streets of new york city to yo hotel whenever you are waking up. i am heather childers. >> i am ainsley earhardt. thank you for starting your early morning with us. we have shocking information on a coverup. susan rice was pressed and pushed to blame the terror attack on a video. >> elizabeth prann is live for us in washington. is this the smoking gun investigators have been looking for? >> that's what some lawmakers are saying. an e-mail sent three-days after the benghazi attack connects the white house and suggests a key advisor to president obama played a role with the talking points rehearseed by susan rice. ben roads an assistant to the president and deputy national security advisor to communications rights in part the goelt to under score these protests are rooted in an internet video and not a broader failure or policy as you

remember ambassador susan rice blamed an anti muslim internet video for the deaths of four americans. now judicial watch is a group which gathered the documents as part of a federal lawsuit. lawmakers from the house and senate are outraged. if this is not a smoking gun proving beyond any doubt that the story told by the administration about benghazi waudz politically motivated and fabricated nothing will ever prove that. >> we always said where did the video reference come from? now we know it came from the white house. as we suspected from the beginning look at the talking points, number one, the talking points that were issued never mentioned a video. >> the e-mail was not part of the 100 pages of e-mails released by the administration last may. one national security council spokesperson down laid the communication saying it reflect the what the administration was saying at the time. ainsley, back to you.

>> an extreme weather alert to tell you about mother nature adding insult in injury from the midwest to the south with consecutive days of deadly tornadoes. a new fleet of flooding from alabama to up state new york. maria molina has been tracking the storms for us since they began. how bad are the conditions? >> well, here we have some significant damage that we have seen this morning. we are here in athens, alabama where the national weather service confirmed an ef 3 tornado ripped through the area with winds up to 140 miles per hour. behind me used to be a home missing ago roof no walls and the interior of the home is almost unrecognizable. down the road we know a mother and her son were killed with the storm system as it moved through. we have also seen trucks split mobile homes mangled and trees knocked down.

making matters worse heavy rain bringing floods to athens alabama there was a flood that arrived a short time ago. many other states facing a flood threat. 18 advisories stretching across alabama, the florida panhandle as far north as southern parts of new england and parts of up state new york. 5 to 11 inches of rain fell causing significant flooding in pensacola. cars were submerged and one person was killed there. all of this flooding with another round of tornadoes. 8 tornadoes in north carolina alone. that brings the count to 135 and the death toll to 35. more severe weather is expected today including states across the southeast and further north

as well. let's head to you in new york. >> our thoughts are with those families. sthooivengs. maria mol lane gnaw live for us this morning. >> the minnesota man who gunned down two incruders got life behind bars without parole. took them three hours to find byron smith guilty of premedicated murder. he shot the unarmed teen a total of nine times after they broke into his ohm on thanksgiving day in 2012. his client was fearful because of previous burglaries. they argued smith appeared to take pleasure as evidenced in chilling awudio clibps of the shooting. >> they describe a chaotic moments a gunman burst into a building and opened fire. >> the gunman shot him in the

bel belly>> police identify him as 19-year-old cramer. he walked in looking like rambo armed with a knife, molotov cocktails and bullets strapped to his chest. he wounded three critically before turning the gun on himself. they have an idea of the motive but aren't ready to make a public. the connecticut 16-year-old accused of stabbing a student to death. according to police he said quote i did it just arrest me when approached by the officers. there is speculation he was upset because sanchez wouldn't go to the prom with him. he faces 60 years in prison if convicted. banned for life the nba making a huge statement by cracking down on clippers owner donald sterling for his racist

remarks. what is nigext for sterling? how the nba will move on from here. >> not only a strong reaction but a swift prediction. >> adam silver makes it clear the league is far bigger than any one owner. >> effective immediately i am banning mr. sterling for life from any association with the clippers organization or the nba. mr. sterling may not attend any nba games or practices. he may not be present at any clippers facility, and he may not participate in any business or player personnel decisions involving the team. >> with that adam silver also imposed a $2.5 million fine on donald sterling.

