f "fox & friends first". i am ainsley earhardt. >> i am heather childers. the first full day of fall on tap. thank you so much for joining us. >> we have a fox news alert to start with this morning. special forces are still engaged in the standoff with terrorists at a mall in kenya chilling new video from inside the mall. >> panicked staff and shoppers run for their lives as gun shots are heard in the background. most of the hostages have been freed but at least 68 people are dead nearly 200 wounded. five americans injured in that attack. >> kelly wright is live in washington, d.c. with the latest. >> some hoar refic -- horrific video. most of the hostages have been released or rescues. most of the areas are in control at the tennian forces.

it is unclear how many hostages are being held captive inside the mall. as many as 10 can still be held by the gunman. they claim responsibility for the terror attack. kenya will continue to fight against terrorism. >> i will not relent on the war on terror. we will continue that fight and we urge all people of goodwill tlau out the world to join us. >> survivors of the attack said the attackers opened fire on innocent people with automatic weapons. kerry says united states is keeping close touch with kenyan

authorities. >> it represents the seriousness and breadth of the challenge we face with completely reckless terrorists. >> in the wake of the attack that killed nearly 60 people. >> kelly wright live for us this morning. >> at this hour they are looking for two missing airmen after a u.s. nave rehelicopter crashed in the red sea. two crew members were found in stable condition. it went down with william p. lawrence. it was trying to land or take off from the rear helicopter deck at that time. the crash was not a result of any hostile activity but the incident is under investigation. a teenager reunited with his father after being kidnapped from his florida home 13 years

ago. turned out his grandmother 60-year-old sandy hayes is now behind bars accused of snatching him when he was just an infant. the boy is not being named. police say the boy was taken as an infant while the dad was at work. since then they have been living on the road in several states. police finally tracked them down after a missouri school became suspicious when she tried to enroll the boy in class claiming to be his mother. >> the 12 victims killed in last week's navy yard ooting. >> martin john bedra. >> 12 ill bells range for the 12 victims killed by aaron alexis. president obama along side the first lady resuming his role as controller in chief. during the service he used his speech to demand tougher gun

laws. i do not accept that we cannot find a common sense way to preserve our traditions including our basic second amendment freedoms and the rights of law providing gun owners while reducing gun violence. >> he continued to push for new gun control members in the wake of this attack. >> in a few hours world leaders will be meeting at the united nations. set to be on the agenda they are handing over initial inventory as part of the agreement. they want a resolution for the security council to authorize use of force if syria refuses to hand over the weapons. russia is part of the sarin gas attack. >> two are dead after a roadside bomb in afghanistan. it happened in the eastern part

of the country. no word on the soldier's nationality. it happened after three american soldiers were killed by an african security forces officer. >> in just a newers the fight to de fund obama carry sumed on capitol hill. both sides have days to reach an agreement or we could be looking at a government shut down. steve sen tohas more. >> they tie up the funding of the government to the de funding of obama care. ted cruise says it is democrats trying to shut down the government. >> i think harry reid and barack obama should shut down the federal government. they voted to fund the federal government if harry reid kills that he is responsible for shutting down the government. open the government, fund the government but don't fund obama care because it's hurting the american people.

it's not working. >> another high profile republican rand paul of kentucky and senator tom corbin says the gop doesn't have the ability to stop or de fund obama care. the president himself said the gop effort to de fund the healthcare law quote is not going to happen. other democrats are confident obama care will survive though most americans oppose it. >> these people have been demagoguing steer among gerring they are not afraid it's going to be unsuccessful. they are afraid it will be succes successful. >> a assuming he feets the obama care de funding government shut down is days away. television's bigs night of the year had big surprises in store. anna kooiman is here with a look

at last night's emmy awards. >> good morning to everybody there. breaking bad made good winning tv's heist honor outstanding drama series before taking a final bough in the last season. >> i have been blast in the past and this show have been nominated in the past but what they really wanted was what we got. >> breaking bad star bryan cranston lost the bet in the newsroom jeff daniels. >> claire danes, home land. >> claire danes took home the trophy last year as well. there was country star carrie under wood yesterday hit ago

sour note with the crowd. ♪ >> many people in central media calling her trib beute to the beatles and jfk's assassination off key and unnecessary. kneel patrick aharris did not disappoint breaking out into song in the middle of the show, wow. also controversy. remembrance of the odd couple star was not included among the five tributes of the night. james gandolfini were honored however. thanks so much anna. live look in italy. the cop tan of tcaptain of the a is expected back in court today. he is hoping the judge will

