as we wake up here on the east coast and wherever you are this morning taking a live look outside at new york city. you are watching "fox & friends first" on this thursday morning. thank you for getting up with us. i am heather nauert. >> i am patti ann browne. thank you for starting your day with us. >> a stunning change of heart. listen to this one. alex rodriguez waving the white flag? multiple sources are reporting the yankee's third base man is desperately trying to strike a deal with mlb officials. that move will reportedly spare him a lifetime ban for using performance enhancing drugs and trying to cover it up. ainsley earhardt is with us. >> the alex rodriguez saga might be nearing it's climax. he is negotiating a deal with major league baseball. it will result in a lengthy suspension and prevent a lifetime ban something sources say many league officials were

pulling for. rodriguez deciding to negotiate after seeing all of the evidence that major degree baseball has against him. the league reportedly has documents proving a rod coerced a witness in the league performance enhancing drugs investigation. there is evidence linking him to an owner of an anti-aging clinic who he bought it. that owner anthony bosch recently decide to do cooperate and provide detailed information from mlb as a way to avoid any legal action. 38-year-old rodriguez admitted to using them in the past but denied taking any after the 2003 season. he has never been suspended by the league for any drug violations and his attorney previously said he would fight any suspension or ban resulting from this investigation. rodriguez is down in florida

rehabbing from his off season hip surgery. he has yet to abeer in a game this season. we will keep you updated. thank you so much. >> a man holding three women captive will learn his fate today. a sentencing hearing is set for 9 this morning. although a plea bargain has taken the death penalty off the table it is likely he will spend the rest of his life behind bars. castro is set to speak at the hearing. victim michelle knight will also testify all of this as it is being revealed the girls kept diaries detailing the physical mental and sexual abuse they suffered. >> one soldier is in critical condition and 11 others after they are struck by lightening. this happened in fort carson in colorado. they were training as they got word the storm was rolling in. the lightening hit them as they were trying to take shelter. >> a story we brought you

yesterday the tsa is supposed to keep our records secure. workers are sleeping on the job and even stealing. now a top tsa official is defending their bad behavior. >> you are going to have somebody do something stupid it will get in the press and make 20 rounds in the press but for every one of those stories, sir, i will tell you there is probably 10 more great stories about what our people do. >> the workers caught breaking the rules were given verbal warnings or letters. >> randy travis' health is improving he is out of the hospital and is at a physical therapy facility in the state of texas. last month the 64-year-old under went a stroke and brain surgery. it is unclear how long he will have to go to physical therapy. >> controversy over the benghazi attack to be among the so-called

phony scandals president obama has been complaining about in recent speeches. even as new questions are being raised about the lack of progress in the investigation. elizabeth brprann is live in washington with more. >> as lawmakers continue to seek answers about what happened and why the night of september 11th in benghazi. we are getting a new indication of how interested the administration is. >> as time has passed and more facts have become known, whether it's about the benghazi and talking points or conduct with the irs attempts to turn this into a scandal have failed. >> the white house says they consider the attacks to be among one of the phony scandals. he was referring to claims republican law americas that the

administration misled the public about the nature of the attack by stressing the connection to an anti islam film. some law americas aren't dealing very lightly. they continue to push for more answers. behind closed doors they met with bristol who was leading an elite task force when the terrorists attacked the benghazi consulate. he spoke in a classified briefing yesterday. sources tell us he confirmed what other military brass told law americas despite what the white house does claim u.s. officials were not prepared heading into the attacks on 9-11. those lawmakers tell us they are not giving up. take a look at this. >> they are in campaign mode. you need to have trust in the government and when our government targets people based on the tax code when our government miss leads the country about a terrorist attack in benghazi that erodes trust

