take action. zero tolerance, zero common sense. thanks to everyone who responded. have a great day. "fox & friends" starts now. bye. >>elisabeth: good morning. it is tuesday, september 24. i'm elisabeth hasselbeck. we begin with a fox news alert. as the attack on christians in kenya goes into day four, stunning revelation on who may have been behind it. the widow and the jihadi woman is no secret to terror. details ahead. >>steve: you can't fire me. iñi quit! disgraced i.r.s. official lois lerner snuck out before she could be punished and canned and she's taking her six-figure pension with her. how does that happen? we're going to tell you. >>brian: we'll ask cheryl casone what she does next. disabled riders no longer allowed to skip to the front of the line at disney parks. instead they're being told to come back another day. we're going to tell you. who do we thank for that.

a friend of mine twists his ankle; got in first. "fox & friends" starts now. >> you're watching "fox & friends," a great reason to begin your day. >>steve: thank you, don king, for kicking things off on this tuesday live from the newly refurbished studio e with brian kilmeade and elisabeth hasselbeck and moi. >>brian: you can watch us on twitter or the couch. world leaders come to the united nations to stop traffic and clog up tunnels and give security people and ear piece makers a real boost. >>steve: i was going to say with the united nations thing, it is dictator gridlock. there's a dictator everywhere around here. >>elisabeth: guards up everywhere. navy meetings here and there. we're going to talk more about that. we're going to begin with a shutdown in the senate. in six days the federal government will close its doors for business. that is unless lawmakers can reach a deal about

funding obamacare. >>brian: we use the same opening in the prompter every six months for the last four and a half years. right now it is clear democrats and republicans are extremely far apart. >>steve: kelly wright is up and at em in ournb nation's capital with details. >> it's anybody's guess. good morning to all three of you. the political battle lines over obamacare and a possible government shutdown are clearly drawn now. senate majority leader harry reid says the house republicans issued a ransom demand to defund obamacare or shut down the government. reid adds he and president obama will not support any bill that defunds the portable care act but some republican conservatives say they are determined to try. senator ted cruz, for example, who pushed for republicans to add language to defund obamacare to the bill to keep the government running past september 30

wants to strip the affordable care act from the senate bill. >> i don't think we should shut down the government. and today the motion i filed, harry reid objected. if he had not objected, we would have taken a government shutdown off the table. it's harry reid and the president who are saying unless they can force funding for obamacare, unless they can force obamacare on every american family, they're going to shut down the government. >> white house press secretary jay carney says the president is willing to accept a short-term continuing resolution but adds the president has made it abundantly clear that funding or fiddling around with the prospect of default is utterly irresponsible, and we cannot do that, he adds. republican senator lindsey graham predicts that obamacare will take a hit but won't be defunded. he's basically asking for some sort of a deal to

delay individual mandate. if they fail to reach a deal between congress and the white house, the government could shut down on october 1. guys, sorry about that. i was losing my vision. >>steve: are you okay now? >> i'm okay. >>brian: jay carney calls it irresponsible but only for republicans. he's trying to paint them as evil lawmakers. >>elisabeth: not at all. we've heard a lot of not so classy language from the left as public opinion starts to turn on obamacare. listen. >> we're not going to bow to tea party anarchists who deny the mere fact that obama is -- that obamacare is the law. we will not bow to tea party anarchists who refuse to accept the supreme court ruled obamacare to be constitutional. >> this is playing with fire. legislative arsonists are at work when they start using the debt limit for their own agenda. i don't even like to use

the word republicans because this is a name that has been hijacked by a segment of the republican party, the tea party element. >> you have never seen in the history of the united states the debt ceiling or the threat of not raising the debt ceiling being used to extort a president. >>steve: if they're using language like that, they obviously have the -- obviously somebody has gotten their attention, and that somebody is ted cruz. essentially what he's going to try to do tomorrow will be ted cruz's alamo. he essentially will filibuster the bill that passed the house that defunds obamacare and that all republicans want. it's clearly a political strategy, but here's the thing. mitch mcconnell has already said i support the house bill that defunds obamacare but i'm not going to vote to block it. so, in other words, ted cruz and mike lee right now kind of are out there by themselves. >>elisabeth: listen to that hr-pblg.

it's interesting because -- listen to that language. the administration seems more quick to the reflex when it comes to attack language with our own senators than it does respond to terrorist attacks that have been happening. they were late on the ball calling what happened in kenya a terrorist attack yet they are using the word hijack with senators. obviously it is something we're trying to wrap our brains around this morning. >>brian: this would have been an opportunity for the president to say i've got problems with obamacare too. use this as an opportunity to delay the whole plan or part of the plan and say the personal mandate, put that on hold. the threshold when it comes to mandatory insuring of employers, put that on hold. that could have been the negotiation and they could have said i'm the compromiseer in chief. that is not what they have chosen to do. the strategy, the spirit behind repealing the law, ted cruz has a lot of support. in terms of the strategy, charles krauthammer among the many who say not now, not here.

>> no rational republican wants to. i'm not even sure the irrational republicans want to. the entire history of shutdowns, the opposition is the one that takes the hit. on obamacare republicans are winning. even labor unions are up in arms against obamacare. why would you want to step in the way. the oldest adage in politics. when the other guy is committing suicide, get out of the room. >>steve: what it all comes down to is it comes down to this. there is going to be this vote tomorrow, harry reid needs 60 votes to go forward. they haven't even talked about the bill yet per se. this technical thing called cloture. once he gets 60 going forward, all he needs is a simple majority. once they get 60 on wednesday, then all they have to do is a simple majority and they'll go let's take that defunding thing out. and they could easily do that because the democrats have 54 votes. so that's what ted cruz is trying to do, trying to say

stop, let's not vote on this right now even though it's a bill he supports. >>elisabeth: that is what he was elected to do. take a look at what the people want. you have the pride of the president versus the will of the people. you have physicians opting out and certainly americans don't want it and yet our president continues to try to push it. indeed this continuing resolution will be on his lap. >>brian: the one thing they can do and get it across, and have a hard time if democrats reject it, it was brought up yesterday by senator vitter and senator graham is say i want everybody on obamacare, every congressional staffer, none of this financing coming from the outside, make everyone take obamacare like they force americans to do and letoññ see how many go we don't want any part of it. then you might see people come around. i thought one great quote was before we accept obamacare go home and talk to your wife because your

wife's writing the bills. even though you might think that's sexist that is in most cases the truth with lawmakers. they're writing the bills and are going to have to write a check for an additional $700 per person a month. that is what america is stuck with. >>steve: in a couple of hours the president of the united states is going to tie up traffic significantly on the east side of manhattan as he speaks to the united nations general assembly, and all eyes are over there in that corner on those people from iran. >>elisabeth: thursday secretary of state kerry will meet with iran's foreign minister, the highest level of talks we had since 1979. will president obama meet with iran's new president? hassan rouhani? >>brian: doesn't look like it. it is amazing democrats and republicans are getting together on this. senator menendez teaming up with lindsey graham saying mr. president, keep in mind who they areçó and what they're doing. senator schumer and senator mccain: understand they have a nuclear program they must own up to before you

talk to them. people around the world are getting nervous after they saw the way syria and that deal came down. i understand the best chance they have of meeting might be a semi scripted step aside or handshake at lunch today. >>steve: i bet they do meet. i bet they have a chat of some nature. ambassador john bolten had this to say regarding that with greta last night. >> they're using the first days in office of hassan rouhani to smile, to try and convince gullible westerners that they're moderates and that they're different from mahmoud ahmadinejad. they are different, much more savvy. they are not going to change a single thing about iran's nuclear weapon program but they're going to try to take advantage of president obama's weakness to buy time, to get relief from the sanctions and to continue with the nuclear weapons program. i call it the diplomatic equivalent of the p. t-bar

number doctrine. -- p. t-barnum doctrine, a sucker born every÷ >>steve: you've got to keep in mind secretary of state john kerry is going to be meeting with iran's foreign minister, the first time we've had serious talks with him since 1979. a lady walked in over there. >> there is a lot of news this morning. we've got a fox news alert to bring you. some brand-new explosions taking place at that mall in kenya as the battle there enters its fourth day now. at least 62 people are dead and nearly 200 have been injured so far. the kenyan government confirming three terrorists have been killed but the remaining attackers say they still have hostages in that mall. there's also a brand-new report out this morning about one of the possible attackers. take a look at this lady right here. was one of the killers the britain's notorious white

widow? samantha luthwaite, a widow of one of the suicide bombers who blew up their transit system in 2005. a doctor who helped the c.i.a. find osama bin laden is expected in court today for a new trial. shakil afridi was sentenced to 33 years in prison for settingç(u( that sting operation to verify osama bin laden's identity and also his hroerbgs. his -- and also his location. his conviction was overturned because a judge said that sentence was too harsh. a man found dead after a skydiving incident went terribly wrong. the 56-year-old was one of seven people who jumped from 29,000 feet over the state of tennessee. he never arrived at the landing site and then a six hour search ensued. crews located his body. they found his parachute was not fully deployed. investigators not sure if that chute malfunctioned or if the victim was unable to

open it. after nearly two years in afghanistan a soldier gives his kids the surprise of a lifetime. first he went to his son's classroom. watch. >> daddy! i missed you. >> i missed you too. >> then he walked down the hall to see his little girl. his daughter was having lunch when she saw her dad. take a look at this. >> how excited are you? >> very! >> why? >> because i love my daddy. >> i was afraid she wouldn't recognize me because i had been gone so long. but she recognized me. >> arm staff sergeant corey humphrey says his next mission taking his kids to disney world. those are your headlines at this hour. >>steve: thank you. >>brian: 30 seconds before 14 after. >>elisabeth: nancy pelosi says there's nothing left to cut because the president has already cut enough. >> president obama, when he became president, he said

i'm going to cut the deficit in half in four years. he did it in four years and three months. >>elisabeth: i'm doing the math here. i don't know. stuart varney says her math is fuzzy as well. he's right here as well. he's right here as well. i'm trying to do the math. it's not gonna happen. and when the pounds still come off... we'll be like, "whoa!" e night we'll even eat a cupcake like it's our job. just not the entire cake. that's part of the weight watchers plan. we're gonna feel happy... healthy... and good. really good. weight watchers. because we understand. because we've been there. because it works. join for free. offer ends october 19th. do you mind grabbing my phone and opening the capital one purchase eraser? i need to redeem some venture miles before my demise. okay. it's easy to erase any recent travel expense i want. just pick that flight right there. mmm hmmm.

