june. i'm anna kooiman. he was advised against the prisoner shock but the president did it anyway. the shocking allegations president obama ignored military advisors and put top tall tall firefighters back into the fight. >> sorpg up 92% from last year. president obama plans to lawyer them up, each and every one of them with your tax dollars is that fair? you decide. >> nursing home told

89-year-old veteran that he couldn't go to the anniversary ceremony yesterday but then he went missing. then he showed up. "fox & friends" begins right now. >> hi folks this is larry gatlin and you are watching "fox & friends." if you ain't, why not? >> good question, larry. >> that's the talented tucker carlson, that's the lovely anna kooiman, i'm clayton morris. >> great to see you this morning. >> history could possibly be made today for the first time in nearly four decades we could have a triple crown winner. >> 36 years? janice dean is live at bell most park in he will month, new york. there she is. >> looking beautiful. hi. >> she was out testing the track early this morning. >> hi. >> hey. >> i love the smell of horses in the morning. you know that about me. this is a huge, huge event and i just feel -- i feel the magic in the air.

california chrome in the one to beat. this would be the first time that california bread horse would take the triple crown if it happens. it hasn't happened in 36 years. this is the 146th belmont stakes. and it could happen. it could happen today and it feels like california out here. that might give california chrome a leg up, if you will. we have talk about other stuff. weave do have the potential for severe weather today. across the central u.s. many tornadoes reported last night over parts of colorado and in towards the plain states. we are going to focus on that certainly morning. and we will bring you the very latest on on severe threat and the latest at the weather department here. at the belmont stakes. i'm so excited! can you tell? >> you have already managed to work one horse related pun. >> right. >> for four hours, janice, here is my challenge to you how many horse related puns

you can work into your weather hits in the next four hours? >> you got a leg up. >> i will start working on be it and for now i will begin horsing around. >> do you still have on your california chromey is my homey tattoo? >> oh, there it is. >> die hard fan right there. >> oh o. >> chromey is my homey. >> that's not washing off. >> janice dean not one to dip her toe in. we will be checking in with you a lot. >> brand new developments this morning, leading to the bergdahl prisoner swap. top military officials warned the president against the taliban trade before he did it here is the key quote. senior officials advise president obama not to -- likening it to quote four star general's of the taliban. this idea of the exchange was first floated several years ago and president obama was advised against

it. so he clearly bypassed in a big way the intelligence community in order to green light it himself. >> this is not the first time, according to others, that the president has ig in order advice from top military brass. jack cain on this network says that the president has routinely not listened to top military brass when making big intelligence decisions like this. listen to the general. >> here's the issue. general mcchrystal, general petraeus, general alston, general allen now general dunford have made rmtses to this administration war policy issues and the president has rejected summarily every single one of them with force levels, residual forces, et cetera. it doesn't surprise me on an issue as ten shut as this is. generals as close to the fight in the theater recommendation we should not make this trade and provided

the rationale for it that was killing in order as has all their other recommendations over the past four to five years. >> what were they most concerned about? >> they were most concerned that one of these guys would go back and fight against american forces. these aren't just low level guys, they would be leading. lead charges against american troops. the king knows best. that's why lindsey graham and even democrat dianne feinstein has come out and said, you know, this was a bad deal and we should have known about this before. why did you leave us in the dark and do all of this by yourself? >> he has explained why. because there would be quote political hurdles by congress were he to commit. this was an issue in the 2008 campaign. if you remember. in one of the debates with mccain that he might negotiate with terrorists specifically hamas. at the time then senator obama said i would never nelg united states with

hamas. they are a terrorist group that has called for the destruction of israel. fair enough, we all thought. here he is negotiating with the group that has called for the destruction of the united states. but somehow he is okay. >> he did at that debate mention haqqani. >> specifically they called for the destruction of israel. that's a deal killer for us. it's okay to deal with a group that's called for the destruction of us? how does that work? >> would have been interesting to see if he went on the record about that. one of these guys out spoke to nbc news. one of the five that were released. he has vowed to go back and after arriving in qatar after receiving in nbc news piece. he kept insisting that he would go to the -- to fight against the american forces there. he would go back and couldn't wait to get back and fight against the american forces again. >> this was a relative of one of the five who was speaking out to nbc. also, we heard an interview with time magazine with a

member of the taliban who was speaking anonymously, now you are number one, recognizing our group. so this is a victory for us. we are doing a victory lap. and, number two, we are going to kidnap more people. >> yeah, it's unbelievable. despite all of, this and this really has been a firestorm. you couldn't have predicted just how much traction this would get. it hurts the president, and hurts democrats. how do you feel about it now, now that all of this has come to light, and here is what he said. >> we saw an opportunity and we took it and i make no apologies for it. it was a unanimous decision among my principles principle iy government and a view that was shared by the members of the joint chiefs of staff and this is something that i would do again and i will continue to do wherever i have opportunity if i have a member of our military who in captivity. we are going to try to get them out. >> go back and rewind one

week. would the president have done exactly what he did was which was have this rose garden press conference with parents and have susan rice to go out on talk shows to talk about this release? would they have done it. >> to claim that bowe bergdahl served with distinction and captured in uniform which was not true. he says it's my government. it's not your government, mr. in the. it's a government that belongs to all 315 million americans. maybe that's the problem. it's not yours. you make unilateral decision blowing off the law. >> not even talking to congress about it. not even giving them the heads up about it you can't trust your own congress because you were worried that it might jeopardize the mission if members of congress leaked information to the taliban? that's what they're concerned about. >> the president said this is a whipped up controversy and not surprised he is getting criticism for. this well, mr. president, if this is a whipped up controversy, is the v.a. scandal a whipped up controversy, too, when you have folks on both sides of

the aisle laying down the hammer on this one? >> more on this. governor huckabee will be with us. first your headlines. >> a fox news alert. tracy morgan in critical condition after a crash in new jersey on the turnpike there morgan was traveling in a limo bus that overturned early this morning. sources say the crash also involved two tractor trailers. the actor was rushed to the hospital. we will keep you updated as this story develops. producers are are telling me right now one person is confirmed to have died. dozens of workers near a trucking company near los angeles sickened by fumes coming from a tailored. one worker saying a chemical commonly used for food preserves exploded inside. firefighters and hadz mat crews were called. in employees were showered off and loaded into ambulances. many taken to the hospital. some in serious condition. the odor is now contained.

caught on camera. tornadoes ripping through parts of colorado third day of weather. six twisters confirmed. tearing down power lines and uprooting trees. one tornado touching down just northeast of denver. damage ago few buildings there. there were no reports of injuries. and he wasn't taking no for an answer. an 89-year-old world war ii veteran sneaks out of his nursing home in england. why? he want to have had attend d-day events. he told bernard jordan he couldn't go to normandy for the 70th anniversary. he put his war medals on. the nursing home reported him missing. but the search was called off after another veteran called in to tell him he ran -- >> i love that he put his medals on and said i'm going out there. >> i'm in a nursing home and you are not going to let me go to d-day i stormed the beaches the normandy.

>> since when do nursing homes get to tell adults what they can and cannot do? >> you meet served with bowe bergdahl. five years for the taliban isn't punishment enough for traitor. why it's time for the real heroes to be recognized. >> dog buried alive mudslide stuck there 18 hours and lived. a story of survival that will warm your heart. [ female announcer ] there's a gap out there.

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for best results, use verizon. alleged army deserter bowe bergdahl deserted and claimed himself a warrior for islam. resentment toward him grew as americans died searching

for him. vaughn served in the division with mr. bergdahl. some on the left have blamed you and your unit for his desertion: i want to put on the screen an excerpt from the "new york times" editorial, quote: in other words, some on the left are saying it's your fault, you were flakey, that's why he left. is that what you witnessed as a member of that unit? >> no, it's not. there was no breakdown in

morale or discipline. no one else walked off. no one else did anything like this. only bowe did this. encourage them to release many more details from this army investigation. >> it's your belief that he voluntarily walked away from his post. do you believe that he voluntarily joined anti-american forces, haqqani network, taliban. >> i wasn't there with him in captivity so i can't really say. it's shady at best. >> now, you are hearing democrats claim and the white house claim that no americans were killed in the search efforts for bowe bergdahl. you say that's not true. >> that's not true. several americans did i do. that's completely untrue and easily verified beyond that. >> how does it make you feel? you say you watched someone

you know killed by small arms fire in the search for bowe bergdahl. the white house is saying that never happened. how does that make you feel? >> we don't want to get into the politics the guys from the unit and myself. i think it's pretty outrageous claim to kind of pretend that awful these first person sources and erch that was there is just not credible. guys that served for the country in afghanistan and then to just now say that we are not credible sources after our service and looking for this guy that they are now, you know, lauding his return. it's an outrageous claim. >> taking out the politics. just as a factual matter. when you heard national security advisor susan rice describe bowe bergdahl as someone who served with honor and distinction. what was your response? >> i think she is completely mischaracterizing his service. it was absolutely not with honor and distinction. he made the choice to join the army. he went to afghanistan. that's great. but, you can't just look at

what you are currently doing. you have to look back. and looking back, he left the unit. he abandoned the post, you know. he deserted. it was not at all with honor and distinction. and it's an insult to say that everyone who did go over there and serve time time and come back. >> was it clear to you from the beginning that he deserted his post? >> it was clear to everyone that he deserted his post, which is why it's so unbelievable that they would try to represent this as capture on the battlefield, everyone knew, i mean, there is hundreds, thousands of us that knew that this was dessession. >> what about your comanged officer? commanding officer? >> exactly the same. >> that's a really interesting account. i appreciate you bringing it to us this morning on a saturday morning. >> thank you.

>> thanks for coming on. >> no problem. >> we have a fox news alert this morning, actor tracy morgan is in critical condition after a car accident a few hours ago on the new jersey turnpike. stay here for the latest on that breaking story. at least one has died in that accident. we'll have more. and a spy plane frozen in time. wait until you hear what that plane revealed. ♪ you've reached the age where you know how things work. this is the age of knowing what needs to be done. so why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have.

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new collinton era documents just released reveal the clinton administration leaked names of potential supreme court nominees. one document exposing that the first round of potential picks is mostly to apiece constituents and not realistic. clinton made two appointments to the supreme court ruth bader gipsberg and stephan breyer. a lucky dog survived 18 hours trapped underground after a smud slide at guatemala. rescue workers you see there a dog named nick is the lucky one. the pooch was dehydrated but is on the mend, we're told. a lucky pup. all right, clayton. >> all right, anna. a spectacular fine in greenland, brand new images show a cold war spy plane frozen in time. key bird crashed in 1947 during a mission to the north pole. more than 50 years later the

plane was photographed. what in the world now happens to the aircraft. tony shaffer. nice to see you. >> thanks. >> this story is fascinating on a number of levels. number one is that one of the former test pilots darryl greenmyer a few years ago tried to get there to this aircraft and restore this thing but they never really made it there? what happened? >> they eventually did a great job over two years, '94, '9 a to get the thing back in shape. take the propellers off and rebuild the engines on the spot at the very end something called apu small unit in the back taxiing it burned in place. what's ironic, clayton, they predicted it would be -- the ice would melt and it would end up at the bottom of the lake. as you can see here, it is still on top of the ice and frozen. and ironic that this thing was found as part of a

global review of glacier. the tracks are from polar bear tracks. so when he got there, yes, they were working on restoring this thing and never got it off the ground so they never could complete that mission. it sort of vanished for a few years and nasa rediscovering it this week. sort of made it sound like they just discovered it they have been getting up there and trying to destroy some of the hidden spy information on this aircraft. what might be hidden on this thing? >> glad you brought it up. it was actually first downed in 1947. on a secret mission in the artic circle trying to find out what the soviets were doing. what i find ironic, maybe almost a warning from the past about the cold ware. ice station zebra. all this cold air intrigued

that you had this aircraft on a secret mission. coming back from that, it basically had problems, had to it crash land and then all the secrets, i think, have never been kind of what was on it, what they were doing as much as a lot of documentation on this. not really clear what it was doing. i think the aircraft, the secrets of what it was doing may well die with it no one knows. even after they tried to restore it, no one address the secret mission. what passed for then cutting technology by the russians. >>under side of the plane. sitting there, you said they have gone up there and tried to use an ax to smash at the cameras and spy equipment on the plane. we don't know if that stuff still exists and someone could end up telling it and using it. for purposes of history it would be great to reteeth. before youtube, all the other technology we had, it

was almost a desperate move, clayton, all we had was b-29s not the best aircraft to do these spy missions. but what is always good about the american spirit, it was adaptive, right at the beginning they were out there trying to think what do we do about what the soviets are doing. >> original crew members rescued. tony shaffer, great to see you this morning, ifs sinating story. >> thank you. >> coming up here on the show, ucla's pick for commencement speaker hanoi jane. jane fonda. nothing with their admission policy. gets social and blows up twitter with first tweet. what the spy agency says that has everyone talking. ♪ since you've been gone ♪ (mother vo) when i was pregnant...

