>> good morning. i am hert nauert -- heather nauert. thank you for waking up with us. >> i am patti ann browne. his plan of attack on syria seems to be on hold. >> kelly wright is live with us with more on this. >> he through a monkey wrench into this. >> good morning to you as well. tonight president obama as you stated will address the american people he will be speaking directly to american people against syria. he will continue to look for authorization for allegedly using chemical weapons. the president says he understands the concerns of a war weary nation.

>> it is a difficult situation. everybody understands that. i continue to believe there is not a military solution that there is not an underlying conflict which is in part sectarian and that the american people are right not to want to have us entangled in a sectarian civil war inside of syria. >> here's the new monkey in the wrench. if chemical weapons keep them under national control and ultimately destroy them. president obama welcomes the possibility of a possible diplomatic solution. >> i think we should explore and exhaustion all avenues of diplomatic resolution of this.

it is important to keep the pressure on to quote a former u.s. presidentçó ronald reagan it's not enough just to trust we have to verify. >> the president is softening his stance and some members of congress are skeptical of russia's diplomatic proposals as well as the president's plan for syria. president obama presents his state to his people from the white house tonight at 9:00 p.m. >> kelly wright in washington. thanks. as the president gets ready to address the nation the american people are showing where they stand on military intervention in syria. a brand new fox poll shows 68 percent of people say they want the u.s. to stay out of syria. that number is unchanged since may. the 26 percent say the u.s. should step in. 61 percent oppose using militari forces to punish syria for chemicals use.

68 percent oppose sending them in. only 29 percent approve of how he's doing. that's down from 37 percent in may. that's more troubling news with the president when it comes to the united states stature around the world. >> this morning one person is missing after an explosion leveled the home and damaged another house outdoor. this happened after 8:00 p.m. in lower indiana. it is 75 yards away from the house. authorities say the missing person is a neighbor who was house sitting when the last happened. the cause is under investigation. >> later today the ohio man who confessed to a video for drive drunk killing a 61-year-old veteran will be arraigned.

>> onning june 22nd, 2013, i hit and killed vincent kinsoni. this video will act as my confession. >> the 22-year-old will plead guilty to aggravated vehicular homicide. he was indicted yesterday ez faces up to 8 and a half years behind bars. >> a montana woman is behind bars this morning accused of killing her husband of just one week by pushing him off a cliff. prosecutors say jordan graham was having second thoughts about dying the knot with him. the two went hiking. the two of them got into a fight he grabbed her arm. she pushed him back and he fell face first off a cliff. graham didn't tell any one what happened at the time. five days later she called park police to tell them she found his body. family and friends aren't surprised of this because she has a temper. >> an escaped prisoner who led

police on a nearly 15 hour manhunt was captured. officers arrested abraham pearson after receiving a tip he had been spotted walking in a highway to detroit. he was trying to hitchhike to florida. he broke free after being escorted to court to see a 15 year sentence. he stabbed a deputy with a cone he turned into a weapon. the deputy is expected to be okay. he was targeted by the taliban who was saving a soldier's life is now moving to america. it could be as soon as next month. medal of honor was one of thousands who lobbied for the 35-year-old. he was held up in bureaucratic red tape for two years. here is meijer last month on "fox & friends." >> these guys have done so much. i can't tell you how many times an interpreter kept me out of a bad situation and save lives.

you keep doing this and people are going to sthoeping you. >> how great this guy was. there were 5,000 visas in afghanistan but a small number of those visas have been granted. george zimmerman back in the headlines after a new brush with the law. his estranged wife says he threatened her with a gun and punched her father in the nose. there is a question whether he was armed. >> it was around 2:15 when shelly zimmerman called 911 complaining about george zimmerman. >> he punched my dad in the nose. he has a park mark on his face. he accosted my father took my ipad out of my hand and smashed it and cut it with a pocket knife. >> she talks about zimmerman having a gun. >> he continually has his hand on his gun keeps saying step