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check the map. verizon's 4g lte is the most reliable, and in more places than any other 4g network. trade in your old device and trade up to america's most reliable network. i've got the good one! i got verizon! that's powerful. verizon. >>brian: maybe -- the government's money set to run out in six days as nancy pelosi says there is nothing left to cut from theñi budget. >> there is no more cuts toçó make. it's really important that people understand that.ñi we all wantçó to reduce the defiov)u remember this. president obama, whenñi he became president, he said i'm going to cut the deficit in half in four years. he did it in four years and three months. he did that. >>elisabeth: can i get a

calculator? does her math add up? stuart varney might know the answer to that. he's here to explain. i thought the complete opposite occurred. i'm looking at numbers here. >> it was president obama who ran up the deficit. in his first full year in office, $1.4 trillion. and it's been above $1 trillion every year since then. look at that. $1.4 trillion first full year in office. so it is technically correct that, yes, the president has cut it in half, $650 billion this year. but put it in context, it was the president who ran it up in the first place. the only reason it's come down, or the main reason it's come down is because of tax increases, not spending cuts. >>steve: stuart, what's important to remember is when then-senator obama said i'm going to cut the deficit in half, it was like $450 billion, so half of that would be 2 hundred something, but rather than going that way we went north of a trillion. >> the other part of

pelosi's statement is the cupboard is bare, we can't cut anymore. we've got a near $4 trillion budget, $3.8 and change. you mean to tell me you can't find any more savings in that? >>elisabeth: where would you start? >> $200 billion worth of waste and fraud. you're telling me that all there is -- is there no waste and fraud in the $80 billion a year food stamp program, earned income tax statement? the obama cell phone program? >>brian: she also went on to say republicans want medicare and social security to die on the vine, which is not true. but both those programs need to be fixed. any responsible chief executive would attack them. >> the government's own bean counters told us if we go on like this -- medicaid, medicare, you name it -- if we go on like this the deficit kphroedz right after -- explodes right after president obama

leaves office because he will not touch spending. my basic contention is you're spending all this money and you won't stop spending it because you're buying votes with it. that's my -- >>brian: at 9:20 on the fox business network, that is when varney and company kicks into gear. you don't really get started until 9:40, when you finally get familiar with the topics. we look forward to seeing you then. >>steve: your first time on this couch? >> it is. >>steve: stuart, thank you very much. >>brian: everyone remembers their first time. >>steve: 20 minutes after the top of the hour. coming up, harry reid says he will block any bill that defunds obamacare. >> the ransom demanded by house republicans is unworkable and unrealistic. >>steve: how far are republicans willing to push? the man behind the bill that the senate is considering, congressman tom graves, up next. >>brian: a dad hauled out of a public meeting and handcuffed for daring to challenge his son's core

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>>elisabeth: 24 minutes after the hour. time for quick headlines. the six-month long hunger strike at guantanamo bay over. prisoners claiming victory thanks to media attention. their original goal was to force president obama to shut down the facility. the u.s. army to set a new regulation on tattoo. the service will be on any ink below a soldier's elbows or knees. it requires removal of offensive tattoos. >>steve: thank you, elisabeth. six days to go until the u.s. government runs out of

money if a continuing resolution is not approved. the government could shut down. but a new house bill passed on friday in the house will avoid a default and give government the funds it needs to keep running. the catch? it defunds obamacare. but if the u.s. senate goes along how far are house republicans willing to push? joining us the lawmakers behind the bill, georgia congressman republican tom graves. good morning. >> good morning. it is not six days from the sho*upb. it is -- from the shutdown. it is six days until america has to submit to obamacare. that is what the focus should be on this week. we sent a bill to the senate that accomplishes our objectives and that is keeping the government open while protecting our constituents from obamacare. and it really comes down to a handful of democrat senators who will be making the most important vote of their political career. and they'll be looking back at this vote and determine whether or not they are a u.s. senator, i imagine, as a result of this vote.

take, for example, north carolina, kay hagan or mark pryor in arkansas. >>steve: we've got a graphic of these people. go ahead. >> ms. landrieu of louisiana or mark pwe -- begich of alaska. they have to be hearing the pain and concerns of their constituents that we've heard in our districts. it is our hope they will listen to their constituents and he is kaeufp the clutch of -- and escape the clutch of harry reid as he's trying to do now. >>steve: your bill is now in harry reid's court. almost famously, ted cruz who is part of your party is saying he's going to filibuster your bill, even though he supports it, so harry reid can't do a procedural thing so that eventually they'll strip your provision that defunds obamacare from it. what do you think of what mr. cruz is doing? >> the one thing i'm

certain of in the senate is everyone is unified around protecting america from the effects of obamacare. now it's a matter of process and procedures and what senator cruz is doing is everything he can, i imagine, to accomplish his goals of keeping the government open and protecting america from obamacare. i'm not familiar with senate procedures as they are, but i know his motives are pure and his intent is to accomplish those goals that we're behind. >>steve: the conventional wisdom is that the filibuster won't work; harry reid will strip your provision out and they'll go ahead and kick it back to the house. if they take out the defund, would the house members on the republican side then vote perhaps on a bill that would delay obamacare? >> i would say that, first of all, i don't want to dismiss what the senate may or may not do. i hear a lot of media act as if they're not important in this part of the process. but when we outline those

democrat senators who are in tough seats now, up for reelection, as well as others who are retiring from red states, i think the senate has an important role to play here. i want to watch that play out before the house responds. but our objectives are clear. let's keep the government open and protect our constituents, and there are multiple ways we can do that. but the first step is see howq the senate acts. >>steve: they should take a vote tomorrow sometime. congressman tom graves, republican from georgia, thanks for joining us today from atlanta. >> you bet. thank you. >>steve: next up on the rundown, the woman at the center of the i.r.s. scandal calling it quits. retiring. but are the american people still on the hook for her legal fees? good question. stay tuned. then it's the first of its kind in education centers specifically designed for wounded warriors, and anna kooiman is there right now. good morning to you, anna. >> good morning to you, steve. good morning to everybody. working out in the wounded warrior project at our

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>> while i would very much like to answer the committee's questions today, i've been advised by my counsel to assert my constitutional right not to testify or answer questions related to the subject matter of this hearing. after very careful consideration, i have decided to follow my counsel's advice and not testify or answer any of the questions today. >>steve: oh, lois. >>brian: by doing that, she took the fifth. of course everyone said didn't you just give up your right to take the fifth amendment because indeed you just declared your innocence? the truth is she was about to get fired. she jumped the gun, quit. she gets full benefits now, elisabeth. even democratic senators said did a bad job but she's not playing politics. >>elisabeth: after improperly targeting americans who thought they were conservative with their taxes, she is going to be taking more money -- could be -- if we are refunding her trial going

forward, are we going to continue to pay her pension? it is infewer -- infuriating. >>brian: right now. will she be called to testify now? darrell issa says absolutely. >>steve: will she face criminal charges? her legal fees? all we know for sure is she decided since they were going to can her, she had to get out and get what she could. at this point she does get her pension which has got to be close to $100,000 a year. >>elisabeth: if not more. >>brian: her e-mails don't live up to what she claims to not have done. now the rest of the headlines. >> whoen earth would do this? -- who on earth would do this? police in california are trying to find out whoñi torched the statue of ronald reagan in his home state. here is what the tribute to the late president looked like thursday night. but now the paint is burned off and the tiles are damaged. harry peters helped run the

nonprofit donation. listen. >> the people and volunteers who built the park here without government funds were insulted by this. >> they did it on their own. police so far do not have suspects. disney taking the magic out of the magic kingdom. starting next month they'll get rid of a rule that allows disabled guests to skip to the front of the line. the reason disney cites? too many people are faking being handicapped. starting on october 9 guests will get a disability access card and printed on it will be a time to enter a ride based on the wait time so they don't have to wait in line. air new zealand wants to take passengers to the ends of the earth. that airline known for making unusual safety videos like this one with a reality show host is launching its first route to antarctica. pilots will land on a

runway made entirely of ice. only scientists and their staff are eligible. an update on a story we've been following for you. a maryland apparent arrested for asking questions about a core curriculum at a public meeting. listen to this. >> my question is how [inaudible] that's what it's all about? >> let him ask his question. [inaudible] >> don't stand for this. you're sitting here like -- you have questions -- >> after getting arrested, all charges are reportedly being dropñed against robert small. he was charged with assaulting a police officer. he could have faced ten years in jail. you know what he did that was so wrong? he asked a question when he was not supposed to. naughty, naughty. >>steve: what do you think about that? e-mail.

do you think it would be appropriate for them to charge that guy for saying i've got a problem with the core curriculum? >>elisabeth: we have maria outside with weather for us. >> i'm inside. >>elisabeth: you're inside? hi. i thought you were outside but you're here. >> at 6:00, around 6:37 we'll be doing inside. >>elisabeth: it is warm in here. >> it is much warmer in here. thank you for having me inside. i appreciate it. let's look at weather conditions across the northeast. we are looking at chilly conditions across the region and also chilly conditions in parts of the great lakes. it is so chill year we're waking up to frost advisories and freeze warnings in effect. we have temperatures early this morning in the 30's and 40's. bundle up as you head out the door. by the afternoon hours it is going to feel a lot nicer. high temperatures will make it into the 60's and 70's across most of those areas in the great lakes and northeast. temperatures in texas hot, 97 for your high. in san antonio showers and

storms forecast across florida. we picked up as much as six inches across florida so flooding is a concern. >>brian: let me tell you what happened on monday night football. ifpeyton manning and broncos, a blowout on the field. manning offered an incredible start. he's playing like he's 21, not 38. in second quarter you'll see the broncos go up by a score of 17-7. to julius thomas. he runs for 13 yards out. on other side three touchdowns for manning. broncos win 37-21. raiders did have offensive moments but in the end the broncos are too good. ravens wide receiver jones injured after a brawl on a party bus, reportedly hit in the head with a champagne bottle by an

exotic dancer. no arrests were made because witnesses refused to say what happened. john harbough said afterwards do you want to be known as a great football player or be known for stuff like this? >>elisabeth: 35,000 injured service members are helped by the wounded warriors program. anna kooiman live at the first education center designed specifically for wounded vets. >> good morning. we're in jacksonville, florida, at the track center. there is another one in san antonio, texas. this program is designed to get wounded warriors back on their feet physically and emotionally through motivation, skphrepbs, team work -- excellence, team work, attitude and leadership. i had a great opportunity last night to attend the believe in heroes campaign, joined by john sullivan with the wounded warriors.

good morning. tell us how people at home can get involved in this through simple products from grocery stores. >> for the believe in heroes campaign brings together 40 iconic brands and over 100 grocery retailers and allow the american public to support wounded warrior projects in the simplest ways. >> you guys have been able to raise how much money? >> over ten million dollars. >> here's the deal. right now i'm getting an amazing workout from brian wagner injured by an i.e.d. in 2007, lost his leg and now trying to train everybody, including me this morning. how are you? what have you got for me? >> i want to you do back flips. okay. >> back flips, okay. >> flip it hard. >> this guy has a bronze star, purple heart and now he's giving back to the wounded warriors project. what you got? >> what is this going to be working for me?

>> working shoulders, your back, core, quads, all that good stuff. >> the pink shoes were messing me up. that was the problem there. >> two more. >> elisabeth, brian and steve, i've got one more exercise. >> fox jumps. get up there, get down. >> over to you, brian, elisabeth, steve. >>brian: back to the basics. balls, bags and boxes. >>elisabeth: anna, great story. certainly a great cause. >>brian: last night hosted that dinner for them over in jacksonville. >>steve: i've been at that track center. it is amazing. a lot of money goes to the wounded warrior project. that is one of the places where they put that money to good use. >>elisabeth: absolutely. up next, a fast-food chain is serving up a healthier version of one of its very

famous items. so will you eat it? stay tuned. >>brian: you saw it here on "fox & friends." >> the president thinks obamacare is a good idea and if john roberts thinks he can twist the constitution and make obamacare constitutional, he ought to get it. >>brian: senator rand paul wants congress and the supreme court to be forced to enroll in obamacare. but is that legal? the judge is here next. it has to be legal. ♪ ♪ [ male announcer ] house rule number 33. coffee should come in one size: mug. stay grounded with the rich, bold taste of maxwell house coffee. always good to the last drop.

