almost 5:00 a.m. and it is 8 degrees in new york city. is it cold where you're waking up this morning? good morning, you are watching "fox&friends below. i am ainsley earhardt. thank you for starting your morning off with us. robert gates dropping bombshells on the obama administration. >> in his new memoirs gates blasts the leadership and questions his dedication to the war in afghanistan. elizabeth prann is live in washington with an inside look at the book. >> former defense secretary robert gates includes harsh judgments about president obama's leadership and the afghanistan war. felt the commander-in-chief was secure and skeptical saying the president doesn't trust his commander can't stand hamid karzai doesn't believe in his own strategy and doesn't believe the war to be his. for him it is all about getting out. many are surprised to see this

much writti sichl an-- criticis. will it have an effect. hillary clinton was secretary of state and it says they were politically motivated. he nearly put his post back in december 2009 under a lack of appreciation and uncertainty. en john mccain he said he is the most respected man i have ever known in washington. he is not an ordinary public servant. i think his words will have significant impact. in a statement it says they appreciate gates' service and welcomes differences. there was one they did respond to specifically that was his writing about vice president joe biden. the president disagrees with secretary of state's assessment. he was one of the leading

assessments at this time. he relies on the boots council every day. the president has a weekly lunch schedule with vice president biden. it is not an event where cameras attend but today they are allowing cameras in. heather, ainsley, back to you. >> thank you very much. elizabeth prann live for us this morning. >> now to an extreme weather alert. a deep freeze crippling the country for the second straight day. this morning at least 21 deaths have blamed on the brutal cold. you can see the moment they skid off the icy over pass. they landed on a pond that is frozen solid and that bond didn't even break. >> the majority of accidents were with sufficient type vehicles with a high center of

gravity. people get over confident driving the vehicles. we end up in more trouble than you would think. this is her truck completely mangled after the accident we showed you. amazingly she walked away with only a few minor injuries. over in pennsylvania these meyer men trying to fight a fire you can see parts of the house completely froenz. >> this inmate capitoling or the big house instead of the big chill. he an imaged to escape from p z prison but he turned himself in the next day because it was much too cold outside for him. when will we start to thaw out? maria molina is live on the plaza with more. >> we are slowly going to to be see something improvement across the eastern half of the country. we are going to see temperatures that are above average.

several record low temperatures were set yesterday morning in detroit. 14 degrees below zero was the actual temperature. current windchill temperature at zero in the upper midwest and even into new england. 7 degrees below zero in new york city. the cold air is pro cueing lake-effect snow. it is still snowing out there. like i mentioned a warm-up expected. in new york city well above average saturday. high temperatures in the 50's. expect to continue to see the warm-up. here's a look at the forecast what we can expect. more warm-ups not just in new york city but around the northeast and also into the midwest. >> always love it when you are sharing good news. think ahead. >> such extremes. to show you how cold it is outside i bundled up and did a

little experiment of my own on "the sean hannity show." . >> this bucket is full of water. this is the tos nukes t-shirt here. it is going to freeze. >> is that the one? >> that's the same t-shirt. >> where is the other t-shirt to prove it to everybody. >> can you show the other t-shirt. >> is that really the t-shirt. >> i know why you kept shaking it. you knew that would happen. >> scientist ainsley earhardt. >> a tire warning for drivers to tell you about. urging people to be on alert because the gunman in the bedly road rage shooting could kill again. why authorities say this is a very dangerous situation. >> there is a man still out there somewhere police are looking for. he is a man police say is

responsible for the death of a man who was just trying to make the long journey home from his sister's home in florida to his home in maine. police and fbi formed a task force to find him and bring him to justice. they say it happened around 2 am saturday morning. he was making the long drive home from florida he made a desperate call to 911. he was being chased by a dark colored pickup truck. shortly after he rammed his car off the road on to the median. the suspect fired several shots at davidson. davidson dying hours after the fatal shooting. police say a dark pickup truck in pennsylvania chased another driver pulling up beside him

opening fire as well. no one is hurt. >> the fact that we have similar incidents and the nature of the crime we think the person who did this could strike again. >> the home town was grieving because of the senseless tragedy. >> someone made a decision of a temporary problem that could have been an accident. >> we have video of four suspects from a different case, not this case at all. because the killer however is still on the lose police are urging drivers to be watchful. they offer this advice, follow your gut instinct. if you feel threatened by another motorist and you feel threatened call 911. that's what davidson did. unfortunately in this particular case police arrived too late. >> stay alert. it could happen again. >> kelly wright live for us. thank you.

