pittsburgh. >> the ugly. a woman slams into a cop car and almost runs over two police officers. the woman's child was in the car during the chase but not for the crash somehow. this happened in new mexico. >> thank you for starting your day with us. have a wonderful thursday. we'll see you tomorrow morning. >> "fox & friends" starts now. good morning. it is thursday, january 30, 2014. i'm elisabeth hasselbeck. the president promised justice for conservatives targeted by the i.r.s. >> 280 days passed and no one has been indicted. many if not all of the victims have not even been interviewed. >> perhaps the problem is the leading person in the investigation is a big supporter of the president. we report. you decide. >> sure that's just a coincidence. >> when you talk about wendy davis and her quest to be the next governor of texas, hitting more

turbulence blaming now mr. abbott fort problems she's having. the problem is mr. abbott has no problem with her. the facts and fiction about this little sparring session as i bring all the fun from super bowl bull -- boulevard. >> brian is down at super bowl boulevard and he does his radio show after "fox & friends" but check out what our cameras uncovered. brian getting a massage. is that radio row? indeed. thank god. "fox & friends" hour two live from super bowl boulevard and the crossroads of the world starts right now. ♪ ♪

>> live from times square, brian kilmeade sitting there. good morning to you, brian. it is 16 degrees. >> astro turf chair? >> you're on astro turf in a chair because it's the super bowl. >> right. i'm surprised you guys aren't here. you embraced the weather yesterday. and elisabeth hasselbeck making news, coming over in shorts -- excuse me -- a skirt. >> i didn't have a choice. i had to get there quickly. you might end up with the m.v.p. for the c.b.o. i think you en-- m.v.p. for the super bowl. you endured more than anybody else. >> something happened yesterday that i will forever owe elisabeth my life. i'm not going to tell you

now but she was the only one there for me and you can argue that my life was in the balance. it was beyond the call of duty. >> it was heroic. we'll tell you a little later. >> we're going to have justin tuck today. and also yesterday, elisabeth, steve, i hope you can do this, elisabeth joined me on radio row and also joined her brother on tv on radio row. we're going to bring you inside radio row. so few people get a chance to experience it. if you didn't see jerry mcgwire, this is what it is. we will bring you inside that shortly. >> we've got clydesdales, super bowl talk and a lot of news. stay warm, brian. >> we're going to cover sports and the super bowl but first news. yesterday on capitol hill there was a three-hour hearing of the senate judiciary committee, and there was a sparring session between screen left, ted cruz, the senator from texas; and eric holder, the highest law man

in the country. mr. cruz had a bunch of really good questions. hey, eric holder, it's been near a year after the inspector general of the department of justice and the i.r.s. revealed that the i.r.s. had been illegally targeting members of the tea party, conservative and pro-israel groups. where's the justice, he wanted to know. if you missed it, here's a minute's worth. >> is it your position that out of the 117,000 employees at the department of justice, the only lawyer available to head this investigation was a major obama donor? >> i don't have any basis to believe that the people engaged in this investigation are doing so in a way other than investigations are normally done. that is by looking at the facts, applying the law to those facts and reaching the appropriate conclusion. i don't have any basis to believe other than that is occurring. >> i will say a lot of american citizens have a

basis to believe it given 280 days passed and no one has been indicted. 280 days and many if not all the victims have not been interviewed. 280 days passed and apparently the anger and outrage that both the president and you expressed has utterly disappeared. indeed last night in the state of the union address the president did not so much mention the words i.r.s. so that anger and outrage sees very little manifestation in actual action. >> ted cruz calling it faux rage. outrageous and unacceptable. >> does this sound familiar, guys? >> it sure does, brian. >> this is the same rhetoric -- what the attorney general is doing is the same thing he's done with fast and furious.

he's going to run out the clock. sooner or later if the american people continue to have a.d.d. when it comes to this stuff it is going to go away. bob woodward will write about it in three or four years and that will be the story. there's got to be a way to break this deadlock. he talks, they talk. nobody gives answers and we basically highlight the questions. >> we don't know who is going to be held criminally liable, if anybody is, the i.r.s. if you've got a question for the i.r.s., the national taxpayer advocate, a watchdog group, came out yesterday and said a lot of people called them, 20 million calls went unanswered. and this year we have 400 walk-in centers across the country. what they're going to do is they're only going to answer basic questions at walk-in sites during filing season and after the month of april they're not going to answer any questions for anybody at the walk-in centers even if you wound up with an extension.

>> even if you're on hold for 18 minutes, the average wait time. we're not going to wait longer to say hello to heather nauert. good morning. >> a lot of people have questions for the governor of the state of georgia. we're talking about the fallout from the weather. georgia officials under fire for the delayed response to the storm. a lot of cars are still stranded this morning on the icy roads there. after two inches of snow hit the area. the georgia governor is blaming forecasters saying they were not warned of what was on the way on tuesday and wednesday. the national guard has been called in along with other state agencies to take drivers to their abandoned cars. officials say getting cars off the road is crucial to reopening all those lanes and traffic. we will keep you posted on this affecting so many people. you know that cruise ship that docked with nearly 700 passengers? it's headed back to sea tomorrow after so many of them, hundreds of them, were sickened by the

norovirus. royal caribbean crews are working tprapbgtically to san -- tpapbtically to sanitize the ship before it head out. this includes three swimming pools and aopb ice skating rink. it is the second arrest in one week for justin bieber charged with assaulting a limo driver in december. check out the scene last night. this is more than 100,000 people signing a petition to deport the canadian singer and revote his green card. the website promises if 100,000 people sign that petition the white house will officially respond. what do you think of that? >> after threatening to throw a reporter over the rail at the capitol rotunda an apology from new york congressman michael grimm. take a listen. grimm called that reporter michael scotto and

apologized to him. they plan to have next week to bury the hatchet. grimm was on hannity to set the record straight? >> you weren't going to throw that guy off the balcony? >> absolutely not. >> just checking. you're a new yorker? glad to hear that. some lawmakers calling for an official sanction of grimm. and those are your headlines at this hour. you guys are headed back to times square today later on? >> we're headed down there this morning. brian? >> elisabeth saw it and steve will witness it but after i finish this show i'm going to head to the sheraton hotel and i go to radio row. i thought it would be great to give you an idea of what it was like if you walked around as a guest or worked it as a host. i'll bring you to the ballroom. let's take a look. >> you just walked in. describe the scene.

>> [inaudible] >> i'll see you tomorrow on kilmeade and friends. that's it for my radio show, trying to give you an idea of what radio row is like. let's see who we can talk to. >> be the best player i can be. >> talk show host for fox sports for people who don't know what it is like put it in perspective. >> this is where all the radio stations, sports stations around the country come together. >> that is one reason i love this is you see an old friend. i've known brian kilmeade since the late 90's. >> roger, for people who never get here, what are they missing? >> they're missing a lot of great interviews from great media people. >> this is wild, getting behind the scenes to see how intricate this is. this is more of a battle

field than what we see on field. >> broadcasters want to be here, news makers want to be here. players actually want to be interviewed. afterward you get to hang out at the media lounge. inside the media lounge, a chance to cool out and rewind and refuel. like here. get my free massage. as for this piece, we're done. >> so that's where you go after you leave the show. you go for your massage uptown with that lady? >> right. i will say that's unique to new york, ladies and gentlemen. i've never seen a masseuse there. they also offered to polish my shoes. only i didn't take them up on that. it's a pretty cool setup. steve, i hope you'll join us. elisabeth, you hung out afterwards for about an hour talking to your brother-in-law mat. >> we had a great time, afternoon huddling up with what was going on there with chris.

there were so many people. you could see a ton of personality from the athletes, all this kind of crossing over seeing buddies and teammates. >> it may be cold here in new york city -- currently 16 degrees -- but the excitement is building because the super bowl just a couple of days away. >> i've got to tell you a story about the hero next to you. it was less than 22 # hours ago whennist sitting by the heater. -- when i was sitting by the heater. elisabeth hasselbeck was a few feet away when all of a sudden she said i smell something. i turned around. i was on fire. i literally was on fire. everyone was frozen and this woman, five foot five inches of muscle and nothing but sinew patted me down and put out the fire with her bare hand. i would have had to buy

another coat. but this woman saw me on fire and put me out. give her a hug for me if you get a chance. >> brian, it's just what i do. it's nothing special. it's just what i do. >> i smell burning cohost. >> maria molina was helping me out too. we hit you hard there. we're glad you're okay. >> she identified the fire. >> we should point out brian is sitting in front of a big heater right now. just stay a couple of feet away. it is going to be hard for super woman to fly over there. >> coming up, he's accused of punching a 78-year-old woman in the face in a game of knockout. this morning he's claiming it was self-defense. president obama was hearing good news possibly this morning. take a listen. >> for the first time in over a decade business leaders around the world have declared that china is no longer the world's number-one place to invest. america is. >> he said that but it's

not true. and our next guest has a reality check. joe biden's standing up for you too, elisabeth. >> it's the least i could do. ♪ ♪ vegebles every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. which 4g lte map