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>>steve: time for quick headlines. can burger king satis-fry you? starting today burger king introducing crinkle cut

french fries that have 243 cal rhys. they will cost more. cost more, get less. if you enjoyed the book 50 shades of grey, how about trying this new wine based on the series? for 18 bucks a bottle you can choose between red satin and white silk. i bet you have to read the book to actually have that make sense. >> 18 bucks. >>brian: that was my cue. senator rand paul has a proposal for congress and the supreme court when it comes to senator obama. >> the president thinks obamacare is a good idea and if john roberts thinks he can twist the constitution and make obamacare constitutional, he ought to get it. >>brian: after he said that on our show yesterday, your comments came pouring in. forñi example, why not? if it's good for the citizens, why not make congress, president, courts and government employees

get the coverage? also -- not only a good idea, it's a great idea. why shouldn't these bodies be subject to the same laws as us. >>elisabeth: but it legal to make that change? we are going to ask senior judicial analyst judge andrew napolitano. question indeed. >> there is a lot of republicans, conservatives, a lot of independents, even some democrats who think that when the congress writes a law that generally regulates the public, it should apply to members of congress as welling. this is an extreme example of where congress visited a heavy, heavy regulatory scheme on everybody in the country but themselves and their staff. and it's just not fair. i share senator paul's outrage and i think most americans share that outrage as well, basically saying newt gingrich tried this with the contract for

america during the clinton administration, and couldn't get it passed. whatever laws you write for everybody, it apply to you as well. >>steve: doesn't this apply to the members of congress and their staffs because of a little rider that charles grassley inserted in it and recently the dim said people can't -- and the administration said people can't afford it on capitol hill, we'll give you an exemption. >>steve: the statute gives the president so much authority to grant delays and exemptions. it arguably violates the constitution for that reason. the constitution says congress writes the laws, the president enforces them but when the constitution allows the president to change the laws for political allies that is effectively the president rewriting the law which the constitution prohibits. senator paul's proposal says whatever laws congress writes that regulate the population apply to members of congress and everybody

will put a stop toxd that. >>brian: who is going to fight againstñi this? are you going to go i'm worried about the chief of staff of my congressman? like it or not, those staffers don't get much money, do it for the benefit of experience, have to get another job in many cases. >> harry reid would never let it go for a vote in the senate. it would sail through the house. but if it sailed through the senate it would sail through the states. to aepl -- this would amend the constitution in record time if it could get through the democratic senate. >>elisabeth: that ratio explains why it won't happen. >>brian: this in particular could go in there; right? this in particular, this stipend they get to pay towards their own coverage would actually be in obamacare; right? >> yes. >>steve: how much do the justices make on the supreme court? >> you know, that's a good -- you did stump me on that. i'm going to guess around

210 thousand for every not guilty they get. >>brian: thank you very much. >>steve: coming up on this tuesday telecast, two very controversial stories. first a boy suspended from school for playing with a toy gun. but he wasn't at school. he was in his own yard, believe it or not. >>elisabeth: we want some answers there. this woman igniting a firestorm this morning. should pregnant women be doing cross fit? the man to ask, body by jake, is here.

>> brian: these pictures created quite a stir. a woman in her third trimester pumping serious iron while cross fit training. it's not just her pregnant condition making this a risk. >> elisabeth: turns out the workout can if not done properly, cause a serious kidney condition. put one woman in the hospital for a week. can it kill you? we have questions that we are going to ask. industry icon responsible for creating this, ceo of body by jake. >> hi, guys. great to see you. you superstars, you. >> elisabeth: not at all. >> i was one of the first guests on this show in 2000. steve is over here. he doesn't want to hang out with me. but go ahead. >> brian: what do you think of cross fit? pregnant or not, do you like it? >> i got to tell you something, everybody is different. i think it's a cool thing to do. i think you don't want to overtrain. just like anything else, it's about moderation.

people take it to the extremes. what i would say check with a doctor before doing any kind of exercise program. if this gal was doing the cross fit before she was pregnant, awesome. >> elisabeth: they tell to you continue. >> but it's about moderation. listening to your own body. don't make yourself crazy. >> elisabeth: so yesterday you're with governor chris christie on a new program. tell bus it. >> it's been outstanding. i was a fat kid with a bad stutter and my dad bought me a set of weights at 13 that changed my life. not only did it build my body, but confidence and self-esteem and the fitness business has been very good tonight i was the chair of the fitness council in california for arnold schwarzenegger for six years. a career with jerry brown i came up with a couple initiatives. putting a fitness center in an elementary or middle school changes things. in california we saw test scores

go up, teenage pregnancy goes down. things really happen. but you can't do it with the government money. no taxpayer funding. so i did, as an entrepreneur, i just picked up the phone and started calling corporations. coca-cola stepped up big time. they've been outstanding. >> brian: what other corporations have gotten behind you? you're calling up governors saying here is $300,000, i want to build a gym in your state. they can't believe it. >> elisabeth: you got the money first. >> we had the money first and then you're right. i called governors cold. it's been very exciting that i've been sort of making my way across the country. this last week we started in georgia, west virginia, chris christie here and then delaware. nine days, four states, four terrific governors, a million, $200,000 worth of fitness centers thanks to company likes coca-cola who are stepping up big time. >> elisabeth: great movement indeed. you'll have more states on that list, i'm sure.

thanks. >> wheels up. that's what we do here, like that. >> elisabeth: coming up, what your kids really learn in school, do the books have a watered down version of the amendments what do you think? [ mom ] yea, give it more sparkles. [ male announcer ] your kids make great things. so give them a tasty, wholesome snack that has eight grams of whole grain... and is now made with real strawberries and bananas. honey maid teddy grahams. two new flavors now made with real fruit. honey maid teddy grahams. anbe a name and not a number?tor scottrade. ron: i'm never alone with scottrade. i can always call or stop by my local office. they're nearby and ready to help. so when i have questions, i can talk to someone who knows exactly how i trade.

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[paul] when we started hiring,we turned on payroll. [kevin] it's like our pizza.you add the toppings you want, leave off the ones you don't. [kevin] now business is in really great shape. [announcer] start using intuit quickbooks for free at quickbooks-dot-com. >> elisabeth: good morning. it's tuesday, september 24. i'm elisabeth hasselbeck. president obama not only speaking at the u.n. general assembly this morning, he's also considering a meeting with the president of iran. is that a good idea or a diplomatic trap? we're going to ask rudy guiliani. mayor up next. >> brian: how do you know that? >> elisabeth: i know. >> brian: you can't fire me, i quit. disgraced irs official lois lerner ditching her top spot in the department before her punishment can actually come down. don't worry, her six-figure pension is in the mail. wait -- after she got the summer off. wait 'til you hear what else you might be paying for. >> steve: i thought you quit on

television. get this, this young man won't be going to school for the rest of the year. he has been expelled for playing with a toy gun in his yard. has zero tolerance gone way too far? we're going to tell think and so much more. hour two for tuesday "fox & friends" hour two live from new york city starts right now n this is former mayor rudy guiliani, you're watching "fox & friends," one of my favorite shows. >> steve: if it's one of your favorite shows, come on over to the curvy couch. >> brian: look who is here, rudy guiliani. do you want to go face-to-face? >> yeah, yeah. >> i don't know what we disagree about, but we'll see. >> brian: we got to find something. maybe lunch. >> steve: thanks for making it over here. the general assembly is in town and it's always hard to maneuver through new york city, as you know, when this happens. >> brian: not when he. he gets right through.

>> with all these people here, always worried about somebody getting shot or killed, the traffic, people complaining. worst week. when it was over, i used to take a day off. at night i would have a nice scotch and say man, i'm glad they're all out of town and if they get killed, get killed somewhere else. not new york, baby. okay? you want to kill arafat, okay. chicago, boston. but not new york. >> brian: not new york. you make sure of that. >> it hurts tourists. >> brian: let's talk about what could be happening. some drama could be happening around lunch today because we know the president of the united states could be meeting with the president of iran. first let's go to heather nauert and get the rest of the news. >> couple headlines. the doctor who helped the c.i.a. find osama bin laden expected in court later today for a new trial. it is the first time that he's been seen in public in more than two years. he was sentenced to 33 years in prison for setting up that sting operation to verify osama bin laden's identity and also his location. his conviction was overturned

because a judge said that sentence was too harsh. a man found dead after a sky diving trip went horribly wrong of the the 56-year-old was one of seven people who jumped 29,000 feet over tennessee. he never arrived at that landing site, so then a six-hour search ensued. crews located his body eventually. they found that his parachute was not fully deployed. investigators are not sure if that chute malfunctioned or not. and she wouldn't sing, so lois lerner flying the coop. the woman at the center of the irs scandal has been on paid leave since pleading the fifth in may. this retirement comes right before a congressional review board was to recommend she be fired. ohio congressman from the house government reform and oversite commit says that investigation is not over yet. listen to this. >> we should pursue this as far as we can to get to the truth. american high school their first amendment rights to political speech targeted by the internal revenue service.

this is as fundamentally wrong as it gets. she should come in front of the committee and answer our questions. >> because her timing, she'll still get to collect a hefty pension and word is out that taxpayers will have to pay her legal fees. an update on a story we have been following for a few days. a maryland parent arrested for asking tough questions about core curriculum at a public school meeting. look at this. >> let him ask his question! >> don't stand for this! you're sitting here -- >> that's a dad asking questions. now all charges are reportly being dropped against robert small. he had been charged with assaulting a police officer and disturbing a school operation. he could have faced ten years in jail. he says he was man handled and shut down just because he asked inconvenient questions. a lot of viewers responding to this story on twitter.

james said the gentleman that was arrested at the school board meeting for asking a question should receive lois lerner's pension. robert said i think the security guard cop should have been arrested for assault and then malcolm said this, when are the people of this country going to stand up and threaten their candidates with their vote? and the last one here for you. the gentleman who was arrested at the school board meeting for asking a question, well -- back to you. >> brian: thank you very much. the attorney general and mayor rudy guiliani, long-time friends and cohorts and co-workers. let's bring you to the first story today. around 1:00 o'clock today, the president might be having a step aside or pull aside or shaking hands with the president of iran. should dee that, mr. mayor? >> i don't believe this is the point which he should be shaking hands with him. there should be more demanded of rouhani. he's been responsible for the murder of thousands of people. we think he's responsible for murdering 52 iranians in iraq,

and had seven hostages headed there. he has a lot of blood on his hand. he should be required to go through couple of steps before he talks to the president, like willing to give us an inventory of all of his nuclear facility, like he should start dismantling them and we should have inspectors them and the inspectors should start inspecting so we don't repeat the mistakes of the past. >> steve: i have a feeling, if the president does meet with mr. rouhani later today, this topic that you guys are here about where these 52 dissidents were murdered in a hospital on the first day of september, this is not going to come up. a lot of people haven't heard about it. what happened? >> what happened is this is a group of iranian dissidents who have been in iraq. we promised them in 2003 that they would be protected persons. we then pulled out. turned them over to the iraqis.