close closer and he's going to shoot us. >> we heard there was a gun involved and a gun was never seen by any one on scene. >> while zimmerman never had a gun his attorney told us differently. >> his gun was holstered under his shirt. >> he tells us his clie nefrnt threatened his wife or father in law. >> there was no threat with a firearm. i know the 911 tape was saying something but i think that was the heightened emotions. >> omara says the couple is going through an emotional time. it happened at the father's house when george zimmerman was staying. >> nobody knew she was coming back today. >> cops say george zimmerman decided not to cause problems there is a domestic violence case between george and shelly. >> let's talk about the weather now. we have an extreme weather alert to tell you about.

that is not people shoveling snow in the state of colorado it's actually a lot of hail. there was a huge storm that pounded the area blocked streets in this neighborhood. >> incredible. >> maria molina is tracking today's weather for us. >> wow, those images are incredible. several inches worth of hail on the ground. we could be looking at more showers and more thunderstorms across sections of the southwestern u.s. even potential for flash flooding. we have moisture producing the heavy downpours and threat for flooding in place not stwrus noy but across sections of new mexico and utah. further to the east we have more showers and storms we are tracking across parts of new england. has the potential to prosevere . damaging winds in excess of 60

miles an hour and large hail. this is associated with a warm front bringing in much warmer temperatures. in cleave lapped you are expecting a high of 93. we are talking record heat. 97 for the high 96 in kansas city and 90 in parts of texas. tomorrow heat continues to build. we are talking heat index values hotter than that. when you factor in the humidity it feels even hotter as you head out the door. summer like conditions are back. >> indian summer. thank you so much. check in with you later. >> a real barn burner to tell you about. the last game of tweak one. in the 4th quarter the chargers blow a 21 point lead the texans

tie the game with 5 seconds to play. houston kicking nails. a 41 yard field goal giving them a win. in washington, d.c. robert griffin the third playing the first time since tearing his acl in january. eagles win 33 to 27 over the redski redskins. >> to tennis rafael nadal and yo joke vich in the final. this is the third time in the championship. he had a forehand into the net. nadal wins his 4th set. this is his 15th grand slam title. >> pushed the cow to close about 15,000. are we here to see more of this today. here to see more of this and other top news stories this morning lauren simonetti. >> wall street may want to do monday all over again. big rally pushed the dow up 140

points and back above that psychologically imported 15,000 level. asia corporate deals in the u.s. listed the market but the rally surprised some on wall street who thought more investors would stay on the side lines ahead of an expected vote on military action in syria. also a fed meeting next week. as the economy picks up more business travelers arity had gone the road but finding fewer perks upgrades and miles available for them. some have more points pore a free stay. business travelers love that. air lanes are making it increasingly difficult to redeem miles or get upgraded adding charges for bags and ticket changes. all of these changes made many frequent travelers tipping their loyalty. apple will show the world its cards today finally. attending at california time they have two new iphones the

iphone s the other 5 c. as for the five don't expect much here. the new iphone has a better camera and battery at possibly a finger print scanner for security. no bigger screens and maybe no more one more thing either. remember that the legendary steve jobs turned back by announcing one more thing that typically wowed investors and consumers. >> no more one new thing. >> we will find out. lauren simonetti. maybe it will happen. >> it is 12 after the hour. still to come frightening new information about the threat against america. shocking new numbers of former gitmo detainees who are reengaging in terrorist activities. >> small business owners thought they were off the hook for the obama care regulations. we will tell you why they will now be in for an expensive wake up call next month.

take a look at the gas prices. new national average is $3.56. that's down $0.01 from yesterday. i'm tony siragusa and i'm training guys who leak a little,