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tax to the max. the united states is the number one place for business according to our president. remember? >> for the first time in over a decade, business leaders around the world have declared that china is no longer the world's number-one place to invest. america is. >> but according to forbes, the president is wrong. the united states finishing 14th place. ireland is actually in first. joining us now is economist peter moreci. peter, how does the president of the united states get that wrong? >> he simply doesn't read

the newspapers or at least his speech writers don't. not just forbes. other evaluations taken by nonpartisan organizations found the united states sinking in the rankings become a less desirable place to be. >> according to forbes, ireland is the best country for business. we're 14th. estonia beats us. peter, what is it about what we're doing wrong where this is not such a good place to invest these days? >> taxes and regulation. we have the highest corporate taxes in the industrialized world, perhaps on the entire planet. and we have the most cumbersome financials regulations. in an effort to rein in j.p. morgan and goldman sachs we've handicapped the likes of general motors or whoever else might want to come here. >> this has been a slide since 2009 according to report? is that correct? is there anything that can be done to get us back on track? is it deregulation? >> we have to steam line

the regulations so they get done what they're supposed to get done without penalizing the innocent whether it is small town banks or big businesses abroad. let's face it, we need a president that understands private property. the chrysler bailout basically took away the property rights of the lenders to chrysler and awarded them to the union. that's the kind of high-handed confiscation that goes on in a place like bolivia when it just had a popular dictator roll into town. >> this is a little dreary that we're in 14th place according to forbes. you were telling one of our producers a while ago we're not in 14th place. we're actually in 80th place? when it comes to financial freedom which is so terribly important to business. you know, you put your money in, you want to make sure you can get your money back out again, we are 80th? why? sarbanes-oxley and think about how eric holder goes

around harassing people. you see him bringing lawsuit after lawsuit in new york but no one who is ever responsible pays. it is just the companies that pay a lot of money. that really kills international investors into thinking maybe america ain't so friendly anymore. >> sure. you know what? a couple of nights ago there was the state of the union address. i can hardly imagine the president of the united states going we're number 80! >> you big foam finger, you need it like that. >> professor morici from the university of maryland, thank you for joining us. >> next up, he can put the american people in danger by releasing our deepest spy secrets but now edward snowden is nominated for a peace prize? what? >> before you pack lunch for today is that apple a day thing really true? the five foods your doctor

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we have got some quick headlines for you. the verdict is in in amanda knox's retrial. it could come down at any moment. knox was acquitted in 2011 of her roommate's murder but the case is being retried in italy. knox is home in seattle not attending the trial. edward snowden could get the nobel prize for peace. two norwegian politicians put eddie's name forward saying even though he may have damaged several

countries' national security the public debate that followed will lead to a better world. the winner will be announced on october 10. keep your fingers crossed. elisabeth, over to you and the doctor. >> can an apple a day keep the doctor away? to get that answer, going straight to the source, the doctor himself, dr. marc siegel from our medical a team is here to share some food doctors eat to stay healthy and you should too. apple a day, does it really help? >> it is an old welsh proverb. it is so true. the skin of the apple has a lot of fiber in it that lowers your glycemic index meaning your risk of diabetes goes down and your digestion is improved. there is a lot of vitamins in this. you get the phi tkpwer from eating the -- fiber from eating the apple. you don't get it from drinking apple juice. the juice is bad for you, the skin is great four. >> apple a day, like that.

the skin is great for you. >> nuts, good or bad? >> nuts are great. tree nuts are heart healthy, lower bad cholesterol and they are unsaturated fats, the good kind of pats. not peanuts but the others. >> almonds, walnuts. avocados, we love them in our house. >> also lower cholesterol, high in fiber. plenty of vitamins and a lot of protein, the most protein of any fruit. >> talk about fat. is it a good kind of fat? >> always has to be an unsaturated fat and that lowers cholesterol. i'm for avocado because of the unsat ratted fat. >> coffee is good for you? >> study after study is showing it reduces cancer

risk and it increases your metabolism in the morning. you don't want to overdo coffee but it is very healthy. a lot of antioxidants. >> blueberries, a cup of them a day will do most? >> it has the least amount of calories of any fruit, 80 calories per cup. has every vitamin in it. really great for you. >> antioxidants? >> decreases cancer risk. it is the number one fruit. >> eating food to keep you healthy? dr. segal thanks for being here. if you want a story to go walk away, stop talking about it. too bad no one told you what wendy davis said. next. no wonder the country is going broke. part-time city workers getting life long pensions. how the heck does that happen? first happy birthday to

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when you sit behind the president, you have to sit perfectly still because any gesture raises eyebrows. anything you do is interpreted politically.

[applause] >> watch what he does here. there's the "duck dynasty" guy. >> that's why i've imposed limits -- >> you've got to love that. >> i love when we can inject some humor into the state of the union which was so long. >> the lowest rated state of the union in 20 years. however fox news has the highest rating in all of tv land. let's talk about the race for governor in texas. wendy davis, the democrat, is angry at the attorney general, the republican. >> yeah. i think a lot of things come into play in this. greg abbott happens to be somebody who was injured and is in a wheelchair. there's been accusations from people on wendy's side that maybe he could be out of the wheelchair and then we saw surveillance video

of some of her supporters mocking the fact that they don't think he's good looking, he's in a wheelchair and they had to change a lot of their slogans. now we understand the rhetoric has been turned up a notch as she is trying to get on the offensive, wendy davis is, by saying it is greg abbott that is questioning her biography and her story. i think it's getting a little worse and i see a tactic here. i think there is one problem with this and i think you'll both agree. if wendy davis is going to attack greg abbott she is attacking the wrong guy because there is a story that analyzed her true background and greg abbott had nothing to do with it. >> this is wendy davis. want to take you to a fund-raiser. i believe it was happening as the president was speaking. take a listen. >> greg abbott can sink as low as he wants but i won't let him drag me down with him and i will not let him drag texans down with him. he can run a campaign that

distorts my past but i'm going to run one with a vision for your future that is shaped by the challenges and the triumphs of my past. you can attack my record. you can challenge my ideas. you can play holier than life with my life story. but i draw the line when it comes to lying about my family. >> and see what she's upset about is it all got started, the dallas morning news, the big paper in the metro plex of texas, wrote an item talking about her personal story because ever since her ten-hour filibuster where she heroically according to mainstream media stood up for abortion rights people are going what a fantastic story she's got. dallas morning news looked into it. she has inflated a lot of it. she accused greg abbott who is running for governor on the republican side of being in cahoots with the dallas morning news but the dallas morning news says she is the only one talking about that stuff.

she is bringing it up and we never talked to the win guy. here is the reporter who wrote the item on wendy davis. >> that is amazing. it seems to have a life of its own. the story was 11 days ago and yet what i saw last night in austin was wendy davis taking the stage and defending herself basically something you would have thought a campaign would have done days ago. moreover, the abbott people are being fairly careful. they have tried to stay out of this. it is the davis campaign that violated all sort of classical political strategies is coming back at this. and it is because the story won't go away. >> one of the other things she said at this tuesday night fund-raiser at the four seasons in texas while the president of the united states was at the state of the union thing, was she said greg abbott has, quote, picked a fight with the wrong texas gal. >> some would say you're just fighting with

yourself. this would otherwise go away if you didn't keep bringing it up. >> i would like to add this. she claims they're going after the fact that she's not a good mother and her kids came out on camera and said what a great mom she is. that is one way to get on the offensive politically is to accuse somebody of not being a good mother and getting the mom to go out and speak. i don't think anyone said she's not a good mother. in fact, she credited her first husband for helping her out through a difficult time and helping her pay for college. it is getting very convoluted. what is the best news for tp-bgs? could we fight about the issues? i think greg abbott is ahead in the polls. >> heather nauert has headlines. >> i just saw the clydesdale horses oupt on the truck outside. they look beautiful and so huge. >> and they were complaining about the weather. they got one talking horse. >> mr. ed, something like

that? >> hello. >> they are superstars. we love them. >> we'll show them to everybody later in the show. we have news on the massive data breach at target stores. hackers stole information from its vendors. that breach affected millions of customers credit and debate card -- and debit card numbers. >> a 35-year-old of brooklyn, new york, telling police one of the knockout suspect women started it. she spilled coffee on him. okay. how are part time workers getting lifetime pensions. there is a group that discovered many of chicago's lifetime pensions are going to former part-time employees. 42 former chicago area

officials including aldermen will collectively receive more than $200,000 in retirement benefits this year alone. taxpayers footing that bill. a lot of people upset about that. a grateful son giving his mom one super surprise. >> we're going to the super bowl, mom! >> okay, here's the back story. 30 years ago vicky harris, a huge seattle seahawks fan, missed the team playoffs because she was pregnant. so this week her 30-year-old son made up for it with two tickets to the big game. boy, you have to love the son. love the boys. they are the best. >> they come back all the time, they say. >> thank you very much, heather. speaking of tickets for the super bowl, there was an item on drudge yesterday. there are still 18,000 seats available for the super bowl in new jersey. >> many people are afraid of the cold. >> you think?

is it going to be cold for the big show. let's go out to maria, and she is cold. >> yeah, that are that's right. very chilly out here. good morning, steve and elisabeth. look at the roman numerals unveiled in times square yesterday for super bowl xlviii. times square has been turned into super bowl boulevard and we are ready for the super bowl. i even have my super bowl hat on. take a look. it's got the logo right there. a lot of fun out here. we're going to have more coming up throughout the show of course from times square super bowl boulevard. let's look at weather conditions across the country. we have a storm system out west producing areas of rain and snow. we have drought conditions in california and nevada and parts of the southwest. we need the rain. across the southeast we did receive a lot of snow out there and it produced all kinds of traffic issues. black ice a major concern

across the carolinas and parts of northern florida. temperature wise warming up a little bit but still cold out there. for super bowl sunday, as you know, there's been a lot of speculation as to what the weather was going to be. there was going to be a big snowstorm on sunday possibly. that was the forecast months ago in advance by the farmer's almanac. the forecast is good, temperatures above average, mid 40's for the high during the day. at night for the kickoff, temperatures in the 30's. not bad. steve and elisabeth. >> optimistic news. thank you so much for that. those tickets might be getting sold right now. coming up, this man is the first american thrown in prison after a drone refused to spy on his land. can this happen to you and is it legal? the judge is on the case. >> we've got a drone following the judge right now. this guy knows a thing or two about what it takes to win a super bowl. it is not brian. we're talking about new york giants superstar justin tuck.

he joins brian life from times square and super bowl boulevard. ♪ ♪ [ male announcer ] at northrop grumman, ♪