and then when our commander-in-chief says this is phony there's no reason to be concerned about this there's nothing to see here, that's just arrogance. >> they continue to voice the frustration about the slow pace of the investigation 7 months later. they sent a letter about the status of the investigation and hope for a status report within 30-days. >> elizabeth prann, live in washington, thank you. >> new interest rate low is heading to the president's desk for his signature. this after it passed the house of representatives. it would lower interest rates for undergrads to 3.9 percent. but the rates will be tied to the financial market. so rates on those new loans could go up as the economy improves. it caps rates at 8.25 percent for undergrads. president obama is expected to sign that bill. >> o.j. simpson gets parole but

won't believing prison any time soon. the former nfl star still faces four years behind bars for usin robbery in 2007. >> he is smart enough to say the right things in order to get favor with the parole commission. o.j. simpson may think this is a victory, but at the end of the day he is going back to his cell. >> he was stensed to 33 years behind bars for the botched robbery. the judge is considering whether he deserves a new trial. >> if want to know what happened to the heat wave you are not line. remember how hot it was? more than 1,000 u.s. cities have recorded their coldest ever temperatures in the month. monday it was a freezing 30

degrees in oregon it was the coldest day on that date since 1976. >> 33 really. what a change. >> maria molina is here with more on the chilly july temperatures. >> what is bringing in the cold weather? >> very unusual. we have a canadian air mass across parts of the united states. that's why we have been seeing such chilly temperatures during the morning hours. even across the northeast we are looking at temperatures in the 40s and 50s during the earl mroirng hours. very unusual feeling more like september even for us in new york city. that's during the early morning hours eventually during the afternoon we get to more normal levels farce as far as the high temperatures go. more than 1,100 cities set record cold temperatures during the month of july and we are talking about some temperatures being only in the 30s and the below normal temperatures will stick around in some areas especially across the northeast. we are expecting temperatures

today to be low normal in the afternoon hours and that comes after june was classified as the 5th hottest month on record for this month of june that just passed. 75 degrees the high temperature in new york city. other areas looking like august. 101 for a high in dallas. 103 in dallas. san san antonio. more than 50 inches above average so far in atlanta. philadelphia almost a foot above average already for the year. >> they have gotten a lot of rain. >> only halfway through the year. >> the new list has come out. if you are car or home improvement issues we have lauren simonetti with the top list. >> the consumer federation of america is out with its list of what consumers complain about the most. we think you may agree.

i certainly do. whether it's a misleading ad from the dealer or faulty repair from the mechanic we have all been there. how about complaints about the work being done on your home or billing disputes is your cable always out or electric bill too high? what about the coupons with the fine print? those are the wos. those are the top consumer complaints out there. a $2 million bugati is also the most expensive car to drive. a whopping $0.36 a mile these pretty wheels have ugly fuel economy according to gas buddy. what's the cheapest car to drive toyota prius $0.07 a mile. these other fuel friendly options are also hybrids. a new study finds that your smart phone says a lot about you. iphone owners have some traces of vanity and they spend a lot on clothes and personal

grooming. blackberry users make the most money but they also drink lots of coffee and tea. an troyed owners are creative hard-working and most likely to drink at a bar. i am a blackberry and iphone owner so i suppose i have a lot of problems. >> android phones work the most and drink the most. 11 minutes after the hour. you thought tracking your phone was bad. now there's an exclusive report about another secret nsa program. what on earth are they tracking now? we will tell you next. >> our wake up with us series continues long before the sun rose last week i went out to learn what it takes to net a big catch. you can follow me as i head to the high seas to go scalloping. that's ahead. [ female announcer ] it balances you...

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>> sun is starting to come up a little bit outside of the fox news studios. good morning to you wherever you are waking up this morning. you may want to think twice before you eat that burger for lunch. an e coli scare is forcing the national beef packing company in kansas to recall 50,000 pounds of ground beef. a usda spokesperson says beef

was sold to wholesalers and food distributors across the country. e. coli is causes extreme dehydration and even kidney failure. no illnesses linked to the tainted beef has been reported. >> the woman who has been charged with de facing the washington national cathedral with the green paint was in the united states on an expired visa. the 58-year-old women with a chinese passport arrived at the nation's capital a few days ago. she has no fixed address but told officers she lives in los angeles. >> new revelations about the nsa phone spying program are angering members of congress and the white house is trying to respond. doug lieu sgrader is li-- doug luzader is live in washington, d.c. with more. >> the administration spilled secrets of its own yesterday how one nsa program operates. it raises concerns here on

