it is friday november the 1 sz. extreme weather turning deadly. rescuers try to save dozens of people but flooding turns roads into rivers. >> water sweeps away a school bus packed with children plunging it into a creek. we will tell you what the kids did to save themselves and each other. >> the military turning to hollywood to protect our troops from the line of fire. we will tell you how iron man is heading to the battlefield. "fox & friends first" starts right now

>> hope you are off to a great weekend and you had a great halloween. i am heather nauert. >> i am patti ann browne. a school bus plunges into a creek. 10 kids were on board at the time. the bus toppled into the water p and landed half submerged on its side. the children escapeed by climbing out of the bus windows and on to the roof. they stood on the roof of the bus until they were all rescued. >> when i first arrived at the scene the kids are on the bus actually hugging each other. the older kids were supporting the younger ones. i am very proud of the kids.

we have great children and great parents in the district. >> he was pinned inside the bus. he was rescued safely. he is being treated for hypotherm hypothermia. one child was taken to the hospital. >> an airplane emergency landing in arizona after a threat. officials say the threat was made on board that plane but they aren't giving any specific details just yet. it was forced to land in phoenix. passengers were evacuated we will keep you posted as that develops. >> rainy weather is headed to the east coast after it left a real path of destruction in texas. more than a foot of rain caused sweeping floods across the

central part of the state. two people are dead this morning and hundreds have been stranded. many were forced to flag down rescue boats as cars and belongings literally floated right away. >> i have a brand new car it's not even in the driveway no more. i don't know where it is at. we have each other so that's the most important thing. >> that sure is. well, that area has faced a real drut there. th -- drought there. storms also turning deadly in nashville where a 9-year-old boy died after he was shot by a downed pou ir line. officials aren't saying what happened. two gunmen made off with 10,000 dollars. they pulled off an armored car

hike in 10 minutes. the armored car was in the parking lot of a bank. they found the suspect's get away van about a half mile from the scene. those robbers still on the lose. millions of americans are visiting the site. they haven't looked at the actual number of people signed up. they signed up the first day they went live.

an inside look at the difficulty of getting folks to sign on. the notes taken during a peting shortly after the rollout shows the next two-days they say october 2nd approximately 100 people signed up the day after and that's 240 enrollments. since the system is not going for the next few months. >> we don't have enroll element data. we will have it to you by the middle of november. we are collecting statedata, web site data we want it to be reliable. >> the republican head of the over site committee saying american people need to know those numbers.

carolyn ice saw has called on sebelius to hand over documents on the number of people who attempted to enroll and the number who succeeded. he wants proof there were at least dry runs. it shows they did not go through critical security testing and ignored repeated warnings. >> elizabeth brprann in washington, thanks. >> a port in texas gives texas a green light to immediately enforce new abortion restrictions. this comes after a federal judge called the law unconstitutional. the panel's decision means one-third of the abortion clinics in that state will not be able to perform the procedures. the ruling will remain in place until the court can run a pulling hearing next year. >> lawmakers hear from cia security officers for the first time later this month.

they were among the first to respond when they were attacking. they will have closed door sessions november 11th. >> interesting stories. president obama's campaign considered dropping vice president joe biden from the 2012 ticket. his potential replacement then secretary of state hillary clinton. the bombshell details were revealed in the new book of the 2012 campaign. it is called double down game change 2013. the focus group sessions were held and polling was also done in late 2011 but they dropped the idea because aids determined there would be no significant political boost. it is all about politics. interesting stuff there. >> in thursday night football action the cincinnati benningals took on miami dolphins. miami down by 3 a great catch by brian heart line sets up a game

tieing field goal attempt. they nailed the field goal tieing up the game sendli ing it into over time. he drops back and gets taken down in the end zone for the game winning safety. the dolphins winning 22-20. >> they are always so good at sports. we will call it for you. >> major change for air travelers to tell you about. passengers were now be able to use most electronic devices through out the entire flight. wnyw reporter breaks down the new rule. >> please turn off your electronic devices. >> close but this southwest flight attendant is a little bit closer to what is actually required the faa. [music] flush >> a lot of instructions no doubt but some regarding your personal electronic devices are

about to change according to the head of the faa. most can tolerate radio int p r interference from electronic portable devices. it is safe to read download materials like e books and calendars and also play games. >> i like the idea of being able to read my nook. >> you won't be allowed to connect to the internet until the plane reaches 10,000 feet. at no time will you be allowed to make phone calls. passengers have more freedom inside the cabin. most of the time the guy sitting next to me he will turn it off anyway. >> some passengers could start seeing the changes as early as today. each will term how and when it allows the broader use of tablets and e readers and smart phones. patti ann? >> good news for taxpayers.