plus he is urging the nba board of governors to force sterling to tesell the team. will sterling agree to sell? he told fox news jim gray he would not sell and that could lead to a long legal battle which nba owners and civil rights leaders did not want. >> in this country people are allowed to be morons and to be stupid and allowed to think stupid thoughts. within an organization of the nba we try to do what's in the best interest of the league. >> i hope mr. sterling will have the grace to apologize to resign and put the team on the market. >> he thought the beam for $12 million. today it is worth an estimated 600 to $1 billion. despite his disparaging comments he can walk away from this with

a very huge payday. >> magic johnson talking about buying it now. >> he is saying so far he is not interested in buying it. >> thank you so much. you mentioned jim gray it is time to look at who is talking. sports analyst is talking about the nba banning donald sterling for life. he says things are are going to get really ugly before sterling is forced to sell the la clippers. >> a three quarter vote by the board of governors by the teams in the nba. if he doesn't comply they can make his players free agents. they can put him as the pore rye awe he is and it will be impossible for him to operate. they don't have to play preseason games. no one will play him. it will be gift todifficult for. sterling says he is not selling the team and he won't be forced

to sell the team. >> nearly a week after disturbing reports of a secret waiting list at va hospital in phoenix senior staff members say they still have not found the list and they say no one has given them the names of the 40 patients said to have died while waiting for care. now they are calling for the head of phoenix va hospital to step down. >> the controversial keystone pipeline pushing for a quick vote that will bypass the eastbound oh administration and begin con uks senator. the project has been delayed by the president and i am poseed by environmentalists. it still may fall short of two-thirds needed to bypass the president. supporters hope the project will preside jobs and give a safer method of transporting jowl.

the eighted airmen were shot down and captured during the war but were denied pow status but were with switzerland the country that was neutral during the war. >> people in florida now officially $207 million richer. smiling ear to ear while claiming their half of the $414 million mega millions jackpot. the third largest in history. they plan to go to as many note game football games as they can. >> this terrorist backing out of an al qaeda attack, not because he had a change of heart but because he wimped out. >> remember the slaflack this

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>> in the dark now on the streets of new york city. the sun is about to come up wherever you are living. we hope you are having a great day. welcome back to fox news. an execution gone wrong. he died of a heart attack when his execution by lethal

injection failed. it was halted 20 minutes after the first drug was administered because prison officials say the vain vefailure prevented the drs from entering the body. he died 40 minutes later. >> a second man now charged in the murder and disappearance of a tennessee nursing student. 39-year-old john wayne autry is charged with kidnapping and murder in the disappearance of holly volgo from her home. she was reportedly a long time friend of zachary adams arrested last month on the same kidnapping charges. her body has never been found. the appeals court says they convicted and former boyfriend of murdering partly because there was evidence showing more than one person killed the student.

she was convicted 5 years ago but it was turned over on appeal before the appeals court reaffirmed the conviction in january. >> an al qaeda terrorist says he went out of an attack because he was scared. he says the reason didn't go through with the shoe bombing plot on board the flight since 2001 is since he was afraid. he previously testified his parents persuaded him to quit. >> this assault rifle may be on the top of redskins fans wish list but the nfl says no way. the national football league is investigating this thophoto tak with an assault rifle at the capital gun show. it does not have a stance it does take issue with team logos on firearms.

>> charlie wrangle in hot water over reelection campaign issues. they accepted $6,700 over legal limits. it will ship to other funds to comply with the law. >> after one of the largest data breeches target is planning to issue a more secure version of credit cards. >> target is putting a bulls eye on hackers. the retarryl teaming up with master card for indoor branded debit and credit cards. it will have micro chips instead of traditional magnetic trips considered to be secure. all of this after the massive data breech at target over the holiday shopping season. wal-mart is diving into the insurance market the world's largest retailer for food and other items now teaming up with auto insurance.com to let

shoppers find and buy car insurance. it will go nationwide. >> the mexican food chain raising beef burrito prices from 4 percent to 6 percent from $0.32 to $0.48. it would make an $8 burrito up to 8.48 cents. it is the first national price hike in flee years but they are facing higher costs and we are paying higher prices, too. >> still affordable. >> coming up how safe is your seafood. in fish caught of oh the west coast. the adorable reaction system very big news. >> you are having a baby in your

tummy right now. >> there's a baby in her tummy. (laughter) >> the viral video is coming up next.

