headlines. you are watching "fox & friends first" on this tuesday morning. i am ainsley earhardt. >> i am heather childers. thank you for starting your day with us. all eyes on the white house as president obama plans his 5th state of the union address. >> molly henneberg joinis us lie from washington. >> after a difficult year with not much done on his legislative agenda president obama is expected to throw down the gauntless in his state of the union address telling lawmakers he has other options if he can't get his legislative goals through congress. >> he simply won't stop because mindful of congress' reluctance to be cooperative at times the president is going to exercise his authority. he is going to use his pen to

advancerely on expanding opportunities, making sure that hard work and responsibility is rewarded and opportunity is expanded. >> the white house signalled he is willing to go alone and take unilateral action on issues related to the economy, environment and healthcare if he can't get congress to go along. you see pictures of the president working on his speech in the oval office yesterday. some republican em ins of congress say this shows a degree of quote lawlessness by the president. >> it certainly appears to me when you ignore the constitution i don't like that law i am not going to enforce it, i am not going to enforce this law i don't like the immigration law here's the new law. that's what kings do. >> he is expected to announce executive actions on job training programs and creation of a new retirement savings

plan. heather and ainsley back to you. >> molly henneberg live for us in washington. thank you, molly. >> time to take a look at who is talking. texas senator ted cruiz is talking about what president obama needs to say tonight when it comes to obamacare. the president needs to apologize bau then he needs to act. >> this president hasn't taken responsibility for the harms that have come from his policies. an apology is empty if there's no action after it. i have two girls at home 5 and 3. if the 5-year-old is punching her little sister and saying i am sorry after she punches her that's not a very meaningful apology. every parent knows if you are going to apologize stop doing what you are doing and make it right. >> senator cruz also talking about the benghazi terror attack after hillary clinton says this about the biggest regret as her tenure as secretary of state.

>> my biggest regret is what happened in again zbenghazi. it was a terrible tragedy losing four americans oo. >> cruz compared her response to president's response to the obamacare debacle. >> the pattern with hillary and the pattern with president obama is virtually the same. president obama says i am sorry you lost your health insurance, but he doesn't do anything to fix it. hillary clinton today apparently says she regrets that four brave americans lost their lives, but at the same time she doesn't want to do anything to fix it. i would expect tomorrow after more than a year has passed with nobody being brought to justice that he would call for some accountability now that he would join with me and 24 other senators calling for a joint select committee to get answers. >> for tonight's state of the

union some of the best seats in the house are in the first lady's designated area. the people whochosen to join he have themes of ideas in the president speeches. the new general motors ceo mary barra, jason collins the first openly gay nba player and boston marathon survivors known now for the iconic photographer you are seeing there. 25 guests will be joining the first lady. a notable snub many say someone benefitting from the signature healthcare law. >> how many of you will watch the president's speech tonight? according to the fox news poll # 31 percent of the registered voters polled say they will watch carefully. 28 percent say they might watch some. 23 percent say they will read instead. 17 percent said they are not interested at all.

if you are interested tune in at 8:55 p.m. eastern time followed by a special hour with megyn kelly. a massive storm expected to douse ice and snow on some 1200 miles from virginia over to texas. maria molina tracking the storm. what is the track of the storm? >> right now we have the center of the storm system located over the parts of the central gulf coast. as we head into tonight and tomorrow morning it will be in the eastern part of the carolinas. it geeastern north carolina cou pick up 6 inches of snow locally in some areas a foot of snow with a historic snowstorm coming up tomorrow. i want to show you the current

temperatures this is what is setting the stage across parts of the gulf coast. looking at temperatures below freezing only in the 20's. as we head into the west much much colder. chicago the current temperature 11 degrees minneapolis 14 degrees below zero. what it feels like as you head out the door feels like below zero. you can see the winter storm warnings in effect from texas all of the way up into parts of the carolinas. very rare. here's a look at the computer model. eastern north carolina more than six inches of snow. i know some of you have family out there, right, heather and ainsley? >> my aunt is up there in elizabeth city. >> cold out for a lot of my relatives, too. >> thanks, maria.