new rules to put an end to the use it or lose it health insurance policy. lauren simonetti has more on this and other top business news. >> they are called flex spending accounts. a lot of us are offered them by our employers but few of us actually use them. the irs and treasury department are trying to change that by making it more appealing for americans to set aside pretaxed money for medical expenses. a federal roulette workers carry over what they set aside for the new year. that puts an end to the 30-year-old use it or lose it policy. after the sugar high from all of the candy americans go shopping. that's why wal-mart is kicking off the holiday season a month early. you can go to wal-mart.com for 300 holiday deals that were originally for black friday. the they have 4 inch tv for 300

bucks and certain tablets selling for 50. it is a great time to be a shopper. the battle of your holiday dollars are fiercer and the holiday is shorter between thanksgiving and christmas. they will pilot the old original content. two new hour long dramas will be available on amazon instant. the after from the creator of the "x-files". unlike netflix which releases all of the episodes at once and we binge view amazon will determine if they want to go through with it based on the show's pilot. know more stuff we can do now as we sit on the couch. and waste time. >> we need more ways to waste time. the east coast is about to get stokeed by heavy rain.

these are the same rains in texas and much of the midwest. that rain is not the biggest threat. that is because high winds are expected as well. >> and maria molina is following all of this. she joins us from the weather center. >> good morning patti ann and heather. the storm system is on the move. it will produce rain in the southeast but we are not really talking a flooding concern. light rain in general you will need the umbrella dau -- umbrellas. you are talking gusts up to 40 miles per hour closer toward the coast with a storm system. that will be lasting through out the day today. if you are doing any flying in any airport across parts of the great lakes and parts of the northeast and down into western parts of north carolina you are going to be possibly looking at weather related delays due to the strong winds. company wise behind the storm temperatures in the 40's chicago, minneapolis.

east it will be mild. er will make it into the 70s. patti ann and heather you know how we always wanted more sleep? a reminder to set back your clock an hour. an extra hour coming up this weekend. >> that's good news. maria molina. it gets so dark early now. 13 after the hour the jack o'lanterns are more than spooky. they are breaking the law. >> the military turning to hollywood in the line of fire. we will tell you why iron man is headed to the battlefield. al-jazeera we go to break a look at halloween pictures. actually this is me with my son connor dressed up as harry potter. we will have more pictures through out the show. [man]ask me...

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>> good morning to you. hope you had a terrific halloween. it is 17 minutes after the hour. as we just looked at new york city we have new developments to tell you about in the nypd controversial stop and frisk program. they block an order to eliminate that program after a judge ruled it violated the civil rights. robert moses is live for us in new york with the latest. good morning, bob. what happened? >> heather, good morning to you. a surprise ruling here in new york. ki keep in mind they credited the stop and frisk. police in this precinct made

more stops an any other officer in manhattan in 2005. back in august the judge ruled this program was unconstitutional. she ordered an independent monitor be over seen for changes in the program. she also ordered certain officers had to wear cameras, body cameras. the supreme court unanimously stayed theher position. which means the nypd can go at the current state. election day is more thless thak away and a new mayor could make changes to this program. that is the latest live from east holland this morning. back to you. >> politics could play a role everything could change. robert, thank you. federal investigators will take their own look at the mysterious death of kendrick johnson.

his body was found rolled up in a gym mat. a portion of surveillance video was found and released but it did not show the moment of death. it is being called an accident but johnson's parents say it's murder. they allege a cover up by local officials. >> it is not just for super h o heros any more. the military wants to produce a real iron man suit within the next 12 months. they began soliciting ideas including this one from darfa. no price tag has been sent but the pentagon wants a working prototype within the year. it would be impervious to bullets and have live video feed from over head drones. >> get building that one. 19 after the top of the hour. a man arrested not for stealing instead he's accused of doing something many of us have done ourselves a the one point. >> this is a lot better than

candy. one little boy gets a halloween treat he will never forget. but first here's another look at the halloween pictures you have been sending us this morning. great costumes. >> is that miley cyrus right there? >> what else do we have? corn mu ♪

