased the car down on their bicycles. >> as soon as the guy turned we were chasing him. she ran they let her out she ran to me and said she needed her mom. she was not hurt and police are looking for her kidnaper. >> there's a new study by the international journal of cancer. working the night shift can increase the women's risk of breast cancer by 30 percent. this study agrees with previous studies which finds working overnight can cause depression,

diabetes and even heart disease. the reason they sited researchers claim the lifestyle changes that occur when you go against your biological clock can contribute to these diseases as well as cancer. >> i would think hormones, too. we celebrate the life of a game inventor who told showed the world how to twist and shout. flush >> chuck foley was one of the inventors of the game twister. that turned into a worldwide sensation after johnny carson played it with ava gab bore back in 1966. the game inventor died of complicatio complications from a disease. we told you a minute ago about working late into the night. you want to hear this one we will tell you more about this in a little bit. >> he swam for five straight hours in complete darkness

through a sea of jellyfish. >> it had to be done. >> why did he do it? we will tell up and you will have goose bumps. first on this day in history back in 1862 the first medal of honor was created the heist military distinction. the great outdoors, and a great deal. grrrr ahhh let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com.

>> good morning to you. it is 27 minutes after the hour. welcome to "fox & friends first". i am heather nauert. >> i am patti ann browne. the final stages of the george zimmerman trial to play out for everyone to see. the prosecutor called zimmerman a liar who should be convicted of murder for shooting trayvon martin. >> he made the wrong assumption. he profiled him as a criminal. he assumed certain things that trayvon martin was up to no good. >> the lead defense attorney mark omira is set to layout his closing arguments in the case this morning. the jury expected to get the case by this afternoon. the judge -- jurors can consider

manslaughter charges in addition to that second degree murder charge. more on this through out the day. patti ann? >> have you heard about this one, the government spent $34 million on a military post no one will ever use. listen to jay carney's response when asked whether the president was outraged. >> i haven't seen the report but we are outraged wasteful spending in general. i am not aware of this report or any specifics about the base that he described. >> commanders in afghanistan warned the pentagon three years ago they did not need it. >> they are not watching fox over there. we reported on that yesterday. solar panel solyndra received half a billion dollars in government loans and then it went belly up that collapsed triggering a criminal investigation. officials wanted to know if the executives lied about the

company's financial situation when they applied for the lone. we are finding out the company's founder and ceo will likely get off scot-free. sources say no final decisions have been made to bring charges against certain executives at that company. patti ann? >> a man springs into action after his family's boat cap sizes. he was spending time at sea strong waves engulfed his boat spending everyone in the water. he swam five hours in complete darkness through a sea of jellyfish to save his family. >> i didn't know what was going on with them when i was gone. it was getting nastier all of the time. >> rigs guided rescue crews to his loved ones. incredibly no one was hurt. >> the video you are about to sees simply unbelievable. check this out.

>> wow. that terrifying car crash happening in china. a 71-year-old driver falling asleep at the wheel before hit ago tree going airborne slamming a car in the opposite direction. the drama filled scene filmed on a dash board camera. amazingly everybody was okay. >> the debate over the benghazi terror attacks again as senators grilled a diplomatic nominee over her role in the benghazi talking point. doug luzader has more. >> there was drama. victoria new man may not be a household name but she is a central figure in the benghazi scandal. she is also up for a new job that assistant secretary of state to europe. that requires senate confirmation and opens her up for questions yesterday. she was the person at the state department behind some of the changes behind those now

infamous talking points that led then u.s. ambassador susan rice to spread a false narrative that the attack on the u.s. council of benghazi that has a protest that spount of control. >> at no point was i ever told to object to anything i was asking on-line. instincts asking for a higher level review and i did not make any edits as i said. >> listen to this because rand paul also asked whether there was a cia operation. >> there are many of us who believe that it had to do with the head of the cia and then perhaps people were unhappy about arms being taken from one group to another and sent to another that may have insighted the rioting and may have insighted the terrorist attacks. >> i would be delighted to talk to you about the relationship between the state department and the cia in a separate setting if that's helpful. >> nuland did say hillary