>> legendary folk singer and song writer pete singer has died. ♪ >> known as the father of american folk music seger made songs like this land is your land and we shall over come. he was an activist leading environmental campaigns and marching along side doctor martin luther king. seeger's family said he died peacefully. he was 94 years old. three people are dead after a helicopter crash in colorado. the three person crew was on a routine flight. the helicopter snagged a power line and went down north of grand junction. a mounted rescue pilot he was among those killed. the faa and ntsb are

investigating the crash. dozens remembering two people shot dead at the maryland mall. shopping center reopened. mourners left throw you ares and prayed. >> it is chilling to think people were witnessing all of this and the weirdest thing is not knowing the motive. >> 19-year-old aguilar is accused of killing two people inside the skate board shop in the mall on saturday before turning the gun on himself. a journal discovered at his house shows he was unhappy in life in general but no firm clues on a motive. aguilar's mother said she doesn't think her son knew the victims. the united states strongly condemning an order to release 37 taliban prisoners from afghanistan prisons saying the prisoners pose a threat to

security. the u.s. says it has strong evidence the prisoners were involved in attacks that left coalition soldiers wounded or dead. the afghans say there's not enough evidence against them. >> a race between the department of justice and technology companies when it comes to releasing customer information to the government. how the nation's leading internet companies will now be allowed to share information to the users about the number of requests they receive annually from the foreign intelligence surveillance court. it is aimed at helping inform the public about how often the government hmonitors internet use. >> the nsa knows what you are up to and an angry bird may be to comblam. using cell phone apps to access personal information. kelly wright joins us now with what consumers need to know. >> the revelation comes from edward snowden. it's another lake and some say another cause for concern.

the latest leak shows how the nsa along with the division of great britain's can zero in on your location when you are on google maps and posting on facebook or twitter. when you are playing angry birds, big brother could be watching your every move gathering knowledge of your age, sex and other personal information. it is something you wouldn't expect out of a game on your phone. i don't think it's right. >> electronic devices are feeding each other information. it is kind of scary how fast your information travels. >> the agency is not spying on average americans but people who are potential threats to the country. >> the nsa in its collection is focused on the communication of people who are valid targets.

>> that is not with standing a number of americans are making it clear the government needs to put out of their personal affairs. a new associated press study showing 50 percent of polls say they value privacy over anti-terror. >> watch your angry birds. kelly wright joining us live this morning. a new report reveals the west virginia chemical spill was worse than initially reported. freedom industries who owned the tank that leaked into the river says 10,000 gallons of chemicals were released. more than originally reported. the leak damaged the water supply or west virginiians this month. they are calling for the facility to be torn down. >> super bowl week officially kicking off here in new york and new jersey.

>> check out the awesome fireworks. they braved the cold weather to watch daut tree rock out on stage as a sold out show. >> the goo-goo dolls and the fray also performed. looks like fun. cold but fun. the time now is 12 minutes after the top of the hour. speaking of the super bowl, how do you keep the most watched supporting event in the -- sfoerting sporting event in the world safe? >> help wanted. the royal edition. requirement you must be well manored and you have to know how to kirtz see. h

-- kurtz see. how you can call buckingham palace home.

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super bowl xlviii >> authorities in texas calling off the search for a missing colorado woman. a family is still pushing forward. leeann beard recently returned from a trip around the world with her husband only to disappear while going on a walk near her in-law's house in texas on january 17th. police and hundreds of volunteers searching that area near san antonio. but nothing has been found so far. coming up on "fox & friends" during the 8:00 hour her husband josh will join us live. >> this story is going to get fired up especially if you live in arizona. taxpayers footing the bill for a convicted killer behind bars. jody arias' legal bills now topping more than $2 million.