>> steve: they're on our side. >> they're on our side. they provided us information about the iranian nuclear program on an ongoing basis. >> brian: and one we didn't know existed. >> correct. the iranians have been trying to shut them down. i don't think it's any coincidence that this happened just on the eve of the kind of make nice charm offensive that the iranians are launching and so they shut down a potential source of intelligence. what we're trying to do is get the united states government to get the remaining people out of there before they, too, get massacred. >> brian: we know that they have their hands direct and indirect in killing of our guys in iraq over the last six, seven years. >> is a mafia hit. i know a lot about mafia hits. this is a mafia hit. these people were hit to shut them up, to shut people up inside iran 'cause here is what iran plans to do. they plan to negotiate with us and at the same time, very secretly, continue to go ahead and become a nuclear power. hey, gee, did i make that up? or did rouhani write that five years ago and brag about the

fact that he fooled us? the president will shake hands with this guy and the guy has written, hey, i made a fool out of you five, six years ago. i was negotiating with you and it didn't interrupt us one bit in enriching uranium. he wrote that. so they're planning to do that. now this group was the group that put the lie to that five or six years ago. it's their people inside iran that -- >> brian: the mek? >> the mek have been very useful to us in getting information that iran is lying to you. they really are enriching uranium and been very useful -- >> elisabeth: why hasn't this come up? >> they happen to be our friends. are we taking care of our friends in the world now or do we double cross them and suggest up to our enemies? >> steve: what's important to know about this is that while we say it was the iraqis who hit them, you characterized it as a mafia hit, the iraqis did it for the answers. >> of course. and some of these people said some of the people who assaulted them were talking farsi. so they had iranians on the

scene directing it. >> elisabeth: the chances this will come up if there happens to be a happenstance with the president? >> probably the chances of me being the next pope. [ laughter ] it was lifted -- like repeating history and getting it wrong again. it was listed as a terrorist organization 'cause president clinton wanted to make nice with the then reformer of the day. clint decided, if we make them terrorists, we will ingratiate ourselves to iran. iran is constantly trying to destroy this group because iran knows something that apparently we don't acknowledge. they are the best source of information we get about how they are moving toward becoming a nuclear power. they are very threatening the regime. there are seven people right now being held hostage in baghdad by the iraqis to send them back to iran so that the iranian regime can hang them. this is a group that has been

anti-mullah for a long time and stands for not only democratic, nonnuclear iran, but for equal rights between men and women. the head of the organization is a woman. >> we should put her on sometime and talk to her. >> brian: i want to bring you to something else. that's the al-shabab who took overt kenyan mall. you used to look at the threat assessment list as attorney general. tell me right now, what should we worry about here, because we understand as many as three americans did this operation. >> this is a group that has been -- a problem in my ice for a long time. there's a group of somalis living justneapolis and they have recruited from that group people to go over and fight in somalia and what we're concerned about is the possibility that not only what they're doing over there, which is bad enough, but that they might come back. we had a situation during the

bush administration where somebody from minneapolis went over there, blew himself up, and we tried to go in and offer condolences to the community and they were very stand-offish. they didn't want anything to do with the united states. >> brian: they don't want to be americans. they want to be terrorists. >> i don't know what the story is. i think we've got to make sure that we get people inside and find out what's going on with that group. >> steve: and you know what, mayor? because this was relatively successful over there, this is going to be a good recruiting tool for them. >> oh, yeah, absolutely. it will be. and they will go into places like this and recruit more people. attorney general knows this, but five or six, seven years ago, chris christie, when he did the fort lee case -- fort dix case, when they were going to kill the security guards, he told me that the biggest threat are these home grown people that are recruited by organizations like

this because we don't have the same coverage of them. and we have a lot of rules that stop us from covering them, a lot of rules that are placed on police departments, on the f.b.i., on covering these people. so we don't get the information we get sometimes internationally. he predicted then these would become the real problem six, seven years from now, that's happening. >> elisabeth: is this a message overall in broad stroke here, we're seeing the killings across the nation, is this a message to our president indeed? >> how about you show some strength? how about you go on offense? how about you say to rouhani, you want to meet? here are the five conditions we have for meeting. you give us an inventory, you let the inspectors in that you threw out six or seven years ago. you disavow your statement that you're going to fool us again like you fooled us last time of the you release the seven hostages that we know are being held for you that you're going to take to iran and hang so you can deter people from giving us information. and how about our government send an airplane over there and take these people that we promised protection to.

this is a solemn promise of the united states. you could get ten generals to come up here with us and explain to you how heart broken they are that their country has broken their promise. >> brian: we pulled out of iraq. >> how about we send an airplane? >> steve: we promised those people we would take care of them and now we turned our backs. >> elisabeth: thank you for bringing this to our attention. coming up, women's health care costs more, so shouldn't they have to pay more than men? we're going to debate it. the president says no, we should all share the cost. what do you need to know? we're going to tell you coming up. >> brian: the bombshell investigation, those reviews you read on-line are full of lies! wait until you hear how many of them. i blieve everything on the internet, so this is really going to be an eye opener for me ♪ ♪ turn around

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>> elisabeth: you're going to want to listen to this next story. we're telling you the devastating effects of obamacare and today it's hitting the men. right now, 23-year-old women pay over $30 per month in coverage, more than men for guys the same age. but the costs are about to go skyrocketing. here to explain as co-founder of american doctor for truth, dr. jane. welcome. this is interesting facts. the guys will end up paying the bulk of the cash moving forward with obamacare. how is it affecting men directly? >> obamacare is affecting men directly. let's take the four-year-old single male. he's a very low consumer of health care products and under the new law, under obamacare,

rather than an inexpensive policy in case he has a medical or surgical disaster, he's asked to step to the plate and purchase one of the new government-approved insurances. according to the government accountability office, these new premiums are going to average out of eight states they looked at, about 122% higher than currently the cheapest policies available for in the private market. >> elisabeth: i want to look at some numbers here. we have the sticking it to men, monthly average for a 23-year-old, if you check this out here, is $145, right? the premium. we have men ages 30 to 39, up 39% in terms of premium. up 60% here if you're 40 to 49. 30 to 39 is up 49% as well. was this something that was a mindful decision in terms of the government knowing they could make a little bit more here with the guys? >> yes, it was a mindful decision because if you look at the new mandated health policy

the government approved, they're including essential health benefits. those essential health benefits include maternity, pediatric dental and visit, contraceptive services and free birth control pills, none of which a young man needs or wants. so most of those guys are going to probably opt out, pay the fine, especially for the next two years, and remain uncovered because it's an economic disincentive. it's necessary, though, for the economics of the bill to proceed forward with those young men buying the more expensive policies to subsidize other demographics. >> elisabeth: they're seeing their long-term wallet here? >> yes. >> elisabeth: it's unfortunate here. the older set of men, are they also going to be bearing it for the short-term? >> the older set of men has a different set of kind of unfair impact of obamacare. if we take a look at the medicare aged men and by the way, this law impacts all men in

america other than of course our own congress, men in congress and their staff because, of course, they've been exempted from some of the pain of the obamacare law. but older gentlemen who are on medicare, this bill takes a half a trillion dollars out of medicare to put individuals on medicaid. so they are subsidizing the medicaid. how this specifically affects men in that age group is through the rationing and the dictates that are going to come from the central planners who have already said that the psa test is not necessary for these men. >> elisabeth: wow. we want to know what you think, too. send us some tweets here and e-mails. are you willing to bear the brunt of the cost? we want to thank dr. jane for being with us. >> thank you so much. >> elisabeth: guys are not happy after hearing what you have to say. next up, waking up on the operating table is more common than you think. the stunning new numbers just in. and what are your kids really learn not guilty school? teaching a watered down version of the second amendment? that's next

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>> brian: time for news by the numbers. one in 500. that's how many patients wake up on the operating table. researchers saying there is good news. most aren't aware of what's happening. so the question is, if you're awake and you don't know it, are you awake? next, $400 million. that's how much the rich -- how much richer the powerball jackpot winner is. the winner coming forward to claim the prize, but choosing to stay anonymous to bug us. he says this is only the second time in his life he played lotto. and 13 cents. that's how much the coffee in your cup actually costs, burr

the crummy plastic cup costs 26 cents. it's double the cost of the coffee. thanks for figuring that out, ted. >> steve: next time take your own cup. 25 minutes after the top of the hour. classroom controversy flairing up in denton, texas. students learning from a book with a skewed view on american history. here is how this book defines the second amendment. quote, the people have the right to keep and bear arms in a state militia. so you can only have guns in a state militia? joining us right now, a former member of the texas state board of education, cynthia dunbar, welcome. >> good morning. >> steve: they got that pretty wrong, didn't they? >> absolutely. i have to say, i'm always shocked when people are shocked as though this is one example of bad textbook or bad curriculum in a sea of really good. this is a per vasesive battle that we fight all the time where they pervert the constitution, the bill of rights, the

declaration. the second amendment is clearly not about just having military being able to bear arms. it's an individual right. >> steve: sure. the way that particular textbook makes it sound, it makes it sound like you can have a gun if you're in a state militia, when it means it's being necessary to the necessary of a free state, the right of the people to keep and bear arms should not be infringed. what's going on? because this is not an isolated incident. >> no. it's not. and when i was on the state board, we fought it pertaining to the first amendment right. there is a pervasive agenda to rewrite our american history. there's a reason why. abraham lincoln was credited with saying the philosophy in the school room in one generation becomes a blasphemy of the government in the next. we have an attack on the second amendment in the classroom and teaching them they don't have an individual right for

self-preservation and so then it's not coincidental that we have governor jay nixon in missouri vetoing some of the strongest second amendment legislative efforts by a state to preserve second amendment rights. >> steve: sure. and meanwhile, the independent school district of denton, texas, when asked why they screwed up the second amendment so much, they said, well, the textbook in question is the supplement instructional aid and not the official textbook for any history classes. i understand they use a much more popular, widely used textbook. i think it's called "american packagents" or something like that. but none the less, it's a back up -- if the back up book says it the wrong way, eventually that's going to wind up at some heads and you can't be happy with that. >> no. they're doing it because of the a.p. history test. we have to see this nationalized socialized education agenda from the top down and this effort because of a.p. history test,

we're going to teach the students the wrong thing about the second amendment. there is really a big question about that. i have to say jumping over to what's going on in congress right now, i'm applauding senator cruz and those who are standing up to preserve our constitutional liberties, put some money right back in the hands of the people, i don't think they've gone too far. if anything, i would like them to defund not only obamacare, but obamacare core through the unconstitutional part of the education. but the silver lining to all of this is -- yeah, i think they need to stand up to the threats of harry reid and say we could have gone further and should have gone further. but basically the silver lining is we have this bad curriculum. the good news is it's causing schools and educators and parents alike to realize we have this problem through socialized education and look at option like the liberty on-line academy offering a sound historically accurate curriculum. >> steve: you wound up with two fer today anp on obamacare. we thank you very much for

joining us live today, from northern virginia. >> thank you. >> steve: all right. 28 minutes after the top of the hour. coming up, a boy suspended from school for playing with a toy gun. he was not in school. he was not on the bus. he was in his own yard. has zero tolerance gone too far? we're going to tell you about that loaded question. and this college professor organized violent protests against general david petraeus. now our own jesse watters caught up with the professor. see what happened next