those four men charged in the deadly car jacking at a new jersey mall last month due in court today on murder charges. accused of killing 30-year-old justin freed land after getting into a car with his wife. the couple was targeted because they drove a range rover. all four had been in custody since their arrest last month. >> an investigation underway this morning to find out what caused a helicopter crash that killed four u.s. air force members. the pave hawk copper went down during a training mission among the eastern coast of england last night. it was flying low at the time of the crash. the area remains sealed off. the investigation expected to take a number of days because the helicopter was carrying live ammunition. new overnight air canada plane at lax grounde

reports of smoke in the cabin. there weren't any passengers on that plane at the time. two ice breaking ships they have finally broken free in the antarctic and they are headed to open water. a russian research ship was stuck in the ice since christmas eve. last week chinese ice breaker snow dragon was sent to help but also was stuck shortly after sending in the helicopter to rescue those on board the vessel. a ship in the wind tuck the pressure off the ice and allowed both ships to finally break free. >> an indiana man is in jail after police found nearly 50 bombs in his car. he was pulled over outside of columbus, ohio on new year's day. police found four guns 48 explosive devices and more bomb making materials when they searched his vehicle.

investigators are trying to determine what he had planned. officials say the blast was so strong it knocked a one-story building six inches off its foundation. >> huge explosion like a bomb detonated the building. >> everything came off of the walls off the shelves. >> fortunately no one was hurt. canisters of butane being stored in a freezer in a vacant apartment leaked into the refrigerator's electrical components. >> the butane is used to turn pot plants into oil. >> trey radel back to work after pleading guilty to cocaine possession in november. he said quote reelection is the absolute last thing on his mind. he got his first primary

challenger last night. former state representative cage kregel who lost to radel in the 2012 election. >> the senate is moving forward with a three month extension of jobless benefits. they got the green light to advance by a narrow margin. they extended benefits for the long-term unemployed for additional three months. the plan is facing major hurdles in the senate and will say it has longer odds of passing the house. >> at the top of the hour sweater, check, tooth brush, check, human bean check? he caught packing a person in their luggage. why that person went to such extreme lengths. a police chief under fire for tweeting about a determination. he's teaching the person a lesson some say others say he has gone too far. we are asking you to weigh in on

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he>> a couple pictures from our viewers of the snow and icy conditions in their area. we really have enjoyed those. keep sending them in to us. look at that. dangerous weather out there. former miss venezuela monica speer gunned down in a roadside robbery in front of her daughter. they were returning from a new year's kvacation in central

venezuela when they ran over something sharp and they got a flat tire. two tow trucks arrived that's when the robbers showed up. spear's husband was also killed and her daughter was shot. >> her father and mother were killed. >> right in front of their little 5-year-old. 5 suspects were detained. not clear if any tow truck drivers were called. she was crowned miss venezuela in 2004. she was a well-known soap star on telemundo. >> one person is dead three others injured after a large avalanche took place at vail counsel t -- vale mountain in colorado. authorities warned there was a considerable avalanche threat in

the area. he is the 5th in the rocky mountain region in the past two weeks. >> the nation's largest bank is settling the madoff tab with a steep penalty. >> jp morgan will pay to settle several charges. the bank turned a blind eye missed obvious warning signs that madoff was a ponzi scheme. it paid out more than 16 million in fines last year. 350 million to settle similar charges and more than half a billion dollars to settle other claims brought by madoff's victims. this sum by the way equals about two weeks revenue for the banks. that's it. the 75-year-old serving a sentence in prison.