that number is supposed to go occupy. arias is convicted of murder back in may but the jury couldn't reach a verdict on the stens. they are starting the penalty phase with a new jury in an effort to get the death penalty. >> one major airline has a hot expansion. they are spreading their wings all of the way to the caribbean. boy does that sound nice now. lauren simonetti has more. >> we have to wait until july. good news for travelers looking for a cheap get away without having to pay to check your bags. southwest flying to the caribbean specifically awe r aruba, jamaica. they bought air trance back in 2011. delta expanded internationally. the caribbean flights will depart from orlando as well as baltimore. they plan to add destinations in mexico as well as the dominican republic. google wants the new classes to

look less geeky, i guess. the frames in titanium gold they look stylish. they can be filled with prescription lenses which is huge because you can be reimbursed by the insurance. the cost is $225 on top of the $1,500 google glass the original computer glass that you need to buy. google says you can buy them later this year. this is their push into mainstream america. they are adding detectable stun glasses. proctor and gamble want you to get excited about brushing your teeth. you can buy three new crest flavors. mipt chocolate trek, lime spearmint dove and vanilla mint spark. the point is to get customers who like change to stay loyal to crest that's the number one brand behind colgate. >> i don't know about brushing

withmint. >> chocolate works. >> buckingham palace is hiring a housekeeper. the ad on the royal household's web site says the new employee will run fast and look after the queen's jewelry. applicants should be meticulous the job pays 27,000 dollars a year. >> run baths and look after jewelry. it's car verses train in this case. it involves some very precious cargo sitting in the back seat. >> it could be a break through for travelers. a new smart phone device takes the hassle out of hotel rooms. but is it safe? what you need to know before checking in. mine was earned in korea in 1953.

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>> welcome back to "fox & friends first". a 6-year-old boy thrown from a car after he is hit by an amtrak train. the boy's mom who was driving tried to get past the warning guard that's when the train clipped the car. the impact through the baby out on to the ground. the baby is hospitalized in stable condition thank goodness. the mom facing charges. firefighters in maryland coming to the rescue after a 10-year-old girl fell 30 feet into an old well. the if i recagirl had been play neighbors when she fell in. the well was covered with deteriorated fly wood which collapsed under her weight. >> the lucky thing for us or the good thing is the size of the well and the situation we were able to lower a provider in easily to make the rescue not having to make another hole or a

second terry rar -- secondary r. >> the girl is hospitalized with nonlife threatening injuries. tdemand for super bowl tickets not as hot as expected. it's not because of the weather. the teams aren't sexy enough. the teams don't have big enough fan bases. the 79,000 tickets have all been sold but taste the retale market that is hurting. a ticket with face value of 800 only being marked up to 1200 on places like stub hub. in past years the retail has been much higher. thousands of police officers in new jersey and in new york hitting land, air and water to tackle any terrorist plot during the super bowl. we are getting an exclusive look at security from met life stadium. >> good morning ainsley and heather. you probably hard heard super bowl xlviii is expected to be the coldest super bowl in history. it will be the most secure. >> while 80,000 fans are

enjoying super bowl xlviii inside met life stadium thousands of police and federal agents will be watching everything but the game. prepare for exhaustive list of emergencies and worst case scenarios including fire, shootings and terror attacks. >> what is your biggest fear? >> disruption of the event. most fear that most americans deal with post 9-11 era that something can happen. >> the police are in charge of the security working with 100 other state, local and federal agencies facing unique challenges. 40 percent ride buses and trains to the stadium. riders will have to be carefully screened for bombs and weapons before they board. met life is located near water in the meadowlands. so police will put patrol boats in the marshes. they are a few miles from new york city the most popular target in america. the security web includes this

temporary command post built near this stadium. fox news was given an exclusive tour of the facility officers and agents will monitor everything from road and radiation levels. >> one of the concerns is getting people into the stadium on a rainy snowy super bowl sunday. it is a mass exodus in people who may not like the weather and want to leave early especially if the game is lopsided. >> that's a good point. the time 26 after the top of the hour. natural foods may not be doing your body any good after all. why you could be wasting your money. and the new healthy sounding term companies are using to lure you in. >> what quentin torn teen no is making sure people still pay to see his movies. small business cd i break my back around here. with amazing rewards.

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>> good morning january 28th. my mama's birthday. happy birthday. google maps could be giving international spies access to your private information. and it's not the only popular app that is leaving you exposed. a joy ride ends with no one laughing. two teenagers now facing fell lee charges for taking a bus for a wild ride all while recording it on their cell phone. >> simplicity verses security. it is being touted as a way to take the hassle out of hotel rooms. but could the program give

access to your room? ♪ >> a little daut tree dau tree t your day going. performed last night to kickoff the super bowl festivities. welcome to "fox & friends first". happy birthday to your mom. >> it we love you mom. it is 31 minutes after the hour. president obama preparing to layout the state of the union address. >> he is already drawing lines when it comes to congress. doug luzader joins us with what we can expect.