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welcome back everyone. we're here at super bowl boulevard with a guy that is very familiar with the super bowl. he's got a couple under his belt. justin tuck is here, notre dame grad. they're using your locker room. how does that feel? >> they earned it. you have to be respectful. they have had a great season and earned the right to represent in the super bowl. unfortunately i'm not sitting in my locker room,

but you know, hopefully they'll enjoy it. >> on saturday we're going to find out, it's going to be a new york story, i believe. michael strayhan is up for the second time to go into the hall of fame. one person who does not think he belongs there is warren sapp. let's listen. >> i look up and i see walter jones, marvin harrison and the resume they bring to the table are better than michael's. i don't get along just to get along. i love facts and your resumes don't stack. >> he says they don't stack up. 16 seasons, 144 sacks, you played with strahan. does he belong in there? >> yes, no question. i thought he should have been first ballot. things strahan has done in

his career are remark ablg. i don't get where sapp is going with this. regardless, strahan is going to be a hall of famer whether warren sapp likes it or not. >> where does the anger come from? >> i don't know. like you said, you know, not only has stray been awesome for the game of football but he's awesome all around and that shows by the success he's had on the field and off. he's going to be a hall of famer, no doubt about it, and hopefully it comes this week. >> let's talk about the quarterbacks. russell wilson, five foot ten inches. compare that to peyton manning. >> different kind of quarterback. the thing he needs to do against russell is keep him in the pocket. peyton manning one of the best ever. you've got to figure out

ways to get him off his reach early. i think secondary, seattle is going to play a huge factor in the game, take away first and second options. with peyton manning, you're not going to sack him a lot. >> you get close and the ball is gone. >> pressure him. >> the hands go up. this is you, here's the met life spot, you singing the national anthem, you're one of the contributors. let's listen. ♪ say can you see ♪ by the dawn's ♪ early light ♪ what so proudly ♪ we hail ♪ as the twilight's ♪ last gleaming ♪ whose broad stripes ♪ and bright stars ♪ through the perilous >> justin, you sound

fantastic. this met life spot came from where? >> there's a lot of great electronics behind my voice. it was great to be a part of this for met life to welcome fans for the met life bowl and guys past and present football players. if you want to see more, you can check it out on met life's facebook page. it is a great opportunity to be a part of it and celebrate in the cold. >> they gave me a met life snow blower. >> and a met life scarf. i know you're kind of cold out here. >> elisabeth puts oult -- out a fire on my coat and justin gives me a scarf. steve, where are you contributing? >> thank, justin. nice and cozy indeed. >> live from super bowl boulevard.

straight ahead, when we come back the first american put behind bars based on evidence from a predator drone. is it legal to have a predator drone looking for you? judge napolitano on the case. >> the budweiser clydesdales gettingfurry friends in this year's super bowl spot. you're going to meet them right here for the first time on tv. >> that's live. ♪ ♪ (announcer) scottrade knows our clients trade and invest their own way. with scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus, my local scottrade office is there to help.

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it's the first case of its kind. a north dakota farmer pictured left there, jailed for stealing his neighbor's cows. so how did cops score the evidence against rodney? they used a predator drone. the feature of the law enforcement in the united states and is it legal? joining us is judge andrew napolitano. the super bowl comes to new york city, he leaves town. good morning to you, judge. >> good morning. i'll be back tonight. thank you. >> all right. so let's talk a little bit about this particular case. this guy, rodney, one of his neighbors said, i'm missing cows. so they launched a drone to find rodney and the cows and they got pictures of that guy with the cows. >> that's exactly what happened. it's funny how an age-old crime, stealing your neighbor's cows, can bring us right into the modern age of technology where technology and the constitution meet. so this guy, rodney, had the cows. the neighbor's cows on a

3600-acre farm. the neighbor couldn't enter the farm and the police couldn't enter the farm. enter the department of homeland security, which loned a drone, like the one we see on the screen now, to the local police. they flew it over the property. they saw rodney. they saw the cows. they got in their police cars and they drove to the part of the property where he was. the property is huge! it's 3600-acres. he's arrested. he's prosecuted. his lawyers say, wait a minute. where is the search warrant? we didn't have one. well, how did you get the drone onto the property? we just flew it there. your honor, we want you to suppress the pictures of rodney and the cows because the police didn't have a search warrant. the judge said they don't need one. there are several cases going the other way. just like with the surface surface spying, one judge says it's constitutional, the other says it's not. can you use a drone without a search warrant? one judge says yes. two judges say no. eventually it will be resolved by the supreme court. >> sure. i know you're squarely against

it. the government has got a great big glass on the wall listening to us all the time anyway with the nsa and whatnot. but would it be legal for -- or would you have a problem, for instance issues if a helicopter were dispatched above and did the same thing? >> well, whenever the government is investigating someone, it needs a reason for doing so. if it's going to fly onto, into, over or look at your property, it's supposed to get a search warrant. look, if that drone peered into his bedroom window, they'd need a search window f. a drone peered into his garage, they'd need a search warrant. the issue is do they need one to look in his backyard when his backyard is 3600-acres in size? all the police had to do was go to a judge and said hey, we have reason to believe the cows are here. give us the search warrant. if they had done that, this wouldn't be a case. but because they didn't take the few hours to do that and did it on their own, we now have this issue. can the police send drones

wherever they want? if they send them into the backyard, you know they can send them into the garage and the kitchen. >> the law isn't clear, they need a clear one, right? >> sooner or later they will. the drone that captured him is the size of a plane. but they make them the size of your pinky, steve. you wouldn't even be ail to see that -- able to see that in your kitchen. >> that's a reason i don't steal cows. thank you very much. judge napolitano. >> thank you for the cow toba. >> interesting stuff. what do you think about that drone spying on you? give us an e-mail. coming up on this thursday, a teen-ager goes sky diving and her parachute didn't open, but she's alive. her family says she fell right into god's arms. her sister with the incredible story coming up. plus, brian and maria are 60 feet high in times square about to race down a toboggan.

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always one step ahead this is the age of taking action. with an intuitive motion activated lid and seat, kohler makes sure you'll never have to ask him again. good morning. it's thursday, january 30. i'm elisabeth hasselbeck. one of america's worst obamacare nightmares just came true. remember this? >> a convicted felon could be a navigator and could acquire sensitive personal information from an individual unbeknownst to them? >> that is possible. >> not only did we hire felons, the government says well, there is nothing wrong with that. >> then, automobiles on highways after a massive winter storm slammed the south. large in size, but only two inches of snow in some cases, like atlanta. so who is to blame for the slow

response? the politicians blaming the weather guy, of course. brian is in the weather right now. >> you are look at the largest toboggan run in new york city right now. in a matter of moments, brian kilmeade playing me and maria molina, playing herself, will go one on one to find out who can get to the bottom faster. all this stands between us and a severe rash is this thin thing. "fox & friends" second hour starts right now. ♪ ♪

>> every year there are different teams in the super bowl, but every year one team of horse is always there, the budweiser clydesdales. they are lined up in front of our building right now, proudly about to turn left up avenue of the americas. they're here because anna kooiman has a great segment about the making of one of the super bowl ads. as they're lined up in front of our building there, 48th avenue, every person who walks by, if they got a camera phone, takes a picture. can you see that guy? >> we are just horsing around here. they're the stars of the super bowl right now. and set to warm everyone's hearts with this ad. can't wait to see anna's piece. >> brian kilmeade is at the top of the toboggan run, 60 feet high. brian, in a matter of moments, you are going to take on maria molina for the championship title here on "fox & friends," the fastest tobogganist. >> i got news for you, yesterday

this opened and there was huge lines. everyone who went down, no one survived. >> stop it. >> i'm hoping to be the only one who survives the run. that's what's at stake right now. that's why mar where is scared. >> i think you'll be okay. >> if that was true, shepard smith would have broke into the show a long time ago. but i will say i'm looking forward to putting it all aside. it's good to know i'm gog do the toboggan run and i have health care. how is that for a transition? >> stay safe. >> go ahead. run with it. >> brian brings up health care. the whole idea behind obamacare was so that the 50 million americans who don't have health care insurance will get it. as it turns out, just a tiny, tiny fraction of those people actually have signed up, unfortunately. what's interesting is -- we were been talking about this for months. just exactly, the so-called obamacare navigators, people who help people sign up if they don't have the benefit of the

computer or anything like that, how do we know those people are trustworthy and reliable and not felons? remember this exchange between kathleen sebelius, who heads up the health and human services, and john cornyn, the senator from texas, asking about, what if these obamacare navigators are criminals? remember this? >> isn't it true that there is no federal requirement for navigators to undergo a federal background check even though they will receive personal, sensitive personal information from the individuals they help sign up for the affordable care act? >> that is true. states could add an additional background check and other features, but it is not part of the federal requirement. >> so a convicted felon could be a navigator and could acquire sensitive personal information from an individual unbeknownst to them? >> that is possible. >> so that seemed disturbing

enough when it was a could be and a possibility. well, jillian from the national review said we're talking at least 43 convicted in california that have access to your personal information, credit history, address, et cetera. and there could be more and it could be worse. take a listen to this. >> all the navigators have access to social security numbers, financial information, your home address. it's basically exactly what an identity thief would need. another disturbing thing that i found out is that in 21 cases, navigators are supposed to self-report past convictions. 21 of them didn't. they ended up having a background check that revealed a conviction and the state of california still approved them. >> it's amazing. 31 states saw this, probably saw the exchange, have enacted some type of background check before they are hire their navigators. the thing that comes up over and

over again is the back drop is personal information, theft, you see what happened at target, you find everyone is concerned about the nsa. at the same time, you have obamacare rolling out and calling up a stranger, asking him questions, you need a credit card number in paying your premiums. now this is exposed, so again obamacare, they're back pedaling. robert gibbs, the former press secretary of barak obama said it's basically inklingable how much damage has been done to this administration because of the rollout. >> because the thing we hold the closest to us information wise is our social security number. you got to give it to the obamacare navigator. people say, these are convicted felons. don't they deserve a chance to get a job? sure. but at the same time, innocent consumers deserve the protection of our private information. when asked out at california about the navigators last year, they said, we really can't give you information about the

navigators because that would violate their privacy. the privacy of in some cases, convicted felons. >> some were asking could this be in place at the federal level. arizona is look that something be in place to do background checks. thanks. >> yep. >> 7 minutes after the top of the hour. in just about 90 seconds, briann right after we start with the news at georgia. >> it is toboggan like down in the south because they've had all that snow in parts of there. we start with a fox news alert. folks in georgia are demanding answers. they are complaining about the state's response to that major winter storm down there that is affecting so many people. but the governor is now blaming -- listen to this -- the weather forecasters, saying they didn't know how bad the storm would be and so apparently the state didn't take it as seriously as they could have.

