andrew tomorrow rtam res tahmer jail. >> what his lawyer is saying now. >> after 101 days in a mexican prison for accidentally crossing the border with three legally owned firearms this is his first chance to tell a judge his side of the story. he explained to the judge step by step how he ended up crossing the border. two witnesses spoke explaining why it took so long for him to be delivered to a federal prosecutor's office he found irregularities in his story. >> there are 11 page missing from the record. he did not have an adequate translator present.

>> his attorney saying those grounds for several legal actions which he plans to take the next several days. he remains optimistic. >> we feel the hearing was a success. we feel we are filing on the right track in order to achieve what every one of us ultimately hoping for. >> the judge did allow andrew's mother to sit down with her son for about 20 minutes. >> he's strong, he's confident. he is very privileged to have his lawyer defend his innocence. we are optimistic about the future. >> jill tahmooressi will sit down with us at 6:50 a.m. >> oo sounding off on the jail in mexico.

>> we do so much for mexico. mexico would -- he would be rel in two seconds if the right person made the phone call. everybody is walking through mexico and they come to our country. why doesn't mexico -- we ought to come down hard on mexico. economic development is a joke. we are doing so much economically for mexico and they won't release this soldier is inconceivable. then he has talks that last for 30 minutes and he doesn't mention it? it's inconceivable. >> let's keep talking about the marine held in mexico. calls are growing for the president to intervene. why do you think he won't? head to "fox & friends first" on facebook for a live debate #keep talking. president obama meeting face to face with governor rick perry in texas. the president is still refusing

to have congress act. what is the president saying now? >> the president said going to the border would be nothing more than a photo op in a crisis that is quickly over taking much of the domestic policy in washington and the country. the blame lies at the feet of the president. texas governor rick perry p went on wi on. >> you can unilaterally direct the department of defense to put the troops on the border to do that work. he starts talking about a philosophical issue. the same president that said al qaeda is p on the run. i don't know whether he is inept or there's something else going on. the president needs to understand that the single most important thing he can do is put the national guard on the

border. >> while in texas for a fundraiser president obama tried to defect the critics saying this shouldn't be a political issue. those upset about the situation to pressure congress 3.7 billion in emergency funding he says he needs to secure the southern border. >> the things that the government thinks are important to do would be a lot easier to do if we had the super mrimeple. the challenge is congress prepared to act to put the resources in place to get this done? >> the senate takes up the president's request. there will be tough questions by the health and human services secretary. fundraising in austin today. calls are both sides of the i'll for him to go down and visit the border.

thousands of children are packed in temporary celt shelters. they are asking the president to confront thissi issue head on. >> it would be a good idea for the president to visit these children. oo too it showed a lack of sensitivity to the issue. one thing he could do is be down there and thank the people that are laboring 24/7 trying to care for these kids. >> president obama is expected to leave texas and fly back to washington this afternoon. in other news she was shot in the head inches from death but a 15-year-old girl she did the unthinkable. she called 911 and stopped her father's deadly rampage in its tracks before it got much much worse. >> we received from the constable the grandparents were the targets for him. they were brought out of the house before they could happen and we would have had more

tragedy. >> the gunmen surrendering after a tense three-hour standoff. police say he gunned down six people including four of his own children ranged in age from 4 to 14. the suspect's estranged wife said to be out of town. the teen who saved her grandparents remains in critical condition. her father's motive a mystery. two different groups might be behind the benghazi terror attack this according to newly released testimony from top military officials. they found those behind the second dawn attack at a cia facility are different than those who attack the diplomatic mission killing ambassador chris stevens and other americans. they killed two security contractors and they believe the second attack was killed by a team of militants after hearing reports of the first attack while americans were vulnerable. israel pounds hamas targets with a massive rocket attack.

>> israel striking 200 hamas targets killing 75 people. hamas firing back with its own rockets. israel mobilizing thousands along the border ahead of a possible ground operation. today in a emergency meeting as countries around the world ask both sides to end their violence. that started with the killing of three israeli teens including an american citizen. >> we are p finally learning what was in low ryes learn -- lois lerner's e-mails. just as the tea party scandal erupted she told employees to watch what they say in e-mails. i was cautioning people about e-mail and how we have had several occasions where congress asked for e-mails and there has been an electronic search for responsive e-mails. we need to be cautious about what we say in e-mails. the bombshell outraging

lawmakers in a hearing. >> here is the take away. she is trying to cover her tracks. she hasn't even talked to the fbi. what kind of investigation is going on where the fbi won't talk to the agency that has this kind of stuff going on with the e-mail exchange and won't talk to the agency that lost key evidence in an investigation that is about first amendment rights. we get these answers. that is what bothers every american. >> my only response was to disagree with my responses being flippant. >> she was intentionally hiding e-mail discussions from lawmakers. >> in a power grab the erk -- epa can reduce your wages if you don't follow the rules and without court approval. they explain they are fast

tracking this rule to take effect on september 2nd unless the agency receives enough adverse public comments by august 1st. to the world cup. it was 120 scoreless minutes in the semifinal match up between argentina and the netherlands until the penalty kick shoot-out making all four of the penalty kicks to beat the netherlands 4-2. the win makes the match up between argentina and germany played this sunday. >> belgium may be eliminated from the world cup but this fan has something to cheer about. they snapped photos of the 17-year-old cheering on her team in brazil. she landed a modeling contract with lowreal already in this promotion for hair products. >> it is gaining momentum.

lauren simonetti is here with more of this frightening story. >> a major ransom where crystal locker was supposedly halted by the fbi a couple months ago is not only not stopped but spreading. anti virus maker big defender said the fbi was able to stop the delivery system back in may but all they need to do now is find a new delivery system. they lock you out of the computer until you pay to get back in. hundreds of files had been kidnapped many pay as much as 300 to get them back. let's say you go for eggs, toast, bacon and coffee thin th morning. here's a look at how much they have spiked in the last five years. eggs are up 33 percent. toast didn't go up because grains can be stored but the margarine costs 39 percent more.

bacon 65 percent and coffee up 40 percent. tickets to the world cup finals between argentina and journdema ten times capacity at the stadium. ticket resellers they are listing them for as much as 20 grand. it is illegal in brazil to jack up the price on secondary markets. futures down in a big way. futures down about 100 points now. ladies, back to you. >> thank you, lauren. >> coming up, a terror not foils. the plans to blow up some of the world's most famous landmarks that is up next. track your child's every move with a little bracelet.