>> cracking down on popular diet aids. makers of sen saw returned over $26 million to consumers to settle federal charges that the company used deceptive advertising by claiming you could lose weight by sprinkling it on your food. it also hit lean spa with the colon cleansers. and htd diet direct which sells hormones for weig-- hcg for wei loss. velvetta the maker craft is experiencing a cheese shortage but didn't give any reason why only that it happens from time to time. uh-oh. mac and cheese. >> i used that at my super bowl party put it in with salsa and melted it with ground beef. it is so good. >> thanks, loren. grab your coffee. we are going to brew on this. when a person is let go from a

company the termination is usually discreet, right? that is not the case with the dallas police department. >> david brown socially announced he fired five people. he announced it on twitter. he spared no details with one tweet saying this, i have terminated -- sc frank della for public intoxication, damaging a person's property and making offensive contact with a person. >> we asked is it a good way to teach a lesson to obnoxious employees or is it just plain mean? send it to us at twitter or e-mail us at foxfriendsfirst@foxnews.com. >> elle magazine putting funny girl on the front of the issue. why some say this is an insult when compared to other comedic parts. >> some suffer out of this world

waves and i am not sure if that's -- there it is. that's a wave. so they can avoid a wipeout. can they? we will find out. @w@wowowpg÷÷g

>> a train derailed in canada near the border. 16 cars in new brunswick 14 miles from the border in mairn. four cars carrying propane and four others are carrying crude oil. no your injuries being reported. a phoenix man is under arrest accused of trying to smuggle a woman across the border in a suitcase. officers found the 48-year-old

thai woman hidden under a pile of clothes in the suitcase during a routine stop at the u.s. mexico border. the man is facing charges of human smuggling. this woman facing charges of her own because she had already been deported. >> reality star honey beoo-boo and her family recovering after a bad crash. the family suv was making a left at a light when a truck coming in the opposite direction with no lights on slammed into them. the accident sent several family members to the hospital. the patriarch mama june saying it is scary to us. we are definitely really sore today. >> elle magazine is under fire for another cover. mindy kayling shot in black-and-white and cropped at the chest. this is one of four covers but the other three are color with the women shown full length. critics are calling it racist and say she was cropped because

she is full figured. last year the magazine faced criticism for this cover of funny woman melissa mccarthy covered up in a coat. she responded, i love my elle magazine cover it made me feel glamorous and cool and if any one wants to see more of my body go on 13 dates with me. she has a rule. 13 dates. >> it was one of the most iconic victims of the 90s. remember this? >> now a new seinfield project. >> what's the show about? >> it is about nothing. >> no stories? >> forget the stories. >> forget the story. who says you have to have a story? >> this one will be about something. seinfield are teaming up on a mystery roj ekt. >> seinfield fans wrote a script

together. it is big and huge and gigantic. the xheed can said he couldn't reveal the details on exactly what is in that script. >> it is 25 minutes after the hour. one business owner is selling the restaurant that he put blood, sweat and tears into. he won't see a dollar of it. wait until you hear the heartwarming reason why. it is about to get more expensive all thanks to uncle sam. flush flush

>> the obama administrationstration from harsh words. questions about the president's leadership and dedication. the polar vortex turning roads into ice skating rings. temperatures so low in other parts of the country some cars are freezing in the streets. look at that. a warm-up is on the way thank goodness. maria is tracking where and when. >> from one extreme to another surfers from around the world trying to catch these amazing waves. can they hang 10? "fox & friends first" starting right now.