the national guard is right now taking drivers to their abandoned cars. many of them are blobbing roads and adding to the traffic nightmare there. but there is some good news coming out. temperatures are expected to get above freezing today, making the roads safer. but the schools are still closed. that cruise ship that just docked with nearly 700 sick passengers is headed back to sea tomorrow. royal caribbean crews are frantically sanitizing that entire ship before it heads back out. this includes cleaning more than 1500 rooms, three swimming pools, and also an ice skating rink. should he live or die? eric holder is now preparing to announce whether or not he will seek the death penalty for boston bombing suspect dzhokhar tsarnaev. his decision is expected by tomorrow. that is his courtan ordered deadline. as attorney general, eric holder has approved pursuing the death penalty in at least 34 criminal cases. we'll keep watching that one.

it is an oscar shocker. one man's nomination has been revoked. the composer, bruce botten, was nominated for best original song, but he made a very, very significant mistake. he e-mailed voting members to make them aware of his song and that kind of contact is not allowed. he says he was trying to compete with songs that had major marketing budgets. those are your headlines. >> that's too bad. >> yeah. we don't think of it as a campaign. but it really is a campaign of sorts. >> breaking the rules. >> there are no rules in this super bowl toboggan run on super bowl boulevard. it's kilmeade versus molina. >> first off, this is super bowl boulevard here in new york. this is probably the highlight of it. it's a -- how big is this? >> about 60 feet high. i know they charge admission to go down the slide. part of the proceeds go to charity. >> okay. we need now is a bet on this.

ten dollars goes to elisabeth hasselbeck and that money has to be used toward buying her breakfast bars, energy bars. and pants to wear out here. we're going to go down there. ten dollars is running on this. steve and elisabeth, you want to count us off? >> okay. >> here we go. >> one, two, three, go? >> one, two, three, go! >> and they're off. look! brian leaps to a early lead! who goes down further! >> that is pursuit. maria, time to do the victory dance. >> you want to see a victory dance.

whoa! >> that's the toboggan touchdown >> even richard sherman says that was bad sportsmanship. i apologize. we're going to go down later with a special treat for you that's never been seen before in the history of television. again, we're the first two to survive this toboggan run. so that's good news for everybody else that will line up today. back to you. maria, i want a rematch. >> that is justified excesstive celebration, i think. >> congratulations, maria. brian, you did great as well. we know he was frightened. coming up, he threatened to throw a reporter over the balcony after the reporter asked him rogue questions. but the congressman having a change of heart, his big apology is coming up. and the president promised justice for conservatives targeted by the irs. >> 280 days have passed. no one has been indicted. 280 days have passed and many, if not all of the victims have not even been interviewed. >> well, perhaps the problem is that the person leading the investigation is a big supporter

of the president. we report and you decide. oh! grimm

well, it was a big enough deal as we come back here when remember the irs was targeting conservatives? the president called it -- this is something that should never

happen. eric holder said the same thing. but there has been stone walling since that outrage or faux rage with the irs scandal. and ted cruz said hang on a minute. you guys are upset about it, why hasn't anything been done about it? we had almost a year go by. then the person you hired to investigate was a major donor to the president? what's going on here? why do we have to wait so long for justice? >> listen to this from yesterday. >> is it your position that after the 117,000 employees at the department of justice, the only lawyer available to head this investigation was a major obama donor? >> i don't have any basis to believe that the people who are engaged in this investigation are doing so in a way other than investigations are normally done. that is by looking at the facts, applying the law to those facts, and reaching the appropriate conclusions. i don't have any basis to believe that anything other than that is occurring. >> well, i will say a lot of american citizens have a basis

to believe it, given the 280 days have passed, no one has been indicted. 280 days have passed and many, if not all of the victims, have not even been interviewed. 280 days have passed and apparently the anger and outrage that both the president and you expressed has uttered disappeared. indeed last night in the state of the union address, the president did not so much as mention the words, irs, so that ager and outrage sees very little manifestation in actual action. >> the problem, brian, is for a lot of people -- remember, the irs lois lerner, apologized for this. yeah, we were out of line. and no criminal charges so far. a lot of people feel it's just politics and the department of justice afraid to follow the chain of command to figure out how high the order went to crack down on conservatives. >> which is unbelievable because the attorney general, if this continues, he should recuse

himself, maybe he's too close to the investigation. when you think he didn't take the time to investigate the person who is going to be doing the investigating, to find out they were president obama's supporter, why would they be instinctively aggressive in trying to find out if tea party groups, the antithesis of a barak obama supporter, was targeted and singled out? that's one thing. number two is the lois lerner stands up and takes the fifth and the attorney general, a guy that by instinct is a lawyer isn't concerned about how far this goes up and how deep had is in terms of how ingrained this is in terms of a -- i don't know, a pattern? and the last thing, the guy that replaced lois lerner mysteriously decides, i'm going to resign. i'm going to go into the private sector at one of the most critical times in the history of the irs, in which they're being called on the carpet. he can't even stay in his office enough to quiet things down and straighten things out? there is no family emergency

there. >> daniel werfel whose last day was december 31. >> one other thing, a lot of people have questions, run of the mill questions for the irs. if you're one of the millions of people who called them and just got a busy signal or nobody called you back, you're not alone, according to the national taxpayer advocate. 20 million calls went unanswered. what are they blaming it on? budget cuts. not enough money to train the 87,000 people who work at the irs. so they're not going to help us. >> and if you file for an extension, they're not going to answer questions. the wait time increased significantly. i think it's up to 18 minutes on average. if they actually get to you. >> brian, we're going to get back to you in a minute. but who is screaming behind you? >> this is cheryl casone and ainsley. they are doing a feature for sean hannity. >> do they not know we're on tv? >> they were screaming --

>> it takes you back. >> obviously. >> it's unbelievable these girls are so fired up. >> brian lost his race against maria. but i'm sorry, but cheryl lost her race against me. >> she was asking brian for tips. >> lot of trash talking there. >> more with brian -- back to you. >> are you sick? you need to see a doctor? too bad. you could be waiting a real long time. those shocking statistics are next. then the super bowl is not just about the game. it's also about the commercials and this one already getting a ton of buzz. we're taking you behind the scenes of this year's big bud riser ad. plus those famous clydesdales are live her. anna kooiman goes behind the scenes and jumps up on the beer wagon. >> oh, how fun. ♪

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time for news blue the numbers. first, 18 1/2 days. that is the average wait for a specialty doctor in the united states right now. longest wait? boston. shortest, go to dallas. next, 22 minutes. that's how long democrat senator bob casey kept president obama and air force one waiting at andrews air force for a trip to pennsylvania. senator was checking on the status of, quote, important votes as they sat on the tarmac. finally, 60 years old and stunning. christie brinkley is 60 and

she's gracing the cover of people magazine in a swim suit. super model turns 60 on super bowl sunday. >> wow. >> happy birthday. >> it was a super bowl commercial everybody talked about. the budweiser brotherhood ad showcasing the bond between a rancher and his horse. >> that was last year. this year for the big game, budweiser is taking the cute factor up about 17% and only "fox & friends" got to be there. anna kooiman is live on the plaza with a team of clydesdales. >> absolutely. i gave a hint in the 5:00 o'clock hour, teasing it saying we've got 2,000-pound creatures coming in that wake up with their socks on. haven't bek city in 13 years. they're synonymous with the super bowl. i got a chance to go on set of their new ad, puppy love. take a look. >> here we go! >> once again, the budweiser clydesdales are making tv magic

for the super bowl. >> and action. >> but this year, some friends are joining them. puppy love, the spot plays on the unlikely friendship between a puppy and the clydesdales. >> it's really about a puppy and his fondness of the clydesdales and his struggle to ultimately be with the clydesdales. >> for weeks, 17 budweiser clydesdales have been practicing for show time. the trainer teaches them how it do all kinds of things, like play flag football, jump a 4 1/2 foot fence and talk. robin has been training them for the big game since 1996. but i only have a few seconds to see if this 2,000-pound animal will listen. learning to be aers a horse whisperer. take it up. good boy. can you share? he doesn't like to share. but if you thought training a horse was hard, try eight yellow

lab puppies. each little rascal has a job to do. play tug of war, walk like a clydesdale, even run away by digging under a fence. there is a short window for training because puppies grow fast, like this little girl. they start learning their skills at eight weeks and shoot the commercial now at 11 weeks. on set, there are plenty of distractions. more than 150 production and marketing people are involved. the director meticulously executing each shot. >> i think it's more about being careful not to overplay it. you know what i mean? 'cause it can very easily become sentimental. there is a lot of other good spots. you're always a bit anxious 'cause you want it to stand out and you want people to respond to it. >> $4 million for air time alone for 30 seconds. with a price tag like that, they want to make sure there is a good return on their investment. >> i think it's probably one of the best investments we could possibly make. people are sometimes more

focused on the commercials than the game. >> in the end, it may come down to the opening shot. >> i think you have to get in the first three or four seconds. >> let's face it. how can you go wrong with clydesdales and puppies? i think brewer may be a little jealous. what does it look like when $4 million of ad time all comes together? take a look. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ >> what do you think? i watched this over and over and over again. makes you want to cry! >> i know. really cute. you want to see the end of it? we'll have to watch the super bowl this sunday. >> twist my arm. we will. great job. >> thank you very much. and thank everybody from budweiser for tying up traffic today. well worth it. >> what an exclusive. next up, it's the bullying scandal everyone is talking about. it's between nfl teammates richie incognito and jonathan martin. this morning we got our hands on brand-new text messages between them. they are, to say the least, explosive and we will blow this case wide open, coming up. plus, want a date night but can't get away from the kids? the popular restaurant, one of them, offering a a baby-sitter at the olive garden.