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natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle. ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around barry ♪ i finally found the right snack ♪ ♪ >> good tuesday morning to you in new york city. thanks for waking up with us. it is 16 minutes after the hour. there's a new obama care mandate that is just coming to life. small business owners have to notify their employees with a written letter with healthcare

chang changes. it applies to any business with at least 1 million -- with at least one employee and half a million dollars in annual revenue. earlier this summer the employer ban kadz which requires every business 50 or more employees to offer healthcare coverage was pushed back until 2015. they are defending on food stamps to feed their families. according to a new report more than 23 million household receiving government assistance bites the previous record in march. the previous payout was $75 month. the number of food stamps has nearly doubled in the last four years. a wildfire burning into a san francisco bay area wilderness park is growing threatening about 100 homes. 800 firefighters two air tankers

and three helicopters are battling the blaze. it's 20 percent contained. some of the world's most dangerous terrorists once under lock and key are now on the battlefield. a new report reveals a startling number of gitmo detainees are given a free pass to reengage a all of this while the obama administration lifted bans on transferring terrorists back to hear homexd countries. peter doocy is live to break it down more for us. >> more and more former guantanamo bay detainees are becoming present day terrorists. almost a third of noermzer deta -- former detainees are at the military prison in cuba. we know this because the director of national intelligence quietly released a spread sheet last week saying out of three gitmo detainees 100

are confirmed to reengage in terrorist aactivity and 74 are expected to reengaging in terrorist activities. that adds up to 29 percent of former inmates who did not learn their lesson up to 28 percent. some are dead and some are in custody. the majority are out there. the trend is in the terrorist's favor. since 2009 when president obama took office 74 detainees have been taken out of guantanamo bay and 10 percent of thoem are either confirmed or suspected of reengaging in terrorist activities. in recent spread sheet like this six months ago that number was lower 7 percent. as of right now several dozen more inmates are cleared to be transferred out. the u.s. is hammering out.

>> happened in new york, too. >> next on the rundown nascar waving the black flag on michael waltrip's racing. why they are facing major penalties. >> driving down the road and then this happens. we will tell you about the moment where the driver inside gets swallowed up in a sink hole. 20 minutes after the hour.

>> a landmark hearing is on capitol hill a. senate judiciary committee will hear for and against legalizing marijuana. they decided not to interfere with colorado or washington state. michigan may be next. they will give up bills this fall that would ease marijuana laws. it may seem far away but health experts say now is the time to get back. this year there are more options than ever. for the first time some vaccines will help guard against four strains of the flu rather than the usual three. there's a lessñr scary option f wh.

there's one who gives the vaccine with just a skin prick. >> waving the black flag on michael waltrip's racing. they were all docked 50 points a piece. waltrip was fined 300,000 dollars for throwing the race at richmond saturday night. ryan new man will replace him in the chase for the sprint cup championship. the international olympic committee has one simple question for lance armstrong. where is our medals? they say they wrote him a letter nine months ago demanding they return the bronze medal he won in sydney back in 2007. he promised to give back the medal but never went through with it. he was banned from the sport for life after it was proven he cheated with the performance enhancing drugs. give back that medal. coming up a father goes after a peeping tom who is found watching his daughter outside his bedroom window.

now the dad is facing jail time. wait until you hear why. >> gwyneth paltrow putting several kid's lives at risk when she fails to follow the rules of the road. first on this day in history in 2011 "contingent" grossed 75 million at the box office.

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>> we start this half hour with a fox news lart. president obama prepares to address it tonight he may be changing a plan forñr a strike syria on the tradition in a syria turns over the chemical weapons. will the country comply? we will go with the latest. controversy for george zimmerman. do the accusations against him add up? >> this is genlth paltrow facing serious charges. she cuts off a school bus. that's her own child fox and friends continues right now.

♪ some folks work that go night shift right now. good morning everyone. it is tuesdayçó welcome back to "fox & friends first". >> good to know other people are up in the middle of the night. it is half past the hour. we begin the hour with a fox news alert. as president obama addresses the nation tonight his plan of attacks seems to be on hold. doug luzader is live with more on this. >> it is not clear what the president is going to say tonight given the recent developments. the white house may have stumbled on to something of a solution by having the syrian government in theory turn over the chemical weapons stockpile.