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welcome back. shot of the morning, lebron james being carried off the court after cramping up during game one of the nba full-times sparking a social media sensation called lebroning. fans tweeting their own hilarious reenactments of james being carried to the heat bench. spurs won that game.

game two tips off tomorrow night. hopefully the a.c. will work this time. >> yeah, these pictures are are funny, but, he was cramping up so bad. he had to get carted off. >> i got a cramp the other day in the pool with my son, no one carted me off. >> you are an athlete. >> you you need nba entawrge. janice dean has one. i believe she is at the belmont stakes. >> are you cramped up? >> aim cramped up yet? >> straight from the horse's mouth, clayton. you are such a stud. there is two. >> wow. >> there is two horse references. all morning long, tune. in we will be doing a the love horse references because we are at the 146th annual belmont stakes triple crown could be had h. tonight by california chrome. a lot of people are routing for 100,000 people are going to be out here, including myself rooting this horse on.

i feel it in the atmosphere that it's going to happen this year. we will be live all day on fox, and of course "fox & friends" weekend. send us your tweets. give me horse references. i would love to hear them let's talk about the weather. the weather here at belmont is going to be fantastic. i couldn't have made up a better first alert forecast. temperatures in the 70s at race time 6:auto. and clear skies for much of the day today. look at your clear temperatures, there you have it watches and warnings. we were talking about the threat of severe weather today. the potential exists for parts of the plain states where you see the radar there for kansas, missouri, down into oklahoma and in to texas and through the mississippi and tennessee river valley today. there is your severe threat. we did have several tornadoes yesterday across colorado in towards the plains. just be real careful and listen to your local weather forecast for all your watches and warnings. first alert forecast precipitation. not only the threat for severe weather but heavy rain across the plain states. six to 8 inches in isolated areas. that's going to be aistic

are for flooding. and then we have he will month first alert -- elmon firs. >> we'll learn how to place your bets. horse betting expert is going up to up later to show us how. thanks, janice. >> thanks, i don't know miss. >> some of the stories making headlines we want to talk to you '. fox news alert. actor tracy morgan in critical condition after a deadly six car crash on the new jersey turnpike. the 30 rock star was travel until a limo bus that overturned around 1:00 a.m. this morning. the crash involves two tractor trailers and one of them is to blame. at least one person was killed. actor traveling back from a show delaware casino last night. we will continue to follow the story and bring you the

breaking details as they come in. and young immigrants facing deportation getting free legal counsel from the united states government the obama administration shelling out $2 million in grants for 100 lawyers, pair leels who enroll in the program. initiative sin tended to help children under the age of 16 who are not in government custody but have been summoned to immigration court. and brand new details about the american being held in north korea. jeffrey edward fowles detained because of a bible. south korean news agency saying he left his bible in a hotel room apparently that's against the law there. he entered the country as tourists. third american being held in north korea. and who knew the cia had a sense of humor? the spy agency joining twitter with the most appropriate first tweet possible posting we can neither confirm or deny this is our first tweet. it's been retweeted nearly 190,000 times.

the twitter sign up comes just a few days after the cia joined facebook. the organization plans to share job postings, photos, and unclassified content through social media and those are your news headlines. from best selling novel to one of the most anticipated movies of the summer. >> fault in our stars. there is word this movie could be enormous at the box office. >> and this morning, we are stepping into the fox light with michael that tammera. >> taking it to the streets. >> midtown, manhattan, this morning. been hearing great things about this movie. how did it stack up? >> fantastic. it was made for only $12 million. going up against the big tom cruise blockbuster movie made for $178 million. doing it by shear volume. it doesn't have the big high ticket price that edge of tomorrow has with the i max and 3-d. people are turning out for

it based on the back by author john green. about two cancer stricken lovers: >> my kids read this book and it sounded sad to me. is the movie sad? >> i thought the same thing. i was a little reluctant to see it. i have to say it was fan tas particular. emotional roller coaster. warm the hart. >> make you laugh, make you cry. i can actually go see it again. but we caught up with laura at the premier the other night and we asked her what is it about this story and author that has touched so many people around the world? >> understands what it is to be all ages, it seems, but particularly a teenager. and particularly he captures what it is to believe in love, the love of a child. the love of a parent. the love of your first love.

despite circumstance. and somehow create hope and gratitude for each day that we have. in a way i have never read from an author this is a big move for fox. decided to move it up. >> people are prebuying tickets. >> wow. what about 50-cent or fity. >> new show premier tonight on stars about power and drug distributer. a little bit of the god father mixed in with scarface in there. 50-cent is the executive producer and has starring role in it as well. we up with him at the premier. asked him b. his new show and what happened. >> makes it to the top, not necessarily using the right tack i can particulars and way to do it. it has the same morals that the ceo would have.

if i knew that this would happen, if the ball went off like that, i might not have even tried it do you understand? it doesn't feel bad when i'm not in control of what is happening, it doesn't feel good. >> it was like almost as bad as boba or howard stern. >> he was aiming for the cameraman. >> that's more like 25-cent. >> early 2000, he has got the sweat all over his bare chest and chains. he is just a lovable teddy bear. >> he is such a nice guy. he has his fingers in everything. power premiers tonight on stars at 9:00. check out all our interviews in the fox light.com. as always you can find me on twitter at fox light michael. >> i love it thank you, michael.

>> big lovable teddy bear. >> i interviewed him one time. >> unbelievable. >> you think jane fonda speaking at ucla is bad wait until you hear the admission policy. it will blow you away. >> and tractor trailers are about to own the highway. a new plan called platooning. multiple 18 wheelers just 20 feet apart in the same lane. we take a closer look. replace your laptop?

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welcome back, 44 minutes now past the hour. quick headlines for you. this is the up in smoke edition. colorado green lights, the first pot banking system. [coughing] >> excuse me. the governor creating legislation to create uninsured network to marijuana shops can pool money together and open checking accounts. right now relying on cash because other banks aren't taking their money. they don't want it. the new law still blessing of the federal reserve. teens that smoke marijuana are lowering iq for life.

duh. >> study found smoking the drug effects critical thinking and memory anna? tucker? >> ucla has invited jane fonda. in 1972 the actress met with enemy soldiers in vietnam. mean students at the school are silent on the subjects. >> here with his thoughts ucla professor and author of "cheating." what's the reaction to jane fonda? this really seems a 40-year-old sort of left wing activist not relevant, i think, even in film at this point. what would be the point of inviting jane fonda to speak at the film school commencement? >> you know, i did a quick survey of some of my students. and the overall response was no opinion. in fact, one of them asked

me -- one of the survey responses wasn't she in charlie's angels? this is almost -- happened almost 50 years ago and 20-year-olds just don't know who she is. >> here is a quote from the university. they say we are truly honored to have jane fonda speak at this year's commencement ceremony. jane is a visionary and remarkable artist-to-who has spent her life telling deeply powerful stories. the dean from the ucla school of film and television. this is the film school. it's for every single student at ucla. and you actually have a theory of how she ended up being the commencement speaker in the first place? >> you know. i have been watching. ucla is pretty left wing. pretty progressive. but the chancellor himself has been very pro-veteran, every year we have a moving ceremony for veterans day the chancellor shows up and gives a speech. i have a hunch and actually i have a source who is

somewhat vached this that it was the dean's idea of the theater film and television school. now the chancellor. for instance, there is a facebook page of something like the veterans to boycott hanoi jane. they are telling people to call up the chancellor. i think it's the dean who is the problem here though. >> so, obviously this country is very, as it should be exquisitely biased discriminating people based on their race. i discovered during your time during ucla a school, which is a state school is systematically discriminating againstation applicants based on their race. sort of in large numbers. tell us about that. >> that's right. in california, we have prop 209, explicit law in our constitution you cannot use race in admissions from 2005 to 2008 i was a member of the faculty oversight committee for admissions. and in 20062007 i saw some

irregularities, i asked for data. ucla refused to give me that data even though i rightly should have as a member of that oversight committee i resigned in protest. ucla picked a -- the equivalent of a blue ribbon commission to study my claims. and lo and behold four years later this blue ribbon commission, headed by a sociology professor, did find if a there was some racial discrimination, specifically african-americans are given racial preferences and meanwhile asian americans are actually discriminated against. pretty big numbers. something like 300 or so asians are denied admission each year because of the discrimination something like 120 african-americans are committed each year. wouldn't be without the racial preferences. >> you say that the student body isn't the problem,

really, it's the faculty in the first place with all of this. we want to show our viewers a comparison to the way it was to the way it is now. numbers break down. 34% african-americans and 5% fewerrations and 9% fewer northations. what's the benefit of all of thisful? >> the faculty -- i think most of the faculty would say something like diversity is so important we need to break the law to do this. this is something like civil disobedience. i would argue they are doing it in the lying about it ming would say you you -- martin luther king would say you should not do that. >> eric holder would be on the scene with an investigation and federal marshals thank you for joining us this morning. appreciate it. >> thank you, tucker and anna. >> up next, a new way to couple 18 wheelers on the

the highway. the practice platooning for tractor tailors and tell you what it means for you. >> susan rice says bowe bergdahl served with honor and distinction even knowing he may have deserted. what does she do next? double down, of course. we will play it for you top of the hour. upgrade to the philips norelco shaver series 8000 for the most advanced shaving experience. with gyroflex 3d technology, you can get to those hard to reach places for the ultimate shave wet or dry. guaranteed. visit philips.com/fathersday now to save $50.

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two twak tore trailers 60 miles per hour. lead truck controlling the brakes. called platooning, meant it make highways safer.

is it safe? company developed the system for trucks. good morning, thanks for being with us. if you can can tell us how it works pretty quick. >> good morning. my pleasure to be here. absolutely as you described this system is linking a pair of trucks together. so we have a direct communication link between these two trucks immediately when that front truck applies the brakes or changing speed the rear truck knows about it and can react in a hundredth of a second. human driver typically takes 1 to 2 seconds to react to a hazard ahead. that's of course if the driver can seat hazard and is paying attention. we can react almost instantaneously so we can prevent the most common types of incidence involving these tractor trailers, which, unfortunately are are often very costly and dangerous accidents. >> very often when you are in a car, if you are in a sedan or what if you are in one of those little smart cars, for crying outloud you feel vulnerable and next to two you may feel even more

that wait a minute numbers we can show you the number of accidents involving trucks. we can go ahead and put those up there. technology fails. we have all used the g.p.s. and taken us to the wrong location and tried to turn on computer and poond out us on. can we trust this technology? >> built in to every part of our system is safety. safety is the entire purpose and motivation of the system. and it's built upon, you know, decades of research work and then production work by the automotive and trucking industry to make a very reliable form of communication between the trucks. and to be clear, we are not fully auto mating the truck. the driver is still steering similar to if you are driving with cruise control. and if we ever lose communication between the trucks. we automatically back that rear truck away from the front truck. and we know about that almost instantaneously so we can do so safely.

finally, i will just add in terms of being a passenger car driver around these trucks, you will be safer first of all because these trucks can react automatically to you. if you need to cut between these two trucks it will detect you as you start to cut in and back that rear truck away. >> you argue it keeps us more safe and makes everything more fuel efficient so the cost of goods and service was could go down for us. >> absolutely. >> josh, we appreciate your time today. thank you. >> thank you. >> coming up, a man arrested for cursing in front of the cops. they got him disorderly conduct but what about his right to freedom of speech? we're going to be talking about that coming up. don't go anywhere. [ woman ] i've always tried to see things from the best angle i could. it's how i look at life.

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good morning, it's saturday the 7th of june. i'm anna kooiman. actor tracy morgan was injured in a crash overnight and another dead. breaking details coming up. >> susan rice said bowe bergdahl served his country with honor and distinction even after knowing he may have deserted. and now she defends her comments. >> what i was referring to was the fact that this was a young man who volunteered to serve his country in uniform at a time of war. that is itself a very honorable thing. >> the hole gets deeper and deeper. we'll report on the latest details. can you decide.