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introducing the xfinity my account app. >> they came here illegally now they can pay in state tuition rates. they came here as children and they are now eligible for instate tuition for colleges and universities. these student qualify under the dream act under the obama administration. score one for cheerleading.

according to the new york state board of regents it will be recognized as a sport. the board voted in favor of the measure in part to ensure coaches are properly trained and safety guidelines are followed. cheerleaders have one more thing to be enthusiastic about. >> college grads are apparently hitting the bottle more than high school dropouts. college graduates are 82 percent more likely to be regular drinkers than those who didn't finish high school. the study finds it increases with higher education. exercising while pregnant it has been met with criticism. but a new study shows prenatal exercise can actually help protect the unborn child from health problems like diabetes. they found that exercising during pregnancy can prevent

genetic attacks of weight gain as a child. >> the nomination for broadway's top awards has snubbed pretty big as fares. before they were announced on tuesday raisin in sun and daniel radcliffe were passed over by the tony nominations committee. other high profile clubs michelle williams rachel weisz and toni collette. >> it was a social star wars fans. episode 7 has its cast and there are plenty of familiar faces. >> they are back with hans solo along with luke skywalker and kerry fisher as princess lia. oscar isaac known for his role in inside dwelling davis and adam driver from the hbo comedy girls. the driver will be playing a villain not unlike everyone's

favorite darth vader. here's the group together for a script reading. it hits december 16th. >> princess leia she was my favorite as a child. time now for videos going viral. >> these elementary schoolers in texas doing a synchronized swimming machine routine. >> one woman going above and beyond to help her workers in need. they got stuck in an elevator with an elderly woman. she couldn't stand up for too long so one worker got down and became her human chair. >> a big reaction to big news. >> you are having a baby in your tummy right now? >> she has a baby in her tummy. >> i can't thank you enough. >> little katelyn and ethan they couldn't be more excited to find out they are getting a new baby

brother or a baby sister. >> the time is 25 after the top of the hour. coming up bombshell new evidence on the benghazi attack that left four americans dead. e-mails detailing those talking points they came from the white house. will the mainstream media pay attention? >> comedian lewis is a funny guy. he is not laughing about common core. it makes his kids cry. why he says he's had enough. ok who wants sweet rolls? i do! sfx: whoooosh! smack! sfx: whoooosh! smack! sfx: whoooosh! smack! sfx: whoooosh! smack! sfx: whoooosh! smack! sfx: whoooosh! smack! sfx: whoooosh! smack! thanks carol! sfx: electric hedge trimmer. people go pupule for the sweet, fluffy deliciouslness of king's hawaiian.

>> it is wednesday april 30th. americans may finally have answers on the attack in benghazi. >> we always said where did the video reference come from? we now know it came from the white house. >> the new evidence linking the benghazi scandal directly to the white house. >> storms hit the southeast killing dozens of people. they are placing for a new threat. dangerous flooding wreaking havoc on 18 states. maria molina is live on the ground tracking the weather. >> talk about a grinch. ♪ you're a mean one mr. grinch >> a library banning a popular

doctor sues book because it encourages violence? are the pc police taking it too far? we report you decide. "fox & friends first" continues right now. ♪ >> a live look at times square this morning. we brought our umbrellas to work as you can see. i hope it is stunning where you are this morning. >> i am heather childers. it is half past the top of the hour. we begin with shocking evidence

we may know more because of the security advisor for strategic at the white house. he sent e-mails trying to prep susan rice for the appearances. it was released for the lawsuit from the group judicial wash. the goal he says is to under score they are rooted in an internet video not a broader failure or policy. this administration critics say is a smoking gun. >> if this is not a smoking gun