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visit celebrex.com and ask your doctor about celebrex. for a body in motion. ♪ >> steve: this is your shot of the morning. it looks like a real ad, but it's actually a bogus apple advertisement, claiming you can make iphones and ipads waterproof. i saw this. the advertisement circulating right now on social media sites like twitter claims all iphones and ipads updated with the new smart switch will automatically shut off in water. many people fell for it and their devices now submerged and ruined. >> brian: why would you test it? it's just good to know that's something in the back of your head -- hey, if you run over it with a tractor, it will survive. do you do that? >> elisabeth: we all know our greatest fear is our phone

falling in water. >> brian: right. also i have a fear of falling from cliff, but i would say that's second. i'm not going to test it. i love the people who say, take your phone and put it in sand or rice if it goes into water. >> steve: absolutely. it dries it out. >> brian: it ruins the rice. that's what you get. >> elisabeth: you get i rice. >> brian: absolutely. jesse watters perhaps did his finest work. you remember general david petraeus, former c.i.a. chief, four star general. he's teaching this semester for some strange reason at city college in new york. and last week as he walked to his first class, verbally assaulted by a bunch of neanderthals. well, yesterday we found out who was behind this. >> elisabeth: that's right. waters world caught up with the professor who organized the ambush of general petraeus. >> so you're accusing general david petraeus of war crimes and personally torturing people. do you have any facts to back that up? >> the guardian newspaper has amp plea documented that david petraeus brought to iraq colonel

james steele who had been closely associated with the battalion which in el salvador carried out the massacre which exterminated an entire village. >> i don't think those are actually facts. i think you're citing the left wing magazine associated with edward snowden and wikileaks. petraeus dedicated his entire life to keeping you safe and protecting your freedom. how do you live with yourself? >> as a matter of fact, jesse, my father fought in the battle of the bulge. my brother-in-law fought in vietnam. my grandfather was in world war 1. but none of them dedicated their careers to exterminating villages or creating torture camps. >> you know that your salary is paid for by the taxpayers? >> brian: why would you send your kid to that school? >> elisabeth: good for jesse. >> brian: why david petraeus chose that school? they're not worthy of him. how that professor can be full-time employed is outrageous! >> steve: his name is professor

s sander john. professor of latin american studies. he's the one who encouraged everybody, go out and bug petraeus. so we sent jesse over to bug him. >> elisabeth: a plus for perseverance. >> brian: you talk about what he's done for his country already to this date and why -- i don't understand why petraeus would choose that school, any other school would be killing to have him teach. >> steve: but what's peculiar is when jesse asked him about petraeus and that guy starts citing what sounds like a bunch of crazy left wing blog, you got to wonder, okay, if your kid is in his class, what is he repeating as fact. >> elisabeth: that's just one class. >> steve: that's just one class and one guy. >> elisabeth: jesse got to the heart of it, which was the irony is the freedom that this man is enjoying in terms of slamming general petraeus, who has protected his rights for so long, is evident. >> steve: right. and the good thing about petraeus is he can balance out other guy. if they're both on --

>> brian: steve, they have o secure the whole school now. they have to put guards around him because kids are banging on his door to disrupt the class. what kids listen to a professor like that clown and hawk a general and go home to their house and feel pride, telling their parents what they did that day with their free time? >> elisabeth: called indoctrination. >> steve: there you go. what do you think? e-mail us. in the meantime, let's go over to heather nauert with the news. >> good morning to you. got some headlines. this guy wanted out of work really, really bad. police say mariano bar bow is a, a new york city security director, set fires to the very buildings he was supposed to protect. why did he do it? reportedly to hang out in the break room and have a few drinks. this didn't happen just once. he's accused of setting eight fires in a span of four years all together. and you ever look at those on-line reviews in order to pick a restaurant, hotel or doctor? all the time. a lot of folks do.

it turns out that about 30% of those positive reviews are actually fake and they're being written by people who are being paid to do so. there was an undercover sting operation here in new york and it found at least 19 businesses in new york state are paying for these positive reviews. the new york attorney general is now fining some of these businesses that buy those positive reviews and the authors who write those fake reviews. interesting. and here is a story that's creating a whole lot of controversy this morning. a 7th grader and his friend are now suspended and they're facing expulsion from school. why? these little boys fired toy guns while they waited for their school bus in their own front yard. >> he's my property. not the school's property until he is in their school and on their school bus. >> we were in our yard and this had nothing to do with school. i didn't have any of this at the school at any time. >> well, a nosey neighbor saw the boy shooting a gun and called 911.

we want to know what she thinks -- what you think. send us your e-mail and tweets. air guns have gotten popular. >> steve: you can tell by that bright plug. >> a little bb. >> brian: i'm going to tweet right now on david petraeus, see if you agree 'cause one of the tweeters told me, that's where general powell went to school, at and i -- city college. man, have things changed. maria, you're outside. >> good morning, everyone. we're tracking pretty chilly temperatures across areas in the northeast. we're here in new york city, 49 degrees. the problem is when you factor in a little bit of a breeze and it does feel a little chillier than that. as we head into the afternoon, it is going to be a beautiful day. we have high pressure in place, a loft sunshine in the forecast, and temperatures not too far away from where they should be at this time of year. high temperatures are going to climb into the 60s and 70s across the entire region. northeast and also in the midwest. otherwise farther south, we're tracking showers and

thunderstorms. still very like summer weather. some of these storms are producing heavy rain, as much as six inches have already been reported in parts of florida. flooding is a concern out here. we do have a number of watches and warnings in effect. let's head back inside. >> brian: thank you very much. i'm going to do sports. i have some time on my hands. peyton manning played monday night football. he was allowed to stay out late and are the raiders upset. this was once a great rivalry, but this season, it's all about denver. they might be the best team in football. you don't have to convince the giants of that. now you don't have to convince the raiders. julius thomas, 17-7 broncos. in the end, peyton manning would be 32 of 37 and the final score would be 37-21. this is one of the best starts any team has ever gotten off to. the raiders do look improved, but very few teams are in the broncos class right now. >> elisabeth: they have one of the best players argue whether or not -- arguably in the league. you want to conquer your fear as soon as go to bed. we'll explain.

>> steve: right now you mean, or later? >> elisabeth: later. >> steve: then borrowing somebody else's cell charger can get you hacked. the whacky ways hackers are cracking codes to steal your information. the tips you need to protect yourself if you have a phone, and of course you do. right back ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant

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>> brian: quick headlines. love, marriage, and a cure to cancer. scientists say marriage may be the cure to beeting the disease. they found married cancer patients were 20% less likely to die. and all your fears can be calmed by some shut eye. researchers found exposing sleepers to elements linked to things they are afraid of help them get over what was scaring them. work on that. steve, elisabeth. >> steve: this is going to scare you. all week long we're looking at different ways that hackers are stealing our information.

today how they can turn your cell phone against you. >> elisabeth: that's right. joining us now, the ceo of connected to, big case analyst. these devices which we think are harmless are hacking into your entire life. >> right. so put one of these out that looks like -- pay no attention, but it looks like a small charger, right? this is actually -- it's not a charge. it's a data cable that charges your phone at the same time. people forget things like this, this is a mini usb. plugs into your phone, you sync things, but what they've been able to do is take it down, eventually it will get down to where you put the logic board a small computer into something this size and when you plug it in, it sucks your information out of your phone. >> steve: in other words, you might be over at a starbucks or something like that and somebody might say hey, you need a charger? borrow my phone. >> steve: then they would be able to suck out your passwords, your texts. they'd be able to listen in.

>> delete your pictures first. >> steve: absolutely. what else can they do? >> once you get access to that, then people live their life through these phones now. 53% of all americans have some kind of a smart phone. so your banking information, some of your health information, passwords, e-mail. so we live our lives through our phone. >> elisabeth: you're going through four ways which this can happen of the the second one is wireless network expanders. these are the boosters, right, that you get for better cell towers in rural areas. is that correct? >> here is an example. this isn't the exact one that was hacked, but this -- what this is, this turns into a cell phone tower, in your house. so you might live in a rural area, but if you have a broad band connection, you plug the computer into here. you plug this into your broad band connection and this turns this into a cell tower. now your phone is connecting to this. what the hackers did is when you came within range, guess what? the phones are designed to connect to the strongest signal. this becomes the strongest signal. so somebody, brian is sitting

this with his phone hacking into this right now and you can catch and see all the data that's passing through. >> steve: man, sim cards. >> yes. another thing, here is an example. people wonder what a sim cardik. that's what a sim card looks like. just like that. something very small. what's on it is especially in a lot of the developing countries, financial information, banking information. this is what makes your phone work. connect to the network. so they've been able to break how the encription has been used on this. it caused five of these phone companies, they would have had to replace over 10 million of these things. >> steve: the worth is, somebody would take your sim card. >> no, actually what they've been able to do is send you an smf message and be able to hack your sim card by sending you a message. >> brian: you get a text message, it goes back in error and gives them all your information? >> it's hacking your sim card and getting your information. >> elisabeth: apps. any danger in downloading apps? >> when i've been on the forum, it's one of the things that the consumer has to be caveat

emptor. you can get an app through like i tunes. apple checks every single one of their apps before it's put out. on the other hand you got the android marketplace, but they don't check a lot of those apps. so people, for example, angry birds, put code in there, you downloaded angry birds and guess what? it compromised your phone. >> elisabeth: what do we do to not have this happen? >> put strong passwords on your phone. don't just use 1, 2, 3. that's easy to break. on home network, use a lot of wireless encription. like when you go out with friends, you never want to leave your drink unattended. don't leave your phones unattended. don't let someone else use your phone. don't borrow equipment from someone you don't know. >> steve: let's back up to the sim card. if you get that text, it seems like everybody responds to a text. how would you know? >> you wouldn't know because you don't respond to the text. the text is sent to you and it's because of the way it's sent, it

actually compromise -- >> steve: so you have no choice. you're hacked. >> once they know and they target you, you can receive it. it's not going to happen to everybody, but the thing i'm concerned about is this starts becoming espionage. this becomes high-tech. they may not go after joe lunch bucket, but people with sensitive information. >> steve: you know what? you scared the daylights out of this. i'm going back to cb radio: thank you very much. >> elisabeth: the national park service cutting jobs and closing visitor centers. but it found the cash to fund visit i don'ts promoting women's rights. then parents, don't let your kids make this mistake. >> a lot of great people have come out of the casone exchange. a former employee, a ceo. >> that's great. but do you guys have massages and outings and stuff? >> elisabeth: cheryl casone on the mistakes millenials are making at work and how to fix

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>> brian: welcome to our living room. the 20 somethings are among the hardest hit when it comes to the jobless market. but if you were lucky enough to score a job, how do you keep that job? there are things you do and there are things you should not do. cheryl casone is here with some common mistakes to avoid. for example, cheryl, a new job, a year is not a good thing. >> these are millenial mistakes. these are mistakes that the 20 something kids are making in the workplace. that's what we're doing all week. >> brian: too many jobs. >> it's hard to get jobs right now. unemployment is higher for these kids. i'm trying to help them out. i want to show you something not to do.

first mistake, moving around is not always a good thing. take a look. >> this is a large resume. a new job every few months? n i thought it was important to have a lot of experience. >> okay. how long do you plan to work at the casone exchange? >> that's pretty obvious, right? she's going to be out of there in a year and i don't want to hire somebody that's going to be there for a year. you need to stay two to three years at each job. you've got to show on that resume that you're willing to stick it out. plus, you need two to three years to get train to go get the proper skills out of that first job to move into the next job. i'm all for moving on up, but the internet age taught to us move up. >> brian: would you ever leave some moves out of your resume? >> yes, possibly. but then you'll have the blanks on the resume. so i would advise against that. >> brian: from 1980 to 1988. >> exactly. that's another subject. it's all about the people.