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last night the state of the union address and during his speech, president obama promised to focus on economic growth, education, and health care. or as people tuning in say, oh, crap, it's a rerun. >> some of the numbers the president had simply were not right regarding manufacturing. peter johnson, jr. has got the exclusive. you're going to want to hear it coming up in eight, nine minutes. meanwhile, heather nauert has the latest headlines. >> other political news now. after a threatening to throw a reporter over the railing at the capitol rotunda, an apology from congressman michael grimm. remember this? >> grimm has now apologized. he called the reporter, michael scott, and said he was sorry. and then scotto accepted.

they were planning to have lunch next week to bury the hatchet. grimm was on hannity last night to set the record straight. listen to this. >> you weren't going to throw that guy off the balcony? >> absolutely not. >> you're a new yorker, right? >> i'm like you. >> glad to hear that. >> some lawmakers are now calling for an official sanction of grimm. we'll keep you posted. how are part-time workers now getting lifetime pensions? there is a group that's advocating for government transparency and this group just discovered that dozens of lifetime pensions are now going to former part-time employees. 42 chicago area public officials will collectively receive more than $200,000 in retirement benefits this year alone. taxpayers would foot that bill. i love this story. planning a date night with your spouse? for one night only, olive garden will pick up the tab for baby-sitting. the restaurant teaming up with the children's activity center, called my gym. and on february 7, parents can

drop off their kids at locations around the country for free before they head over to an olive garden. those are your headlines. i love that. isn't that nice? baby-sitters cost a fortune. you get a nice date with your honey. >> a bottomless salad bowl. >> and a baby-sitter. >> what can get better? >> know what? there is an olive garden a block from why brian kilmeade is standing right now in the heart of times square. >> steve, hall of fame for transitions. now a serious story. from locker room trash talk to alleged bullying scandal, let's talk about this. between miami dolphins teammates jonathan martins and richie incognito. martin was suspended by his team and now he's speaking out. listen. >> his comments of a racial nature, aggressive, sexual comments relating to my sister and my mother.

>> that was three blocks down at "good morning america." that's when he was talking. here on 46th street and broadway, a new side to the story. richie incognito is not the only one dishing out. new this morning to this show, text messages between the former teammates showing a different side of jonathan martin. i had a chance to read through a lot of it this morning. it's dozens of pages. here with the exclusive details, the man that acquired them himself, charles gasparino. first off, this story, how did you get ahold of the text messages between these two? >> these text messages have been given to the nfl. the nfl is doing a major investigation on this. the top lawyer, outside, the nfl lawyer is looking at this. richie incognito's have given them these text messages. there are hundreds of them. they're not for the faint of heart. we put them in a fox news.com story that's on the web right now. so the viewer can decide for

yourself. that's how i got it. i went through it. i spent a lot of time researching it, talking to all the parties involved. here is the thing what it shows to me, it shows that far from bullying -- this is my opinion -- these are two guys, young men, who are bantering with each other, saying obnoxious, disgusting things at times, but it goes both ways and it's not a clear cut one side story. >> i read about 40 pages. i agree with you. it looked like two guys making plans to go out almost every night. if they're not, they're on each other for not. here is an example from jonathan martin. my friend, mary jane -- >> that's important for a reason. >> has me glued to the couch. smoked for the first time in five months. >> mary jane is marijuana. what this shows, when it gets to the crux, incognito's lawyers went to the nfl. this has taken a long time, this investigation. supposed to come out after the super bowl. they were basically done with

the interviews after thanksgiving. and what incognito's lawyers are saying is jonathan martin is a troubled guy. he was worried about his job. he obviously, according to his e-mails, looks like he smoked pot. he was also a guy that considered richie a friend and spoke about a lot of different things. he gave as good as he got. we can't say the things that jonathan martin said in those e mails -- >> you're not taking a shot, but jonathan martin can't play right now. he'll be a free agent and most teams won't touch him. >> they both want to resurrect their career. incould go knee know wants to come -- incognito wants to come back. >> an example, i'm going to murder your bleeping family. i'll lock him in a house with a tranquilizer gun. >> you cut off the rest. what he said mcdonald was going to do. who is mcdonald? a player for the miami dolphins. here is where it's going to get really touchy for ted wells and the nfl, when this thing comes out because they've interviewed

these guys. it just shows you how people on both sides engage in very bad language. they were saying mcdonald was going to perform an act on richie incognito. why did he say that? why did jonathan martin say that? and they were given evidence why he said that. >> well, all i can tell you is if you go to anyone in new york city, i don't think anybody wants to read your text messages. i'm sure there is a lot of vulgar things going on back and forth. now it's front and center and martin and incognito, in the case of incognito wants to play sports again and look for an offensive from martin in the story. >> this is inside baseball, michael, his pr guy, there is no tougher -- you don't hire michael unless you're really, really willing to fight and michael -- what i know is incouldcognito is looking for a fight. he wants to get back in the game and he believes his side, he's been smeared and this is his side of the story. >> wow. i'll tell you what, it's

fascinating. congratulations on getting it. >> foxnews.com will have the whole thing. >> now everyone can see it. back to you in the studio. charles, great work. >> thank you. >> thanks. different side of the game there for you. the president's state of the union promise, a brand-new manufacturing job sounds pretty good. right? but turns out we've heard this before. so can the president really deliver? peter johnson, jr. on that up next. then you've heard of the puppy bowl. but how about a turkey bowl? we're leaving it to the birds and a few nfl superstar friends to pick this year's super bowl champs. it involves racing turkeys in front of our building. the day we rescued riley,

was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley. for over 18 years we've helped people take care of the things that matter most. join today at angieslist.com

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eat up. keep heart-healthy. live long. for a healthy heart, eat the 100% natural whole grain goodness opost shredded wheat. doctors recommend it. the president took his minimum wage hike message on the road the day after his state of the union address, urging congress to hop on board. >> while congress decides whether it is going to raise the minimum wage or not, people outside of washington are not waiting for congress and i'm not either. so as a chief executive, i'm going to lead by example. >> and in addition to his wage hike push, he hammered hard on another state of the union theme, the need for more manufacturing jobs. but these aren't new pledges. haven't we heard the same rhetoric before? peter johnson, jr. has a good memory and joins us live. >> good morning. we have a good memory and we've got a great staff here and we looked at the numbers really

hard in terms of what the president was saying. the performance has not met promise in the past. the fellow that heads up the association of manufacturers in this country said this is the third consecutive state of the union in which there has been a lot of talk about manufacturing that's welcome, but the progress, as he said, despite the rosy picture painted by the president, has been painfully slow and in some cases, such as the trade deficit with china, we've seen backsliding. so let's look at a couple of the president's goals and how he's achieved them. with regard to manufacturing jobs, the goal that he set back in september 2012 was to achieve 1 million new manufacturing jobs by 2016. >> that would be great. >> how many jobs created? 89,000 manufacturing jobs. net jobs created. so the president needs to create 25,000 new manufacturing jobs a

month to meet that goal. based upon what we've seen in the last 16 months or so, that does not appear to be happening. >> okay. so he's going to fall a little short. is that all you got? >> no, no. with regard to minimum wage, in 2008 when he was the president-elect and he put it up on his web site, he pledged then to raise the federal minimum wage to 9.50 by the end of 2011. that didn't happen. then last year he urged the minimum wage hike to $9 an hour in the state of the union and now two days ago, he said he'll unilaterally increase minimum wage for federal contract employees, maybe 2 to 300,000 contract employees to 10.10 an hour in an effort to jump start that in terms of the congress and in terms of private employers in this country. so both the manufacturing and on the minimum wage, the promises have not met the performance in

the past. so he's talked about we'll create manufacturing hubs or institutes and there is unclear ideas. we're going to do it in north carolina, in ohio. but he doesn't even promise that he's going to create one job out of putting hundreds of millions of dollars into this consortium of manufacturers and universities and thinkers. >> so you go back a number of years ago when he was running for president, he had soaring rhetoric talking about healing the planet. now he's reduced to fudging the numbers? >> unfortunately the numbers don't meet the performance and so some people, including the association of american manufacturers, are saying yeah, if you're going to do executive orders, do this. designate china currency manipulator. >> there you go. >> cut chinese imports into the united states. it's fine to increase exports, but when china is killing us on the import side, then you're not going to solve the problem. and make sure that we buy

america in federal contracts. he can do that with an executive order. he hasn't done that. those are real executive orders. >> all he would need is that pen. i saw a twitter picture of it. >> good to see you. >> thank you very much. >> from clydesdales to this. you heard of the puppy bowl. what about the turkey bowl? the two turkeys about to go head to head and one of them will predict the winner of the super bowl. >> is that humane? >> of course. on this date back in 1983, toto's "africa" was the number one song on peter johnson, jr.'s walkman. >> i still have it. ♪ ♪ imagining,