>> the president is expected to outline something of the go it alone approach if congress refuses to help him. yesterday the white house allowed the photos to be taken as the president prepares for the address in the oval office. they sent out a photo of the pen. the reason they did this the president will use that pen to sign executive orders if in fact congress refuses to act. >> he simply won't stop there. mindful of congress's reluctance to be cooperative at times, the president is going to exercise his authority. >> the president is expected to use tonight's speech to announce executive actions for job training measures of retirement security programs and assistance for the unemployed, but without help from congress his options are limited. he's also expected to talk about income and equality something republicans may feast upon.

>> 95 2012 went to the upper 1 percent. and we know that 80 percent of the executives on wall street donate to this president over his opponents we kind of figured out where he is going there. he's probably going to have to talk about something besides income distribution. >> even though the state of the union address is one evening ends up being an entire week of events. like any president this one is going to phit the roadite rafr ardz. wisconsin, tennessee, maryland and pennsylvania. he will be on a tour to drive home some of the points that he makes tonight. heather and ainsley. >> doug luzader live for us. >> ahead of tonight's state of the union speech republican senator tom coburn, warren hatch and richard burr are laying out their alternative to the obamacare. it would repeal obamacare and

institute new reforms. the white house is calling it another repeal. the senator sat down on the record to dispel that notion. >> it is not a repeal. it is a plan that empowers people to make choices rather than give them. allows states to be primal in terms of figuring out what we are going to do and gives the states the authority and the money to do it. >> it that means it is time to talk a look at who is talking. former massachusetts governor mitt romney on "hannity" last night talking about the president's legacy or lack there of. >> you are not accomplishing a real legacy as a president unless you can work with people in both parties, knock some heads together if they have to be knocked together or work out on a more collaborative basis solve the problem we have. this is the president at a time when america is sliding

internationally and economically, where people are hurting, they are more poor in this country, number of people on food stamps has exploded. the number of people in the middle class having a hard time making ends meet. all of these things are happening under his watch. and i wanted to help turn the country around. >> be sure to tune in to the fox news channel for the state of the union. our coverage begins with bret baier at 8:55 eastern time followed by a special hour of megyn kelly at 11:00 p.m. >> now to an extreme weather alert the arctic blast from the midwest heading down south. a massive storm expected to dump snow and ice on 1200 miles from it virginia all of the way over to texas. >> maria molina tracking the storm in the weather center. what is the path of the storm? >> the storm is going to tack along the gulf coast and head into the carolinas as we head into tonight. part of the reason why we are going to see ice accumulation and snow accumulation across

many of the states is our temperatures. they are going to be cold enough for that snow to come down. you can see right now in the 20's in the city of dallas, also in atlanta and city of raleigh. we will have the core of the cold arctic air is across the midwest. right now current temperatures are well below zero in minneapolis and chicago. when you factor in the wind this is what it feels like. minneapolis as you head out the door this morning it feels like 26 degrees in green bay 30 below zero and 37 degrees in the city of far go. we are looking at dangerously cold windchill temperatures and warnings and widespread area into the midwest and northeast. otherwise the track of the storm system you can see snow this morning akloss parts of mississippi and by tonight it will be impacting parts of the carolinas. eastern carolinas is where we see the higher snowfall

accumulations possibly more than 6 inches. we have winter storm warnings in effect. gulf coast areas a little snow and ice but that's enough to produce issues on the roadways. back to you. >> you are giving everybody the warping now. >> be patient out there. >> the kids love it. they love getting out of school. >> not only getting out just because it is cold. >> bundle up. >> thanks maria. leg gary folk singer and song writer pete seeger has died. ♪ ♪ this land was made for you and me ♪ >> he is the father of american folk music seeger songs like this land is your land and we shall over come. very popular. he was also an activist in the environmental campaigns marching along side dr. martin luther king jr. his family said he died