♪ ♪ are you gonna be my girl >> eight degrees in new york city. it's 5:30 on the east coast. good morning to you. it is wednesday morning. welcome to "fox & friends first". i am ainsley earhardt. >> i am heather childers. will thank you so much for joining us. it is half past the top of the hour. former defense secretary robert gates blasting obama's leadership in his new book. >> it is also targeting hillary clinton and her potential race to the white house. doug luzader is live in dc. what impact wipact will it have? >> they parted under what seemed to be pretty good terms. gates had serious questions about president observe's leadership. excerpts from his new book obtained by several news organizations and confirmed by fox news.

gates is unfair whenning it comes to the president's handling of the war in afghanistan. the president doesn't trust his commander, can't stand karzai, doesn't believe in his own strategy and doesn't consider the war to be his. for him it is all about getting out. that confirms what some conservatives already believe. >> i think this is a shocking revelation. i assume he didn't believe in this war by his own actions. but here's somebody sitting with the president three months in and i think this is an indictment the president rises above. everything else he has done is presidency. >> it could have an impact on hillary clinton as she may go for a white house bid. the war in iraq had little to do with foreign policy. here's what he said. hillary told the president her opposition to the 207 troop surge in iraq had been political because she was facing the

primary. the president conceded vaguely that opposition to the iraq surge had been political. the two of them making these admissions in front of me was as surprising as it was dismaying. gates may have saved his brutal assessment to joe biden. every major foreign policy and national security issue for the past 40er yaos. that drew the most direct response to the administration in a statement calling joe biden one of the leading states men of his time. the president and joe biden are having lunch today. they do that every week. today it will be at least briefly open to cameras. heather and ainsley. >> thank you so much, doug. i am sure our cameramen will be there. we will have that on fox. >> now to the weather. the deep freeze for the second straight day. >> deaths blamed on the weather

and the dangerous conditions. >> oo that car on the left side of the screen spinning out. whoo. >> whoo to say the least. it was so cold in baltimore a water main burst fueling waspil all over in minutes. it froze and it went viral. the polar vortex proving to be too much for this polar bear. the lincoln park zoo decided to keep 12-year-old anana inside. >> when will we start to thaw out? that's what anana and everyone else wants to know. >> it is forecast to be warming up over the next couple days. not very warm just yet across the northeast and midwest. take a look at the current windchill temperatures. feels like 7 degrees below zero in new york city.

3 below in chicago. in minneapolis feels like 20 degrees below zero. actual temperatures were colder in parts of the panhandle than georgia and alaska. it gives you information on how cold it is out there. we have the windchill advisories as well. high temperatures better today than yesterday. 3 degrees for the high in minneapolis 13 in chicago. in cleveland high temperature 21 degrees. that cold air over the relatively warmer great lakes has been dealing with significant lake-effect snow. 22 inches of snow already in water town and up state new york. we have over a foot of snow and white out concerns. it will be 40's and 50's by friday. on saturday 63 degrees for the

high temperature. it is going to feel wonderful after this cold start to the workweek. we set several records low temperatures yesterday. detroit reaching a temperature of 14 degrees below zero. that was the actual temperature not the windchill. >> i am thinking about the 63 degrees. that's what i was thinking about. >> something to look forward to everyone. >> a dire warning for drivers this morning. police urging you to be on alert. because the gunman in a deadly road rage shooting could kill again they say. kelly wright is here with why authorities have this warning for you. >> drivers beware there is a man out there somewhere who police are looking for. he is a man who police say is responsible for the death of a young man who was just trying to make it home. the long drive in florida to maine. they will find the man and bring

him to justice. they are describing the deadly incident as an act of road rage. it happened at 2:00 a.m. saturday morning on a busy highway. he was making the long drive home from his sister's house from florida to maine. he made a desperate call to 911 in the early hours of the morning telling mrils he was chased by a dark colored pickup truck. shortly after the police say he ran davidson's car off the road on to the median. what happened next is chilling. the suspect got out of the car fired several shots at davidson, the 28-year-old davidson died at the hospital. a few hours before that fatal shooting a similar incident happened near york, pennsylvania. police say a dark pickup truck there also chased another driver pulling up beside him and opening fire. no one was hurt. the fact that we had encountered similar incidents because of all of that and the

nature of the crime we think the person who did this could strike again. >> people have to be aware. meanwhile in his home town family and friends are grieving saddened by this senseless tragedy. the kind of guy if you are stranded 100 miles away you need to call one person, he would be there in a heartbeat. i love him and i wish i had said that. probably would have punched me in the arm. >> davidson will be greatly missed by his friends and family. because the killer is on the lose they are urging drivers to be very batchful. follow your gut instinct. if you feel threatened by another motorist call 911. of course ainsley that's what davidson did. unfortunately police didn't make it there in time. >> thank you so much, kelly.