capitol hill. in a nutshell here's how it works. say the nsa is looking at one suspected terrorist. they will access not only that person's phone records but the phone records of everyone that person talks to. and the phone records of every person those people talk to and will go one more level and access phone records of all of those people. this isn't even the scale. in total one suspect can leave the phone records of 2 and a half million americans. this is raising some red flags on capitol hill at a senate hearing yesterday. officials were asked about a number of surveillance programs including this one that insnares phone records. >> how can you justify the assertion that home records of millions of americans who have nothing to do with terrorism are relevant with an authorized investigation under section 215? >> so i begin by noting that a number of judges repeatedly over the years have found that these records are in fact relevant.

the reason is the standard of relevance we are talking about here is nothing -- >> nsa director keithnder was heckled at a conference in>. why would people believe you are not lying to us right now. >> i haven't lied to congress. >> all of this has the administration pretty concerned. president obama is going to meet with a bipartisan delegation from capitol hill to explain how these programs work and why in his mind they need to continue. back to you guys. doug luzader live in washington. thanks. >> talk about a sickening scene here. two companies allegedly paying kickbacks to clinics for directing pregnant women living in the united states illegally to their hospitals. those hospitals then filed fraudulent medicaid claims and that is a shocking allegation. a federal whistleblower lawsuit that was just unsealed. florida based health management

associates says it can't comment on the pending litigation but the other company healthcare on the dallas denies any wrong doing. the federal government is giving a company $100 million in tax payer money to build charging stations to motivate americans to buy electric cars. this as a new report finds that company's project has already been plagued with problems from the beginning. the president pledges to get 1 million electric cars on the road by 2015. the time right now 19 after the hour. still to come on the rundown we told you how dangerous drowsy driving is. now we have proof. we have dramatic calls for help after a woman falls asleep behind the wheel. forget 50 years behind bars we will tell you why the housewives of new jersey could face an even harsher reality. sleeping apart. things should never come to this.

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>> good morning to you. hope you are off to a great day already. the man accused of kidnapping and killing three women in cleveland earlier this month has pleaded not guilty. 35-year-old ex-convict michael madison is now facing multiple charges after police found three dead bodies along wia residenti street over the course of two-days. madison reportedly has been influenced cleveland serial killer anthony soul who killed 11 women in 2007.

he is being held on $6 million bond. >> she fell asleep behind the wheel and wokeup in her car overturned in water. now we are hearing her desperate calls for help. >> do you remember what street you were traveling on? was it high school road? >> (sobbing) >> shanika parker making that frantic phone call. praised her quick thinking. she would not have been found for days. they used gps in her home to track her down. she suffered minor injuries. she dosed off while driving home from work. >> so easy to happen to get sleepy on the road, too. >> the city of richmond california is considering using eminent doe nan to keep banks from taking 600 homes.

the plan is for the city to buy under water mortgages from lenders at current mortgage values. this would allow them to refinance through other lenders. it will cause lenders to avoid giving home loans there in the future. >> mayor michael bloomberg pushing ahead with the plans to ban large sodas and sugary drinks. he will fight that the soda ban was unconstitutional. he is urging whoever succeeds him as mayor to continue the fight. >> he won't give up, will he? >> even more trouble for the real housewives of new jersey couple tress saw and joe and the reality show may be canceled in the wake of their federal fraud indictment. bravo executives are debating the future of the real housewives in new jersey, or at least they say they are. there has been no official comment from the network. they are currently out of jail

on half a million dollars bond. they face up to $50 million and face federal fraught charges. >> the frightening moment when an enormous water tower falls off of the roof of a building. >> it was like a bomb went off. >> the latest investigation into the collapse. did senator john mccain take a page from wedding crashers? how he ended up to the president's private meeting without an invitation. on this day in history in 1981 mtv hit the air waves. i want my mtv. we got adt because i walked in on a burglary once.