proving beyond any doubt the story told by the administration about benghazi was politically motivated and fabricated nothing will ever prove that. >> we always said where did the video reference come from? now we know it came from the white house. what we suspected from the beginning look at the talking points number one. the talking points that were issued never mentioned a video. >> there is a potential cover up why are we covering this because of a lawsuit. this is not included in a document dump from the white house to give congress some idea thinking about this now it is out there as the congressional investigations continue. >> doug luzader joining us with the latest. we will follow it. >> krauthammer is sounding off on benghazi. despite all of the evidence may be too complicated for the

mainstream media to pick up on. >> we now have the smoking document which is the white video because we don't want to blame it on the failure of our policies which is what anybody who looks at this assumes all of the way through. before an election obama is saying al qaeda is alive al qaeda is dead. he is running a foreign policy issue on which the whole campaign is based is one that says he killed bin laden, al qaeda is on the run. this undermines a whole narrative. they have to invent the video. >> i think this is extremely important. without it it will be a struggle. i think the republicans have something that ought to be looked at. i don't know if there will be any interest in the mainstream

media. >> extreme weather taking a devastating toll deadly tornadoes and storms again. flooding from alabama to up state new york. maria is tracking the wild weather for us. >> good morning heather and ainsley. i am in athens alabama how extensive the damage is this year. it used to be a home with no roof no walls. they have confirmed a ef 3 tornado hit the area with winds of 140 miles an hour. down the road from where we are a mother and her son were killed by this system. we have had heavy rain across parts of alabama. we have had flash flood warnings that have been lifted. other areas under warnings and

watches. 18 states into southern parts of new england watches are in effect out there. in the ban handle 5 to 11 inches of rain fell. at least one person is dead. there are reports of lightening as much as 10,000 lightening strikes in 15 minutes right there across parts of the panhandle. all of the flooding is on top of another round of tornadoes. 8 reports of tornadoes yesterday. that is only in north carolina. that brings the count to 135 reported tornadoes in the outbreak. 35 people have been killed so far and moreãsevere weather is expected today. my p aunt's home destroyed in one of those tornadoes. luckily she is alive and fine. thank you so much.

>> he looked like he was heading into war. fed-ex employees described the chaotic moment a gunman burst into a building and opened fire. >> a guy with a shot gun came in opened the door of the building and started shooting. >> police identify the gunman denny cramer a package handler at fed-ex. he walked in looking like rambo armed with a knife and bullets strapped to his chest. he shot 6 people wounding him critically before turning the gun on himself. police haven't released a motive. >> in a few hours they will pull the fuselage out of the san francisco bay. they had 13 feet of water after it was on an under water camera. it happened on sunday when one pilot tried a passing maneuver. the pilot is dead the other plane landed safely.

>> banned for life the nba making a statement for his racist remarks. now he might be forced to sell his team. what's next for sterling and the league? >> billionaire donald sterling is banned for life as you said from his team and the nba. he must pay a fine and there's more. >> as for mr. sterling's ownership interest in the clippers i will urge the board of governors to exercise its authority to force a sale of the team and will do everything in my power to ensure that that happens. >> nba commissioner adam silver dispensing the harsh punishment after la clippers owner made comments about magic johnson. they made the ruling hours after

they played in a playoff game. the team must move forward now. >> i felt the pressure on my players. every one was waiting for them to give a response. i kept thinking, they didn't do anything. netted they have to respond so adam responded. i thought that that was a sigh of relief that we needed. >> los angeles city council supports the nba's decision as well. the council is dae p manning sterling issue a personal policy -- personal apology to magic johnson. mayor of sacramento and advisor for nba players says this is a defining moment. ee oo this is a statement about where we are as a country. it doesn't matter if you are a professional basketball player with millions of dollars or a

man or women who works hard for your family there will be zero col rance for institutional racism no matter how rich or powerful. >> commissioner silver telling basketball fans ever where i where the nba is far bigger than one owner. >> good to see you. new york city's new mayor writes again. he wants to spend more than a million dollars to make sure city staffers it would cover anti bullying and anti hazing as well as race and againer discrimination. a federal judge striking down voter identification law. voters have to show a state issued photo id at the polls.