>> the car jacking at a mall last month are due in court today on murder charges. the men are accused of killing 30-year-old dustin freedman. the couple was targeted after shopping because they drove a range rover. all four men have been in custody since their arrest. that was last month. former new england patriot erin hernandez's roll in a killing becoming clearerer and clearer. they identified hernandez as a suspect in a drive-by shooting that left two people dead. the document alleges he was in the car at the time of the shooting. no charges have been filed in that case. hernandez pleaded not guilty to the murder of ogdel lloyd and is now facing trial. >> an investigation underway on what caused a helicopter crash to kill four air force members.

the helicopter assigned to the fighter wing was flying low at the time of the crash. the area remained sealed off. they were expected to take a number of days. the helicopter was carrying life ammunition. >> an explosion in seattle is linked to a marijuana site. the blast was so strong it knocked a one-story building six inches off the foundation. >> everything came off the walls off the shelves. >> canisters of butane being stored in a freezer in a vacant apartment leaked into the refrigerator's electrical component. the butane is used to turn pot plant into oil. >> everyone wants a pete of the pot in wadustry in the state. they received 2600 pot applications to grow marijuana. the production will be capped at

2 million square feet for 46 acres. they have had 2,000 applications for retail licenses. those, too, will be capped to 234 pot shops statewide. >> the olympics are just around the corner get ready for an obamacare ad blitz. it bought time during the winter olympics last month. this will run with markets of high rates of uninsured people. no word on what the ads will look like or how much the ad time actually cost. vermont may have a solution. the state is planning an alternative plan of a single payer system which experts say would side line the insurance industry and instead set up a government managed insurance system to collect all healthcare fees and pay out all healthcare costs. critics say the proposal goes

too far and it would kill thousands of jobs. experts say it would take at least five years to see if the plan actually work. >> it costs more to drink in texas. it takes effect in texas this month. they cut taxes on bars and restaurants but shifts the burden to the people buying the cocktails. the sales tax on beverages will have to be paid by you the drinker. prior to the law sales tax only charged within beer and wine in that state. >> check this out. these incredible pictures the storm in the u.s., that combined with 110 mile per hour winds in europe and cause this, the massive waves in spain. daredevil surfers hanging 10 riding waves as big as 50 even 60 feet tall. can you image?

scary. >> 42 minutes after the top of the hour. we don't know which team is playing in the super bowl. the reason it will leave you scratching your heads this morning. >> i know the panthers are going to play. >> even if you are the only person in you are yao car turns out you may not be alone behind the wheel. as we go to break a look at video that was actually sent from one of our viewers sent from it minnesota where it is so cold boiling water immediately turns to snow. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.® and shift through all eight speeds of a transmission connected to more standard horsepower

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>> dozens of new york city police lying about disability on 9-11 so they could get millions of tax payer dollars in disability payouts.

four ringleaders coached them to act dysfunctional and disoriented in the psych lol -- psychological evaluation. pictures show they do not appear to be disabled. check out the cover of the new york post. this former officer on a jet ski. he received about 175,000 dollars over a four-year period after reportedly saying he couldn't even go outside. >> people are looking to score a ticket to the super bowl are out of luck unless you have deep pockets. one new jersey man filed a lawsuit for pricing fans out of the big game. since only one percent of tickets are available fto the public at face value most fans are forced to buy their tickets on the secondary market costing thousands of dollars. >> it turns out the nfl

headquarters tax exempt status could soon be sacked. >> two activist groups hope that's the case. root strikers and change.org have launched petitions in support of a bill that would ban big sports leagues from receiving tax exempt status. we reported back in october this bill sponsored by republican senator tom coburn han referred to the senate finance committee. since then not much else has happened to it. they have taken millions of campaign dollars to the sports industry. the league distributes money to pay for officials who pay taxes on it. the bill will either result in that money getting taxed twice or it will bring in a small amount of revenue. former nfl quarterback joe thighs man gave his take on fox news yesterday. >> that's the interesting thing