>> a texas police officer is shot in the face and chest. she still managed to give chase to the suspect. >> shots fired. i am hit. >> the officer was shot during a routine traffic stop. three people were in the car. they fled but she returned fire and got back in her patrol car and went after the suspect.

the alleged shooter 21-year-old francisco rodriguez on the left was arrested. they are still looking for the driver freddie enrick kez on the right. >> i p didn't think twice to do it in the past. i wouldn't think twice to do it in the future. sometimes even pe protectors we seek protection. >> police offering a 10,000 dollar reward for information in the case. >> this is one of the dopeyer stories we have told you about in a while. the moral always return your library books. there was a guy in texas and he was arrested for not returning a book back in 2010. there's a local ordinance in the central texas town that makes it illegal. he was released on $200 bond and has to appear in court. the book was mysteriously returned shortly after his

arrest. oh boy, how about that? halloween and pumpkins they go a hand in hand but usually filled with candy not cocaine. a woman is in custody this morning after cust dom agents found three pumpkins in her luggage stuffed with more than 4,000 pounds of coke. they discovered the masses inside the hallowed out pumpkins and the woman was taken into custody. >> a whale has fun pranking a young boy. the video shows the whale squaring off showing off at the akwar jum before giving him a good spray and a good laugh. >> 25 minutes after the hour. she is serving 20-years for firing a shot into a wall during a fight. now she may be getting out from behind bars a whole lot earlier.

we will tell you about that. >> on the outside a normal house but on the inside it's a house of horrors. shocking details of what was going on behind closed doors. first in 1994 star gate was the number one movie. >> i am here to succeed. ♪ ♪ ♪ [ female announcer ] with five perfectly sweetened whole grains... you can't help but see the good. so i deserve a small business credit card with amazing rewards. with the spark cascard from capital one,

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>> extreme rain turning deadly. turns roads to rivers. a new threat from mother nature. it is getting a little more difficult. he dressed up as the son of god for halloween. >> i just got baptized. i felt like why not? it he's the most influential person in my life. the school told him to change. that controversy ahead on fox and friends first. >> ♪ /* ♪

>> good morning everyone. happy friday. welcome back to "fox & friends first". >> i am heather nauert in for ainsley earhardt. top story at this hour. rainy weather is heading east today as it leaves a path of destruction in texas. more than a foot of rain causing sweeping floods across the central part of that state. two people are dead and hundreds have been stranded. many forced to bring in rescue boats. >> i don't have a car in the driveway any more. we have nothing. but we have each other. that's the most important thing. >> that area faced a real drought there. it makes flooding worse. the ground is too hard to ab boe soesh /* -- absorb water quickly. >> parts of tennessee turning deadly there. that is where a 9-year-old boy

died after he was shocked by a downed power line. officials aren't releasing exactly what happened. severe weather knocked down trees and left thousands without power. >> terrifying moments for parents in kansas when a school bus plunges into the creek. the bus toppled into the water and landed half submerged on its side. the children escapeed by climbing out of bus windows on to the roof. they stood there until they were all rescued. >> when i first arrived at the scene the kids were on the bus hugging each other. the older kids were supporting the younger ones. we have great children and parents in the district. >> the bus driver was pinned in the bus but he is being treated for hypothermia.

one child was taken to the hospital as a precaution. >> congressional testimony revealing possible warning signs. the navy yard shooter that went ignored. he was showing signs of mental illness or the contractor failed to report that finding despite a ruling that required them to do so. that contractor also did not get a copy of the police report for alexis report. he shot out the tires of the car. the hearing was meant to examine the adequacy of background checks and security system for federal employees and also contract workers. 48 million people will have food stamp benefits slashed starting today. a boost in the supplemental nutrition assistance program expires. according to the department of agriculture the 13.6 percent cut means $36 less per month for a family of four or $400 less per

year. one in 7 americans replies on food stamps. it has more than double the size since 2008. problems with the rollout of obama care may be worse than the white house hazlet on. doug luzader is covering this story for us. what do we have? >> administration officials have steadfastly refused to send any enrollment data from the obama care web site. the new documents show that only six people fully inrolled in insurance plans on the site launched by day one. number three had gone up to 248 that's a car cry from the 7 million they need to make this sustainable according to the administration. the white house was bracing for bad news. the answer is yes that was only going to be the case.