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>> it is august 1st. new details emerging about baseball steroid scandals including a rod's future or lack there of in the league. >> homeland security is losing track of 1 million foreigners. what's the status of their whereabouts? that's next. and it is day four of our wake up with us series highlighting hard-working americans such as yourself who get up extra early.

this morning i learn what it takes to get really fresh scallops. >> i got it. >> follow me to the high seas. "fox & friends" continues right now. >> welcome to f"fox & friends first". >> hope you are off to a great day. it is half past the hour. we have a fox news alert to bring you now. a rod, listen to this, negotiating a deal with major league baseball. this deal resulted in a linteng

suspension but will prevent a lifetime ban. he will negotiate after realizing how much evidence the league had tieing him to an anti-aging clinic in miami. officials say they have proof that rodriguez tampered with the league's peg investigations by coercing a witness. he previously said he would fight any suspension or ban resulting from this probe. the 38-year-old is currently in florida rehabbing from off season hip surgery. he has yet to play in a major league game this season. >> big news this morning. in honor of -- an audit of department of homeland security says it lost track of nearly 1 million foreigners who have entered the united states. it could hurt the debate over the sweeping immigration bill we have heard so much about out of washington. law americas said any final deal must include a workable system to track entries and exits and cut down on people who over stay their visas.

homeland security says they are working on a plan to monitor to keep better track. that won't be ready until 2016. >> what was this guy thinking? a michigan man raised carrying a gun and wearing body armor at a movie theater. the owner also says he was carrying a fake id badge. they don't know if they were planning to use the gun. they have a concealed weapon permit and flashed id for concerns about the gun. the secret agent is now in custody. >> a water tower fall from the roof of a building in chicago. >> it was like a bomb went off it was a huge, huge noise. >> it fell 9 stories to the ground. the debris fell on a man and woman who were getting into a parked car outside of the building. three people were critically injured. investigators say they don't know why that tank fell.

>> the tank came down in tact and fell on the ground. the mount gave way and it came down. >> the city's building department has launched an investigation. >> from wedding crashers to capitol hill crasher, republican senator john mccain accidentally walked into president obama's private pow wow with democrats yesterday. mccain leader tweeted to be clear i opened the wrong door looked in and saw the president said my mistake and everybody laughed. lighten up everybody. >> he considers the controversy says the terror attack to be among the so-called phony scandal that president obama has been complaining about in recent speeches. new questions are being raised about the lack of progress in the investigation. doubling down on this one. >> a group of law americas remain focused on the benghazi libya terrorist attack despite

hearing this from the administration. >> as time has passed more facts have become known whether it's about the attacks in benghazi and the talking points or revelations about conduct at the irs, did attempts to turn this into a scandal have failed. >> the white house blunt ry considers controversy over the attacks to be among one of the phony scandals distracting washington. law americas don't think so. they led an elite task force in north africa during the terrorist attacks. sources say bristol did confirm u.s. officials weren't prepared heading into a 9-11 anniversary before the attack. they sent a letter about the

status of the investigation. >> this is arrogance of power. they are in campaign mode and they are ignoring this. you need to have trust in the government for the government to work effectively. when our government knowingly prays on people based on the tax code when the government miss leads about a terrorist attack in benghazi that erodes trust and when our commander-in-chief says this is phony there's no reason to be concerned about this there's nothing to see here, that is just arrogance. >> there's frustration nobody has been brought to justice since four americans were killed in that attack and the revelation that is seen and journalists interviewed one of the lead suspects while the fbi reportedly has not. >> elizabeth prann, thanks so much. >> the boy who fell off the side of a cliff in oregon and survived is speaking out for the first time about those scary

incident. >> i am alive. i can't believe i am alive. >> 10-year-old coal hancock plummeted 15 yards while on-- 5 yards he suffered a fractured skull and took rescue crews several hours just to reach him. he has been recovering in the hospital for more than a week now. doctors say he suffered some brain damage but they are confident he will make a full recovery. tough little guy there. looks like simon cowell may be doing diaper duty. the x factor judge expecting a baby with lauren silverman. he is said to be married to one of cowl's close friends. they have been unhappy for a while and divorce is in the works. >> you may want to grab your rain boots and umbrella depending where you live. >> mother nature about to drench a big portion of the country. maria molina has the latest.