peacefully in a new york hospital. he was 94 years old. >> in just a few hours these two cantaloupe farmers tied to the nation's deadliest foodborne outbreak will be sentenced. eric and ryan jenison the owner of jenison farms in colorado pleaded guilty last year in connection to the 2011 listeria outbreak that left 33 people dead. they face up to six years in prison and a $1.5 million fine. tomorrow the royal caribbean cruise ship with more than 600 sick passengers on board expected to reach its home port in new jersey. the trip cut short after people started getting violently ill days into their vacation. he and his wife were on the cruise ship. >> at least maybe about 300 people waiting on-line to go into the docks. and then as of yet today the

doctor was making visits to different rooms. >> cec officials boarded the ship in p saint thomas. they are awaiting test results to confirm the mystery illness is the norovirus. >> a u.s. cargo ship departing on a mission to destroy dangerous containers of deadly he chemical weapons now being removed from siyria. this an effort to remove the nerve agent program is headed to a port in southern italy where the chemicals will be transferred to the ship and broken down at sea. about 700 tons of chemical weapons set to be destroyed. the nsa knows what you are up to and a little angry bird might be to blame. the agency using cell phone apps to access your personal information. >> it is another revelation

about the nsa program. the latest leak showing how the ns ashe a and british counterparts are monitoring data from such apps like the popular game, angry birds. the nsa is able to tap into the data from the game you are playing and determine things like your sexual orientation, age, marital status, divorce and more. if you are using google maps or sharing pictures on facebook and twitter the nsa can pinpoint your location. i think it's terrible. as united states citizens we are protected by the constitution and it violates our 4th amendment rights. >> the white house defends the nsa saying the agency is not spying on average americans but on people who are potential threat to the country. >> the data is collected by the nsa through whatever means. we are not interested in the communications of people who are not valid foreign intelligence.

and we are not after the information of ordinary americans. >> by the way, the maker of the app says it has no knowledge at all of nsa tapping into the data. most americans do not trust the president's ability to restore credibility to the nsa program. the associated press pole revealing more than 60 percent of the people poled say they value privacy over anti-terror protection. >> interesting. thank you so much. kelly wright live for us in the studio. >> the governor of pennsylvania is saying a judge made a mistake throwing out the state's new voter photo id law. tom core bit is asking the court to reverse the decision. the law would require voters to show identification at the toles. but the judge said it was unconstitutional and placed a burden on the fundamental right to vote. >> alaskan road shut down by two avalanches is now closed indefinitely. the snow wall is blocking the only road access to the town of

valdez where 4,000 people live. the department of transportation now saying that it could be a while to clear that wall because a lake formed behind it creating flash flooding dangers. >> we have an emergency alert system out there. you could be prepared to leave as soon as possible. >> the good news is the town has plenty of fuel and if they run out of food it will be brought in with a barge. >> the time now about 15 minutes to the top of the hour. he is doing time for getting high but wait until you hear why one inmate is released from prison once a month to break the law. >> natural foods may not be doing your body good at all. the healthy sounding term companies are using to lure you to buy.

fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that parker. well, did you know auctioneers make bad grocery store clerks? that'll be $23.50. now .75, 23.75, hold 'em. hey now do i hear 23.75? 24! hey 24 dollar, 24 and a quarter, quarter, now half, 24 and a half and .75! 25! now a quarter, hey 26 and a quarter, do you wanna pay now, you wanna do it, 25 and a quarter - sold to the man in the khaki jacket! geico. fifteen minutes could save you... well, you know.

>> welcome back to "fox & friends first". quentin tarantino won't be taking the script to the silver screen. he wants to take the people who leaked it to court. tarantino is suing the web site golfer for leaking his current script on-line. the first draft has leaked. he announced he would no longer be making the film. gawker said they didn't leak the script they only provided a link to another site that contained the skreefcreen play. >> he made one of the most successful documentaries of all time. the filmmaker behind the hit documentary "observe's america" has been charged with violating federal campaign laws. many think that he is being targeted by the administration. d' douza's producer spoke to him

about the charges against d' souza. >> i think it is strange that somebody would allegedly contribute 20,000 dollars and yet say nothing, there's nothing in the press ever about the fact that i can go to a dinner, you can go to a tinker and put up 25, 35, 40,000 dollars a plate. his lawyer denies any wrong doing. he is being held on 195,000 dollar bond. what does natural really mean when it comes to your food? the fda doesn't have a definition. a few companies replaced the word natural with other words like simply. the reason, too nanny lawsuits being filed consumer groups. >> the smarter consumer needs to be a little more authentic and transparent with consumers. the fact of the matter is these