>> will you delay a strike? >> i think it's fair to say we would not be at this point without a credible threat of a military strike. but i welcome the possibility and john kerry will be talking to his russian counter parts. >> he was asked if there was anything he could do to tlahwara u.s. attack. >> he could turn over every bit of chemical weapons in the next week, turn it over all of it. without delay and allow a full and total accounting before that. >> they hopped on board went to

syria and eventually the president. beyond just how complicated it would be to enforce, though, consider what the president is up against tonight. this is a new fox news poll. it asks the question do you approve of the president's handling of syria. back in may 40 percent disapproved. since then the number has gone up to 60 percent despite some serious efforts on the part of the white house to cell the idea of intervening in syria. it is not clear how the president is going to frame this, but you have to think he put in a lot of over time. >> put in a lot of over time that's for sure. syria gave the thumbs up to russia to destroy chemical weapons in order to avert a military strike. details of how they would do it or how long it would take are slim foint. leland is live for us in jerusalem with the latest.

hi there, leland. >> the devil in the situation is always in the details especially when it comes to arms control. the rurp shans are working on a concrete plan for assyrians to give up chemical weapons. they are the main benefactor. they have to do what the russians tell them to do. so far seems as though there is an agreement in principle that the syrians would give up chemical weapons to some kind of international body and somehow those weapons would be destroyed. how do you4q such a thing and enforce such a thing? israeli government estimates they have 1,000 tons of chemical weapons and pro cursors all hazardous materials that have to be secured signed a war zone brought under that international control. there are reports there are some 50 sites these chemical weapons have been dispersed around and

come together and figure out how to destroy them as the civil war goes on. the other issue as these things get ironed out is what are the teeth to the proposal what happens if they don't end up at the other end of the bargain. >> leland thank you so much. we will check in with you later. >> one person is still missing after an explosion leveled a home and damaged another next door. lowell indiana when firefighters arrived they found debris scattered as far as 75 yards away. a neighbor was house sitting when the blast occurred. the cause is under investigation. >> the ohio man confessed to drunk driving and killing a 61-year-old veteran will be arraigned. >> on june 22nd, 2013, i hit and

killed vincent kinzoni. thisçó video will act as a co confession. >> he will plead guilty to aggravated hee hivehicular homi. >> a noon gnaw women is behind bars accused of killing her husband after just one week by pushing him off the cliff. jordan graham was having doubts about marrying him. the two got into a fight he grabbed her harm she pushed him back she says and he fell face first off the cliff. graham didn't tell any one at the time. five days later she called park police to tell them she found his body. family and friends are saying they are not surprised she started telling people she never wanted to be married. that's what they were arguing about. >> the fight calling 911 her

estranged husband george zimmerman was threatening her father and her with a gun. she decided not to press charges. >> she continually has a hand on his gun he keeps saying step closer. he's threatening all of us. >> step closer or what? >> and he's going to shoot us. >> that incident stems from a visit by shelly and her father. twhent to the house. she filed for divorce last week. >> overnight an escaped prisoner who led police on a nearly 15 hour manhunt was captured. officers arrested abraham pearson after he got a tip he had been spotted walking near a highway in detroit. investigators believe he was trying to hitchhike to florida. the suspect broke free after he was as courted to court to receive a 15 year sentence for car jacking. he stabbed a deputy with a cone he turned into a weapon. >> this next story has a lot of

people questioning how a man could be in trouble with the law. a father is facing charges after he beat up a man peeping in his young daughter's bedroom. the father could face a longer prison sentence than the man who did the peeping. he faces third degree felony charges which could be 3 years in jail. the intruder could get away with 1-2 years. image driving down the road and this happens your car falls into sank hole. he thought evidences driving in the water. a water main break is to blame. the man was in the wrong place at the wrong time. he was taken to the hospital for neck and back pain. luckily he is going to be okay. >> that is scary. a tropical storm om bert toe is strengthening at this hour. >> maria molina is tracking that