>> i do. but now stop tweeting. would you go along with that? a whole lot of couples are. talking social media prenuptial agreements. what does this say about the --' >> you are watching "fox & friends." that's a great way to begin your day. ♪ ♪ ♪ go on and take the money and run ♪ go on, take the money and run. >> that's belmont park in he will month, -- elmont, new york today. janice dean is out there and says the weather is perfect. horses out there stretching their legs. getting ready for the post time tonight which i believe

is this evening. we have got to wait all day. >> check back in with her for course and track conditions up a little bit later. first, the white house doubling down, really this week on their position on bowe bergdahl. the president, a number of overseas speeches doubling down saying he would do it again if given the opportunity. and now susan rice, of course, who came out and talked about that bowe bergdahl had served with honor and distinction has doubled down on her comments, saying what she was referring to was more like this. take a listen. i realize there has been a lot of discussion and controversy around. this but what i was referring to was the fact that this was a young man who volunteered to serve his country in uniform at a time of war. that is itself a very honorable thing. >> not backing down. >> sovereign who is in the military is serving with honor and distinction by definition, even those. >> as long as you in the

military you are there with honor and distinction. it's an insult to the people who are serving with with honor and distinction. there is an awful lot of them. >> or the families of those who were killed trying to find him. charles krauthammer on exactly what it means to be distinguished in the military. take a listen. >> the oldest rule in politics is when you are in a hole, stop dicking. this is a hole you cannot escape from. what she said is so ridiculous, so obviously at odds with everything that we know. the fact that he put on a uniform doesn't distinguish him from anybody else in the military. what distinguishes him, what made him end up in captivity. what created the when problem that ended up with the release of the five taliban leaders is the fact that he took off his uniform. >> and what may be astounding about this most or at least very startling is the way that the "new

york times" haghts coal out with a couple of pieces. republican operatives trying to slam the president. here is another quote that we would like to bring to you. a classified military report shows sergeant bergdahl had walked away from assigned areas at least twice before and had returned according to a report in the times on thursday it describes him as a free spirited young man who asked many questions but gave no indication of ache deserter, let alone the turn coat that mr. obama's opponents are now trying to create. if anything, the report suggest that the army's unit's lack of security and discipline is much sergeant's history. >> so did you hear that? that it was the army. >> platoon's fault that he wandered off. >> it's enlisted buddies none of whom wandered off. their fault. including some people who died looking for him. pretty outrageous suggestion. served with bergdahl in afghanistan. he was there.

here is what he said. >> i think it's pretty outrageous claim to kind of pretend that all of these, you know, first person sources and everyone that was there is just not credible. guys that served for the country in afghanistan and to just now say that we're not credible sources after our service and looking for this guy that they are now, you know, lauding his return, it's an outrage just claim. he made the choice to join the army. he went to afghanistan, that's great. but, you can't just look at what you are currently doing. you have to look back and looking back he left the unit. he abandoned the post. you know. he deserted. it was not the at all with honor and distinction. it's an insult to say that to everyone who did go over there and serve their time. >> they shouldn't take it personally. these guys are politically inconvenient for president obama. therefore, lap dogs like the "new york times" are going to attack them as crazies, as psychos as disreputable

because they are hurting obama. >> looked in the piece too that he was a free spirit. he would ask a will the of questions. sort of allowed to float around like some sort of hippy flower sniffer. i'm going to wander the hills. that's not what you do. that's not what you do. and it's not the platoon's fault that he was like this. >>. no and politics aside we heard from another soldier who served alongside bergdahl. he said, i don't care if you are democrat or republican, or jedi, he said. we all have this american flag on our soldier and everybody around us is our brother. we would have died for him and he just left us. >> let us know your thoughts on this. we have much more including governor huckabee coming up a little bit later in the show. first, some headlines now. >> want to get to this fox news alert. follow it for you. actor tracy morgan in critical condition after a deadly multicar crash on the new jersey turnpike. right now, morgan is in the hospital in intensive care. the 30 rock star was traveling in a limo bus that overturned around 1:00 this

morning just north of trapassoton. state police say the crash involves two tractor trailers and one of them is to blame. six passengers were riding in the bus. at least one person was killed. three others, including morgan are in critical condition. the actor likely traveling back from a show at a delaware casino last night. we will continue to follow the story and bring you details as they break and come in. also, overnight, dozens of workers of the trucking company near los angeles hospital sickened by fumes coming from a trailer. one worker saying a chemical commonly used for food preserves exploded inside. firefighters and hazmat crews were called, in employees were showered off and loaded into ambulances. many taken to the hospital, some in serious condition. the odor is now contained. and chaos outside of a courthoua gunman opened fire. [gunfire]

the shooter identified as 48-year-old dennis marks. a former tsa agent and member of the sovereign citizen antigovernment movement. he stormed the forsythe county courthouse and started firing. the shooting lasted 90 seconds before he was shot and killed can. he had intended to take hostages. he was due in court on marijuana and firearms charges. a deputy was also shot but he is expected to be okay. well, d-day vet jim martin was 23 years old when he parachuted into france and he has done it again at the age of 93. [ applause ] as part of the 70 anniversary of d-day martin joins soldiers a third of his age and pair shooted into parachuted into the same spot he did in world war ii. the experience was different this time. >> nobody shooting at me.

it is much nicer. >> well, martin says he love to make the jump again next year. >> jumping out of an aircraft. antiaircraft gunfire coming right at you, explosion all around are you, front page of the "new york post" this morning has him landing there. >> that's honor and distinction. >> that is honor and distinction. certainly knowing that there was a very good chance that they were going to die. get out to janice dean at the belmont at elmont. hey, janice. >> that's right. i have donned my hat. 146th annual belmont stakes and we could have our first triple crown winner in 36 years. here with me today is martin panza you are the senior vice president of racing here for the new york racing association. thank you, welcome. >> thank you. a pleasure to be on. >> you are a california boy. this is your first year in new york. >> i am, i many a. started back here in

november. brought hope pray triple crown win tore new york. california weather today. so i think it's a good site for california chrome. >> hopefully i can take some of the credit for the weather today. tell me, are you a little bit biased being from california? this could be the first california bred horse to win the triple crown. >> a little bit. it looks like the right horse to do it. he is very athletic. he can make a move whenever the jock wants him to. he has won his races very easily. training really well coming into this race. fingers crossed. i think he is going to give a big effort today and hopefully we break this 36 year drought. >> he is kind of an underdog story too. a lot of these horses come from royalty, if you will. i mean, his -- the people who bought him bought his mom and dad for $10,000 and now he could be millions and millions of dollars. >> right, that's the greatest thing about this horse. two blue collar guys who go to court every day. take a $2,000 mare to $2,000

stallion, get this house california chrome. on the verge of a possible triple crown. you have got people from all the over the world, very wealthy people trying to win these races and here these two guys, hard-working americans come up with a horse who may get it done today. >> unbelievable. thank you, martin for being here. >> thank you. >> i feel it in the air. it feels like california i think california chrome is going to take it home. >> elevator. it's going to drop you

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you got our attention. we did? of course. you're type e* well, i have been researching retirement strategies. well that's what type e*s do. welcome home. taking control of your retirement? e*trade gives you the tools and resources to get it right. are you type e*? president obama doubling down for swapping for terrorists. >> i'm never surprised by controversies whipped up in washington. all right? that's par for the course. but i will repeat what i said two days ago. we have a basic principle. we do not leave anybody wearing the american uniform

behind. >> of course, it's not clear if bergdahl was wearing an american uniform when he left his unit. even democrats are beginning to wonder was this a good idea. and is this really a whipped up controversy or a real one? rich lowry from the national review. editor, in fact. he joins us now. what's the strategy, rich. you have covered politics your whole life. why is the president basically saying i'm not ashamed when everyone sells ashamed of. this the idea this whipped up controversy is absurd. everyone initially when the story breaks what do they go? go and look at the rolling stone story. not a publication that's a right wing rag. then what drives it is the guys who served with bowe bergdahl. supposed to believe they had the mismore it unserving in a platoon full of right wing guys spoiling at the opportunity to take a shot at the president. which of course is absurd.

>> they wind up attacking soldiers who did serve as susan rice. they are attacking these guys. >> going out and telling the truth of what they saw and what they felt and what they experienced. and they are just so desperate to defend this deal and obviously thought it was going to be some glorious victory when is why he did this off-the-wall farther and susan rice exaggerating service. if all she was saying signed up. signed up for the military in a time of war that's admirable. that's not what she said. she said he served with honor and distinction. >> this is as the french say not just wrong but dumb. not just a sin but a blunder the white house is not going to help us at all in the midterm elections. >> right, every week there is something that happens that causes democrats to

distance themselves from the white house. and you get the spin from the white house oh, this is giving them cover, you know, this is allowing them to distance themselves in a way that will help them. actually, it would be much better if the president were doing things that democrats didn't have to denounce and distance themselves from. if you were doing things actually making themselves popular that would be better. tucker hostage fortune in a couple ways, one we don't know the entirely the bergdahl story and we are going to learn more, those five guys in qatar are going to be back in the fight really soon. something blows up and attributed to them it's going to get worse. >> feels like things are falling apart. jay rockefeller pretty left wing democrat said quote i don't like it when the intelligence committees were briefed because we weren't briefed. dianne feinstein wasn't. i wasn't. saxby chambliss wasn't. richard burr wasn't, we are the five senior people just

another instance where you see the white house's muscular view of power that would make dick cheney, they don't think this in the national security area. they think it applies everywhere. here you have the president attaching a signing statement to this law that said congress has to be notified in 30 days and then just ignoring it because he says it was inconvenient and that's going to make everyone bristle on capitol hill including democrats. >> i'm waiting for hysterical press releases over the. >> you will be waiting a linger time. i hope have no one else to do. >> i wish. >> thanks for joining us this morning. >> thanks, tucker. coming up the u.s. marine locked up in mexico still locked up by the way taking a wrong turn and accused of gun running. abused at the hands of his captors. pretty graphic. man swearing in front of the cops. got him for disorderly

conduct. what about his right to free speech? does he have one? >> first eric bolling on what's coming up on cashing in. >> here guys here is what is coming up on cashing in today. president traded five high ranking gitmo terrorists for one deserter. is the president waiving the white flag of surrender. we have the heated debate coming up at 11:30. this allergy season, will you be a sound sleeper, or... a mouth breather? well, put on a breathe right strip and instantly

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hi everyone, happy sunday. and here is your news by the numbers. seven how many whistleblowers claim retaliation in the agency about complaining about mismanagement and patient abuse according to federal investigators. next, 30% how much premiums could go up for some people on maryland's obamacare exchange. at least three insurance companies citing old average

membership age for the increase which still has to be approved. 32 feet per second, that's how fast the elevator will travel at the world's soon to be tallest building, the kingdom tower set to open in 2013 in saudi arabia will use high tech light weight cables. that's tough to even watch. thank you. >> a man slips out of work when cops are called to the situation he starts swearing at them for a long time. police arrested him for disorderly conduct. that was back in 2012. now that man was suing for $100,000, claiming that his constitutional right to free speech was violated. joining us now for a fair and balanced debate. fox news legal analyst arthur aidala and defense attorney jonah spilbore nice to see beth both of you this morning. >> good morning. >> standing there yelling at his co-workers outside of work. cops show up. they arrest him. does he have a case? >> here is the issue. he also has a history of this. this isn't the first time he has done something like this. but the question is just

cursing. police officer pulls up and you are cursing is that grundz for them to arrest you? and the simple answer is no, that in and of itself is not. the disorderly conduct part becomes like this, clayton. if someone's first religious ceremony. holy communion or bar mitzvah. the person is standing there in front of the ceremony causing a disruption, that's disorderly conduct. so, it's a fact-by-fact scenario. >> he would have been locked up years ago. >> he would be doing 10 to 20 if cursing was a crime. you can't arrest me for using, quote, obscene language because i have a first amendment right to say what i want to say. in that respect, he has a case. is it $100,000 case? no. but finance a case. >> we also have a rap sheet here. take a look at some of his other offenses. many he assaulted of two family members during a domestic dispute. pleaded guilty there.

>> putting words in my mouth, clayton, i said it's a fact specific scenario. so, in other words, i don't agree with the guy because my guess is my guess based on that rap sheet it wasn't him just standing there on a chair like this cursing. it probably was something more than that there also needs to be some sort of in my opinion, make an arrest. scintilla of a threat, scintilla of disruption for a police officer to be able to do his or her duty. >> talking about a police state though. stories across the country being locked up because they annoy the police officers. that's not a basis for arrest. the fact that this guy had a rap sheet actually helps him in his case against the police. because, really were they arresting him because he was a knew isn't a in the past or were they arresting because he committed a crime right there innocent from of their face. >> he didn't commit a crime. cursing is not a crime. especially in private. >> the police officers weren't there. >> central park dropping,

you know, then that would be a different story. >> why? >> because he was in a private situation having an argument with his employer. like we argue every day. no one is going to come and arrest us for that. >> different central park or at the office. >> what is he is in his work place. there are people there who have to work. >> exactly. that might be be disorderly conduct. they drop the obscenity charge -- charge him with obscene language which they dropped when he filed his appeal. >> don't need to be cursing to be disorderly. >> automatically going to win this appeal. >> you are out of order right now. >> i'm always out of order. you playing a radio very loud and that can be disorderly conduct. >> right. you don't have to swear. >> doesn't take much to be written up for disorderly conduct. should be known very low level offense. >> will he win this case, $100,000? >> no. >> he will win but is he not going to get $100,000. is he going to wish. first amendment right. >> unbelievable. weigh in. we would love to hear your thoughts on it please don't

yell and don't swear. friends@foxnews.com. and go to the web -- go to the facebook page as well. ff weekend. coming up here on the show. thank you, guys. >> thank you. >> a social media prenuptial agreement. call it a sign of the times. if you tweet badly about your spouse, could you face a fine? sending your kids to summer camp this year. bass pro will tell you how to do it for free. stick around. butter churning, making ice cream. good job! still runnng in the morning? yeah.