>> trying to get the afternoon run in we are expecting rainfall up and down the east coast to new york city. we could see the rain coming down with the current temperatures. we ha some of you waking up to temperatures in the 40s and even 50s out here. today a little warmer. you will remain in the 70s for many of you even in cleveland because that rain is moving in there's a lot of cloud cover. further west it will be blocked. further west across texas we are talking several inches of rain up and down the east coast. heather and pat at the ann we have -- patti ann look how much the departures in the city of

atlanta. across the east coast and more of it on the way today. >> maria molina thank you so much. always appreciate the weather. >> today is day four of our wake up with us series. we are highlighting a lot of hard-working americans who like you get up way before the sunrises. patti ann got to head to the high seas. >> i got a chance to go scalloping with kenny rainer and brian jane and i quickly learned what it means to work on the water. >> it's a little after 4:00 a.m. and we are setting out off the dock on long island. >> you come out how many mornings a week? >> summertime probably 6, 7 sometimes. >> wow.

we are rocking. >> the sun is finally starting to appear. >> there will be a bunch of wire. >> we have been on the boat almost two hours we are about 17 miles offshore. it's time to send the net out into the water. >> what is going on out here? >> it is on the bottom and the doors they are spreading open the net. we are tangled are around the bottom and off the bottom so they go into the net. we goefr the top of it. >> when do you sleep? you are obviously waking up early in the morning because you are you were on the dock at 3

owe crock. >> after 45 minutes kenny and brian real into the net to see what they have caught. >> i don't want to hurt them. >> hurt them? people eat them. >> we ice the scallops to keep them cool and i get a lesson in scallop shucking. >> you are cutting the meat off come back grab this you rest it against the shell. >> you make it look so easy. press it against like that pull it up. oh, yeah. oh, yeah. i got it now. >> the guys even let me take the captain's wheel on the way back to shore.

>> what is the appeal of this lifestyle? >> (indiscernible) >> it's a way of life, you know? >> great time. thank you to kenny and brian. the wake up with us series continues tomorrow. maria molina visits the nation's finest. first-hand look at what it's like for these officers on the most dangerous unpredictable ship. you get any scallops? >> i am keeping them all for myself. >> probable combliend of sticky. 43 minutes after the hour. a teenager attacked by a shark manages to fight it off and then live to tell about it. we will tell you his incredible story about how he cheated death. that's coming up next. >> a new study that could make peanut allergies a thing of the past. you don't want to miss this.

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>> good morning to you. it is 46 minutes after 5:00 a.m. here on the east coast. the sun is coming up you can see it right outside 6th avenue in new york city. now in washington new revelations about the nsa phone spying program. the white house is trying to respond. doug luzader is covering this for us. hey there, doug. >> president obama is going to meet with a bipartisan group members of congress today to try

to explain the programs and defend them. he may get an earful in the p s process. you saw at a hearing the number of nsa programs including one that may insnare the phone records of millions of americans. >> how can you justify the assertion that phone records of millions of americans who have nothing to do with terrorism are relevant to an authorized investigation under section 215? >> so i begin by noting that a number of judges repeatedly over the years had found that these records are in fact relevant. the reason is... >> here is why there's so much concern about this. let's say the nsa is looking at the phone records of one suspected terrorist? that then leads them to the phone records of a number of others. you' all of the people that that person calls. then they look at the phone records of all of those individuals. this isn't even to scale. that one investigation could