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it's game time on the super bowl, days away. there is another competition out there. you might not have heard about it. take a listen. >> awesome! >> turkeys. >> turkeys. >> that's right! turkeys. we're hosting a "fox & friends" turkey race. we have some of our nfl pals out here to help us. joining us are minnesota viking kyle rudolph. take a bow right there. denver bronco john lynch. >> good morning. >> nice and warm out here, huh? >> kyle wasn't complaining. this is nothing for you from a guy from 10,000 lakes. >> we're 30-degrees warmer today. >> i'm from san diego. >> you're not that layered up, i have to say. no stranger to super bowl championships yourself and mvp of the pro bowl last year. we're trusting your instinct when is it comes to picking the turkey that is going to tell us

the winner. can you tell bus this? >> i've got the denver bronco. i'm going against my cousin marshawn here. he's a quiet cousin. he doesn't like talking to the media. >> i'm confident of the seahawk. >> the seahawk -- i kind of get the turkey is a bird, a seahawk is a bird i think kind of birdish. and a bronco should be a horse and you got a turkey. >> that would be unfair. we had the clydesdales out there to maybe represent a bit. so this is for free birds and it's a pairing up right here. we've got modalis and fox seeing who will take it all the way into the end zone for the super bowl. >> you ready? >> let's do this. >> ladies and gentlemen, here it is, it's free bird super bowl. you're only going to see it right here on "fox & friends". and guys, first bird into the end zone is the winner. will it be the seahawks or will it be the broncos?

by the way, it pooped on camera. >> you got to do what you got to do before the game here. >> all right. three, two, one, go! >> they're taking it. oh, my. >> this way! >> we've got seahawks. >> broncos are going the wrong way. not going the distance. slippery surfaces here in the cold out at the plaza. >> broncos are taking it up. >> it looks like the seahawk is almost -- the seahawks are in the end zone! very nice. >> congratulations to those seahawk turkeys. >> way to go. >> here is a funny thing because this -- hi. congratulations. who has been talking about you? the competition, though, that is

just naturally in your blood was going right here 'cause you guys wanted your birds to move, right? >> i didn't know what to do right there. you want to move. >> we tried to get them going. >> adrenaline going. look at the champion right here. a little post-game right here with the turkey. if this is any indication, the seahawks are up for a good one. >> well, if there is any indication, i haven't played in a super bowl. that's the kind of nerves you get at the start of the game. those legs don't work. took a little while to get going. marshawn lynch was pretty special today. >> you guys are good sports. check out freebirdsnow on blu-ray hd on february 4. thank you for joining us live. >> have a great weekend. >> there is a guy from carnegie deli going after the big one. >> i'm calling excessive celebration on the turkey. straight ahead on this thursday, a marine veteran says he took his bank's advice to try to refinance his mortgage, then he got evicted and it's more

common than you think. bob massi joins us live from vegas where it's a little warmer. >> plus, the father of eli and peyton manning, archie manning joining us next [ male announcer ] this is kevin.

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good morning. it's thursday, january 30, 2014. i'm elisabeth hasselbeck. the president promised justice for conservatives targeted by the irs. >> 280 days have passed, no one has been indicted. 280 days have passed and many, if not all of the victims, have not even been interviewed. >> perhaps the problem with that is that the person leading the investigation is a big supporter of the president. we report and you decide. if you want a story to go away, stop talking about it. too bad no one told wendy davis that bit of political wisdom. the brand-new headaches for the woman who wants to be the next governor of texas coming your way.

brian? >> and talk about a story i want to go away, it's the moon that got me in big trouble. >> you're a machine! how do you stop this? >> i'm sorry. >> that's how we stop it, brian. >> he's now 28 years old. and they keep running that clip. "fox & friends" final hour from 48th and 6th and 46th and broadway, this is "fox & friends". ♪ ♪ ♪ ♪

it was a couple of weeks ago that they dropped the dropped in times square and today they're picking up the ball. it has been transformed, times square has been, into super bowl boulevard and as yo that little patch of grass right there is where brian kilmeade has been for the last two days. it is cold down there. >> it is cold. but everybody is fired up. we are especially excited because we have some hoofed creatures here. super bowl favorites, the clydesdales from budweiser. we have an exclusive coming up with that. look at them just clopping around. >> another exclusive, the talking horse today. so brian, we've got kids. we've got turkeys. we just did a turkey race. and coming up shortly, we've got titus, the famous small child who now is growing bigger and bigger despite the fact that you got him in the kisser with a ball a while back. >> right. yes. that was one of the highlights

of the year. i got to tell you, it's always great to see titus even though i won't this time. i think it's better for america. also great news, probably outside eli and payton, the best guest you can get is archie manning. he's in the green room. he'll be joining us. it's a tradition for him to come on and he's three and one in super bowls. let's see how does he if he ends up 3-2 or 4-1. can you imagine being the dad of a 38-year-old coming off a bunch of neck operations looking for another world championship? so he'll be joining us at the bottom of the hour. >> that will be great. >> what a family. let's start what america is talking about today. remember it's been -- we're coming up on a year ago that it was revealed lois lerner revealed, hey, we're really sorry, but we've been targeting conservatives and members of the tea party, pro-life groups, and pro-israel groups as well. and you would think by now, after the attorney general was told by the president, get to the bottom of this, somebody

would be held responsible. as it turns out, the person at the department of justice in charge of the investigation, a woman named barbara bosserman, she's a big political donor to the president of the united states and that is what prompted this exchange between the attorney general and the senator from texas by the name of ted cruz. >> is it your position that of the 117,000 employees at the department of justice, the only lawyer available to head this investigation was a major obama donor? >> i don't have any basis to believe that the people who are engaged in this investigation are doing so in a way other than investigations are normally done. that is by looking at the facts, applying the law to those facts, and reaching the appropriate conclusions. i don't have any basis to believe anything other than that is occurring. >> well, i will say a lot of american citizens have a basis to believe it, given the 280 days have passed, no one has been indicted. 280 days have passed and many, if not all of the victims have

not even been interviewed. 280 days have passed and apparently the anger and outrage that both the president and you expressed has utterly disappeared. indeed, last night in the state of the union address, the president did not so much as mention the words irs. so that anger and outrage sees very little manifestation in actual action. >> perhaps noting that it's faux rage. the president himself called it, quote, intolerable and inexcusable. as did eric holder. >> that was then. >> where is the justice from the justice department, is i believe what ted cruz was saying there? what do you think about that? it took almost a year. now having a person in there who donated not just a little bit, but a great amount of money to the administration, which you could have done it on either side. but many are saying, why wouldn't you remove the appearance of impropriety there? why wouldn't you take out the question of political bias? >> absolutely. >> just think about this, when

the bush administration needed an investigation, they went ahead and told the attorney general to investigate who recused himself and it went to another attorney. it ends up with one of his main guys having to lose his job and lose his lawyer license that. is a administration that wanted to get to the bottom of things. something else, george bush also said hey, everybody cooperate with the investigation. now you have an attorney general who doesn't want to investigate and when you question the motives of the person you put in charge of the investigation, he says, i don't really know anything about his background. what kind of attorney general are you to appoint a lawyer to investigate something that clearly they have a bias against? it defies logic. what he's hoping for to you do, in my humble opinion, is to forget about it. run out the clock. after a while, make it seem like a partisan attack. i would love to see a democrat be as outraged as ted cruz is and as lindsey graham is because this is the irs. soon there will be a republican in the white house. you should not be using your power to investigate your enemies. especially if it's happening

with someone licked measure desouza. if that investigation ends up that the administration is taking aim at people that are taking aim at them, that's a huge problem. >> that is a very scary thing. let's go from the attorney general, eric holder, to the attorney general of texas, greg abbott. he wants to be governor. but so does wendy davis, who is a democrat. about ten, 12 days ago, the democrat morning news had a -- "dallas morning news" had an item that examined her history. it turns out much of her personal story she has made up. she accused abbott of being in cahoots with the "dallas morning news." he says he has not been. what's interesting is this political story would have gone away, but she keeps bringing it up, making it an issue. she was at it again while the president of the united states was in the house of representatives with the state of the union, here was wendy davis at a fund-raiser at the four seasons down in texas.

>> greg abbott can sink as low as he wants, but i won't let him drag me down with him and i will not let him drag texans down with him. he can run a campaign that distorts my past. but i'm going to run one with a vision for your future, that is shaped by the challenges and the triumphs of my past. you can attack my record. you can challenge my ideas. you can play holier than life with my life story, but i draw the line when it comes to lying about my family. >> greg abbott have anything to do with this? no. megyn kelly sat down with him. he said i didn't have anything to do with it. the writer said this story won't go away and here is the reason why. >> that is amazing. it seems to have a life of its own, continuing the story. it was 11 days ago and yet what you saw here last night in

austin was wendy davis taking the stage and defending herself, basically you thought a campaign would have done days and days ask days ago. moreover, the abbott people are being fairly careful. they have tried to stay out of this. it's the davis campaign that violated all sort of classical political strategies, is coming back at this and back at this and it's because the story won't go away. >> brian? >> here is the other thing, sorry about the sirens. i can't control that, believe it or not. but i will say this, wendy davis, who can be a sympathetic figure if it looks like they're attacking their parenting. that's what she was trying to do, whether it was sincere or not, you make the call in texas, you're watching a lot of it. the next thing you know, her kids were on camera talk being what a great mom she is. so that would turn a lot of the attacks around. >> sheriffs saying don't lie about my history, even though turns out much of her history is

not accurate. >> sure. could be an opportunity for a political power play there. >> stand by, brian kilmeade, there in the noisy times square. we'll go over to headlines with the very latest on what's going on in the not so hot atlanta area. >> that's right. it's very cold. people there are saying it's a hot mess. we start with a fox news alert. folks in atlanta not out of the woods just yet. officials are saying that slushy roads there could refreeze and turn into black ice. that could be a major problem. it was the black ice that turned the roads into ice skating rings yesterday and on tuesday. the governor is being blamed for the state's slow response, but he says it's actually the weather guys and gals who are to blame because they botched the forecast. either way, the school districts there aren't taking any chances today. they remain closed. the cruise ship that had 600 passengers is headed back out to sea tomorrow. royal caribbean cruise are

working around the clock to sanitize the entire ship. it includes cleaning more than 1500 rooms, three swimming pools and also an ice skating rink. the verdict in amanda knox' retrial could come down at any moment. she's accused of murdering her roommate in italy back in 2007. the first two trials produced flip flop verdicts, guilty. she spent four years behind bars in an italian prison. even if she is convicted, she can still appeal. she's not there. she's back home. 30 years ago, vicky harris, a huge seattle seahawks fan, had to miss the team's playoff game because she was pregnant. well, now her son, who is 30 years old, is giving his mom one super surprise. three tickets to the big game. >> we're going to the super bowl, mom. >> she couldn't believe the surprise and she just burst into tears. how sweet. those are your headlines.

sometimes it's the sweetest things from your kids make you lose it. >> that's good it never ends, too. that's a story that goes on into age. coming up, a marine veteran says he took his bank's advice to refinance his mortgage and then he got evicted. and it's more common than you would think. bob massi is here with what to look out for next. >> plus, the day of eli and peyton manning, archie will join brian live in times square. ♪ ♪

for a body in motion.