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helicopters dropping 1 million rose pedals a tribute from france to honor world war ii. 21 gun salute to honor veterans of the war. all right. well, we are back outside on the plaza. welcome back to "fox & friends." here, this is a story that could be a considered a sign of the times. couples getting together when they are married instead of signing a

financial prenuptial agreement, signing a social media prenuptial agreement that if i tweet badly about you or post badly about you on facebook. unattractive pictures of you on instagram, the whole thing is off. i'm getting my lawyer. >> actually being upheld in a court of law that i would have to pay you money because i took a bad photo of you or said something untoward toward you. >> a sliding scale. uber wealthy as much as auto thousand dollars. >> i'm appalled by this obviously because i have been married a long time. woo do this? >> no. this is something that would happen more in my generation but it just sounds terrible. i think prenups in a lot of ways are a way to set yourself up for failure. >> an admission of defeat before the fact? or is it setting up setting standards, setting some expectations about the future. hey, do not put anything up online. let's set this now so we are

not putting anything up of our kids. i'm not going to get new trouble. >> would you really marry someone whose judgment was bad enough that you had to put this print? >> when you marry them, hopefully you don't think that it is. you know, love makes do you some crazy things. >> would you guys ever sign a prenuptial agreement? >> how about social media. >> russell brand put that picture up at katy perry without makeup on and people are scoffing. >> take a photo of tucker and anna right now, smile. clayton morris on twitter. i'm going to tweet. this vote if you think it's terrible, would you break up with me? >> nude pictures and stuff like that. >> i would like to see is an agreement does need to be a legal one, of course, but that people will listen to each other at dinner. no more phone checking at dinner. no more ipads at dinner. >> we had a little talk today about what people are doing throwing their phones down the middle of the table

during dinner and the first person that picks up their phone to check it. >> pays. >> you like that idea? >> conversation bring back conversation. what this guy, he is on his phone. look at that would this cause a breakup? i'm going to tweet that what do you think? is this going too far? are are we going to start to see more of this? social media prenups? are prenups a good or bad idea in the first place? >> lawyer up. and then get married. all right. other stories making headlines we want to tell you about on your saturday morning. sergeant andrew tahmooressi, u.s. marine being held in mexico speaking exclusively with greta van susteren about the mind games and threats other inmates would direct at him. >> he would tell me about how he has killed people before. he told me that i have to stand tall and take it like

a man. >> yes. they could have tormenting me with mind games or they could have been serious. it could go either way. i don't know. >> tahmooressi's family has hired a new lawyer who will be focusing his efforts on the long time tahmooressi spent at the border. tahmooressi has been at a mexican jail for more than a month after making a wrong turn. caught on video. a soda machine blown to pieces outside of a philadelphia business. the blast so powerful, it shattered windows, threw debris nearly 100 feet away and rocked a nearby neighborhood. >> on my back deck. talking to my son. we heard a loud explosion. it was it shook the deck and several houses around here from what the neighbors said. >> police say the bomb was homemade. they are now looking for a man who was caught on surveillance video placing an object inside the machine's dispenser slot. and caught on dash cam video. the dramatic moment police officers save a 6-year-old girl being attacked by two

vicious pit bulls. she was playing outside of her cincinnati, ohio home when it all happened. horrified neighbors saw it all happening and called 911. >> 911. >> yes, there is a pit bull out here eating up a little baby. >> officers arrived and scared the dogs off. she is in the hospital in critical but stable condition. both pit bulls were shot and killed after trying to attack officers. the dog's owner was arrested. and a florida woman's good deed sparks a chain reaction of kindness at chick-fil-a. cheryl miller was in line at the drive-thru and simply paid for the meal behind her. well, 20 cars later people were still paying it forward. >> i just did one thing and the rest of the community took on from there. it was a way for me to kind of pass on the love of god. to give somebody a surprise. >> miller says she was inspired because the chick-fil-a was hosting a benefit for her church.

i wonder if any of them had the peach milk shakes so good only around in the summer. >> i love the waffle fries. >> let's get it over to tucker standing by with our friends from bass pro. >> clayton our good from bass pro including our old pal here this morning. today is the beginning of bass pro camp. >> it is, tucker. i'm so glad to be back in new york city talking about the family summer camp going on in bass pro shops across the country. the event starts today like you said and runs through july the 139. it is a great family oriented event with lots of stuff for the kids. we have seminars going on. the entire time learning the basics of camping, shooting, hunting, fishing, water safety, backyard adventures and even bird watching. >> at the bass pro outlet. >> at all the bass pro shops across the country. wow, so how much is this? >> the cool thing about it is it's absolutely free. no charge at all. you may wonder like why are we doing this for free?

at bass pro shops we believe kids are the future of the outdoors. with proper education and conservation skills they can preserve for generations to come. >> put down the electronics and get outdoors. >> absolutely. one of the coolest things is when the kids complete one of these seminars. collectible pen with actual seminar. hunting and shooting. water safety, archery, fishing. so the more seminars they complete, the more pins they get, the more pins they get, the more they learn. >> show up at a bass pro store. >> show up at the store go online and look and tell you all the things they have got going on. some crafts. workshops going on. kids are going to be able to make their own rainbow. it's got a thermometer on it they can actually paint a wolf track. make their own magnifying glass. we have a camping book here for personal camping journal. everything they do while they are camping. the coolest thing we are doing right now. i'm over here, making some ice cream. i wanted to make you some. of course you were 7:00 in

the morning in midtown, manhattan, why not have ice cream? >> why are we making ice displeem. >> yeah. why are you making ice cream. >> during the summer camp every saturday 5:00 to 6:00. show up and making free ice cream for all the kids. no better way to beat the heat during a hot summer days. >> that is so cool. how do you do it? really crank it. >> yeah. we got a crank on it this machine here has electric motor where you can plug it in and forget it burn some calories before you indulge in that six quarts it's going to make. >> that will make six quarts, six quarts, during the event this thing is on sale for under 80 bucks. >> so much better than going to the gym. alan, thank you. we will be back with you throughout the show. cool stuff here i can't waited to talk about it. >> when you make the ice cream, you are burning calories for the couple hours that you do it. >> 99, 100 kind of like by

by -- bicep while eating snicker bars. >> the clinton administration and the new york yankees going head-to-head on the war on drugs? the latest revelation from the clinton library. co: i've always found you don't know you need a hotel room

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welcome back, quick headlines for you now. grand new clinton era documents show the had his eyes on darryl strawberry when he was signed by the team in 199 a. the administration worried that george steinbrenner was setting a bad example young people by signing people known drug problems to a big contract. they wanted strawberry to do community service. and after 18 years in marriage. melanie griffith and tony dare was calling it quits. citing irreconcilable differences in their divorce. this is griffith's fourth divorce and bandras' second. >> where rotc students training to be quote war machines? that's what the head of new york city council thinks.

councilman had this to say about the almost 1 had hundred-year-old organization. i have concerns about the way they go about recruitment. it contributes to a war machine. well, here is a message for councilman is member. thanks for joining us. >> thank you. >> when you heard the sun sillman these comments, what was going through your mind. >> i think they are largely misguided and misinformed. they seemed to be philosophical and doesn't seem to be any consistency within his argument. from what i can tell he hasn't had any testimony from students and also there is no attempt to really connect that what he thinks and what the students actually experience. >> you feel like this is causing you to be part of a war machine at all? are you required to join the armed forces when you graduate? >> absolutely not. no commitment whatsoever. i will be attending nyu in

the fall no commitment or orientation. >> congratulations getting in you have a free ride i understand. >> do i have a free ride. >> how did you get that. >> largely academic and can i can say definite whether i regards how-to-how i myself and rhetoric with rotc has helped me. >> the stability and consistency in what this is giving you and other students as well helps them to achieve well academically. higher graduation rates. less disciplinary problems. screen show our viewers here. they have a higher gpa and lower dropout rate. so, is this something that you have seen firsthand maybe, i know you joined as a freshman and you are now a junior, you have seen anybody's life transform from this aside from your own. >> absolutely. there is this community aspect we want to foster a community of support. support bridges for others. there is definitely the sort of nobody gets left behind. so if somebody needs help we can guide you to the right

people. if you need someone to talk, to can you can definitely talk to people and it's sort of mutual trust-building. >> a nice way for people to have discipline as well, exspecially at this young age, it's a formative time. a lot of these rotc programs are thriving in inner city areas where oftentimes there is a lack of a father figure. you have noticed that these leaders for rotc have helped guide young men and women? i can can personally attest to having role models in rotc and both instructures and upper class men when i was a freshmen they can definitely act as these great role models for jrotc. loyalty, duty, respect, selfless service. really the leadership values. >> it teaches you team work without being on a sports team in a lot of ways, too. >> um-huh. >> the councilman, if he was sitting right here. what would you say to him? >> i would ask him to reconsider his position but i would also welcome him to

xavier. i can't speak for the xavier administration. but i would be pleased to show him, you know, what really goes on with the jrotc what we value and really what we would like to communicate to the community at large. this is a program for good. >> is the military in your future? >> it might -- it might be. it might not be. i know that what i have learned in the jrotc is that can apply what i have gained from that program to any field i wish to pursue. >> you are so poised. thank you so much for your time. >> thank you. you look very spiffy this morning as well. >> 49 minutes after the hour. coming up. pot maying legal in colorado. causing a whole lot of illegal problems in the united states. the price of pot no one saw coming. if you have got money on today's big race at the belmont stakes. you may be praying for divine intervention. meet the chaplain of belmont who is bringing church to the track. [ male announcer ] if you suffer from a dry mouth

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because when he has -- test, he will receive the crown of life. >> belmont park's chaplain starts race week with a jockey devotional. prayers to help workers. he helps with i don't care jockeys, trainers, and

groomers. spending his day taking care of those who take care of the horses. very few times for a stable worker to head out to a local worship place. and that's where we come and we bring that to him. >> part of a network of about 40 chaplains working at tracks throughout the country. >> there is still things happening whether it's at belmont stakes or not there would still things happening. crisis we need to attend. situations it that would need our ears and efforts to be involved in. >> he believes his job as chaplain is a divine calling especially at belmont which has one of the largest workforces in the industry. >> this is your congregants maybe here? >> absolutely. and from a hot workers, to grooms, to exercise riders. >> this is where you bring church to them? >> yep, absolutely. >> as triple crown fever bears down on belmont. is he carrying on business as usual including meeting with california chrome's assistant strarn.

>> what do you talk about when w. a trainer like that? >> basically that we are here. we are here for their workers. anything they might need. we are here for them. and obviously just to let them know that we are praying for them. >> former jockey andrew knows of chavez's work here firsthand. he was paralyzed after falling from a horse during a race seven years ago. >> chaplain came right away and he was right there at the hospital. he was the first one there. >> the racetrack chaplain is a nonprofit program completely funded by donations. in elmont, new york, lauren green, fox news. >> so if he can help with some the betting that would be a good thing. if you have no idea how to bet on a horse, we is have an expert coming up how to break down the score card. how you pick your horses how much money you put down. people are even betting. buying the $2 ticket. >> you win $1 if you save the ticket. >> saving the ticket because they want the ticket stub as a souvenir. >> always bet on intuition

combined with the name of the horse intuition combined with the name of the glors california chrome. it has a nice ring to it. i like that name. >> coming up on the show. following breaking news for you actor tracy morgan hospitalized and in critical condition after a car crash involving six cars and a tractor-trailer. bring you the latest at the top of the hour. >> and he was advised against the prisoner swap from top military personnel. but the president did it anyway. governor mike huckabee says that's because he thinks he knows best. the governor joins us live. whee you've learned a thing or two. this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have.

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good morning, everybody, i'm anna kooiman, we begin with a fox news alert. actor tracy morgan in critical condition this morning after horrific six car crash overnight. the breaking details straight ahead. >> and the president's top military advisors warned him against the prisoner swap for bowe bergdahl. so why did he do it anyway? governor mike huckabee has insight. he joins us in a minute. >> history could be made at belmont park. california chrome takes on the final leg of the triple crown. how do you cash in the betting tips that you will only see here. "fox & friends" hour three starts right now.

>> hey all, this is blake shelton, i have been drinking and i'm watching "fox & friends." ♪ ♪ >> you see the horses there stretching their legs in belmont, new york at belmont park getting ready for the third leg of the triple crown possibility for california chrome. unlikely horse and unlikely jockey and unlikely trainer and a lot of people betting on him. >> we will have the betting tips coming up live on the show. governor mike huckabee is here on the show. >> i have never bet on arrests who. i got the inside scoop on who is going to win belmont today. >> you do? >> i can tell you. the fastest horse. that's who is going to win. if you just bet on the fastest horse, you are going to clean up.