grant the request for an inspection of the now up right cruise liern. 32 people died when the ship crashed into rocks that was off the coast of tuscany back in january of 2012. he is charged with manslaughter but argued the company should get some of the blame. if convicted he faces 20-years in prison. thousands of catholics are supporting pope francis. in an interview the pope said quote the church must shave off obsession with abortion, homosexuality and conception. some say it is a breath of fresh air others are condemning his words. >> the death toll in mexico growing this morning. 110 people now dead after twin storms simultaneously pounded

both of the west coast. there is little hope that any one else will be found alive. >> and more extreme weather here in the u.s. police in new mexico making a grizzly discovery. they believe they have found the body of an elderly man who went missing in rising flood waters there. at least one other person died last week. >> weather in the area seems to be improving. we have the latest on what we can expect. >> across parts of the state of new mexico we are seeing conditions improving. not just today but the next several days. thenning are d things are drying out after the monsoon season in new mexico. who can forget the boulder colorado area how bad the flooding was in the next two weeks. this will be a relatively quick moving storm system. it has some much cooler air behind it.

yesterday was the official first day of fall and we are seeing very fall like weather out here in sections of colorado. it is holding up among the higher elevations. that is snow popping up on radar. we are seeing snow across hire elevations of the rockies in colorado. we also picked up snow over the weekend in sections of the northern rockies. feeling fall like out west and across the east coast of the u.s., the great lakes, north east we are feeling fall like. temperatures this morning 40's even 30's like some of you in green bay. 38 degrees is the current temperature right now. current weather and lower humidity. it has moved further south. today and tomorrow we will be picking up significant rainfall in florida and the gulf coast. we are talking more than 8 inches of rain south of the campus. we should be seeing big time flooding there. anywhere in the carolinas northeast great lakes and midwest feeling like fall. ainsley and heather you are

talking only 49 degrees for the high temperature in camaine. you couldn't wait to get your fingers on it and neither could hackers. the brand new iphone has already reported a security breech. lauren simonetti from the fox business network has that story and other top business news. >> it has always been out since friday already a german hacker group says it hacked the apple's finger print reader. the computer club they have made a fake finger print to trick the system and is showing the world how easy it is to do so. their message is finger print bio metrics are unreliable. users would be wise from turning off their phone's pass code in lieu of the finger print scanners. something to consider. good news if you are plan to go fill up. average gas prices dropped by

$0.06 over the past week. putting a gallon of regular unleaded at 3.52 cents. san francisco drivers 4.01. south carolina the least at 3.14. if you went to the movies over the weekend did you like "prisoners" the kidnapping drama opening at number one is being considered one of the fall films with oscar aspirations. if you plan to see it it is nearly 2 and a half hours long. here is a quick look at the res of the weekend bach office shaping up. the city of two and the family coming in in second and third. heather, ainsley? the time now is 13 after the top of the hour. he was suspended for unknown reasons related to the nfl drug policy. we are learning why the denver bronco star linebacker actually was benched. why officials say he was caught trying to cheat the system.

>> workers thought there was something suspicious when they found 31 unmarmed bags on -- unmarked bags on the flight. the discovery they made is going down in history. [ phil ] when you have joint pain and stiffness... accomplishing even little things can become major victories. i'm phil mickelson, pro golfer.

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♪ >> getting moving this morning on the streets of new york city. thank you for joining us on this monday morning. we appreciate it. in a few hours the united nations general assembly will get underway. top of the agenda the plan to get syria to hand over chemical

weapons. there are already road blocks. this while there is speculation that president obama could meet with the newly elected president of iran. wnyw's robert moses is live outside with more details. robert? >> heather good morning. you mentioned things are moving here in new york city. traffic will be moving slowly because the u.n. general assembly is in town. president obama is scheduled to land here in new york. this bb a busy and important week for the president. the biggest question surrounding the meetings this week is will president obama meet with iran's new president ruhani. he is friendlier than mahmoud. he may not be as ambitious as

ahmadinejad. will they transfer syrian's chemical weapons nient national hands? those are some of the things we will be watching this week. >> robert moses live it will be a busy day. thank you. >> in just a few hours lawyers for the boston marathon bombing suspect dzhokhar tsarnaev will go before a federal judge. they expect to discuss the time line if prosecutors seek the death penalty. eric holder makes the final decision on the death penalty. tsarnaev is charged with the bombing that killed 3 people and injured 260 others. later this morning edward davis will announce he is rezining at the end of the year. it is unclear what his plans are for the future. close friends are telling us he is not retiring. some speculate he is being considered for the secretary of

homeland security. davison says thas been the bostn police dmirgs since 2006. >> it is being called the bigs drug bust in french history. officials at the paris airport thought it was odd that the passengers who checked 32 cases on to air france flight from venezuela never boarded the plane. when they opened the suitcases up they realized why. stuffed inside 1.3 tons of cocaine worth about $270 million. six people have been arrested in connection with the find. >> still to come hillary clinton having an ult mate tive with her wife. why she may have to choose between hillary or her hubby. the silver screen comes to life for passengers on board one plane. the slithering surprise that grounded them in the flight. i'm angela, and i didn't think i could quit smoking

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while taking or after stopping chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, sp chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. if i could describe being a nonsmoker, i would say "awesome." [ male announcer ] ask your doctor if chantix is right for you.