15 minutes past the hour. a marine corps veteran locked in a two-year foreclosure fight after he says the bank gave him bath bad advice. jerry hiller wanted a lower interest rate, so he said the bank encouraged him to skip payments in order to qualify for a reduced rate. that decision has now cost him the roof over his head and his family's life has been shattered because of it due to the financial stress. >> i lost my wife, our kids. and my life is a wreck. it's over. they have destroyed my life over this con game that they played and they played it smart 'cause i only owe six years of my 20-year mortgage. >> so can anything be done to turn this terrible situation around? fox news legal analyst bob massi is on the case. good morning, bob. this sounds terrible. how much more can a person lose? how did this happen?

>> elisabeth, over the years with the e-mails i've gotten, you see something like this, which is a reason why i thank "fox & friends" for allowing me to tell this story. it is so much of what so many people in america have gone through, where they have been told by lenders when they wanted to modify their loan, skip the payment, send us your information. we'll try to modify your loan to keep you in your home. this man sent his information three separate times. they lost the information three separate times. then whenever it got -- and they sold their paper to another servicer. this was chase originally. then when it gets to that point, they say sorry. and they foreclose on this man's house. he's a great american. he's disabled. he has an autistic child. unfortunately his wife left him. chase tries to come up with a position that his name is on the loan. "fox & friends" did research on this, provided it to to me and we looked. his name is on that loan from the beginning. this man now, ironically, if you want to hear the arrogance of

this, elisabeth, after he's been foreclosed on, he gets contacted by them saying, would you like to rent the house back for $5,500 a month, when his original payment was $1,800 a month for a mortgage. that's the arrogance of some of these lenders in america. >> this is a man who, with his heart, body and soul, served our nation. with his hands, built this home. now has nothing. is there any chance he can regain here? what's next? >> the problem is that if they did everything legal, if they did -- here is the only thing they can do. there is a thing in some states called dowel tracking -- dual tracking. i don't think it's in his state. it means if you're in a modification or short sale, the lender cannot foreclose. that obviously is not the case here. the only thing he can possibly do here is see if there is something legally about foreclosure. it's expensive to pursue that. so he's trapped now.

here is the thing, he only had six years left on his mortgage! you know what, elisabeth? one of the things that so many americans will tell you, you're sending this personal information to strangers. your tax returns, w-2 forms, your business, your profit and loss statements, all your financial information and it gets lost. where does it go? this is personal proprietary information that they lose and then they make a fool out of you by saying, miss your payments. ruin your credit. send us your information. we lose it. and by the way, we're now taking your home. there is no heart. there is no soul. there is no concern. they put no blood in the home of these americans because all they care about is taking it back and then say oh, by the way, now that we took your home and screwed you, how about paying us rent of $5,500 a month? it is a scenario that all too often happened in america in the last five or six years. it's unbelievable, but it's happened to so many americans.

it breaks your heart. >> that's what'shocking is that this is not uncommon. bob, we have spoken with chase bank several times and while they confirm many details from his account, they have yet to provide an actual response. >> they won't. listen, these people, all i can tell you is this, the fact that so many people, they keep talking about how good the housing market is ine is peoplel going through it every single day. >> a horror story. thank you for bringing this to our attention. >> thank you. coming up, no wonder the country is going broke. part-time city workers now getting life long pensions. how the heck does that happen? then, can you imagine serving in the military with your siblings? it's the plot of the new fox show "enlisted" and the star of it is here live. ♪ ♪ oh!

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>> imagine this, three brothers enter the service together and wind up serving together on a florida military base. >> that's the subject of the new fox comedy "enlisted". >> calling for a hero? >> you got to give me that one. >> no, we don't. >> i'll allow it. >> whoa, whoa. i'm quarterback. >> about that, you're fired. >> what? >> be cool about it. >> but -- >> be cool. sergeant hill was on the cover of parade magazine. it's a pretty big thing. >> we are joined now by one of the stars of "enlisted", jeff symptoms. good morning. >> good morning. >> it's fun. tell us about it.

>> you did a great job just now. brothers, military base. workplace comedy happened to be set on a military base. a new take on a family comedy. i play a real kind of fast track career soldier. i get in trouble. i get demoted and my punishment is i get put in charge of the worst soldiers the army has. my two brothers are in the unit i get put in charge of. >> you are in the rear detachment. >> the rear d. >> the rear d. >> that's right. >> because you screwed up. >> yeah. yeah. that's not saying everything in the rear d is a screwup, but i am. and most people in my unit are -- they need work. >> what do the guys and gals do to serve our nation in the rear d? >> they are the people that are behind the lines. they keep everything together. they're washing tanks.

they're mowing lawns, taking care of families of deployed soldiers. it's very important job, actually. >> sure. somebody has to do it. >> working with your brother is no stranger to you. that's something quite familiar. >> that's right. i've been doing the brother gig for a long time. real brother on "7th heaven" and now fake brothers on this show. i'm not sure which is which. they blur together. my two fake brothers are around -- there is my real brother. wow. i used to have thick hair. >> you guys were on "7th heaven" together. >> yeah. back in the day. >> what's the reaction from real military people who watch the show and say, that's really funny, but you got this wrong. you got this right? >> we started out -- when we shot the pilot, we did get a lot of things wrong. that was our fault. but we fixed those things. we got squared away a little bit. they sent us to boot camp in fort bliss. >> real boot camp? >> it wasn't eight weeks or nine weeks. but we did four days of active boot camp where -- they weren't really light on us. there was a lot of the yelling,

midnight bed checks when they were screaming at you. i got yelled at for having contraband. they found a snicker's package of the they're like, where did you get that? on the plane. all of us got trouble in the middle of the night because nobody flushed our toilet. california is a green state. >> all of that studying paid off. >> it did. it's very important to try to get those things right. we're portraying army guys and gals. the least we can do is get those things right. >> the show is hilarious. friday nights on fox, "enlisted." >> thanks for coming by. have a great weekend. >> there is a super bowl going on. you should try to get invited to some parties. >> i'm going to see if i can get on that. do you know anybody? >> talk to ted op our crew. -- on our crew. he's hammered.

>> no. >> look who's talking! >> who isn't? >> it's party week. straight ahead, coming up, remember this? >> so a convicted felon could be a navigator and could acquire sensitive, personal information from an individual unbeknownst to them? >> that is possible. >> well, not only did we hire felons, the government says there is nothing wrong with that. we're going to tell you why. >> plus, archie manning will join brian live in times square. >> look out, ted is look for you. ♪ ♪

♪ ♪ all week long we're gearing up in the frozen cold for the super bowl. who better to do that with than brian kilmeade who is outside live at times square, what you're seeing now is that super bowl row. and at the boulevard, he'll be with archie manning of the manning dynasty set to see payton, perhaps, get a second super bowl ring.

>> that's why we're playing "i.c.e. baby," 'cause it's cold out there. when we were out there, popsicle toes would have been an appropriate song. >> we had woosification going on. >> not complaining. meanwhile, we've got headlines. >> you never complain. good morning to you. coming out of washington, you remember this, when health and human services secretary kathleen sebelius said this about convicted felons being obamacare navigators? >> so a convicted felon could be a navigator and could acquire sensitive personal information from an individual, unbeknownst to them? >> that is possible. >> well, in california, this is a fact. there is a shocking new report that reveals at least 43 felons are currently working as obamacare navigators. background checks aren't required under the federal law, but california does make navigators submit to them. despite this, california has

still hired repeat offenders. listen. >> seven of the navigators who have been approved actually have repeat convictions. so with the forgery. he had committed forgey, burglary, and convicted of forgery again. that's a financial crime in many states with financial crimes where there is a conviction, they're totally disqualified from being a navigator. but not in california. >> that's in the national review. 31 states do not require those background checks when screening. how are part-time workers getting lifetime pensions? there is a group advocating for government transparency. the group just discovered that dozens of lifetime pensions are now going to former part-time public employees. 42 chicago area officials will collectively get more than $200,000 in retirement benefits this year alone. taxpayers there are footing the bill. then incredible new video

shows the heart -- really makes your heart race. it shows the moment an experienced sky diver is knocked unconscious during a jump. seconds after he leaps out of a plane in england, james lee is hit on the back of the head by another sky diver. he then blacks out. he falls 120 miles per hour. his friends noticing that something went wrong, and they were able to turn his body into the right position and pull his chute. lee was able to regain consciousness with no memory of that jump. that's probably a good thing. holy cow. you know who i saw walk in? our little friend titus. brian kilmeade's friend. we're keeping brian far away from him. >> we have him all the way in times square. >> thank you very much. not only is brian in times square, but maria, who won the toboggan run earlier is there now and joins us with the weather from high above the fox sports studio. >> that's right. we are right here on the roof

top and right across from me down there you can see where we were earlier. so that's where brian is and we had the whole crew. behind that is a toboggan run and other exhibits as well. 13 blocks of super bowl boulevard here in times square. we want to show you the weather conditions across the country because out west, we actually have a storm system that is finally bringing in some moisture across areas that really need it, like california, parts of nevada, and also across the southwest. in the southeast, we're talking black ice concerns in places like the carolinas and into florida. be safe on the roadways early this morning. temperature wise across the country, in the southeast, still chilly. below average. that's the case in the northeast. over the next several days, it will be warming up and for super bowl sunday here in new jersey, we're expecting temperatures to be very mild, in the 40s. by kickoff, the temperature of 36 or so. let's head back inside.