>> hundreds of thousands of americans are losing the insurance plan because of the law. it is moving to employer based plans as well. >> that is knotted to say they won't have access but it's not going to be what they want. it forces them to buy. that's not the way the system is going to work. >> at last check we found the once again. heather? is>> doug luzader in washington thank you so much. >> many air travelers have been waiting for this for a while. they will no longer have to shut down most of the portable electronic devices in flight. anything that can be put in airplane mode can be used from gate to gate. the news is getting mixed reviews. >> it is a good idea. >> i think we should have them

off personally. >> doesn't bother me to have them on. >> the timing will depend on each airline some could start as early as today. cell phones will still be off limits. new york's top cop ray kelly was recently booed off stage when he was set to give a guest lecture. he kept cool after the controversial stop and frisk policy. he is taking the high road. he was honored from the foundation and after receiving a standing ovation from the crowd he said he would donate it to the brown university endowment fund. >> pope frances celebrating all saints day in rome. the post traveling to rome's main cemetery to celebrate mass in honor of the day of remembrance. it is considered a milestone for roam. a pope hasn't visited for more than 20-years. this is a new pole out from the

vat tican and it is raising eyebrows. they are taking a worldwide survey on gay marriage. the polls will be considered input for that meeting. the survey reflects the pope's pledge to make the local church meters involved in decision making. >> should be interesting. >> we love these stories a 4-year-old girl in florida got a special surprise at a school assembly. he wasn't supposed to be home until march but he was given a month's leave after his wife gave birth to their second child. >> and she is going to need help. >> heavy rains slammed texas. the rains are not even the biggest threat. high winds are.

>> let's get to maria molina. we see a whole lot of green behind you. >> a whole lot of green parts of the northeast and we are talking showers and storms to the southeast. this widespread storm system will be impacting everybody along the east coast. you may be seeing half an inch that is where the rain will be concentrating. the wind is a big story of the storm system. we have high wind warnings in effect several advisories stretching across the great lakes and northeast and down into parts of eastern tennessee and western north carolina. up to 60 miles an hour. we are looking at wind gusts in general 40 miles an hour. it is enough to cause weather related in minneapolis and

chicago in the 50's this afternoon and cleveland. we want to mention for those of you who love sleep which includes everybody we are looking at an extra hour of daylight-savings time. we turn our clocks back an hour. also check your fire alarms in that time. >> 39 after the hour. still to come do you want to find out if your kids are telling the truth? well you will want to ask them to fess up at a certain time of day. we will explain p. >> they are breaking the law but that is not stopping illegal immigrants from cashing in on millions of your tax dollars. and they are not alone. first let's take a look at halloween pictures. that's my family right there. my husband and my two boys trick or treating. here's more of your halloween moments. [ fishing rod casting line, marching band playing ]

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or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. >> 43 minutes after the hour. michael jackson's former doctor is now suing the state of texas in a b in a bid to get back his medical license. texas was the first state to revoke conrad murray's license after he was convicted of giving michael jackson a deadly dose of propofol. he claims he is nearly 400,000 in debt and needs to work in order to pay court costs. he was released from jail after

serving 2 years of a 4 year sentence. a new trial for the florida woman for firing a warning shot. she fired the shot into the wall during a fight with her husband. she is set to stand a new trial in march and will be released from jail. they will oppose bail. patty ann? >> an unlicensed houston couple performing lipo sunks, plastic surgery in their own home. they were doing it and their neighbors had no idea. >> had no idea. they tried to distance people. we would speak that's it passing. not a lot of conversation.

>> how were they caught? a woman got an inspection and went to the hospital. she had undergone several surgeries there. investigators raided the home and found medal devices and pain-killers. craft macaroni and cheese getting a slight chance to the recipe. they plan to pull the artificial yellow die from the kid friendly boxes. it will effect the special shape such as spongebob and winter shapes. the natural color will kathleen sebelius in the hot seat for the shaky roll out of obama care. new report there has been misuse. diane macedo joins usith more.