clinton played no role in the talking points. patti anne? >> doug luzader live in washington, thank you. >> before you leave the house let's get your first degree weather update with maria molina. what are you watching today? >> we are talking about flooding across sections of the southeast and parts of the mid atlantic. if you live in cities like washington, d.c. or further south along the coast you are going to need to take the umbrella to work today andct tos we kickoff the weekend on saturday. unsettled around here. we have flood watches and warnings and flash flooding ongoing. some sections that were maroon, some sections of southern parts in virginia and down into georgia and south carolina you are looking at flooding ongoing right now as we speak. heavy rain coming across parts of georgia up into sections of maryland the thunderstorms we

are expected to see dangerous conditions on the road as you head out to work early this morning and parts of the northern plains north dakota, south dakota are talking potential for severe storms as we head into this afternoon and this evening with damaging winds and large hail being the main concern. as far as temperatures go it will be a hot day yet again across parts of the central plains. summer is supposed to be hot but triple digits are dangerous across parts of texas. high today 100 in san antonio. if you are headed outdoors for a long period of time another triple dig get time headed to texas. here in new york city not bad 80 degrees. for tomorrow expecting relatively dry conditions we can't rule out a thunderstorm. >> not bad. thanks maria. >> and it's time now to entertain this. call it a bundle of bets. england betting at 5 to 1 odds

that prince william and kate middleton's baby will arrive this sunday. also repredicting it will be a girl they will name alexandria. actress halle berry going down the aisle. she and fiancee martinez tieing the nknot this weekend. they announced their engagement last month. a former biggest loser contestant is being losed for gaining weight. she gained back 45 pounds. costa who lost 155 pounds on the popular show says during the time frame she was locked into the deal she was the most fit she is ever been in her life. >> derek jeter getting hurt in his first game off the disabled list. going 1 for 4 but left for a pinch hitter after his right quad stiffened up.

he's slated to have an mri later today. >> he's formerly known as ron artest. he played for the team for four seasons and played a key role in the lakers championship in 2010. america's past time is a lot more like downtime. there is 18 minutes of action during a typical three-hour major league baseball game. >> you want to stick with the lights after the fact i guess. >> 36 minutes after the hour and coming up irs officials say they are going to stop wasting your tax dollars and end those bonuses for union employees. this just in. it is not happening and we will tell you why. >> one week after she dumped her long time publicist another huge announcement from paula deen. stick around. [ jackie ] its just so frustrating...

♪ the middle of this special moment and i need to run off to the bathroom. ♪ i'm fed up with always having to put my bladder's needs ahead of my daughter. ♪ so today, i'm finally talking to my doctor about overactive bladder symptoms. [ female announcer ] know that gotta go feeling? ask your doctor about prescription toviaz. one toviaz pill a day significantly reduces sudden urges and accidents, for 24 hours. if you have certain stomach problems or glaoma, or can not empty your bladd, you should not take toviaz. get emergency medical help right away if your face, lips, throat or tongue swells. toviaz can cause blurred vision, dizziness, drowsiness and decreased sweating. do not drive,perate machinery or do unsafe tasks

until you ow how toviaz affects you. the most common side effects are dry mouth and constipation. talk to your doctor about toviaz. >> and you are looking live at new york city as the sunrises and folks start to make their way around town. >> happy friday to you. the queen of southern cooking is cleaning house. a week after firing her long time agent paula deem dumped her legal team and hired a new set of lawyers. deen has been em broiled in scandal after using racial slurs. deen and her man ger are being sued for discriminatory treatment of employees.