>> thank you very much, maria. he's a patriarch of the pro football's first family and his son, payton, i believe he's the starting quarterback now for the denver broncos. he's going to be playing in his third super bowl against the seattle seahawks. it will be the highest quality couple of teams that we've had in generations. former nfl star himself, archie manning here, dad of eli and payton and cooper. we love you when you join and when your sons playing, it adds another layer to it. first off, did you think when you were looking and going over the x-rays or hearing about the x-rays and the surgeries with payton that you would ever be talking about a super bowl again? >> well, probably not. you just didn't know. at his age and been through four neck surgeries and we weren't, as parents, we weren't concerned about super bowls. we were concerned about payton's health. he wanted to play again. but he kind of gave us some comfort. he came and sat down with olivia and me and said look, i'm going to try to play, but i'm gog do

what the doctors tell me to do. if they say i can't or if it's over, then it's been a good trip and we'll move on. that gave us some comfort. he worked real hard to get back and the doctors cleared him to play. of course, then he went through the major transition of leaving his team and having to start with a new team. we all feel blessed. >> there is no bitterness there. >> no. he understood. it was a unique situation there in indianapolis and he didn't really want to leave, but he understood. it's just hard at his age to go pick a new team and start over with all this new stuff. so we're proud the way he says at the end of this season, he's going to go to his doctors again, do the mri and says if the mri doesn't look good, he's not going to push it. whatever the doctor says. is that for the camera? >> that's the way he is. he's 37 and i think that's a good way to approach it year to year. he talked to me about it just a little bit, but he's really had

a problem with ankle injuries. i think he's coming around now. but if he stays healthy, he'll probably play again if the doctors say it's okay. >> between -- the mannings are 3-1 in the super bowl. in all those moments and all those times, can you tell me the one play, the one moment that stands out, like this is the magical super bowl moment? >> well, when payton and the colts won the first one, they had been in a the lo of playoffs and people were saying they can't win. and then it was bad conditions that day. it was raining so hard in miami. to win the super bowl as parents, your child is out there winning one, it's special. but then when the giants upset the -- that was -- >> that was an undefeated patriots team. >> that was a great patriots team. i like the patriots. and the fact that -- they accomplished so much and they're still a great team.

i don't know. it was just the giants day. they went out and played good and that's football. then for the giants to win a second one against them again. so it's always exciting and this is the ultimate for the players. it's what they want to accomplish, where they want to be. so as parents, it really is a lot of fun. i tell my kids enjoy the journey. but i tell olivia that, too. let's enjoy the journey, too. >> one thing we see is that payton, more than eli, i think loves the camera, off camera. like when he's on snl, when he's doing the commercials, he's doing the papa john commercial, but there is a surprise? >> he likes being associated with papa john because he has a franchise in denver. but they've got -- it's the 30th anniversary of papa john's. so they did the commercial. they've got a brand-new commercial starting today that joe montana is in with them. we talk about super bowl, you talk about 30 years when papa john started, joe was winning his second super bowl. so it's a real cute commercial.

>> finally, we saw the book of manning this year. we got a chance to see, because you never stopped taping as a dad. you had the film camera and what it was like growing up. we got to hear about cooper. the older brother who is heading to college on a full ride to ole miss and all of a sudden, he gets the diagnosis, he's got narrowing of the spine. one bad hit, he would have been paralyzed. payton wears his number to this day. >> yeah. cooper is a good player and a fun guy. that was something our family had to deal with. he handled it so well. it really affected payton at the time 'cause they were playing together. then in the book of manning, cooper kind of broke down a little bit, which is unlike him. but i think that affected a lot of people. there has been a lot of people around the country and had t had to end for them. >> you're still a tight family. good to have you here. best of luck sunday. i know you'ller nervous. coming up, a fox business alert. brand-new jobless numbers have just been shared with us. what we're going to do is share

them with you. nicole petallides joins us with details. plus, it's the move that got me in a lot of trouble. titus joins us to show off his new trick. sorry, archie. you would have never done that. ♪ ♪ mine was earned in korea in 1953.

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a fox business alert. the labor department just releasing brand-new jobless numbers. nicole petallides has them from the floor of the new york stock exchange and the number is? >> good morning. the number is 348,000 claims, first-time unemployment claims. that was higher than what the analysts had been expecting. economists had been expecting 330,000. so it is slightly higher. not good news. the highest level in more than a

month. the four-week average also rose slightly. however, for the most part, the fed, we know they still think it's been going in the right direction because we saw the federal open market committee taper that bond buying stimulus yesterday once again that, they're going to reduce it by 10 billion a month. meanwhile, let's talk about this, a lot of people have been worried about whether or not they got their information stolen when they used a credit card at target. now we know a little bit more about where this malicious software stuff might have come from. >> right. it turns out -- this is scary, scary stuff. because this is your personal information, your credit card, your address, your e-mail, and the likes. millions of americans across the country that had credit card information taken. it turns out it was stolen from a vendor that may have breached the discounter's systems by doing that. so you do see that 70 million customers' names, and personal information may be obviously at

stake. they've been sending out notes and the like. by the way, i enjoyed the toboggan race between brian and maria. i want you also to know that it is super bowl day. get over here. look. try it out. everybody is showing their team spirit. this is your look alike, by the way. whoa! so everybody is wearing their team spirit. we're going to have nfl owners of the broncos, the seahawks, nfl leaders are all going to be here today and maybe you will get lucky to see players. >> the guy standing next to you has a horse head on his head. >> doesn't he look good? go, broncos. >> he's kind of scared us! >> this is where i work. it's a little insane. we do get the news out and make sure to follow these markets closely. facebook will be at a new high today. >> something to look forward to. nicole petallides at the new york stock exchange. up next, trick shot titus is

back and showing off his new tricks. will he be able to get by brian without a mishap? first, martha mccallum remembers that. >> i do. brave child to show up again for that. thank you. here is what's coming up. how does a few inches of snow paralyze a major american city? we're going to talk about that. and eric holder gets a grilling. senator mike lee is here to talk about his exchange with the attorney general. and bret baier on some surprising new polls this morning on the next presidential election. and arrested again is the u.s. about to kick justin bieber out? i know you're hanging on every word on that. we'll see you at the top of the hour

videos of our pal, titus, the great shooter, went viral and now he's an international phenomenon. of course, brian remembers him from this day when he hit poor titus in the kisser. >> today titus is three years old. >> him and his dad, joe, are here. happy birthday. >> thank you. >> did you just have a birthday? how old are you now? can you show us? three. >> you're three. i thought you were ten. >> what brings you to new york today? >> last night we did a late night comedy show. they flew us out. while we're here, we gave you

guys a call and the folks at madison square garden wanted us to come during the game. >> really? >> yeah. >> you're going to shoot at the half time? >> listen, you got to get yourself an agent. you don't have to do these gigs anymore. you're three. you got to make your own decision. >> brian, he's three. >> he's thinking about it. >> we talked to their ncaa compliance office for, like, are we making him ineligible to compete in college athletics? they said no. >> people want to see him do some shooting. >> you want to do some shooting? >> yeah. >> he graduated to the big boys. >> must be the big birthday this past weekend. >> almost. a little more arc in there. >> come on, titus! >> still working on it. >> they're not fully inflated. >> all right, titus!

there you go. this is it! >> fantastic. >> that's how it's done. >> this is three feet higher than normal. >> he's watching the game, too? does he watch the knicks and nets and lakers? >> last need we had two hotel rooms here and in one hotel room they found a cartoon which is all the kids' favorite. we were watching heat thunder. as soon as mom came in and said it's on in the other room, the other kids went and we stayed and watched this. >> can he take a bounce pass yet? >> he can. >> he just can't -- >> can he take bounce pass from brian is the question? >> can i actually -- >> brian is going to give you a nice pass. titus, are you ready to catch? can you get your hands out ready? can you get your hands out

ready? >> bounce it on the floor. >> yea! >> all is well. >> don't worry, titus. >> you can't hit every one. >> how fun, birthday guy. you'll be a star tonight, every day. more "fox & friends" minutes away. ♪ ♪

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♪ ♪ this is thrilling because it's super bowl week. we've got budweiser clydesdales. anna went to see the shooting of

the new commercial. >> it was awesome. it's called puppy love. it's the unlikely friendship between puppies and clydesdales. >> we have a clip exclusive. take a look. ♪ ♪ ♪ ♪ >> that looks great. our first preview of one of the super bowl commercials. get you right there! >> i know. brings a frozen tear to my eye. >> do you think you're going to get one? you think they might give you one? >> one of the puppies? >> yeah. >> i do have an 85-pound yellow lab at home in my studio apartment. but they're adorable. >> thank you very much for going out and doing that. join us tomorrow. brian will be back over at super

bowl boulevard with the very latest. you going to take on her again? >> right. the wounded warrior football game was amazing. remooch on the toboggan with the girl. >> see you tomorrow. >> have fun. bye. a home went up in flames today. no word on what caused the fire. also the morning after in the southeast. cities in the south trying to get moving yet again after 3 inches of snow and a little bit of ice caused a lot of chaos. hard hit atlanta, a graced yard of cars as far as the eye can see. crews facing