>> that will be california chrome. >> may be. i don't know much about it. >> we have brand new developments and facts to add to the controversy surrounding the release of boeing bergdahl from captivity in exchange for five terrorist prisoners. we now know, according to reporting by the fox news channel that the president's top military advisors advised him directly against. this here is the quote. senior military officials had advised obama not to make the bergdahl trade li over five four star jerntion general's to the taliban. does that surprise you. >> it doesn't surprise me. this president has never listened to top military advisors. take a big picture look. the president of the united states is a civilian. our military is designed to be run basically by civilians so that you don't have a military takeover. you don't have a military-run government. that was intentional on the part of our founders. i don't think they ever imagined that there would be a president who didn't listen to the military and work in cooperation and

partnership. i would put it this way. if this were the 1950s and we were going to create a television show about the president, we would call it obama knows best. because that's the way he has approached this presidency. he knows more than even the people who have been shot at. that just is amazing to me. >> general jack keane talking with megyn kelly last night on that particular issue that there is a laundry list of generals and military officials that the president hasn't listened to. take a listen to the general. >> here's the issue. general mcchrystal, general petraeus, general alston and general allen and now general dunford have all made recommendations to this administration on war policy issues in iraq and afghanistan, and the president has rejected summarily every single one of them during force levels, residual forces, et cetera. it doesn't surprise me that on an issue as contentious as this is, particularly the generals as close as the fight in the theater made a

recommendation that we should not it make this trade and provided the rationale for it and that was ignored and rejected as has all of their other recommendations over the past four to five years. >> isn't that one of the best ways to tell a good president is to is see who they surround themself with and listen to sound advice when they know best? >> and you want to have people around you who will tell you the truth and disagree with you. president obama surrounds himself with people who not only won't disagree but they steer him. i wonder who do you think maybe knows more about national security and the military? valerie jarrett or a four star general who has gone through the war college at west point who has been in combat who has led troops. who has worked his way up the ranks to second lt. to four star general. who do you think might know a little bit more about that? this is air divant administration and one more example of it. >> what do you make of the president and members of the staff coming out and

doubling down on their comments this week basically sticking by the decision to bring bowe bergdahl home, the wave in which they did it, the rose garden ceremony and susan rice coming out when she made the comment that he served with honor and distinction. this week she was asked about it and she doubled down on this. take a listen. >> i realize there has been a lot of discussion and controversy around this. but what i was referring to is the fact that this was a young man who volunteered to serve his country in uniform at a time of war. that is itself a very honorable thing. >> really? because nidal hasan actually fits the same description. >> yeah. >> who shot up fort hood. >> there is another issue to think about. there is -- in fact, the young man that you had on from the junior rotc knows a lot more how the military is supposed to operate than apparently anybody this administration sitting at the white house making these decisions but there are military decisions, there are national security decisions. and then there are political decisions this was driven by politics. not by interest of national

security. not by interest of what is best for the military this was driven in order that president obama auto could have a nice political moment in saying that i rescued a soldier and after all these bad va stories. he needed to change the narrative of his position as commander and chief. unfortunately this cigar blew up in his face don't listen to the real people just let susan rice say he served with honor and. >> of all the people the last person would be susan rice whose credibility was shattered after the benghazi situation when she made went out and made the ridiculous claim about the video. >> what did you make of the "new york times" pieces overth past week, opinion pieces basically laying claim to this idea that it was the platoon's fault, that we knew that this guy bowe bergdahl he liked to among the roses and he would be out there and sometimes he would wander off. that's okay. that's who he was. it was really the platoon's fault for him having deserted. what did you make of that?

>> i will tell you i have it on good authority what really happened was this guy had been reading the "new york times" and that's what made him kind of go over. there is a reason that even the chinese government refuses to allow you to access the "new york times" in china. because they have an understanding that they, you know, there are certain things they will let you see. but they don't want to let you see things that are so subversive too much for the government. >> we interviewed enlisted man who served with bowe bergdahl in afghanistan. asked him what do you make on attacks from the left against you and your credibility, blaming you for his dissession? and here is what he said? >> i think it's pretty outrageous claims to it kind of pretend guys served the country in iraq and afghanistan. to say we are not credible sources after our service and looking for this guy that they are now lauding his return, it's an outrageous claim. he made the choice to join

the army. he went to afghanistan. that's great. but you canned look at what you ever currently doing. you have to look bam being back. he' left the post. he did i settered it was not at all with honor and distinction stipulation it's an insult to say that who everyone who went over there and served their time. >> you have an american flag on your soldier and we are one in the same when we are out there, how do you respond? >> i think it's important. tonight, one of the guest on our shows is going to be wesley bradley part of the overall group that went out and looked for him and headed occupy that operation. a lot of these soldiers were frustrated. they would still go get him because is he still an american and deserves that level of respect. the bigger question the one to me that overrides everything else do you trade him for five incredibly bad

terrorists who have murdered thousands of people? >> they want to continue doing it. >> these guys weren't in gitmo for stealing bicycles. they were in gitmo as the baddest of the bad. and they are essentially going to run around in qatar and nobody is really monitoring them. nobody is keeping an eye on them. they are going to be right back in the fight before we know it and i just can't imagine what the president was thinking, who advised him and how he couldn't see that this was going to be an absolute unmitigated disaster. >> great point. governor will be back with more great points as we are going to keep you around for our next block in just a moment. pressure on you now, governor. >> big pressure. >> first we have got some news. >> get to the other stories making headlines. tracy morgan in critical condition this hour after a deadly crash on the new jersey turnpike. hospital where morgan is in intensive care. the 30 rock star was traveling in limo bus that overturned around 1:00 this

morning. state police say the crash involves two tractor trailers. one semi came up on slow moving traffic and caused the crash. six passengers were riding in the bus. at least one person was killed. three others, including morgan are in critical condition. the actor likely traveling back from a show at a delaware casino last night. we will will continue to follow this story and bring you breaking details as they come into the newsroom. overnight. gunman storm iraq college campus in the anbar province taking students and professors hostage. the militants seized anbar university after killing security guards and blowing up a near bridge. the gunmen have since withdrawn. officials not saying if any students or staff were hurt. iraq is currently grappling with worst surge in violence since 2007. and this is one lucky dog. he survived 18 hours trapped underground after a mud supplied guatemala.

capturing the attention of the rescue workers. the dog dubbed the lucky one. said to be on the mend. we are pulling for you, buddy. those your headlines. >> pulling for janice dean. >> i threw down the gawntlet earlier in the show. if she could work horse related puns that every weather hit on the show. >> she would get a sugar cube. >> so far so good. >> interview segment a few minutes ago you failed to do a horse pun. we are keeping a tally. >> so, later, later clayton i'm going to be ponying up to the bar to drink some of this. this is the official drink the belmont joule. kentucky straight bourbon whiskey. hits will be much more entertaining throughout the morning and afternoon. talk about the weather. beautiful, beautiful amazing day hire for the 146th

belmont stakes. 36 years since we have had a triple crown and california chrome might be bringing it home. the weather here is going to be perfect for the race time 6:auto. 100,000 people are going to be here in elmont for the belmont stakes. beautiful picture-perft day. today is gorgeous. across the country though we could have the threat for severe weather. keep that in mind especially across the plain states. tennessee river valley. mississippi river valley. no watches and warnings to tell you about. we will be sure to-to-do so throwlt the day today. giddy up. >> i think that was two for a total of six so far. >> i counted three but we will figure it out in the commercial break. meanwhile, hillary clinton's new book is called hard choices but did she actually write the book? if she did, did she do it to erase her past? governor huckabee is back with that. >> and i do. now, would you stop tweeting, please? would you go along with that we are talking social media prenuptial agreement. yes, it's a real thing and

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i really never even knew barack obama. you have to think that

hillary clinton wishes she would have stayed in the senate rather than to become secretary of state because she owns those four years plus that she was secretary of state. she owns that period of time in which the relationships we had with every country in the world went to the toilet. think about this. i have asked democrats friends of mine name a country in which we have a better relationship with them now than we did in january of 2009. and even the staunchest supporters of this administration cannot burp out a name. >> canada? >> a lot of miles and a lot of stamps on her passports. she can put that feather in her hat. excerpt we want to share with everybody. no one likes to lose a he debate including me but this was the president's call and i expected his deliberation and talking about syria and red line. from the beginning of our partnership he promised me that i would always get a fair hearing and i did. in this case my position did not prevail.

is this her way of backing away from the president and changing her record and putting this out here before people really start talking about the election. >> absolutely. trying to distance herself from the record of the administration. there will be another book come out before 2016 called, honey, i didn't shrink the economy. somebody has got to answer why the policies of this administration have shrunk the economy. she can try to say look, i had nothing to do with it but she joined this administration. she is part of it she has to defend it. she is trying to separate herselves from it but i would say good luck. once you wear the team uniform, you are responsible for some of the things that happen with that team. >> we also heard this week that they released a quote from the book ahead of time about her involvement in the bowe bergdahl decision and basically saying she knew it would be hard for the american people to swallow. obviously deliberations going on for years. was that smart to float that coat quote out there ahead of time? >> once again trying to protect herself and insulate herself from the truth. the truth is if she was part of those discussions, then i

think we have to ask. why was your advice so insignificant that the president didn't listen to you? >> she did advise him differently on these issues. then the response i would give her is mrs. clinton, are you saying that your advice, your council to the president was taken as nothing so he never really listened to you? what she is doing now i urged this, didn't too it. i urged this, i didn't do it. gosh nobody was listening to me. >> generals are saying -- top military were not being listened to. was it also maybe the same way with hillary clinton? >> also she is a forceful personality. basically conceding she couldn't -- what do you think hillary clinton's book ought to be called? send us your suggestions here. can you tweet them and email them. shout loudly, we will hear you. governor huckabee 8 p.m. tonight on the fox news channel. who do you have coming up. >> major in the army who was there in afghanistan. we also have senator lindsey

graham talk about its had comments involving impeachment. we will discuss that with him tonight. >> see you at 8:00 tonight. >> good luck on the horse race. >> you bet. >> coming up on "fox & friends" weekend. a neighborhood shaking up after a soda machine explodes. details on what went wrong. >> and marijuana may be legal in colorado but it's causing some problems for other states the price of pop that no one saw coming and he should have to pay. interesting. unforeseen consequences. stay tuned. [ male announcer ] hands were made for playing. legs, for crossing. feet...splashing. better things than the joint pain and swelling of moderate to severe rheumatoid arthritis. if you're trying to ma, now may be time to ask about xeljanz. xeljz (tofacitinib) is a small pill, not an injection or infusion,

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at least six headlines for you. twisters tore down power lines and uprooted countless trees. one tornado just northeast of denver in rogan danging a few buildings. no reports of injuries so far. we will keep you posted. caught on video a soda machine blown to pieces outside a philadelphia business. the blast shattered windows and threw debris 100 feet. police looking for a man who placed what appears to be a homemade bomb inside the machine's dispenser slot anna. >> in all right. it's the pricey side effect of legalizing pot that nobody really saw coming. some nebraska sheriffs say they are going broke legally bought marijuana into their state and they want colorado to pay up. here to weigh in is attorney lisa -- >> good morning. >> cities and small towns in particular saying we have these small budgets and

putting all of our resources into a problem that you have created not us colorado you need to pay up. >> exactly. >> you think they have a shot at this. >> they do. and there are a couple things you have to do. look back and philip morris cases where attorney generals got together imp studied legal marijuana laws. inconceivable to think that people would be crossing the border. the onus is on these very small towns. people still have constitutional rights you get caught with marijuana. you have a constitutional right. also some of them are incarcerated and the fees are astronomical. what should they do? they have to look to colorado and they have to look to their own legislature. >> i want everybody to take a look at this. this is in one county in nebraska, which is just north of colorado alone. 35 felony marijuana arrests

in 2013 this year and less than five months there have been 27. in the number of driving under the influence arrests involving marijuana has overtaken the number of those involving alcohol. so, it's clearly is a problem here. are there other ways that these nebraska small towns could go about it? is there ways that they can actually cash in on it? >> let's hope that they go the way of other thats that that -- laws that are out there. if you are caught with marijuana in your vehicle, it is known to be instrumentality of a crime. confiscate the vehicle and items in the vehicle and auction them off and try to recoup some of the loss. that's an avenue they can take and surely one i'm sure they will be looking at. on the other side of it, look, you go to colorado, you want to buy marijuana, colorado actually has laws in place that almost promote that people will be driving and smoking pot. you can't smoke in public places. you are not allowed to smoke in hotel rooms and you are not allowed to smoke on

buses. where are these people supposed to smoke. >> driving people to get in their car and light up. >> driving people to go somewhere. the most economical place would be in a vehicle, right? >> all right. see how this unfolds, lisa, thank you so much. >> thanks a lot. >> 27 minutes after the hour. coming up on "fox & friends" weekend. a burglar taken counsel not by the cops, try the garbage man. >> he kept hollering let me go, let me go. i can't breathe. i said you are not going nowhere. you are going to jail. >> two heroes speaking out next. looking for the perfect gift for dad? look no further. bass pro shops here with the best father's date day gifts ever. stick around.