♪ >> happy monday morning to you and your family. there's a shot of the beautiful new york city streets. hope you are having a great day so far. we are going to make it a great week together. in the news this morning congressman paul ryan is dropping hints he might be considering a white house bid in 2016. the former vice presidential candidate has signed a book deal and the focus of the state of conservatism entitled where do

we go from here. the 43-year-old has not said what his plans are for 2016 but he will be headed to new hampshire next month to campaign for house colleague frank genta. the book is scheduled to come out next august. >> what anthony weiner's wife has been given an alternate tive. it is not from her husband it is from her boss. hillary clinton telling her to dump wiener or leave her inner circle. she has been thought of one of her inner aids. her sexting husband could be a liability if he continues to run in 2016. details in vaughn miller. miller tried to cheat the nfl drug system by swapping his drug sample with someone else. the linebacker reportedly convinced a star struck drug tester to make the swap but a second collector busted them.

miller was suspended six games by the nfl. get this story. it is a scene straight out of the movie "snakes on the plane." a little one led to more than 300 passengers being grounded in sydney. they found it in the passenger cabin right before they were boarding. they haven't gotten an explanation as to how the snake got on board. >> a snake is a snake i don't care if it is tiny or not. >> still to come it is 26 after the top of the hour. independent review panel the nsa and spying practices not so independent after all. why critics are saying the agency is effectively investigating it self. >> and a scare in the air a plane forced to make an emergency landing on one of the nation's busiest highways. on this day back in history on this day in 1990s number one movie in america.

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>> good morning. it is monday september 23rdrd. we begin with a fox news alert. special forces are still engaged in a standoff with terrorists at a mall in kenya. chilling new video from inside the mall where nearly 70 people were shot dead. >> scare in the air. a plane forced to make an

emergency landing on one of the nation's biggest highways. the incredible ending you have to see. >> it was a biffing night in ho -- big night in hollywood. >> if you missed any of last night's emmys not to worry we have the winners and losers and all of the must see highlights. "fox & friends first" starts right now. ♪ >> whether you are in a little town or a big town we welcome you. it is monday september 23rdrd. welcome to "fox & friends first". i am heather childers. >> i am ainsley earhardt. we are going to begin with a fox news alert. special forces are still engaged

in a standoff with terrorists at a mall in kenya. chilling new video from inside that mall. >> panicked staff and shoppers running for their lives gun shots were heard in the bathroom. we will show you the video coming up after a major attack last night the military says most of the hostages have been freed. at least 68 people are dead nearly 200 wounded five americans injured in that attack. a a terrifying video. leland vitter is here with the latest. >> good morning, ladies. a source on the ground tells us that there are six gunmen left inside that mall with an unknown number of hostages hold up on one of the upper floors of the mall. the standoff moves through the night. the kenyans tried to launch a major assault that ended last night. they don't have the ability or the equipment to really bring that forward. this all began saturday afternoon 48 hours ago. between 10 and 15 gunmen linked

to the militant group al shabab. they targeted only quote non muslims. as they went through asking people whether they were muslims or not and then shooting them at will. 60 people plus dead. it could go higher as ghoings on. there is cell phone video of people running out of the mall. you can hear the gun fire as people made their way out. it is an up scale shopping mall. it is not only by wealthy kenyans but diplomats making them a prime target. a number of americans injured. 5 americans injured. now there are reports there are americans on the other side the possibility that some of these gunmen are americans themselves we are told by a law enforcement official the fbi is now aggressively investigating how that connection might have been

made. back to you all. >> leland vittert live, thank you. two missing airmen after a u.s. helicopter crashed in the sea. three crew members were found in stable condition. the night hawk helicopter went down on the william p. lawrence. it was trying to land or takeoff from the here helicopter deck. that incident is under investigation. >> it could be weeks before we know what caused a star high school basketball player to collapse and die. evidences dogs conditioning drills when he said he wasn't feeling well and he collapsed. he passed away on saturday. >> humble, humble kid. >> we are going to stay at each