>> brian: you said if you want a job, it's people not perks? >> it's not all about you today? yes. people definitely matter. here is a mistake. >> a lot of great people have come out of the casone exchange. a former employee now, a ceo. >> that's great. but do you guys have company massages and outings and stuff? [ laughter ] >> this is not professional! >> brian: where is the gym. >> this is a great gig. look, it's thank is unprofessional. you're making a long-term bet on the ceo, on the management, on the company. plus you want to enjoy the work. getting a free massage at work, you got to be there eight hours. you need to go in and make a bet on the people that are there, people, not perks. >> brian: what do you mean by pick up the phone? >> okay. kids in their 20s, again, i love all of you. i'm trying to help you. you've all been raised with every single device known to man. and you're not communicating face-to-face. here is an idea of a mistake. >> why isn't this person

e-mailing me back? come on. >> because they're calling you on the phone and you need to pick it up. [ laughter ] face-to-face communication. these kids don't understand that you've got to go out, you've got to network. get up off your desk and smart phone, go to networking event. go see your boss. go to the coffee break room, whatever. but you've got to make those connections. in business, that's how you make networking connections in business is working face-to-face with people. they don't understand that. they're like this all the time. >> brian: you're getting a lot of feedback on these segments. i know i'll appear in another. when can we see you on the "fox business" network? >> noon eastern time today. we got a loft ceo's coming on of the if you got a question for me, kids, or mad at me, just e-mail me, it's fine. >> brian: how about this, you can't fire me, i quit. disgraced irs official lois lerner -- that is cheryl's

head -- snuck out before she got punished and gets her six-figure pension. laura ingraham weighs in at the top of the hour. then a scandal shattered his mother's empire. now paula deen's son, jamie, here with a message and a recipe tomato florentine soup, it took a little time to get it just right. [ ding ] ♪ but finally, it happened. perfection. at progresso, we've got a passion for quality, because you've got a passion for taste.

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>> elisabeth: good morning. today is tuesday, september 24. we begin with a fox news alert. while you were sleeping, a possible school shooter shot dead by police. the breaking details ahead. >> steve: meanwhile, you can't fire me. i quit. disgraced irs official lois lerner just flew the coop before she could be punished. don't worry. her pension is in the mail. that's not all. the taxpayers will be paying for it. the low down on lois coming up. >> brian: her mom's empire took a hit. this morning we'll finds out the inside story, jamie dean is here live with a message about his mom and about how you can look better. "fox & friends" final hour unless mccallum and hemmer overslept again issues starts right now.

>> it's sean hannity, you're watching my good friends, elisabeth, steve and -- what's his name? brian. sorry. >> steve: look at that. you've been here barely a week. you get top billing with your buddy, sean hannity. that's awesome. >> elisabeth: you know. >> brian: sean has not recovered from losing sleep from getting here early. >> steve: let's bring in our old buddy, laura ingraham, who joins us once a week. last week she was here on the curvy couch. >> that moment with geraldo was so critical and important in my life. i wish i could be on that white couch and relive that. come on. that was fun. >> brian: we got a lot of e-mails about that. >> it was cozy. why not? elisabeth, i watched you on the obstacle course or whatever the heck that was, you did pretty well. >> elisabeth: i've been training for years. it was steve's idea. >> ready for part 2. >> elisabeth: we want to talk to you about a few things this morning. i know something is on your mind. what about the language coming from the left this week, right? public opinion starting to turn on obamacare.

take a listen to this and we'll get your reaction. >> sure. >> not going to balance tea party anarchists who deny the mere fact that obama is -- obamacare is the law. we will not bow to tea party anarchists who refuse to accept the supreme court ruled obamacare to be constitutional. >> this is playing with fire. legislative arsonists are at work when they start using the debt limit for their own agenda. i don't even like to use the word republicans because this is a name in a has been hijacked by a segment of the republican party, the tea party element. >> you have never seen in the history of the united states the debt ceiling or the threat of not raising the debt ceiling being used to extort a president. >> steve: the name calling, not too far from now, they'll be calling each other poopy pants. >> right. kidnapping. extortion, arson, anarchy. i mean, they don't have

kidnapping and rape, but i'm sure that will be on the list soon when they refer to what the republicans have tried to do on obamacare. look, what we know is that as we're approaching this deadline of obamacare's implementation, at least its partial implementation, given the fact that so many people, so many businesses are getting exemptions, okay, the bill continues to be less popular than it was a year before. i still call it a bill. unfortunately it's a law. now we learn even politico today has a piece about how fewer people are going to be getting coverage than they anticipated, even low income americans. a lot of people who are working, middle class people aren't going to get coverage through their employers now. and now more people are finding that the doctors that they loved throughout the years are beginning that process of either retiring or having their independent practices gobbled up by large hospital groups or other large practices. so the whole landscape of health care in this country, the patient centered focus is changing and not for the worst and despite what the democrats

predicted, that everybody would start loving obamacare, they can use all of the inflammatory crime rhetoric that they're using, but it's not going to change the fact that people don't like this law. >> brian: is this the right play to do it this way? >> what ted cruz is trying to do? >> steve: yeah. >> well, look, i think -- you have to understand that i think he's doing what he's doing, right, because the elites in both -- some extent, the republican party and the democrat party, for so long on so many issues, have not listened to what the people are saying or what the people want. and they've done a lot of things, whether it's on this issue or stimulus or solyndra type loans that haven't really panned out. i don't find myself surprised at all that cruz has a lot of support in the grassroots for what he's doing and instinctively, that's where i am. my gut is with getting rid of this thing. but tactically, i'm more aware -- charles krauthammer is,

you're winning on this issue, so don't give the democrats any leg up or any advantage at all on the chess board. why give them any help. >> brian: what ted cruz did is told the house and rallied the house and said go fund the government, but just not obamacare. you heard the angry rhetoric from harry reid and company. the president was beside himself with disdain. now all of a sudden they're going to vote and kick it back to the hous could potentially shut down the governmentment here is charles krauthammer saying essentially what you said, laura. now is not the time. >> no rational republican wants to. i'm not even sure the irrational republicans want to. the entire history of shut downs is the opposition is the one that takes the hit on obamacare, the republicans are winning. they're winning everywhere. even the labor unions are up in arms against obamacare. why would you want to step in the way? it's the oldest adage in politics. when the other guy is committing suicide, get out of the room. >> steve: one thing that he goes on to add is the fact that when

he regards the republicans as winning, is in this particular budget, you've got the sequester. so you've got spending levels at a lower level, which is what a lot of conservatives stand for. >> which is driving the democrats crazy. they hate the sequester. they don't like the fact that any power is being taken away from washington and returned to the people. the ultimate price here, which a lot of conservatives forget here, is 2014 and 2016. the only way you're really going to get rid of so much of the scourge of bad governance is to get people in place who are far more common sense and realize that we're leveraging our children's future to the hilt here on all of these issues. so in 14 and 16, conservatives have to win. if they don't win, then all bets are off and we're going to get something a lot worse ultimately than obamacare. it will morph into a singer payer system. so we have -- single payer system. we have to keep the principles. >> brian: sequester is killing the military, though.

it's really hammered the military. >> that's why, brian, we can't get into a situation when we're $17 trillion in debt and we can't get involved in foreign entanglements that suck the blood out of our budget and also leave a lot of carnage in its wake. we're here because we had a lot of years where a lot of conservatives and liberals blew off the fact that we were running huge budget deficits. >> brian: but the sequester was weight to do destroy the military, more than anything else in the budget. they thought that would keep republicans from doing it. instead, the military is getting pummeled for no reason. >> the military certainly doesn't deserve it, that's for sure. >> elisabeth: in another lane here, one of your favorite women, lois lerner, reportedly about to be fired, so she said, i'm gog quit and plead the fifth. so many questions. do you think she's going to keep her hefty pension? will she be facing criminal charges? are we going to be left paying for all this? >> i wish i could remember. i think -- look, the republicans

have been trying to find out for several weeks, couple of months whether she was actually on paid leave. they couldn't get an answer to that question. okay? didn't get any answer. so now at least we know the woman has been paid despite the fact that the inspector general found her guilty of at the very least, gross mismanagement of the irs. it's much worse than that. sandra levin, the democrat from michigan, claiming that, well, the tea party and progressive groups were really targeted equally. so it was just an overall abuse of discretion. that's clearly not what happened. it was tea party groups, constitution groups, patriot groups that got the shaft. this woman should not only not be paid, she shouldn't get any benefits. the u.s. taxpayer that's been abused by this mismanagement and frankly, i think criminal activity, they shouldn't be on the hook for any of this. the republicans have to stay on this issue because this is really a shocker how it was uncovered and then to this day, we still don't know the truth

about this entire episode there. >> steve: yeah. it was shocking. we uncovered it because she apologized for it and now she's retired. >> did you hear this? she just got -- i think she's 8:00 o'clock on msnbc now. so she got a great show. that will work well. >> steve: a.m. or p.m., doesn't matter. >> exactly. >> steve: nancy pelosi said it a day or two ago, we can't cut any more because the cupboard is bare. the national park service has been facing budget cuts, sequester and everything else, and yet they find money somewhere to produce videos praising islam's contributions to women's rights. tell us a little bit about this. >> well, again, this is the kind of thing -- remember when nasa did that islamic outreach? remember nasa had something like this? didn't we just get through the problem with like an islam video causing trouble? i guess this is to make up for the other muslim video that supposedly started the whole

benghazi disaster. i mean, again, we have a budget deficit. we have huge debt in this country. why are we spending any money to make ourselves feel better and more politically correct about any of these issues? again, this is why we need to take money away from the bureaucracy in washington and restore it to the state. the more money that resides in washington, the more mischief that will be made, the more nonsense we'll have agencies like irs or epa or hhs or national park service. aren't they supposed to take care of the trails and make sure that the yows houses are working -- outhouses are working in the national parks? they aren't. that was your fault, i understand. >> steve: absolutely. >> brian: i was in charge of the vince lombardi rest stop in new jersey and it's going fine. >> excellent. >> steve: all right. thank you very much. she's going to go do her radio show heard coast to coast. laura ingraham. thank you. >> thanks, guys. >> elisabeth: for the rest of the headlines, we'll go over to

heather nauert. >> making me laugh over here. we've got headlines to bring you now. new information coming in overnight. police shoot and kill an armed man near the campus of north carolina central university. police in durham, north carolina, tracking this guy into the woods near the campus. the school was then put on lockdown overnight. when cops found the suspect, he pulled out a gun and officers then fired. the gunman was not a student. no word on why police were pursuing him. explosions and gun fire erupt at that mall in kenya as that battle now enters a fourth day. at least 62 people are now dead and nearly 200 have been injured. the kenyan government confirming that three terrorists have been killed so far. but the remaining attackers have tweeted that they still have hostages inside that mall. also this morning, there is a brand-new report that one of the killers was britain's notorious white widow. you can see her right there, she's the widow of one of the

suicide bombers who blew himself up along with others in 2005. we'll keep you posted. a man found dead after sky diving incident went horribly wrong in tennessee. the 56-year-old was one of seven people who jumped from a plane over that state. he never arrived at the landing site and then after a six-hour search, crews located his body. his parachute was not fully deployed. it's not clear yet if the chute malfunctioned or if the victim was unable to open it. finally, a nice story. a teenage girl receiving a special honor at a wisconsin football game. every home game, the badgers pick a family, a military family to recognize. so look at what happened when she was surprised by her soldier mom for the first time in six months.