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welcome back, a fox news alert for you. overnight actor tracy morgan was injured critically in a car crash that involved two tractor trailers and limo bus. he was medevaced from the scene outside the turnpike in trenton. here with the latest on the story is public information officer sergeant first class gregory williams. mr. williams, what you can tell us about the accident? >> well, the accident occurred at 1:00 a.m. this morning on the new jersey turnpike northbound. new jersey turnpike being i-9 a in new jersey. six vehicles were involved. two of those vehicles were tractor-trailer. one limo bus, one suv, and

two passenger vehicles. the limo bus, in the limo bus was tracy morgan. that bus was overturned. and he was transported medevac by helicopter to the hospital. robert wood johnson university hospital where is he in intensive care. >> so we understand the four men taken to the hospital, seven people were in that limo bus. do we know the conditions yet of the people who were involved in the crash? no i do not know the conditions. i just know that tracy morgan is in intensive care. >> our information is that two tractor trailers were involved in this accident, possibly one of them to blame. can you it tell us what caused this crash? >> it's an active investigation. no, i cannot tell you what caused the crash. it's an active investigation right now. that's all i have. >> you were interest to describe the scene for us,

sergeant. i do not have the visual of the screen. i know it's six vehicles and the tractor-trailer and that limo bus was overturned but that's what i have. >> so we're hearing that morgan was medevaced to the robert wood johnson hospital. does that mean by helicopter? >> yes. >> is that conventional will? does that happen often or suggest something. >> any time really serious motor vehicle accident and someone is in serious medical condition, then they are medevaced to the hospital, yes that is common. >> my father who worked with the emts drove ambulances for many, many years talk about medevac situations and often not favorable because many times with a medevac situation and correct me if i am wrong, sergeant, maybe involve head trauma? >> well, it could in some cases: not the case necessarily here. but, yes, any type of

serious injury head trauma injury would require a medevac type of transport. >> you imagine with this many cars involved in a cash like, this that the scene was just absolutely horrific. i know you can't respond too much about the cause, but, because it's an active investigation. do you know of any substances that were involved or any illegal substances involved? >> that has not been reported. there has been no indication of any illegal substances involved in this accident at all. but it is still an active investigation. and that's just a preliminary report. but,. >> so we don't know the conditions of the other men at this hour. that were involved in the crash. but as you were just telling us, tracy morgan in critical condition, medevaced to that hospital. >> yes. >> okay. >> what a tragedy. >> thank you, sergeant. we may have to get back to work on this. thanks for keeping us up to date on that. we have more news here on

fox news channel as the morning and story develops. >> have some other stories i want to tell you about this saturday morning. hundreds of illegal immigrant children are on their way to arizona and joining hundreds more already there it's a policy january brewer calls quote inhumane. border patrol in texas overwhelmed by a surge of illegals. they have been shipping thousands of them to arizona. brewer says she is quote disturbed and outraged and wants the obama administration to stop sending illegals caught in texas to arizona. trash collectors saved the day in largo, florida. >> we seen this young girl come rubbing outs of her garage screaming hysterical. someone is trying to get me. she told me come here, come here, look, look, look. that's when mike spotted this man, suspected burglar matthew oliver trying to get away. he tackled him to the ground and oliver pulled a knife. kowalke's boss stepped in.

>> the hand where you put your fingers into the grip and put my fee knees down on his chest and tried to hold him down. i said you are not going nowhere. you are going to jail. >> the two men said they are not heroes they were just at the right place at the right time. >> are junior rotc students -- >> daniel drum had this to say about the almost 100-year-old organization. quote, i have concerns about the way they go about recruitment. it contributes to a war machine. well jrotc member danny had a message for sun killman drom earlier on "fox & friends." >> he they are misguided. they seemed to be mostly fill sonk call and doesn't seem to be any consistency within his argument. i would be pleased to show him what really goes on with the jrotc what we value and really what he wield like to communicate to the community at large that this is a program for good.

program allows to you apply values to life. >> social media prenups. new trend among young couples we are told getting married and then signing this premunicipal -- prenup beforehand using social media no unflattering pictures or statuses that could hurt the other's career. otherwise, you could be fined. we asked what you thought about this. and if your thought pattern of your future spouse is that low, maybe you shouldn't be with that person. and don borden says if you need to sign this, you have no business getting married. and brendan says why even bother getting married anymore? those are your news headlines. clayton, over to you. >> thanks so much, anna, that time of year, kicking off. bass pro shop summer camp

starts today. also your headquarters for father's day. allen treadwell is here. welcome back to the show. >> thank you, clayton. if you think about it is, there any better place to shop for dad for father's day than bass pro shops? >> i can't think of it. you have everything. >> definitely not my father. dive in to what you have here. father needs a new watch. great outdoors sporting watches. >> watches on sale, rugged, come in all different sizes and style. come in under 10 bucks. >> 10 bucks? >> under $10 for that watch. >> wow, that's fantastic it. move on to, well, steve is laying down here. sleepingen oothe job. i want to get one of these for in the studio, hammock. tell us about this one. >> most people think you have two perfect trees for a hammock. not anymore. pops up in a matter minutes. lay in it if you are 6-foot 6 inches tall. no way to beat hot summer day than laying in the hammock. >> he has been working hard. these, some occulus bin

binoculars. >> 100% waterproof. i have a pair of these. only problem with the pair i have when i bought them they cost $230. during the sale 110 bucks. that pair is 120 bucks. >> wow, they work. our viewers here on the plaza look fantastic. ma'am, you look fantastic, even better up close. >> see them all right through there. >> out fishing and drop these in, you don't have to worry about it. >> it have a hard time finding them. that's the other problem. find this to help you find some of the binoculars in the water. what is this? >> bobber from bass pro shops. this cooler right here floats. it's perfect. have it ride beside you while you are floating out on the water. easy to get. >> it won't flip over. >> only $30 during the sale. >> it has ballast on the bottom. clothes, too. you have really affordable clothes. >> they are great. i'm wearing one of these redhead polos, 10 bucks, the shorts is $15, for 2 a dollars full set.

come in a variety of colors. >> wouldn't be bass pro quowt fishing too. >> no what dad doesn't want. two piece combo, 30 bucks during the sale. dad will be ready to go fishing. >> i bought my rod at bass pro last year. i need to get new spool. >> he they will spool it right up for threw. that would be the perfect thing to get dad is this gift card. he needs something like that. he they are easy to get. ranked number one by scripts. okay? they easy to get. call 1-800-bass pro shops. dad can get what he wants. >> check out bass pro shops. head over there today. applause. back inside to you guys. you guys look fantastic. >> up next, good for your brain and won't cost you a dime. what is it? have to stay tuned to find out. >> then imagine taking your child to the doctor's office and not being allowed to hear their conversation with the nurse. meet the mother who is all fired up and fighting for her parental rights. next.

at up into more on the fallout over the prisoner swap of five dangerous war criminals for sergeant bergdahl. did the u.s. pay too high a price for bergdahl's freedom? also meet the man who helped raise triple crown hopeful california chrome. i'm uma pemmaraju, join us. [male vo] inside this bag exists

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have another reason for you to sleep, in here are some stories from your health. here you go, getting your zfrmts is good for the brain. the brain replays newly learned information while we sleep, building brain cells linked with learning. and those claiming a also pot never hurt anyone are wrong. researchers say teenagers that smoke marijuana are lowering their iq for life. each if they smart are the start smoking at an adult. teenagers memory and critical thinking are affected as well. okay, tucker picture this, take your teen to the doctor and the doctor and the nurses tell you that your child's visit is none of your business that actually happened to a michigan mom who snapped a picture of this sign. the sign states that the rear quote a nurse to have a short five minute conversation privately with your child.

but that mother was not passive and compliant, instead she refused to leave her teen daughter alone. that mom is christie duffy and she joins us now. christie, that's amazing. it's striking to me to think of how many parents didn't do what you did which was to say whoa, hang on a second here. so what did you do? you saw the sign and what happened next? >> well, i just simply asked if there was an option to opt out of the requirement because it seemed like that would be a logical thing to offer parents. i was told there was no opt out option. >> it was the law that a nurse had to sit down and talk about sex with your teenage daughter without you in the room, and had you no right to know what that conversation was about? >> yes, that's correct. at the time they were saying it was more about medical rights -- medical access laws, but it was made very clear that there would be much more covered in that conversation. >> so you just have to sit there while a stranger talks to your child about sex. by the way, if i i pulled a

teenage girl off the street and said come here, i want to talk to you about sex, i would be arrested. right? but somehow this was the law. is it actually the law? >> apparently i can't find a law that says that. we have been searching high and low to get some answers on that. i'm not actually even sure. >> here is what the hospital said. i'm quoting. we made a mistake as we work to implement new information systems for minors and we apologize for the error. we will not be implementing mandatory private conversations with adolescent parents. not exactly sure what that means. it's part of a much broader trend where schools and hospitals tries to displace parents and erode parental authority. you see this as ominous? >> i just see it as an erosion of parental rights. that's really what the issue is. if a parent wants to allow her child to be -- have that conversation with a doctor

or a nurse. that's totally fine. that's her right. but i don't want that right -- i don't want that imposed on me. i want the right to be able to say no, we will take care of these moral value trainings at home. >> yeah, it's not the place of a nurse to substitute for you and your judgment. what do you think would have happened if you hadn't done that? >> >> if i hadn't just spoken up about it? >> yeah. i assume most parents didn't speak up, by the way? >> apparently not. i don't know what would have happened. i know what has happened as a result. hundreds of thousands of moms have said this has happened to them. they weren't even given the heads up that this kind of a conversation was going to occur. so the best thing that's happened is that i saw the sign. i took the picture. and now parents know. they know that they need to stand up for their parental rights. >> because you are the mom christie duffy and thank heaven you remembered that and you were noncompliant and non-obedient. good for you.

thanks for joining us this morning. >> thank you, tucker. >> coming up, the "new york times" defends bowe bergdahl and defends his brothers in arms. blaming them for him leaving the base. a man who served with bergdahl is furious about that you will hear from him next. plus, place your bets. the belmont stakes are today. the third leg of the triple crown. our own janice dean is live on the scene. janice, what are the odds today? >> well, i know my odds are good of breathing right. these are the breathing strips that the horses use or at least california chrome does. this is whale what the horse wears. so he we're going to be talking about that and we are going to be talking about who you should bet on with rotunda of the breeder's' cup. spawfs, "fox & friends" weekend is coming up. de of.

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all right. it's one of the biggest days in horse racing history. today we find out if california chrome will be the next triple crown winner. >> what are the odds? a calculator is out and live in elmont, new york. what are the odds? who should re bet on? >> reporter: i can't give you all the odds but i have somebody here who will give you the odds. peter rotundo, vice president of breeders cup. full disclosure. we go way, way back. saratoga, about 11 years ago. i posted pictures. why the long face? there's another one. ding, ding, ding. how will we bet? i like california chrome, but will i make any money? >> a conservative way to bet. bet across the board, win,

place, show, but you won't win a lot. cash in a ticket? i won the belmont, won $7? no. go for the trifecta. the first three. one, two, three, any order. trifecta box. perfect trip, last two. get another perfect trip. rooting for a cripple crown. commissioner, reminds me of a horse who won 30 years ago. he'll hit the board and then boston's horse, wicked strong will be -- >> wicked strong! >> flying down the stretch, late, late, late and maybe a little photo finish and we'll see who wins. >> reporter: okay. why do you think it's been so long since we've had a triple crown? >> it's just so hard. right? this -- three races in six weeks and a mile and a half at belmont. this is the longest they're ever going to run again and the horses these days are bred to run a mile and a quarter, a mile and a half, never run this

distance. so hard to do and since 1978. >> reporter: how many people are going to bet today, do you think? >> how many people will bet? millions. the betting over $100 million total. >> reporter: okay. did you get all that? >> yeah. >> reporter: are you guys going to place your bets? i'll write it down. here you go. adorable. >> putting $11 on matterhorn, 2 30-1. >> what do you think? >> save your $11. >> laughs last. >> california chrome, losing steam in some of the sports books i frequent. and it looks like i'm going with -- i'm going with wicked strong. >> reporter: wicked strong! box it. wicked strong. >> california chrome, that's who i want, too. >> should be an easy winner. >> i knew it. >> reporter: doing a trifecta? >> no. all my money, every penny i've ever earned. >> what about tonalist?