products aren't natural. >> the companies are changing the way they market in order to stay relevant to the consumers. >> now there's an app. but is this smart phone app that replaces your room key a trying out the mobile check in technology that allows customers to receive a message on a star wood app with a virtual key. it will unlock a door with a tap or twist of the phone through blue tooth technology. they are aware of the risks that go along with this. >> they are con if i p dent it will become the new standard for hotels saying it may be a novelty at first but it will be part of managing a hotel. it comes after failed attempts to have guests enper roter room credit cards. they didn't seem interested to p handing over their master card to their kids. it will test the virtual key in

california and new york city next month. the feature will work on iphone 4 s or newer and android running 4.3 software or later. when asked about safety the star wood hotel ceo says their customers so far are very enthusiastic. >> jolene kent, thank you, jo. >> it is 49 after the top of the hour. a joy ride could leave two teenagers crying. the vehicle they stole that has them facing felony charges. >> his best friend saved his life when he fell in front of a subway. now this blind man has two best friends all to e what's coming p on "fox & friends." >> good to see my two best friends. let me tell you what's next on "fox & friends." the president gearing up for the 5th state of the

hall of fame quarterback dan marino will be here live talking about controversial issues like cold-weather super bowl. matt hasselbeck will be here. he played with the seahawks and brought them to the super bowl. meat loaf is here, unrelated to the quarterback but he was a football player in high school and he's going back to vegas. coming up on "fox & friends." pull out, go to full screen and then to a commercial.

it is now 53 after the top of the hour. the teenager captured on this cell phone is behind the wheel of a public bus joy riding at the transit agency's maintenance plant in atlanta. two teenagers arrested and charged with criminal trespassing, interference with government property and criminal damage.

a man in jail for pot possession allowed to leave ten days out of every month to go smoke it. a weed activist who calls himself the weed man is also a cancer patient. the judge who jailed him in new jersey legally allowed him to leave to fly to california to get medical marijuana. he is serving 270 days in jail in 20-day installments. >> for the first time denver county is adding pot-thaoepld -- pot themed contests to its summer fair. blue ribbons for the best pot plants. no one will be allowed to use marijuana at the pot pavilion. >> when the super bowl airs sunday the quarterback won't be the highest ranking member on the

field. a first lieute cheerleader. she joined the team after dancing on the cheerleading squad at her alma mater. she has been on military duty for seven years and says the air force shaped her into the person she is today. the time is about five minutes till the top of the hour. she served five months in jail for a two-day sentence because the judge simply forgot? you won't believe this story. >> a bike, no match for a bull. see what happens after the animal runs wild on the road.

about two minutes till the top of the hour. before you leave the house lear's what's happening for you today. tonight is the president's state of the union address. president obama wants to take action with or without congress, and you can watch it here on fox news live starting at 8:55 p.m. eastern time. it is super bowl media day, the day where thousands of reporters from around the world hurl

questions at the super bowl players. we'll have more of that for you. google is adding google glass options for prescription glasses. lenses will be available in a set of frames that will cost $225 towards the end of the year. >> time to take a look at the good, the bad, and the ugly. first the good. the blind man in new york who survived falling on to the subway tracks gets a new guide dog thanks to good samaritans who donated money. cecil williams credits his preach service dog or -- his previous service dog for saving his life and he retired. this orlando woman spent five months in jail for a two days sentence because a judge forgot to sign her release. the situation under investigation. this bull in china on a rampage on a highway in china. the driver appearing to be okay. >> lucky guy. thanks for joining us.

"fox & friends" starts now. >> have a good day. >> bye. good morning. it's tuesday, january 28. i'm elisabeth hasselbeck. the president said he has a phone and a pen and now we know he is ready to use them. his first order of business, the minimum wage. >> can he do that? remember when former secretary of state hillary clinton said this about benghazi? >> the fact is we have four dead americans. was it because of a protester was it because of guys out for a walk one night who decided they would go kill some americans? what difference at this point does it m