other's side and pray for the best. >> the results will not be released until all of the test results come back. a small plane makes an emergency landing on one of chicago's busiest roads. the pilot was forced to land the single engine aircraft on lakeshore drive. he was flying over lake michigan sunday morning when the experimental plane suffered mechanical issues. >> all of a sudden the plane just shook and vibrated violently the plane was shaking and i thought it was going to break up in the sky. that's when i made a mayday call. >> the pilot lands it in the northbound lanes of the road. thankfully no one was injured. >> the panel of independent networks saying the spy network may not be so independent. a new report says the panel has been working with hand in hand with director of national intelligence. according to the report they work in dni offices and interview requests in press

statements are all coordinated through the agency. the panel is even allowed to search u.s. laws demanding public access to their meetings. the president has said or he had said that the group would be independent and consider how to maintain the trust of the people. their first report is due in just a few weeks. fwe are a few hours away frm a full out fight on capitol hill to de fund obama care. both sides have just days to reach an griement or we could be looking at a government shut down. peter dos sigh is live with the latest. >> good morning, peter. >> good morning. republicans in the house have already voted to fund everything in the government next tuesday senths for obama care. president obama gave a lively speech this weekend where he said there is no way he wants to let that happen. we have come too far. we have over come far darker threats than those. we will not negotiate over

whether or not america should keep its word and meet it's op gageses. >> well, if that's the case then republican senator ted cruise says maybe it's time to chip away at obama care bit by bit. >> i think the house should hold test ground and should begin passing smaller continuing resolutions one department at a time. it should start with continuing resolution focused on the military. fund the military send it over and let's see if harry reid is shutting down the military just because he wants to force obama care on the american people. >> that plan to de fund obama care took heat from the left and the right. republican senator tom coburn says he doesn't know if that can ever succeed and democratic senator claire mccastle says leblgss have consequences and they voted in november in favor of the president's healthcare overall.

mccaskill{off-lin mccaskill{off-line} >> neil patrick air his performed in the middle of the awards with help with former hosts. >> give you a smidge of advise, look around, take it all in. enjoy every second of this. there's a good chance they won't ask you back last year. >> you have to do a song and a dance. >> a little tippy tap. >> some funny moments last night. a look at the winners and the losers last night. anna kooiman is watching it all. >> good morning to everybody at home. breaking bad made good winning tv's heist honor outstanding performance before taking a final bow his last season. >> holy (bleep). i did not see this coming. >> i have been blessed in the

past and this show has been nominated in the past, but what i really wanted was what we got. >> there we go the biggest shot of the night breaking bad star bryan cranston lost the best actor emmy to the newsroom jeff daniels. no surprises in the best actress category. >> claire danes, home land. >> the actress took home the trophy last year as well. then there was country star kerry under wood and her performance of the beelt song yesterday hitting a sour note with the crowd. sgloetd all my troubles seemed so far away ♪ >> many calling her tribute to the beatles and 50th anniversary of the jfk assassination off key and unnecessary.

host kneel patrick didn't resist breaking out into song and dance in the middle of the show also causing controversy. jam jack klugman excluded from the tribute. new york yankees honored their closer mariana rivera during his last weekend in pinstripes. the team retired his number 42. metallica did a live performance of sand man. rivera spent his entire 19 year career with the yankees. baseball's all time saves leader. >> jake jilgyllenhaal prisoners taking the top spot. >> i am going to find your

daughter. >> show me your hands right now. >> took in 21.4 million bucks. insidious came in 2nd with 14.5 million and "the family"" in third with 7 million. >> the weather is getting a little bit chilly. >> before you leave the house this morning we are going to get the first degree weather update with maria find out if we need to bring an umbrella today. >> if you live in the great lakes, northeast midwest you need a jacket early this morning. you might need it later on in the afternoon hours. some of you will be climbing into the 70s. this is where we have a disturbance moving into parts of colorado and sections of wyoming. there are no areas of rainfall this morning. some of you are seeing a little bit of snow. snow across the northern rockies through out the weekend and snow

coming down in parts of colorado. nice to be seeing some of that snow early in the morning. otherwise great lakes some of you waking up with temperatures only in the 30's. 46 in burlington, vermont as well in the city of maine. we will be producing areas of rain across parts of florida and the gulf coast. heavy at times today and tomorrow. s some of you could be picking up 8 inches of rain. that could be a flooding concern. grab the umbrellas. that is across parts of florida. >> it is 42 minutes after the top of the hour. ever wish you could erase the painful memories of the past? you might be able to soon with just a pill. >> are you sick of having to shut off your phone, ipod, ipad, kindle when flying? new guidelines in the skies may change all that. we all like?