to me. you talk about $9 billion you talk about the values of the team the washington red did i knows 1.2 or 3 billion. the cowboys 1.5 or 6 billion. the values are there for the team the question is what benefit are you going to gain by taking away the status of the nonprofit? how much value are you going to be able to tax the national football league and get to where it serves some kind of benefit. yes it makes a lot of money, yes they pay a lot of taxes as a team. but if you are talking about $10 million in the scope of taxes where you are talking about trillions where does it really fit in. that's the question i am curious about. >> while he says the nfl and nhl could make 91 million a year in federal government they joined the committee on taxation for the numbers on an average of 11 million over the next ten years. >> even if the amount of money

wouldn't make a huge difference the tax exemption could be enended on christmas. >> dais macedss -- diane macedo thank you. what one restaurant is doing to help an employee with a brain tumor. >> forget about the beware of dog sign in arizona. it's tigers. what led police to two different backyards where the tirings were living. now let's check in with brian kilmeade to see what's coming up on "fox & friends." >> i don't know if we will get it all in in three hours. former secretary of defense coming forward saying president obama major problem with decision making. hillary clinton at the time, problems with her. ee investigationally vice president biden. dean cain is here he's super man and politically active. we will talk about the tea party and ann coulter is here. tony shape will be here and

rocco is a good cook. a lot of people think he is sexy. he will be joining us live. now if you gently zoom out because i am out of stuff to say. afghastan, in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's ened, usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection. and because usaa's commitment to serve current and former miliry members and their families is without equal. begin your legacy. get an au insurance quote. usaa. we know what it means to serve.

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>> two tigers ceased after living in homes. he posted a picture of himself with the tigers on-line. they think the cubs were brought in from texas.

it is illegal to have the pets inside your house so the owner could receive a citation. the tigers are at a wildlife park. >> a police chief raising eyebrows for taking to twitter every time he canned someone. your comments go pouring into us. we are going to have this coming up next. ikely ikely to lose your supporting teeth? try poligrip for partials. poligrip helps minimize stress which may damage supporting teeth by stabilizing your partial. care for your partial. help protect your natural teeth. [ 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

two minutes till the top of the hour. before you leave the house here's what's happening today. the hunt continues for a road rage killer in pennsylvania. police urging drivers to be on alert because they believe the shooter could kill again. the deep freeze easing. winds calming down and temperatures starting to warm up. america could be facing a velveeta shortage. it is running low in some stores especially on the east coast. >> time to look at the good, the bad, and the ugly.

up first the good. a dog in pennsylvania reunited with her family after she ran away in the snow. it occurrence out bianca walked two and a half miles to her doggy day care. could your car be spying on you? a new report says if you use a g.p.s. the system could be collecting information and sharing it such as where you're going. finally the ugly. florida state official on-line an athletic store posted a t-shirt for sale with the auburn tigers winning. the seminoles won. the picture on the website was later corrected. >> it is now one minute till the top of the hour. time for your brew on responses. we told you about a dallas police chief announcing he fired five people on twitter. >> we asked is this a good way to teach a lesson to obnoxious employees or plain mean? >> vernon says i think it is lazy and unprofessional. >> j.m. says yes,

especially with police, let's them know they are not above the law. >> herman says good for him. i'd like to know what my local cops are up to. >> have a great wednesday. we'll see you here at 5:00 tomorrow morning. >> "fox & friends" stars right now. bye. good morning. it's wednesday, january 8. i'm elisabeth hasselbeck. former defense secretary robert gates taking a direct hit on president obama, and this morning the fallout is just getting started. >> did you know that unemployment benefits create jobs? >> voting for unemployment insurance helps people and creates jobs and voting against it does not. >> the president's trickle-up theory, it just doesn't add up. we'll tell you about it. >> remember when kanye compared being on stage to this. >> you never know. i think about it. i think about my family. i'm like