storm. we don't have this tropical storm um bert toe but tropical storm gabriel. we have the system weaken and dissipate and it was no longer a tropical storm. well it's back. the area of showers and thunderstorms that was gabriel has reintensified and now it is a tropical storm. this system is headed toward bermuda. it's not forecast to become a hurricane. it's forecast to become relatively weak with maximum stain sustained winds from 40 to 50 miles per hour. that will be a concern in bermuda with areas of heavy rain. off the coast of africa into the south and westñi of cape verde islands we have tropical storm um be omberto. take a look at wednesday, early morning or possibly later on today. we are talking about this system potentially intensifying into a

category 1 hurricane. it is forecast to become the first hurricane of the atlantic hurricane season and continue to move over open waters. the good news it is not threatening any land mass and isn't headed toward the united states. it will remain a category 1 storm and eventually to a category 2 over open water. in the united states we have extreme weather conditions in the city of chicago. we are talking possible record setting heat. in the northeast relatively cool continues. i want to point out patti ann and heather when will the heat be over in the west upper 90s today. by friday and saturday. talking high temperatures only in the 60s. significant cool down coming up. >> difference of 30 degrees or

so. thanks. don't put your shorts in the attic. >> shocking video has gwyneth paltrow facing some serious criticisms this morning. she cuts off a school bus as she pulls out of a parking spot. the bus driver is forced to slam on his brakes in order to stop the crash. behind her her child. >> everything is on video now. >> on a lighter note this special ride has premium options. >> that is the james bond submarine car selling for $1 million. that may sound like a lot but the people who put it up for option are expecting a lot more.

it was one of 8 cars used during the movie "the spy who loved me." the price is low because the car does not run and it doesn't have wheels. >> you kind of need the wheels. >> 42 minutes after the hour. you remember this one pretty well probably. you couldn't stand your parent's muse whik you were younger why the same tunes are likely playing in your own car. buddy holly was one i didn't like but now i like him. >> they handed your on-line information to the government but now two of the largest internet temperaturcompanies wae to know exactly why.

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>> good morning to you. hope you are off to a great day. it is 46 minutes after the hour on patti ann's birthday. happy birthday to you patti ann. always great to start the morning off with you. >> thank you. >> james holmes report is now complete. we won't know what it says until it goes to trial. the 128 page document reveals whether the psychiatrist who led the evaluation beliefs that holmes meets the colorado legal definition of insanity. if that's the case experts say prosecutors are more likely to accept a plea deal that would put him behind bars for the rest

of his life without the possibility of parole. holmes is accused of killing 12 people and wounding 70 others in anna roar raw movie theater in july 2012. >> the best college is princeton university. the ivy league school winning the top spot breaking the tie with harvard university. harvard was pushed to second place and yale rounds out the top 3. universities are ranked by u.s. news on selectivity discounts given and tuition costs and the number of grads who get ramp. >> they want to correct false claims about what they provided to the government. diane macedo to fox business network joins us now with more on this. >> facebook andrea hasn yahoo t

essentially ordered them to release information about their users. the on-line giants filed separate but similar motions yesterday following in the foot steps of google and microsoft. all four of the companies were on the list of internet businesses identified as giving the nsa access to customer data under a program known as briss sim. they argue they have a free speech right to publish aggregate data on the national security orders. among other things facebook and microsoft or -- yahoo i should say how many orders they wanted to receive. facebook is arguing with more than 1 billion exposing that data would lead a user to infer he or she has been targeted. yahoo adds director of national intelligence says he's going to start disclosing how many letters and orders the agency issues from now on. if they can release that kind of

information going forward how hue yahoo is saying if they release it going backward it shouldn't j jeopardize national security. google also filed its own amendment to it's version of the motion and google has reached an inpass to the government. >> die nan macedo, thanks. >> you want to know where the happiest place on earth is patti ann? >> we are going to give you a hint not disney world. we will tell you where the place is. >> are you about to brush your teeth after eating your breakfast. there might be a reason you might want to wait. first let's check in with brian kilmeade who brushed his teeth this morning i am sure. >> and you cannot have wings on the bone without sauce i should give it out. demand boneless wings. we will discuss that for next three hours.