>> two newly released reports from federal watchdogs show over the course of two years they paid benefits to illegal immigrants and dead people. according to the reports of the inspector general from 2009 to 2011 they paid 23 million for services for dead patients and 29 million for prescription drug benefits for illegal immigrants. none of those groups are actually eligible for the benefits. but the reports say more than 4,000 illegal immigrants are able to make drug benefit claims because they don't have controls in place for those kinds of applications like it does for traditional medicare claims. as for the 24,000 dead people that made benefits there are safeguards to prevent that from

happening. >> they agreed with the ig's recommendation to improve the safeguards against paying deceased beneficiaries. the other bright spot here is the ig report does say that the nearly $51 million in total and proper payments here still represent the small percentage of total medicare benefits. so it could be worse and they are at least working. >> not making me feel a lot better. >> you are more likely to lie as the day goes on. >> did you lose a little weight? >> double threat guy looks and personality. >> hey, randy. >> researchers from harvard university say we are more likely to lie over the course of a day. the study found men and women find it easier to be effective in the afternoon than in the morning. they lose the self control to be honest as we get tired so we

find it easier to trick and lie. >> funny movie, by the way. a costume controversy at an illinois high school why a teen dressed as jesus was told to change. >> kim kardashian never shies away from cameras. >> hey there, brian. >> how are you doing, nauert. kilmeade, what am i in gym class? >> great show as usual. i just shaw yaw you on o'reilly minutes ago. a great roster of guests. what is p had aing on obama care what is happening. rudy giuliani will be here live. a group in iraq that will be annihilated might be the next hope for getting a friendly government in iran. rudy giuliani here live. simon cowell put them together now they are a raging fantastic

group. they have no instruments they just sing. that's enough. who wants to hear them play a guitar. allen west will be here weighing in on our tactics when it comes to the budget and what is happening in congress. geraldo rivera is here. give him four things to talk about he will talk about something totally different but you will be informed and entertained. all coming on kilmeade and friends -- i mean "fox & friends". [ male announcer ] meet mary.

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>> a huge fight after a football game. it shows the fight in the parking lot after the game.

they voted to suspend both teams from the playoffs. parents from both sides were involved in the fight. many of the kids are 7 years old. >> heather? >> kim kardashian and kanye west. they sue the founder of youtube chad hurley over leaked wedding proposal footage. they posted a video of the proposal' at&t field they filed a lawsuit claiming he signed a confidentiality agreement that prohibited from posting videos from that night. get a life. controversy in chicago to tell you about. a high schooler's choice of costume. a teenager dressed as jesus. but when school authorities saw him they told him to change his

costume. wfld reporter lisa teraria has all sides to the story. >> this is how 17-year-old highland park senior mar shjon sanders showed up at school. >> i dressed up as jesus i just got baptized. he's the most influential person in my life. >> he was called to the dean's office. >> she tells me my costume was offensive and i was promoting religion which i wasn't at all. >> he was told to take off his costume before he went back to class. he did just that and called his mother. >> my first reaction was shock because last night we had went out and went to the craft stores and linen stores. i was excited he had chosen to be jesus. >> sanders didn't understand why he couldn't dress up as a figure he looked up to. >> i saw other kids prrp dressed as moses i talked to them.

they were questioned but they were never brought down to the dean. >> other students agreed. >> i am p orthodox jew and i didn't see a problem with it. he didn't mean harm to the students. >> they released this statement. we initially were concerned the costume could be offensive to religious sensibilities. upon further review we realized the stew accident didn't intend to be offensive. >> he found is weird the school did not have a problem with his costume last year when i dressed up as snoop dogg. >> i just wanted to be black jesus. i didn't think this would be such a big deal. >> after meeting between school administrators and his mother he was allowed to change back into his costume. >> it is 5 minutes before the top of the hour. spaghetti, macaroni it sounds delicious. pasta can alter your mood.

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his cycle cam. good morning. 1.ay is friday. i'm elisabeth hasselbeck. on the first day of obamacare rollout six people signed up. what's next for the health care plan and its failure to launch? >> stop and frisk here to stay and the judge who tried to block it gets the boot. so is this a victory for common sense here in the big, bad apple? >> just when you sthaut you had the scare -- when you thought you had the scariest costume on the block, here comes honey boo-boo. wait until you see how her family and what her family was for