bella's mom, was serving as a vet in afghanistan in the u.s. army reserve. so she gets a big hug from her mom and the badgers won. >> steve: what a homecoming! >> i know. love this story. thanks. >> elisabeth: tears, man. that is a moment. >> brian: it is. >> steve: all right. coming up, here is another moment for you. a boy suspended from his school for playing with a toy gun. but he wasn't at school. he was in his own backyard. zero tolerance gone too far? you're going to hear some of the e-mail we received here at the fox friends friends world headquarters. >> brian: move over, jet packs. how is this for a way to travel? the amazing flame powered wheelchair next.

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>> brian: horrifying details about the islamist terrorist attack in the kenyan mall. government forced hostages to answer questions about islam and if they answered wrong, they were executessed. that bloody jihad continues. two suicide bombers target add pakinstani church on sundays. 78 dead. so as the president takes the podium, should he take a stand against the persecution of non-muslims? how would that go over? peter johnson, jr. here. should he? >> absolutely. it's a huge, unstated problem in the world, especially persecution of christians that we've seen in this church bombing and in kenya. >> brian: in syria and iraq. >> look at syria, iraq, you look at egypt, you look at iran, afghanistan. you look at many countries in

the middle east, there is a persecution of christians and a persecution of jews. so we need to come to terms with this particular issue. >> brian: instead of apologizing. >> yeah. and we should also note and understand that over the 20th century, the population, the christian population of these middle east countries has diminished, merely a fraction. in 1900, it was 20 to 30% of the population. now it's 3 to 5%. so when you have a test for life that includes naming the mother of mohammed and if you can't pass that test, you're stood up with a line of other adults and children and gunned down in a mall, that's a terrifying prospect. and so we asked for the united nations, we asked for our president to say, listen, this is a religious terror-based war. there has to be a recognition of that going forward. we can't put our heads in the sand anymore when so many people

in so many countries are being killed and raped and churches are being burned and people are having an impossible time practicing their faith. >> brian: i understand the president will be speaking at 10:00 o'clock today. that will be a perfect opportunity to bring something like this up. >> i hope so. a lot of important issues. this is one of them. we need to recognize what's really happening in the world and how people are being killed because of their faith in this war. >> brian: exactly. peter, thanks so much. appreciate it. 19 minutes after the hour. coming up straight ahead, disabled drivers no longer allowed to skip the line at disney. they're being told, come back later. wait 'til you hear who is to blame. a scandal rocked his mom's empire, but the deen family standing strong. her son, jamie, here with the latest incarnation of their latest recipes ♪ ho ho ho

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>> elisabeth: welcome back. it's time for quick headlines. the u.s. army could be putting new regulations on tattoos. it would be an inc. below the soldiers elbows and knees. if the secretary of the army signs off, the rule would take effect within 60 days. i love the red sox. a richter scale for wildfires? federal research railroads developing a new way to gauge their destruction. the scale would be similar to the way the earthquakes, tornadoes and hurr actually measured. something smells really good over here. i just followed my nose. yeah. let me tell you, this is awesome. jamie deen, welcome. >> i'm doing great. great to see you. thank you for having me. >> elisabeth: i love your book. >> steve: it has been an emotional return to the spotlight for your mother, paula

deen. in june she admitted to using a racial slur and eventually lawsuit against her was dismissed. then this month audiences have embraced her. she's back. >> this is my first time out in three months. the one place that i would want to make my first step back out was texas. >> steve: so how is she doing now? who better to ask than her son, jamie deen, who is also just released a brand-new solo book, jamie deen's good food. good morning to you. >> good morning. audiences have always embraced mom. we love and support this summer has been fantastic. we faced a lot of challenges in our life. as young boys growing up, my mother lost her parents at a young age. we always take the positives out of any situation and learn and go forward otherwise life's got you. >> brian: how long did it take for to you come to that mindset? >> this has been our mentality since we started our business. we started with $200 out of our house and no real business plan. we had a lot of setbacks along the way.

you don't grow a business to our size unless you learn from the mistake you make. not having any formal training, it's all kind of just try to stay on the right side of right and go forward. we've been very fortunate as a family. >> brian: you're taking action now. not only with this book, but also kissing up to elisabeth by coming up with something gluten free. >> i love elisabeth. since she's here, i'll probably pop in once a week. my wife loves you and i do, too. what we've done here today, this is super easy. elisabeth, is certainly special, today we're using a gluten free food. this is -- i don't want to -- this book is so awesome and my son is on the back cover. i'm so happy that it's got a little children's portion. you can appreciate that. jack. and this is not healthy, but it's just family friendly for everybody. these are chicken cutlets that we're going to fry in a little grease. so you cut them in half and pound them out. get them nice and flat. so we've got our brown rice

flour, egg. we go into our flour and then you dredge this through. >> elisabeth: do you stick these in the refrigerator first? >> you can put them in for an hour. i wouldn't recommend you leave your chicken under studio lights for very long. it goes into the fridge for an hour and then we'll fry these up really crispy. we serve this over arugula. really easy. good for your kids. >> elisabeth: it's gluten free. >> for you it is. >> elisabeth: you are other dishes that the guys might even like, right? >> the meat loaf, my wife's meat loaf is the favorite dish i have. i've changed it up. this has sun dried tomatoes and mozzarella cheese. the living vine is an organization in savannah that helps unwed mothers. they asked me to come out and i formulated this chile recipe and

people said they won contests with it. it's hard to nail somebody down on their chile recipe. >> steve: the panko chicken. >> brian: let's ask you something personal. how tall should your meat loaf be? i married my wife and hers comes out like pattyies. >> elisabeth: are you criticizing her meat loaf on the air? >> it's all in the pan. when you were a kid, you had a smaller fine. your wife has a bigger pan. a loaf. >> brian: there is no right or wrong way? >> no right or wrong way. >> steve: your family did the traditional meat loaf in a loaf pan. >> brian: yeah. >> steve: you're loafers. >> brian: that's true, thank you very much. no buckles. >> elisabeth: it's all shapes and sizes. one meat loaf isn't better than the next. except if it's yours. >> apple turnovers. may mother used to fry these for my brother and i. it was a tremendous memory for us and i want to share that time with my boys, but i don't want to give them fried pies. so we're baking apples.

>> brian: does anyone ever eat out in your house? every day you just make stuff at home? >> i got a two-year-old and i would rather pull my teeth out than take him to a restaurant. we eat at home a lot. >> steve: it's a great cookbook. check it out, jamie deen's good food. >> elisabeth: it is good food. >> steve: thanks for stopping by. give your mom our best. >> i sure will. tell her come back. >> steve: next up, a boy suspended from his school for playing with a gun. but he wasn't at the school. he wasn't at the bus. he was in his own yard. zero tolerance gone too far? you're tweeting, you're e-mailing us. you'll hear it next. >> brian: and meet cookie monster's twin, but this not another character on sesame street. he's real. the incredible discovery under the sea of a cookie monster [ sneezes ]

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this incredible of a stove pipe sponge was snapped under water in the dutch caribbean. >> elisabeth: you will not find a look alike eating cookies that lives off of plankton, not as tasty. >> steve: which is also gluten free. >> elisabeth: exactly. we've been telling you about this story, student suspended facing expulsion for playing with toy guns in one of the kid's own yards. we actually have their testimony at home about what was going on today. they were -- were they suspended? >> steve: they were suspended. it was a couple of 7th graders waiting for the bus, playing in their own yard. they weren't on the bus. they weren't at school. and yet they were suspended. as you can imagine, the family quite upset! >> he's my property. not the school's property until he is in their school and on their school bus. we were in our yard and this had

nothing to do with school. i didn't have any of this at the school. at any time. >> steve: there you can see the kids are holding the air soft guns. from a distance, they do look kind of realistic, but you get up closer, and you see they've got bright plugs in the front of them so that it depicts that it's not real. but somebody in the neighborhood saw it and called the authorities. next thing you know, kids are suspended. >> elisabeth: it's so clear to him, you see it. i love hearing it from his mouth. he's 12 and saying, this isn't my -- this is my yard. i'm not on school property or the bus. i'm in my yard. >> brian: i would have done hard time because there is pictures of me using a cowboy gun, wearing a holster from eight to 12. i think we always played that. >> steve: brian, but that was back in the '60s when -- >> brian: not in the '60s. >> steve: the '70s, the '80s. >> brian: thank you. >> elisabeth: there is a letter actually from the school. the principal states the children were firing pellet guns at each other and other people near the bus stop.