if you have time talking to senator joe mansion and discuss his alternative for election in syria. john kerry strumbling into one yesterday. michael mccall about why he believes syria could lead to a larger war then we will have fun with dancing with fun with danch the stars judge. say did i robertson is here for fashion week. we have comedian curt fox all coming up on "fox & friends." so what can i get you?

we'll take something tasty and healthy. ♪ must be the honey! ♪ there's a party going on in your cereal bowl ♪ ♪ o's can help lower cholesterol ♪ ♪ oh why does it taste so great? ♪ ♪ hey! must be the honey!

>> good morning. seven minutes before the hour. a science experiment goes terribly wrong in texas injuring two students and a teacher. a middle school class was conducting what was supposed to be a controlled experiment but involved the

burning of salt. that's when a flash fire broke out. one of the eighth graders had to be airlifted to the hospital with first and second-degree burns but was discharged last night. the other student and teacher were treated for minor injuries at that scene. >> wh-s the best time to -- when is the best time to brush your teeth? brushing immediately after eating may be more harm than good. after a meal the best thing to do is rinse your mouth out with water and then to wait and brush about 30 minutes. they suggest brushing two a day for two minutes each. if you can only do it once, do it at bedtime unless of course you're eating garlic. >> interesting stuff there. if you want to be really happy you could stay here in america or move very far away. the second annual world happiness report is out and denmark takes the top spot followed by norway and switzerland all in northern europe. the u.s. fell from 11th

to 17th but that is still a high ranking among the 156 countries evaluated by columbia university. >> another sign you're turning into your parents, a new study finds 20 somethings like the music they heard when they were growing up because they have an emotional attachment to it. previous research has shown music we hear during early adulthood has the greatest pwabgt during our -- impact during our lives but music played during childhood can also leave a lasting impact. >> like all that burt backbacharach i heard. >> what you need to know about apple. >> this little pup can't seem to get the hang of the food fetch. 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. out for drinks, eats. i have very well fitting dentures. i like to eat a lot of fruits. love them all.

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so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com but at least i can help keep their underwear clean. that's why there's charmin ultra strong. i'll take that. go get 'em, buddy! it cleans so well and you can use up to four times less than the leading bargain brand. [ female announcer ] charmin ultra strong has a duraclean texture that's soft and more durable to help your kids get clean while still using less. and its four times stronger than the leading bargain brand. wow, you cleaned up a lot! you did too, pal! [ laughs ] we all go. why not enjoy the go with charmin ultra strong? >> one minute before the hour. before you leave the house

here's what's happening today. president obama is set to address the nation tonight about the situation in syria, as a strike could be put on hold after russia saeugs it's open to a diplomatic option to that process. the ohio man who confessed to a video to driving drunk and killing a 61-year-old veteran. matthew cordle is expected to plead guilty to vehicular homicide. apple is expected to unveil two new iphones. one is called the iphone 5 app. the other the iphone 5-c. >> that's great. time to take a look at the good, the bad, and the ugly. first the good. a minnesota first grader meets her idol taylor swift. madison was born with an extremely rare spine condition. she was picked to meet the songstress as part of the kids wish network. next the bad. a man arrested in colorado for apparently riding his horse drunk.

it happened in boulder, colorado. he was given a breathalyzer test after cops found beer on him. the ugly, the puppy needs to learn how to catch. catching cheerios proved too hard for sophia. her friend max is a pro. >> everybody have a great day. "fox & friends" starts right now. >> good morning. it is september 10, 2013. i'm gretchen carlson. we start with a fox news alert. russia with a big announcement on syria's chemical weapons and president obama preparing to address our nation after a series of tv interviews that weren't always comfortable. >> the white house has done a bad job in explaining that this has been a mess. >> okay. that was a long question. let's see if i can keep the answer shorter. >>gretchen: will he take any responsibility for not getting the support that he wants. is the message going to