researches at the university of cancer saying the group developed a wonder drug they say helps the immune system breakdown cancerous tumors. scientists say it has been successful in curing mice and breast prostate and brain cancer. it will debut next year. boy would that be exciting. >> remember how we told you about the irs potentially ending bonuses for union employees? well it looks as though they are going to be getting those checks after all. fox business network diane macedo has the story for us. >> good morning patti anne. diane war feld won't be able to keep the promise to halt all irs bonuses this year. he says quote in the unprecedented budget situation i do not believe the irs should pay performance bonuses to employees managers or executives. this is not a measure of the quality of performance done by you and your colleagues but an

unfortunate by product of the defendant budget situation we find ourselves in. the national treasury employee union which represents irs says tax payer bonuses already promised to unionized irs workers must be paid because their intended for work done in 2012 before werfel canceled them. the irs is under fire for scrutinizing nonprofits asking for nonprofit status. it was announced last month at that time the irs was playing to pay out $70 million in employee bonuses. >> all right thank you very much. >> it is 43 after the hour. the white house is hitting one school really hard for failing to comply with new lunch standards. the price students and parents are now paying for not following the president's rules. we will tell you about that. >> buyer beware. on-line medical scams that might cost you more than money. they could cost you your health.

right now let's check with steve doocy to see what's coming up on "fox & friends." >> coming up a man on his way to cover a flash flood warning gets caught in a mud slide. going to tell us exactly how he escaped and the pictures are amazing. anna kooiman is live in sea war world with the latest attraction penguin with new antarctica. >> blues travelers perform live on our plaza. drop on by 8:00 hour. former new york city mayor in 2008 presidential candidate rudy giuliani testified this week on political correctness. why he said it's hindering our ability to test america and what can be done to change that. >> fox and friends kicks off in 17 minutes right here on your channel for news. tony used priceline to book this 4 star hotel. tell 'em why.

free breakfast with express deals, you can save big and find a hotel with free breakfast without bidding. don't you just love those little cereal boxes? priceline savings without the bidding. thanks, olivia. thank you. so you can make a payment from your cell to almost anyone's phone or email. (speaking french) so you can express your gratitude... in the moment. chase quickpay. so you can. has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so...

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>> the massacre case a federal appeals court ruling nadal hassan will not have access to evidence of pain the evidence used against him. he faces execution for life without parole if convicted. a little girl's phone call made the difference between possibly life and death. 5-year-old chloe olson sprang into action when her mom started choking. >> i heard mommy coughing and i said mommy, are you okay? >> she picked up the phone and dialled 911. >> 911, what's your emergency. >> hello. daddy. daddy. mommy is choking.

>> she is choking. >> yes. she can't talk right now. >> okay. she can't talk. >> no. >> okay. can you open the front door and i will get help over to you? >> chloe called that 911 dispatcher daddy because she thought that's who would be on the other end to save the day. chloe's mom stopped choking before the emergency crews got there. >> a school in louisiana losing big money for not complying with new lunch standards. they say it's not their fault. officials at the school are out 300,000 bucks because students just don't want to eat the new healthy choices. students are either throwing the food away or not buying the lunches at all. toyota redesigned rav-4 flunked a safety test. the institute for highway safety says the small suv received the worst possible score on a front collision assessment. subaru forrester is the safest

suv. >> we have all done it we have checked out the miracle waste loss -- weight loss product on the web or prescription on lane. buyer beware. you are here to breakdown some of the medical scams that can cost us a lot of money. then of course also our help. some elderly people in particular get the free medicine scam that is come from tell marketers. are those for real? >> be aware when they say $200 you get all of your medicines for free. those are scams. sometimes the drug companies will offer you discounts. there's a group pumping patients.org that you can go through to sort through this. the states under medicare and medicaid some of them will offer you programs where you can get your prescription drugs much cheaper that's not the same thing as a tell marketer pay get everything for free. >> hang up on the phone if someone calls you and tries to

get you into that. >> medical identity theft. how does this happen? >> i want people to be aware about going electronic. i ask for your medical insurance number your credit card information. someone can get that and show up at a pharmacy pretending to be with you to get drugs they are addicted to like pain-killers. get calls like that i never wrote the prescription. physicians should be aware and patients should be aware. >> one thing patients should do is try to prevent themselves from posting medical information or insurance information on-line that can be hacked into. >> beware health insurance numbers are the same kind of privacy as credit card numbers or social security numbers. >> good to know. fake on-line pharmacies all of the time on the internet. >> that is one of my pet peeves. a lot of them are using prescription drugs from overseas. the quality hasn't been checked. >> it is made in china