we asked has zero tolerance gone too far is what we asked you. you have some e-mails. one from april, guns are not toys. that is the bottom line. that being said, it's not the school's business either. teach your kids to be responsible gun owners. >> brian: we have names. >> steve: donna in pennsylvania wrote, what's next? parents being jailed because the lunch they serve their children on weekends doesn't meet school standards? how about asking a law fining nosey -- how about a law fining nosey neighbors for butting into other people's business with frivolous claims? excellent point. >> brian: all right. if we had another e-mail, i'd read it out loud, but evidently we didn't. >> steve: the cupboard is bare, nancy pelosi would say. >> brian: since you read out loud, can i toss to heather? >> steve: sure. >> elisabeth: you can. in a gentle manner. >> brian: hi, heather. >> it's your turn. thanks so much. some headlines. police in california are trying to find out who torched a statue

of ronald reagan in california. here is what the tribute to the late president looked like. but now the paint is burned off and the tiles are damaged. harry peters helps run the nonprofit organization that raised $100,000 for the park and the memorial. listen to this. >> i felt that the people, volunteers who built the park here without government funds were assaulted by this. >> police say they do not have any suspects at this time. disney is taking some of the magic out of the magic kingdom now and that's because starting next month, they'll get rid of a rule that let's disabled guests get to the front of the ride. the reason, they say, is too many people are faking being handicapped. starting october 9, guests will get a disability access card if they have a disability and then printed on it will be a time to enter a ride based on the wait time so they don't have to wait in line and people don't commit

fraud there. an update on a story we've been following in maryland. a parent arrested for asking questions about core curriculum at a public meeting. listen to this. >> let him ask his question! >> don't stand for this! you're sitting here! >> all charges are reportedly being dropped against roger small at this time. he was charged with assaulting a police officer and disturbing a school operation. he could have faced ten years in jail. he says he was man handled and shut down because he asked inconvenient questions. we're getting a lot of e-mails from viewers about this story. let's read a couple of them. retired law enforcement officer says when i see another law enforcement officer performing his duties in a manner contrary to training, i feel ashamed. especially when it's our constitution that they're

violating. james says, i applaud this man for challenging his local government and school district. and that's it for that. call them hot wheels. take a look at this. it's a flame thrower on a motorized wheelchair. this chair was created by a guy named lance greathouse and he wanted to design a special chair for his brother after he was diagnosed with parkinson's. he says that the tricked out chairs help people focus on something other than a person's disability. look at that. police might get calls on this one. if the little boy did it with the guns. >> elisabeth: neighbors. >> nosey neighbors. but fun to look at. >> steve: thank you very much. meanwhile, the wounded warrior project ten years ago sending a few comfort backpacks to walter reed hospital. today it's shipping the same backpacks to more than 35,000 wound warriors coast to coast. >> brian: last night our own anna kooiman hosted the believe in heros gala, a benefit for

those special soldiers and that is anna live this morning. that was her last night. here she is live this morning in jacksonville, florida, with some of those same men and women. hey, anna. >> good morning to you, brian. good morning to everybody at home. you know all about this, last year you emceed it and the year before. i had a fabulous time doing the believe in heros gala last night. we decided we got to check out the wounded warrior project headquarters. can i get a big good morning, guys. >> good morning! >> we're packing some of the gifts that they give to heros in the hospital. good morning. wounded warriors is all about getting the community involved. what made you want to come out here, get up early and pack? >> i think it's important that jacksonville accepted us, me and my teammates. we feel it's important for us to come out and support the community, but also support soldiers that protect our country and stand united for us. we're honored to come out and do a little bit of our part. >> what are we putting in here?

>> today we have basic essentials. a toiletry kit. we have a hat, t-shirt, socks, underwear, shorts. just the basic essentials for the soldiers that we feel is important that we want to throw in. >> a lot of times, these guys are dirty. they are wounded severely and they don't even feel human. one of these guys is dan. good morning. >> good morning. >> and you had the opportunity nine years ago after losing both of your legs to get a gift of this backpack. what has it meant to you and what does it mean to you to be here today? >> it's amazing because as i look back nine years ago, i didn't know which ways with up. severely wounded, changed my life forever. i lost my good friend who i wear this bracelet for, to remember the man i he was. but at walter reed, i got this backpack with a logo that identified one warrior carrying another off the battlefield. i instantly identified with that person on the top of that logo

being carried off and inside were the things we have here. >> and one of the biggest things you needed was a toothbrush because your wife was coming to see you and that was a life changing moment for you nine years ago. wounded warrior project celebrating ten years this year. i want bill to be able to say a big hello to the curvy couch. >> hi, curvy couch. >> he's a big fan and suffers from ptsd. he's got this new dog, babe, that's really been helping him out. babe, can you say hi to the camera, to elisabeth, brian and steve? we're having a good time out here. back to you on the curvy couch. >> brian: what's the web site, anna? ask him what the web site is if people want to contribute. >> go to www.foxandfriends.com, we've got it on our home page. bill, can you tell us the web site? >> woundedwarriorproject.org. >> thank you so much. >> elisabeth: thank you. giving back to the backpacks. thanks for bringing us there. next, a fast food giant unveiling new french fries today. they're healthy, they're saying. is it possible? i don't know.

stick around. >> brian: they're drinkley. and our nation's heros waiting way too long to get the benefits they have earned. many waiting more than 125 days. what's the problem? we take a closer look ♪ turn around

♪ 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 ♪ ♪ [ male announcer ] some things arsigned to draw crowds.

others are designed to leave them behind. ♪ the all-new 2014 lexus is. it's your move. >> brian: the animation. quick headlines. new zealand airline is taking people to the end of the earth. known for safety videos like this one with bear grills is launching flights to ant arc

coo. they will land on runways entirely of ice. they are only for scientists. and can burger king satis-fry you? they're going to try, introducing the crinkly fry. they have 270 calories compared to 340 calories for the original fries. you don't even have to work out anymore. it will cost 20 to 30 cents less, so you don't have to save money anymore. this will change this country. >> elisabeth: you pay more for health insurance. >> steve: meanwhile, in just about an hour, president obama is going to speak on the east side of new york city at the united nations general assembly and all eyes are on iran. we know thursday secretary of state john kerry is going to meet with iran's foreign minister. the highest level talks our country has had with iran since 1979. will president obama somehow meet with iran's new president rouhani? >> elisabeth: wendell goler is live at the white house. good morning, wendell. >> good morning.

this will be the first time the secretary of state and the foreign ministers will personally represent the permanent five members of the u.n. security council and germany, which is the group of countries negotiating over iran's nuclear program, but at the same time, it appears president obama will not meet with iranian president rouhani. there had been talk of a pull aside with both men attending the opening session of the u.n. general assembly. but iran's foreign ministry says the time for a, quote, proper meeting between the two leaders hasn't arrived yet. u.s. lawmakers were skeptical about talks with the iranian leader anyway. senators lindsey graham and robert menendez wrote mr. obama a letter yesterday that said in part, quote, whatever nice words we may hear from mr. rouhani, it is iranian action that matters. in his speech to the u.n. general assembly this morning, aides say the president will talk about iran and suggest its new leadership could provide an opening to a deal that insures its nuclear program is not used to try and make nuclear weapons, but iran says it should adjust

its posture to reflect what it says is a new iranian approach. elisabeth. >> elisabeth: thank you. we've been talking here, is this a new day for relations with iran? then someone who has been there is saying to the president, don't be a fool. look at this on greta. >> they're using the first days in office of roux hany to -- rouhani, to smile, to persuade gullible westerners that they're moderates and they're different from ahmadinejab and indeed they are different. they're much more savvy and pr -- in pr terms. they're not going to change a single thing about iran's nuclear weapons program. but they're going to try and take advantage of president obama's weakness to buy time, to get relief from the sanctions, and to continue with the nuclear weapons program. i call it the diplomatic equivalent of the pt barnham doctrine. there is a sucker born every minute and hasan rouhani is

meet -- waiting to meet his tomorrow. >> steve: rouhani is not the ultimate leader in iran. is the ayatollah going to be at the u.n.? no. besides, what they're doing is clearly, many feel a stalling technique while they build up their plutonium, trying to brew up big atomic bombs. they're stalling. >> brian: i agree with you. they let out 80 people. they're bringing the only jewish member of their parliament with them. they said happy rosh hashanah to jews around the world. but many people aren't buying it. up next on our show, they serve our country. then do they get the benefits they deserve? no. the answer is they don't. they have to wait an average of 125 days. this has to stop. the captain in the army helps veterans for a living and he's here next. >> elisabeth: that's good news. first, let's check in with bill hemmer for what's coming at the top of the hour. >> good morning to you. how are the fellows treating you? >> elisabeth: they're great. except for brian. >> always except for brian.

>> elisabeth: poor sport. i'll tell you. >> bring him back. four days of terror, folks. americans among the dead. americans possibly among the terrorist killers. this is an unbelievable story. we'll take you back there to kenya. one week from obamacare. what in the world is going to happen? two republicans will try to explain this complicated mess when martha and i see you at the top of the hour [ male announcer ] introducing new fast acting advil. with an ultra-thin coating and fast absorbing advil ion core™ technology, it stops pain before it gets worse. nothing works faster. new fast acting advil. look for it in the white box. s.

>> elisabeth: a major battle being waged in the home front despite moves to speed up the process. more than 736,000 of our nation's heros are still waiting for their veterans benefits and more than 440,000 have been waiting longer than 125 days. now the california state government is stepping in with a

federal government is falling short. here to tell us more about it is ceo of concerned veterans for america, pete hegsa. we are we were racing each other out there. those numbers are staggering. but essentially california decided to do what? >> take it into their own hands. the federal government literally is forcing these guys. in los angeles they're waiting upwards of 600 days for an answer on air first claim. you'll wait six years in los angeles to get your appeals process. six years for a veteran. in oakland, it's almost as bad. four years, you get a two-year reprieve. the state government is hiring temporary workers to come alongside the federal government, the department of veterans affairs to help them process claims. they literally cannot process them fast enough. the bure yeahs are so far behind, stacked up in paperwork. california veterans are waiting. >> elisabeth: this back log is an issue. last time we checked, they were broke but spending $3 million on this, a worthy cause. but how did we get here in the first place? >> because it's not about a lack of funding. the budget for the department of

veterans affairs has gone up 40% since 2009. we spent the dollars. it's you got an unaccountable calcified bureaucracy that's unwilling to reform itself. literally, we heard about the failures, the back log, some 69 legionnaire's disease and bonuses given out for folks that haven't been delivering. this is all happening inside a department where no one can get fired. literally no one has been fired at the department of veterans affairs for years, even though all these metrics have headed in the wrong direction because you can't fire a federal worker, someone who is working. >> elisabeth: perhaps a merit-based industry would be better there. what about the claims, the idea they're trying to rush through some claims now just to get through them so the more complex claims get delayed more? >> they're going to start with the most difficult claims first and work backwards. right now the incentive the department has is get rid of the easy ones to make the back log look like it's going down. we've seen the claims back log decreased. but we've seen a big increase in the appeals back log 'cause they're just pushing them out the door and coming back in the

other door and vets continue to wait. so this is a numbers game. >> elisabeth: we're talking now, obamacare is in front of everyone's brain. so we're talking big government, medicine, overlooking it all. now you're saying states are stepping in doing a better job. veterans have been looking at government-run health care for a long time. what do you say about that? >> veterans have even obamacare. it's called the department of veterans affairs. a loft vets are satisfied with the care they get once they get in the hospital. these regional hospitals, many are fantastic. it's the barriers to entry. the wait times, the forms, the bureaucracy, the lack of transparency. then no accountability. so you've sent in a form as a veteran and you wait and you wait and you wait again. maybe you call a 1-800 line and hope you get somebody. you're probably put on hold an hour. there are so many impediments to getting the care these guys deserved and earned, it's what americans might see when they face obamacare. >> elisabeth: thank you for being here. >> thank you very much. >> elisabeth: great cause. we want to thank you for being here. are you having problems with your military benefit as soon as share your story with us on our

web site. more "fox & friends," three minutes run, go, go! did he just fumble?

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>> steve: tomorrow, senator marco rubio is going to join us and race car driver curt bush in a hot air balloon. >> brian: everyone coming back tomorrow? >> elisabeth: yep. >> steve: see you then. not. good morning, everybody. fox news alert. it is not over yet. day four of the terrorist standoff in kenya. you can still hear the gunfire. you can still hear the security forces moving toward the upscale shopping mall. watch closely. [gunfire] those are kenyan government forces said to be making their final push to rescue any surviving hostages held inside by group of islamic terrorists. good morning every body. day four of terror. i'm bill hemmer. welcome to "america's newsroom." martha: i'm martha maccallum. kenyan government officials insist they reclaimed control of