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>> so sweet walking hand in hand down the streets of new york city this morning. good morning to you. thank you so much for starting your week early with us. >> the doctor who helped the cia locate osama bin laden is getting a new trial. he was stensed to 33 years in prison for his role setting up a fake vaccination campaign to find bin laden's whereabouts. the sentence was too harsh. he is set to appear before a judge tomorrow.

football over face. that is a decision one atlanta georgia church is making. a congregation at the friendship baptist church voted to accept the stays offer of $19.5 million for their land. the land will become part of the site for the new $1 billion atlanta falcon stadium. >> we will be able to provide the even greater level of service and ministry which it so desperately needed in order to transform this community. >> the church is now looking for a new piece of property to build a new church on. ainsley? >> thanks, heather. ever wish the flight tan dance would let you keep your electronic device on during your flight. let means that for a-- me answet for all of us. they have plans to relax restrictions. fox business joins us with the story. is this a done deal? >> not yet. faa advisory panel said this

week to finalize recommendations to scale back on those electronic restrictions on airplanes. the new guidelines will let them reed e books listen to podcasts even watch videos during the whole flight. anything short of making the phone call and using wi-fi. they have reported hundreds of incidents where they suspect electronic devices caused some instruments to malfunction but regulators never found evidence of electronic devices interfering with flight instrumen instruments. this panel was supposed to report back in july but requested an extension until the end of september. it was not a simple issue. they can tolerate interference like wi-fi on board.

they will set the guidelines by the end of the month. the faa will put it in effect by the end of the year. >> can't come soon enough. >> almost until the top of the hour. do you ever wish you could erase the painful memories from the past? soon a pill may be the thing that allows you to do that. >> trader joes trying to market repackaged food that is past the sell-by date. but first let's check in to see what's happening on fox and friends this morning. hey, steve. >> good morning ladies. that's a crazy story. we are going to the dogs. it is true. we have special pups to tribute the 5th annual meet the breed events happening this week. donald trump talks about the budget care battle and it was a

big night in hollywood. but if you didn't stay up late to watch the emmys. don't worry we will tell you the winners. >> world war ii soldier his heartfelt letter and medal reaches his daughter 7 decade later.

researches say it could lead to medical advances such as treating those with post traumatic stress disorder. food for thought. 40 percent of america's food is wasted because people are confused with the sell by and expiration date. trader joes will start a new store specializes in expired food. he plans to repackage food that is past its sell-by date but is still safe to eat and sell it at huge discounts. would you buy chicken if it is after the sell date? >> no. after 65 years a houston landmark is no more. >> this old macy's building demolished in an implosion. it happened sun dmierng. the 10 story building which originally opened as a departmefoal

dleepts store in 97 went down with a cloud of dust in seconds. a brand new shopping center is planned for the site. >> a big day for a little super star. meet henry the second polar bear ever born in australia. he's making his first public appearance in queensland this weekend at 19 weeks old. he is exploring and rough housing with his mom in the brand new home. he is named after henry hudson the famous explorer. >> they are cute when they are little aren't they? >> it is 5 minutes to the top of the hour. bad news if you are a chock awe hall lick why you have to dig deeper to pay for the special treat. >> a special moment for one of the nation's seheros but it didt stop him from seeing the birth of his child. the heartwarming story coming up next. ♪

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>> welcome back. two minutes till the top of the hour. before you leave the house, here's what'sñr happening. atñi this hour special forces still engaged in a standoff with terrorists at a mall in kenya. the military says most of the hostages have beenñi freed. a shutdown showdown on capitol hill. congressñr will debate a house billñi that avoids a government shutdown but defends obamacare. phrofpb's police commissioner -- boston's police commissioner set to announce his resignation, rumored to be up for homeland security. >> time for the good, the bad, and the ugly. first the good. a soldierçh# deployed to afghanistan watching the birth of his twin daughters via skype. this picture captures his reaction to seeing those little girls the very first time. next the bad. you could be paying more for your next chocolate

fix. prices going up because of a shortage of cocoa beans. finally the ugly, an alleged mafia cop killer busted on the beach in italy. he had been on the run after being released on parole and never reporting back. >> have a great day. "fox & friends" starts right now. >>elisabeth: good morning. it is monday, september 23. i'm elisabeth hasselbeck. we start with a fox news alert. special forces under siege as they try to close in on terrorists at a mall in kenya. this as we learn some of the attackers may be from america. breaking details shaed. >>steve: lastr the big night for tv's hottest shows. >> and the emmy goes to? "breaking bad." >>steve: that's cute. we've got the winners. we've got the losers and all your must-see tv highlights. there was a lot of hugging there. >>brian: i think there is. do your teens have