completely counterfeit. >> if you can go on-line and get viagra and nobody wrote a prescription for it that's a scam. i don't want to you do that. go to your doctor and see if you can get the medication. >> what about all of the unproven remedies you see them pop up. >> anti cancer anti-aging they are going to make you young again. listen, the bottom line is if they don't work. if they are basing it on testimonials remember than st-- than studies, it worked for me this is a cure that worked through the ages. from the ancient egyptians that stuff never works. >> good to know. >> especially for curing cancer that's one where they prey upon to help them. >> that's preying on people's fears. >> fox news medical a team dr. seigel. >> it is 51 minutes after the hour. coming up it's the "fox &

friends" video that has gone viral. brian kilmeade did you see that? he hit the poor little kid in the face. >> the kid hit a shot and brian kilmeade beat him with a basketball. >> how much. >> it's your last chance to answer our question of the day or weigh in on our viral video of the day. we will show you your pick coming up next. [ woman ] we had two tiny reasons

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headlines now. eliott spitzer just beat the deadline to run for comptroller of new york city. he needed under 4,000 signatures to get his name on the ballot. he says he got 27,000. of course that may not be the final say. his opponents could challenge those signatures based on incomplete information and if that happens it could end up in court. spitzer announced he was running four days ago. randy traeufs remains in critical condition. he had a stroke while being treated for heart failure. country singers are showing support. martina mcbride: praying for randy travis. the f.d.a. setting a new limit on the arsenic in apple juice, this after pressure from consumer groups worried about the chemical effects on children. arsenic is known to cause

cancer. the f.d.a. is allowing the same amount in juice as they do in water. >> it is 56 minutes after the hour. before you leave your house today, here's another look at what is happening. first, a few hours from now the final stages of the george zimmerman trial will play out for everyone to see. the defense expected to lay out its closing arguments today. then the case is expected to move to the jury this afternoon. next, the soldier murdered on a london street is being laid to rest. friends and family of lee rigby are gathering for a private military service in northern england. today is the deadline for attorney general eric holder to hand over a new report about investigating reporters including our own james rosen. president obama ordered the report after it was revealed that a special prosecutor secretly seized rosen's phones and e-mail records. holder himself signed off on the waerpbt that identified james as a possible coconspirator in

violation of the espionage act. >> time to reveal your favorite viral video of the week. brian accidently beating this little four-year-old with a basketball, the savvy impala jumping into a car in order to avoid hungry cheetahs. >> andy tweeting i can't believe brian didn't give the baby a bounce pass. >> alan e-mailed what's he doing trying to feed a cheetah? what deng was going to happen -- what did he think was going to happen? >> those are smart animals. i would try to do the same thing. >> the winner of our web page poll: brian versus titus at 85.7%. adam sandler and the impala jumping in the car tied with 7% each. >> that poor little guy sitting there with a

basketball with pwraoeupld and he gets him in the face. he plays so well that i guess you can get it in your head that he's like a regular, like he's a teenager or something. you can forget he's so small as that one pollster who wrote in to us pointed out. he's 2 and can't catch a big ball. nice guy. he picks up the kid and gives him a pug before hassing him -- gives him a hug before passing him on to his dad. everybody have a great weekend. "fox & friends" starts now. >> you know what? i'm going to pass it off to brian, because he deserves to read the opening line after all the attention with titus. go for it, brian. >>brian: good morning. everyone. i'm gretchen carlson. july 12, 2013. in a matter of hours george zimmerman's fate will be in the hands of six women but the courtroom drama is not

over. >> just when i thought this case couldn't get any more bizarre. judge, this was a trick. doesn't the court realize this was a trick -- >>brian: there is personal animosity there. they wanted to add child abuse charges. the developing details ahead. >>steve: have you heard about this one? the federal government spent $34 million on that military building that no one will ever use. you know what? it gets worse, folks. wait until you hear what the white house is saying about that building. >>gretchen: they say sorry is the hardest part. you saw it yesterday. brian's unfortunate slipup with the basketball at a toddler's head. and now brian is begging for forgiveness. is there any hope for him? i can't believe i'm going to say this. father jonathan morris. i got this e-mail last night and all i could write back was seriously?