lead to the phone records of 2 and a half million americans nsa director general keith alexander attended a hacker conference in las vegas yesterday offer ago broad defense of what the nas does and he was heckled in the process. >> why would people leabelieve haven't lied to us. >> i haven't lied to congress. >> in the men time another revelation from the guardian newspaper revealing an nsa program that track e-mails and their browsers. >> doug luzader thank you so much. >> a teen attacked by a shark in hawaii says he looked the massive animal in the eye moments before it struck. the 19-year-old was 100 feet from shore when he saw the shark's shadow below him. >> i was sitting on my board then i saw this shark come out

of the water and grab my leg. then from there i just had this instinct to hit it with my left hand. >> the tiger shark thankfully let go and the man was able to paddle back to dry land. he is expected to make a full recovery. it could make peanutal gees a thing of the past. they have a patch that de sense tieses those who are allergic. 3 million suffer from allergies. it could take years to figure out if the patch is effective but if it is it could have far reaching implications. still ahead talk about an odd disguise the fbi is tracking down a robber they call the elephant bandit. what two apple employees are suing the tax gech giant for millions of dollars. >> what's coming up on fox and friends? hey there, brian.

>> i am going to be talking bhie millions of dollars much like apple. then what's coming up on "fox & friends." do you ever get the feeling your boss doesn't like you? how to plus michelle malkin and john stossel appear separately dressed differently. back to school is around the corner and we're helping you save on everything your kids need. what if we told you the mcdouble is the healthiest food you can buy? i'll explain when we come i'll explain when we come back. hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

>> the f.b.i. is on the hunt for a bank robber known as the elephant man bandit. surveillance video shows the man dressed all in black demanding money. he has been linked to three july bank robberies in the

seattle area. former employees are trying to take a bite out of apple. a pair is suing the tech giant for millions of dollars after they say they were cheated out of wages and overtime. the workers claim they spent up to an hour and a half each week waiting to have their bags searched and they believe they should be paid for that time. an apple spokesman says the bag searches are spelled out in the employee handbook and happens after shifts ends. >> it is the story of one of the most turbulent areas in england's history but unlike other versions of the war of the roses, "the white queen" focuses on the women fighting for the crown. for more let's step into the spotlight with michael tamara. this is a new series based on the popular novel? >> it is from a woman's point of view during this time. for all the talk about the hollywood flops this summer, when it comes to

television some of the best story telling is happening now. this one starts on august 10. it is called "the white queen." it stars rebecca ferguson and mack irons. this is her first american television interview. >> i love men do battle but women waeupbl -- wage war. >> it's true. we've told history from the male point of view. and now we get to tell the story from the female perspective. >> it premiered on the bbc and was a huge success. >> the theme is popular these days. >> the entire interview is

in the fox light.com. follow me on twitter. >> very nice. it is four minutes before the hour. coming up, a massive beef recall across the nation. plus what else you need to know before you leave the house this morning. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. a quarter million tweeters musicare tweeting.eamed. and 900 million dollars are changing hands online. that's why the internet needs a new kind of server. one that's 80% smaller. uses 89% less energy.

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>> a minute till the top of the hour. before you leave the house here's what's happening. the man accused of holding three women captive for more than a decade will learn his fate. a sentencing hearing for ariel castro set for 9 this morning. last week he accepted a plea deal to avoid the death penalty. alex rodriguez reportedly negotiating with major league baseball in an attempt to avoid a lifetime ban. the slugger expected to receive a lengthy suspension. an e. coli scare causes a company to recall 50 thousand pounds of ground beef. so far there have been no reports of illness. >> we still have that

problem with lettuce out there. "fox & friends" -- have a great day everybody -- starts right now. ♪ ♪ >>alisyn: good morning. it is thursday, august 1. i'm alisyn camerota. a terrorist attack that left four americans dead -- benghazi -- now a phony scandal. >> whether it's about the attacks in benghazi and the talking points, the attempts to turn this into a scandal have failed. >>alisyn: why isn't the f.b.i. looking for the terrorists who are apparently hiding in plain sight? >>steve: then did the country's top lawyer purposely mislead congress? shocking new report that says eric holder was deceptive when he was asked about spying on