>> tonalist? >> tlook good half the race and probably take a nap. >> reporter: all right. back in the saddle again. >> me, too. >> thanks. >> thank you. coming up, they're here illegally, now children of illegal immigrants are getting lawyered up and you're paying for it. the obama administration, those who come to the country illegal, the country next hour jarngsd the woman behind "son of god" roma downey joins us here. dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria and helps dissolve stains. that's why i recommend polident. [ male announcer ] cleaner, fresher, brighter every day. [ male announcer ] cleaner, so, if you're what ysleeping in your is youcontact lenses,

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♪ hey, everybody, good morning. it's saturday the 7th of june, 2014. i'm anna. actor tracy morgan in critical condition an a horrific six-car crash overnight. morgan was medevac'd from the scene. we spoke with police and have the latest details straight ahead. and then susan rice said bowe bergdahl served with "honor and distinction" even after knowing he likely deserted. now she defends those comments. >> what i was referring to is the fact that this was a young man who volunteered to serve his country in uniform at a time of war. that is itself a very honorable thing. >> this hole is getting deeper

and deeper. we'll tell you what else the administration is saying this morning. he fought in nomenty on d-day. a 93-year-old veteran was told he couldn't go to the anniversary ceremony and suddenly went missing. guess where he wound um? we'll show you. "fox and friends" hour four, starts right now. hi, everybody. kristen chen wie, yin chenoweth watching "fox and friends." stick around. >> get out of your paddick. almost the fourth time at belmont -- in new york. of course, the big race today. could california chrome seal the deal? the first time in nearly four decades someone would wane triple crown. all eyes on california chrome. >> the first installment, ladies and gentlemen. >> everybody loves a good horse story. unlikely horse with an unlikely trainer sporting something

different than any horse that ever worn during this leg of the possibility of having a triple crown winner. >> so cool. >> the nasal strip. right? it was controversial at first, people thought, performance enhancing, drugs eninvolved? it's not. actually interviewed the creator of the flare nasal strips that he's wearing. it just holds the nasal passages open and is more humane because it keeps the lungs from bleeding. >> and controversial for aesthetic reasons. as a snorer, i have worn these. they're not flattering. >> when you sleep? >> i don't nanymore. >> do you wear the horse size? >> i could use the horse size. >> don't they promote sleep apnea? >> i have sleep apnea. other big forestories, including this. following what's going on with the bowe bergdahl case. and the "new york times" editorial board has taken to

blaming, or at least pointing to their sources, saying that the platoon that bergdahl was a part of is responsible in part for him wandering off the base. from time to time. in this piece, here's an excerpt from it, saying, a classified military report shows that sergeant bergdahl had walked away from assigned areas at least twice before and returned, according to a report in the "times" thursday. describing him as a free-spirited young man who asked many questions but gave no indication of being a deserter. let alone the turncoat mr. obama's opponents are trying to create. if anything, the report suggests that the army unit's lack of security and discipline was as much to blame for the disappearance given the sergeant's history. >> so basically, all of the platoonmates, the primary sources who consider come out speaking out against bowe bergdahl and think he did desert us and were offended and some other brothers killed while searching for him, they feel this is just a spit in the face.

jordan vaughan, u.s. army veteran who served alongside bergdahl on "fox and friends" earlier had this to say. >> i think it's an outrageous claim to pretend all of these first-person sources and's everyone that was there is just non-credible. we're guys that served for the country in afghanistan and to just now say we're not credible sources after our service and looking for this guy that they're now lauding his return, it's an outrageous claim. he made the choice to join the army. went to afghanistan. that's great. but you can't just look at what you're currently doing. you have to look back, and looking back, he left the unit. he abandoned the post. you know? he deserted. it was -- not at all with honor and distinction, and it's an insult to say that to everyone who did go over there and serve their time. >> an insult to say that, of course, the national security adviser susan rice did say that and some suggest susan rice was

one of the driving forces behind the deal in the first place. she was given a chance to retract those words. and she didn't. she said, look, this guy served. he joined during wartime. she described the exact conditions that would apply to basically anybody in the military, including nidal hasan who shot up 35 people in fort bragg. >> enlisted giving him honor and distinction. >> a nonsensical point. they were caught acting against evidence that this guy had abandoned his post. they ignored it. went forward anyway for their own reasons were busted doing it and have not given an inch. we'll see how that works. here's mike huckabee's response. >> of all the people to defend the administration the last person would be susan rice, whose credibility was shattered after the benghazi situation when she shade the claim about the video. there are military decisions, national security decisions and

then political decisions. this was driven by politics. >> hmm. >> driven by politics. >> for sure. you know, meanwhile, members of his platoon say, you know, they would never want their lives swapped for an enemy. that was governor huckabee. brought up a great point. at the end of the day, an american missing. try to find him. do whatever you can to get him back. his point, you don't necessarily swap five war criminals to get someone back. >> who vowed to continue fighting and that they want to kidnap, too. this is another interesting point. megan kel hi a panel of guys who served alongside bowe bergdahl. every one of them said i would rather die in captivity at the hands of the haqqani than have these five all-star taliban returned to qatar and then afghanistan. take about listen. >> well, i can't speak for any of them, myself, personally,

i -- would never expect for somebody to trade my life for prisoners. ever. never. >> i think we probably have all -- after this happened, talked to our families and said, if that was me, leave me there, because i signed on the line to die for my country. >> yep. >> i mean, i deployed. expecting, not expecting, knowing i could die. if i dgot captured you're going to release five ptaliban leader? i'm just one guy. they just let them go. >> you'd rather die -- >> every single one of us i think would say that. >> unequivocal. let us know your thoughts on that. friends@fox.com. actorkr -- tracen morgan in critical condition. involved in an accident. new video from the scene just in to "fox and friends."

the crash involves two tractor trailers, a preliminary investigation finding that one semi came up on slow-moving traffic and caused the crash. morgan and six others were riding in the bus. at least one person was killed. the 45-year-old actor likely was traveling back from a show at a delaware casino last night. an outpoors of support this morning. singer josh groban saying, oh, no. wishing tracy morgan full recovery and everyone else involved in the crash. also, prayers go out to tracy morgan and his family. in another fox news alert, gunmen storm a campus in iraq taking stuthts and professors hostage. the militants seized anbar university after blowing up a nearby bridge. the gunmen have since withdrawn. officials not saying if any students or staff were hurt. iraq is currently grappling with its worst surge's violence since 2007. and young immigrants facing deportation now getting free

counsel from the united states government. the obama administration shelling out $2 million in grants for 100 lawyers and paralegals to enroll in the program. the initiative intended to help children under the age of 16 not in government custody but have been summoned to immigration court. the millionaire behind the hidden cash frenzy in california, hidden no more. jason bootsy made his millions by flipping real estate. two weeks ago he start add twitter scavenger hunt. tweeting hints where to go find envelopes hiding with money inside. he says he just want to give back, even though he's been revealed, the palo alto resident says he won't stop giving some money away. you know, some of these envelopes were full of, you know $20, $50, $100. not enormous amounts of cash, but the it's novelty of it. right? everybody loves -- >> the nerd in me thinking, a service calls, if then, then

that, dot com. set up a text alert that the moment this guy tweets it would send it triright to your phone, could be ready for bag of cash. >> of course, you have to leave your job in order to do that. >> forget the job. >> he was in a bar fight -- >> sleeping during headlines. >> lie californlike california . a blast of oxygen. my lungs won't bleed as much with this on. >> at the horse track right now, i don't know. do you want additional oxygen down there? a smell of horses? >> kind of like it. >> smell of horses in the morning, you say you like? >> reporter: i do. i just have the to have an allergy pill before i come here. that's all. but we were talking about california chrome and the breathing strips. they were thinking perhaps he wasn't going to be able to wear his breathing strips here at the belmont, but they've since said, no problem. and a lot of the other horses are now wearing those big breathing strips. so kind of interesting. california chrome, of course, the one to beat.

it's been 36 years since we've had a triple crown here's at the belmont stakes. 146th year for this. 100,000 people coming out today. already public transit. long island rail road, goodness, going to be pretty jammed across long island and people placing bets at 11:00 and, of course, we talked about betting earlier on. trifecta is the way to go. i'll place were bets very shortly. the weather here today, worried, obviously, is it going to be a mutter? rainy? a lot of rain friday. temperatures are perfect. it really does feel like a california day, and maybe that will give california chrome a little bit of a legup on the other horses. but today across the central u.s. looking for the potential of severe weather again. we had several reports of tornadoes last night across the plains states and potential for more strong storms as well this a afternoon over the same areas of the plains state and in towards the tennessee and mississippi river valley. we don't have any watches but a

couple severe thunderstorm warnings. there's your threat today. just be real careful if you live in these areas for the threat of hail and damaging winds, even isolated tornadoes and we'll see the potential for heavy rain, four to six, even eight inches, over the next several days. be cautious of flooding. okay. we're getting set. hopefully i've put an order in for a belmont jewel, which is the belmont stakes official drink. i'll let you know how it tastes. i mean what time is it? 5:00 somewhere, i'm sure. >> we've all got breathe strips. what's the verdict? >> i think they work. >> i'm using now more percentage 6 my brain than usual. >> 100%. freed up whole parts of it. coming up, five terrorists sent back to the meefrt aiddle d our next guest says the president is working on his legacy, not in the best interests of the united states. and the woman behind "son of

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four-star generals to the taliban. what senior military officials told president obama about the bergdahl trade before it took place. so why did the white house go ahead and make the deal anyway? joining us now, the author of "lights outout: islam and the f speech" sounds like not only a bad idea for the country but also really dumb. what was the point, do you think? >> yeah, i don't think it's a deal at all. i think in a sense the bowe

bergdahl end of it is a distraction. he's the pretext. what hitchcock in his movies used to call the mcgoughen. he's the idea there is some kind of a deal but in fact there is no deal. it's a straightforward release of five of the world's most dangerous and murderous and bloody war criminals back out on to the world scene without getting anything worthwhile back in return. so there is no deal. it's a straightforward release of the taliban's best guys on the taliban's terms. >> but why? i mean, i agree with your characterization completely, but why would the president want to do something like that? what's in it for him? >> well, because i think his priority between now and the end of his term is to get himself back on side with the democratic party's left wing base, and that means the anti-war, and the people for whom gitmo, which is the most luxurious prison camp

in the world. it's the only death camp where people put on weight. these five guise are going back far more bulked up, porkier, than when they landed will. people feel it's a death camp, a prison camp. he came in proposing to close gitmo and he's going to close gitmo even if it means releasing war criminals wanted by the united nations out on to the world stage again, because closing a prison camp is more important to the left wing in this country than winning a war. and that's actually the problem. >> so now year hearing from the "new york times," not strictly part of the white house operations but a first cousin. >> not strictly. >> that the real problem here were the other men in bergdahl's unit. they were so undisciplined and flaky that basically they drove him out of the post. they forced him to desert. and cross over to enemy lines. what's that? why attack them?

>> yeah. i mean, this, to me, is actually offensive. yesterday there's a bunch of guys who came in, landed by glider shortly after midnight on pegasus bridge behind german lines at a bridge that the germans had boobytrapped, and noble made excuses for them. those guys all had to perform. and the idea that somehow -- somehow the military created the conditions in which this flake took to sort of wandering around, talking to the fairies in the twilight of the hindu is disreputable even by the "new york times." the fact is defers in war is a serious business and the idea that, you know, obama's line in brussels, we leave nobody behind. this guy left america behind. >> exactly. >> and throughout all of human history, that's been very clear, at what a deserter is and what

the penalty for desertion is, and obama created this rose garden ceremony in effect as cover for losing these five killers on to the world, and that's why they went around, susan rice and all the rest of it, trying to dress him up as some kind of war hero captured on the battlefield, as susan rice absurdly said, because they needed the pretext for what is in effect an abject surrender for the taliban on the taliban's terms. >> their version of honor and distinction. thanks for coming on this morning. >> absolutely. an 89 yard veteran told he couldn't go to the anniversary ceremony. then he went missing. guess where he showed up? that's in a minute. and the woman behind "son of god" sits down with us, next. stay tuned.

so i get invited to quite a few family gatherings. heck, i saved judith here a fortune with discounts like safe driver, multi-car, paperless. you make a mighty fine missus, m'lady. i'm not saying mark's thrifty. les just say, i saved him $519, and it certainly didn't go toward that ring. am i right? [ laughs ] [ dance music playing ] so visit progressive.com today. i call this one "the robox."