there are 31 other states who want some form of identification at the polls. president obama's push to raise the minimum wage it would increase from 725 to $10.10 an hour. it would eliminate 500,000 jobs. this wheel of fortune contestant probably could use a drink after this big slipup. >> cruising my shore excursion. >> no. >> oops. before you can booze on the vacation you need to book it. the next contestant did solve the puzzle and won a cruise. >> it is 41 minutes after the top of the hour. is this the missing plain? is what one company claims it found that claims it could solve a mystery. >> caught on camera an armed

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♪ >> it's dark outside. rainy in new york city. it is the middle of the week. that is three more workdays to get through. thanks so much for watching "fox & friends first". >> an australian company says search crews are way off as they look for malaysian airline flight 370. the marine survey company has been useling imagining technology to look for residue on the ocean floor. it flamclaims to have found wree in the bay thousands of miles north of the current search

area. investigators are dismissing the claims their data doesn't match up with the private company's data. >> radioactivity found in tuna. the smault amounts of radioactivity believed to be from the 2011 huk shema nuclear disaster in jaw tan. not enough to be a good safety issue. you would have to consume more than 700,000 pounds of the fish with the highest radioactive level to match the radiation that the average person is actually exposed to every day from the sun. >> here's an ironic twist to a missing water mystery. officials at waterloo water works in iowa say they can't account for 54 million gallons of water. that is enough to fill 1300

gallons of pool water. they said they don't know where it went. it turns out glitch fixes with cause millions of dollars more losses. >> add it to the bill, right? the cost of obamacare keeps adding up. we are hearing the contractor hired to fix the obamacare web site will get paid $121 million to get the site ready for the open enrollment series next year. it will earn $30 million more than the original contractor cgi which as you know was fired because of the web site glitch plague debut. in the meantime outgoing health and human services secretary kathleen sebelius is wiping her hands of this mess. she is refusing any further testimony. it appears she has unilaterally

decided she is no longer answering questions. it is unclear how many paid premiums. ainsley, back to you. >> lori thanks. >> the time is 47 minutes after the top of the hour. miley cyrus does it but these girls their dirty dancing landed them in jail. that's not all they were doing. ♪ you're a mean one mr. grinch >> a library banning a dr. use book because it this say it encourages violence. we report you decide. >> the bridge is violent? shouldn't we found that out 50 years ago when it first came out? coming up the nba bans sterling for life. we will have the latest on that. new e-mails show the white

house' effort to blame the benghazi attack on an internet video. which we know is not true. we have all of the details. torontos ravage the dixie land. we are looking at a honor student sues pended for having a pocket knife in her bag she forgot about. he may be the world's tallest basketball player. guess what? he's going to be playing basketball with us in this room. busy three hours kicks off 10 minutes from right now. put down the remote. we will be right back. 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.

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yeah. what's the... guest room situation? the "name your price" tool, making the world a little more progressive. one minute till the top of the hour. before you leave the house here's what's happening. the smoking gun in the attack in benghazi. e-mails suggesting susan rice was pushed to blame the attack on a video.ç 35 people are dead after days of tornadoes in the south and midwest. today flooding a major concern from alabama up to upstate new york. after 70 years eight heroes being honored today at the pentagon. the eighth airmen were prisoners of war during world war ii. time to look at the good, the bad, and the ugly. up first, the good.

>> daddy! >> always love those stories. staff sergeant william delay greetingç his five-year-old daughter at school after coming home from afghanistan. the bad, a cleaning truck slamming into the side into a plane in miami. the driver hit the gas stphefd brakes. the ugly. ranger fans and fire fans in a big brawl. >> that's it. "fox & friends" starts right now. >> bye. hey everybody. good morning. it is wednesday, the 30th of april, 2014. i'm anna kooiman in for elisabeth hasselbeck. calling it the smoking e-mail. proof this morning on who really told susan rice to say this. >> it was a spontaneous reaction to what had just transpired in cairo as a consequence of the video. >> yeah, but that's not true. and talk about a double standard, one