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mattresses with sleepiq start at just $999.98 because everyone deserves a great night's sleep. know better sleep with sleep number. welcome back. quick headlines. 37 v.a. whistle-blowers claiming retaliation within the agency after complaining about mismanagement and patient abuse according to federal investigators. employees from 28 v.a. facilities in 18 states say they've been targeted. half of the complaints after secret waiting lists first surfaced. brand new details about the american being held in north korea. jeffrey edward fowl was detained by of a bible he left in his hotel room. apparently that's against the law there. he is the third american being held in north korea. anna? well, now you can become part of the phenomenon that

captured audiences across the nation. take a look. >> come with me. >> what are we going to do x. change the world. >> "son of god" tells the story of jesus following him through his birth and resurrection and beyond. joining us now, actress and executive producer of "son of god" roma downey. good morning. thanks for joining us, welcome back. >> thank you so much for having me back. >> what do you attribute up a the success of "son of god." here in february when this came out and now it's on blu-ray and dvd. what do you attribute your success to? >> it's just been phenomenal and so exciting. i think that people were just keen to see jesus back on the big screen. his story hadn't been told for almost a decade, since "the passion," and "son of god" really takes you on a beautiful journey through the whole course of pes lifhis life, the lead pl a portugal actor who brings strength, he's the lion and the lamb, and i think it allowed

people who didn't know jesus to get to know him, and people who already know jesus to fall deeper in love with him. >> how much of an hon sir this for you to get to play mother mary? >> just brilliant. you know? to get to step in to the role. i can't even imagine what she must have been feeling towards her son. >> moderator:erred in such a way. i have loved jesus my whole life, and it was a real privilege to be able to bring this movie to the screen, to bring this story to the screen for a whole new generation, and i know that there are people like me who don't have time to go to the movies, you're working, raising your kids. so when the dvd finally comes out, it's an opportunity to gift it or just put it on yourself and put your feet up and finally sit down and enjoy it. >> the popcorn in the microwave, pop it, sit on your couch and enjoy it time and time again. >> that's right. >> interesting about this, too. you say you really want to make sure you meet the modern audience, where they are, with this sort of medium. and how did you make sure your

character, as mother mary, and all of those as well, jesus and the others, were relatable, to today's people? 2000 years later? >> as well as bringing the story to the screen truthfully, authentically and to that end we worked with scholars and experts to make sure we were accurate, we knew he had to tell the story in a human way. these were flesh and blood characters with real feelings, with real struggles and hopes and fears like we have. we also wanted to make sure that everybody looked authentic and gritty. some of those bible movies i remember watches as little girl, everybody looked like they needed to go to it dry cleaners. we were there with bags of dirt making sure everybody had has rough and raw feeling, but i think the theme through this ultimately, it's a love story. god loved us so much he sends jesus for us, and jesus brings us home. >> and all of us are flawed except for the perfect character, jesus. >> of course. that's right. >> roma downey, thank you for

your time. >> thank you so much. 2000 years later. up next, the u.s. marine locked up in mexico for take a wrong turn speaking out about his abuse at the hands of his captors. plus, california chrome vying for the triple crown today and there live, hey, j.d. >> reporter: hi. we are going to place the bets very shortly. the betting is going to happen around 11:00. but i have a guest coming up that will talk about the other contenders. talking about california chrome a lot. there are other great success stories with some of these horses that are going to race today. stay tuned for that. we are live at the belmont stakes, the 146th annual belmont stakes for the triple crown possibility. will california chrome bring it home? stay with us for "fox & friends weekend." i ys say be thman with the plan but with less ergy, moodiness, i had to do something. i saw mdoctor. a blood test showed it was low testosterone, not age. we talked about axiron the onlynderarm low t treaent

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when you book at wyndhamrewards.com. ah, know it when you smell it. >> cinnabon. >> the most delicious things ever. >> grateful to have -- the president of cinnabon. >> when you walk through a mall, an airport and smell it, it's like bugs bun around the cartoons when you're lured to it. >> cinnabon now, the president joinings now. new iced coffees, too. >> we do. today from 1:00 to 5:00 in all the locations in the u.s. we're giving away free cinnamon roll-flavored iced coffee.

we take our famous cinnamon roll flavors, some already made in these giant sippy cups there for you. >> really good. >> and then we also blend it with a little caramel, where we do our signature swirl. >> oh, my gosh. >> shockingly i've learned how to do this. >> oh, yeah. >> and then put a little cha latta action in there. we blend it with ice. already done that for you. >> hmm. >> hopefully i don't spill this. >> the president of cinnabon, you know how to make all this stuff? >> i do. >> here'slatta. blended with ice. >> who wants it? get after it. get after it. >> what's the verdict? >> are these alcoholic? >> no. we do have cinnamon vodka, but it's not in the coffee today. >> good. >> cinnabon vodka? >> yes. pinnacle cinnabon vodka. >> the one i gave to him, was that loaded? >> no, no. no alcohol in these ones. sorry. >> are you of age?

are you of age? >> fabulous. >> cinnabon k cups, cukeurig, green mountain k cups. over there, all kinds of good stuff. >> yummy, yummy. >> people love the flavors but some want it in a beverage that's fat-free. you can have the coffee or the vodka. >> breakfast, lunch, finish it off dinner with cinnamon. >> your my favorite corporate president i've ever met. >> know how to indulge responsibly. >> thank you for joining us. and partaking did that order ever come through for that special beverage out at belmont park? >> reporter: i know. i've been waiting, but i don't want to stir up controversy. there's another one. ding, ding, ding. >> that wasn't a horse pun. >> how about this -- >> reporter: come on. how about, you winny some, you

lose some? >> or -- >> reporter: or the, don't are a nay-sayer. >> that's awesome. >> what's the total? 30 puns for the morning. >> good job. >> reporter: we'll check. i'll be here all night. but i want to introduce somebody to you. we're going to talk about, obviously, california chrome and the odds of california chrome winning the triple crown, but i want to bring in christina, the editor of "thor breoughbred new dot com. people are excited. we want a triple crown. there are amazing horses in this race. >> you know, all the years i've been doing this, you just -- you learn to -- i love the sport and first and foremost before being a horse racing professional, i love this game, and just to have this kind of opportunity for california chrome, you don't want to take anything away from him, however, a couple of horses including wicked strong, and wicked strong, he's named after, named in honor of the boston marathon bombing.

and so it was a tremendous -- the owner centennial farm, the president of that organization, he's from boston. so it was very -- it's a big, you know, a huge thing for them and they also donate a portion of the horse's earnings to a fund to honor those victims. so it's really -- it's not only a great cause but at the same time he's really a good horse. he won the wood memorial, a grade one race. ran a very good race in the kentucky derby to win fourth and training up a storm. he'll do well. >> reporter: why has it been so long? 36 years since a triple crown. 1978, when affirmed won. why has it been so long? >> steve kaufman, rode affirm, standing feet away from us, a young jockey to actually do that. because the landscape of horse racing has exchanged over the years. first of all, it is a difficult feat, there are three races within five weeks. and horses are just not trained that way anymore.

horses were -- you know, they used to come back faster. there were shorter periods time between races and also the way horses are not only trained but the way they're bred. not bred to go a mile and and quarter, a mile and a half. we focus on sprinting horser, develop earlier and faster. >> reporter: i think the weather will cooperate. weather is important when it comes to racing? right? some do better in this weather, maybe some better when it's raining? >> some do better on the mud, a soft turf course. even the wind. we have, right now, a bit of a breeze that's kicked up. that can play. because sometimes they're coming in to the stretch, get a serious head wind that can affect how they'll run into the finish. >> reporter: thank you so much. a wonderful guest. we'll talk more about horses and come up the next block, i think, guys, tally up our little -- our horse euphemisms, coming up next. right? i think that's what we're going

to do. >> tally up your horses. >> just hold your horses, janet! we'll get to it. all right? >> hold your horses. >> taking bets, janice. who are you taking? california chrome? >> you're taking california chrome? what are you taking? watch the belmont today? >> sure. yeah. >> sure, yeah? are you going to watch the horse race today? >> yes. >> your name? you're a birthday girl. right? >> yes. >> what's your name? >> samantha. >> happy birthday. if you had to pick a horse, say -- california chrome. who would you pick? >> california chrome. >> good answer. good answer. you guys going to take california chrome? >> sure. >> sure. >> it's been a while. right? >> 36 years, 36 years. all right. the consensus here is california chrome. i'm not leading the witness. >> polling like we do in d.c. it's perfect. >> it was heavily tilted, yes. >> yes. >> it always is. >> you guys want more iced coffee. >> we'll be watchings?

other stories making headlines, andrew tahmooressi, the u.s. marine held in mexico speaking exclusively, but the mind games other inmates directed him. >> he would tell me about how he's killed people before. he told me that i have to stand tall and take it like a man. yes. they could have been tormenting me with mind games or it could have been serious. it could go either way. i don't know. >> the family hired a new lawyer focusingen 0 the prolonged time tahmooressi spent at the border making the case the military held him there trying to extort him. he's been in a jail since march 31st after making a wrong turn. the state department wants better looking and more efficient embassies around the world. guess what it's costing taxpayers? millions. and they aren't even safer. a new report says the new billion dollar embassy being built in london is at least $1 million over budget. the reason problems with the

designed, and construction delays. similar problems popping up at other areas. due to inadequate facilities and lawmakers hold a hearing on the issue later this month. a first grader in pennsylvania suspended after telling his teacher he accidentally brought a toy gun to school. he knows he's not supposed to have the toy, by we told his teacher. that didn't matter to school officials who say fake weapons violate school policy. his mother didn't realize the gun was in the backpack when she gave it to him. he faces expulsion. and not taking no for an answer. an 89-year-old world war ii veteran sneaks out of his nursing home in england. why? to attend d-day events. he was told he couldn't go to normandy. he didn't care. put on war medals and hopped on a ferry to france. the search called off after another vet called to tell them

he ran into them on the ferry. >> not surprising, guys like that, in world war ii. >> if you storm the beaches in normandy and a nursing home tells you you not allowed to go to the anniversary, i served on the beach. i need to be back here for bingo night? are you crazy? and blowing up twitter, what the spy agency says has everybody in social media yapping up a storm. in seattles approving the highest minimum wage. s 15$15. first, neil caputo. >> hey, guys. good morning. is it time for d-day for the v.a.? vets still waiting, we may have the free market plan to stop their suffering, and forget

releasing terrorists. is the administration now sending money to terrorists, and do you think these protesters are just after walmart? think again. why they may be after your job. "cost of freedom," coming up. see you then. .

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agenda. joining us the president and ceo of the international franchise association steve caldara. nice to see you. >> nice to see you. thanks for having me. >> dive into the details. what will choice to for small business? >> you mentioned it would discriminate against franchisees. the ordinance passed by city council and ultimately signed by the mayor has large employers beginning to pay the $15 wage in 2015, and small businesses are exempted for seven years to get to the $15 threshold except franchise because they're associated with a chain. it's important to understand that these are independent owners in seattle. they are not part of the corporate entity. so, therefore, they're being discriminated against unfairly with their association with the chain they work for. >> okay. so to be clear, if i own a

chipotle in a particular city, or a chick-fil-a or something like that in a particular city, because i'm associated with the larger national brand of chick-fil-a, that's how they're being hit by this thing? >> right. so if i'm on one side of the street, clayton, and a chick-fil-a, may have 15 or 20 employees and across the street a non-franchise business that has 500 employees or less would be exempted to pay that over a phase-in. they're being discriminated against, have to hit that threshold in the first three years. so in a matter of days not weeks we're going to file a lawsuit against the city of seattle, because we believe it violates bake tenants of the commerce clause, which deals with interstate business. vehicle protection. a clause. because this doesn't really draw a rational distinction between business models and our franchisees, all 600 of them, in

seattle, they own 1,700 establishments and employ 19,000 people, and quite frankly, clayton, they are upset by this and you can probably understand why. >> they're also saying, critics on the other side saying you're whining. you know what? we don't have the federal minimum wage. so cities now have the opportunity and that's what people have been pushing for all along. let the states and the cities make up their own minimum wages. now you're not happy with this. what do you say to that? >> what i say, the sciu, service employs international union what a strangle hold over the mayor and the city council in seattle, and what we know is, when you raise the cost of something, you raise the cost of labor, you have to find those costs somewhere else. if you raise that minimum wage it's going to mean higher prices for consumers. it's going to mean less sales for franchisees and i believe and we believe ultimately lost jobs for folks that really need

them. >> keep us up to dayton 0 the battle in seattle. that's nationwide implication. thanks, steve. >> we will. thanks for having me. coming up here on the show, a week to get your gifts for dad. up next, bass pro shops shows us the stuff any guy would love to get. your father's day gift guide you won't want to miss. coming up next. upgrade to the philips norelco shaver series 8000 for the most advanced shaving experience. with gyroflex 3d technology, you can get to those hard to reach places for the ultimate shave wet or dry. guaranteed. visit philips.com/fathersday now to save $50.

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52 minutes after the hour. let's get moving. the cia getting social. the spy agency joining facebook and twitter this week. the first week, we can neither

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welcome back. we have our own "fox & friends" boat here. >> could we do the show live from a lake tomorrow, could we do that? >> reporter: i'll have another. i'll have another scratch two years ago at the belmont stakes. >> we had the horse pun challenge in the show, and i threw it down to you, and could you include a horse pun in every

bit, and you did. what is the final tally? can we see it on the screen here. >> reporter: what was it? >> 11. >> i am not going to whine. >> bye, everybody. just as jobs are returning the eps calling for a slew of new regulations to fight global warming. now business groups warning it would send unemployment skyrocketing and your electric bill soaring. will they. this is "bulls and bears." and here are the bulls and bears this week. welcome to everybody. gary b., if the eps gets its way will it be lights out for the job market? >> i think so. i don't see how it can't. there's a cou