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a ter or plot to blow up land marks in paris. the top terror targets the eiffel tower and the lieu. new reports of isis militants getting their hands on nuclear weapons might not be as dangerous as we first thought. iraq's u.n. ambassador saying the materials are low grade and would be difficult to turn into a weapon. the militants pose an imminent threat. chuck hagel speaking at a naval base in georgia says isis is well organized well funded and dynamic organization. they are a threat to every stabilized nation on earth. >> back at home they can't dodge this one. a los angeles jour refijury fin the dodgers negligent in the beating of a fan. brian stow was left in disabling brain damage after he was

attacked in a stable parking lot after the game. he was awarded 18 million saying the dodgers are responsible for about a quarter of that. the two men convicted of attacking him will have to pay the rest. he wrote the book on it how to survive the bulls of pamplona but the bulls didn't care. bill hill man was gored on the streets of spain in the running of the bulls. this year's run featured six 1300 pound bulls. things got dangerous when the animals broke lose from the pack. that's when hill man and another man undwere gored. he had surgery on his right thigh. >> parenting company lg unveiling a new bracelet designed to let moms and dads know where their kids are all of the time. they can use the built in gps to locate the child or talk to them

with the microphone. it will arrive in the u.s. later this year. >> is this too extreme or is it a dream for parents? send us an e-mail foxfriendsfirst@foxnews.com we will share them later in the show. >> 17 after the top of the hour. what do alec baldwin and ron port have this common? we will have that coming up. we must be keeping track of them right? wrong. a stunning admission next. you want to save money on car insurance? no problem. you want to save money on rv insurance? no problem. you want to save money on motorcycle insurance?

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>> the sun is coming up in new york city. thousands of illegal immigrant children disappearing without a trace days after the white house declared most children would be sent home. top officials admitting nearly half have already vanished within the u.s. 46 percent of all children apprehended at the border never showing up for their deportation hearing. that rate could be even higher with the recent border crisis. president obama taking heat from democrats on immigration. check this congressman working on a bill to amend a new immigration law.

treats children from all countries the same and would amend the 2008 law which requires children from countries outside of mexico and canada be placed with sponsors while awaiting to hear their deportation cases. here he is on "fox & friends" yesterday. >> i am more concerned not about who gets angry at me at the white house i am more concerned about my constituents. >> who called you? did they tell you to pipe down? >> notice what i am doing i am still talking about it. >> plans to join forces with a texas senator to introduce the legislation. ainsley? >> thanks, heather. >> rise with the planet of the apes between humans and apes. we find our characters on the verge of war. >> are you aware he turned on

you? >> we don't want war. >> no, don't shoot. >> you have to go. >> go where? >> here with us now to what we can expect from planet of the apes is michael tamero. >> no monkeying around, ainsley. this is one of the best movies so far this year. one of the best sci-fi movies in a very long time. it took ten years after the first to wipe out most of humanity. we find apes doing just fine living on their own in san francisco. they encounter people for the first time in two years. it stars gary altman and keri russell from felicity. we caught up with them at the global premiere. we asked them the original franchise was such a great statement about humanity and our

fears about nuclear war. we asked how this new series stacks up. >> i think i genuinely believe this is a film for our times. it is an important film about prejudice much in the same way the 68 film was about civil rights. we look at the world around us now the problems that are going on in the world believes the system is changing and the regime change and the fallout of the things this is what the film is dealing with choices and reactions to police. >> get ready to go baumananas t weekend. how many cliches can i get in two minutes. it has been a down this year in the box office but quite the role from january to july they are up 60 percent. in july they are up 123 percent thanks to movies like x-men and this means big business for them in the box office. that's the third one i have done. >> thanks to all of our viewers who are going to see these movies.

>> exactly. in the fox light.com. as always the party continues on instagram and twitter at fox light michael. >> we just posted a picture. you have to check it out. good to he sue you this morning. >> it is 25 minutes after the top of the hour. coming soon to a stadium near you the pc police new restrictions on what you can wear to ensure you don't offend any one at the stadium. >> separated as children reunited as soldiers a heartwarming reunion for two brothers in a long deployment overseas.

3rd and 3. 58 seconds on the clock, what am i thinking about? foreign markets. asian debt that recognizes the shift in the global economy. you know, the kind that capitalizes on diversity across the credit spectrum and gets exposure to frontier and emerging markets. if you convert 4-quarter p/e of the s&p 500, its yield is doing a lot better... if you've had to become your own investment expert, maybe it's time for bny mellon, a different kind of wealth manager ...and black swans are unpredictable. >> no freedom for the marines

who fought to defend your country. overnight a mexican judge ordering a u.s. marine back to prison. his legal team's next plan of action. >> a border blame game. texas governor rick perry meets with the president and is now speaking out. he says obama can stop the crisis. why won't he? >> separated as children reunited as sell dorrs. a heartwarming reunion for two brothers returning from a long deployment overseas. "fox friends first starts right now. >> you are watching "fox & friends first". i am heather childers.

>> i am ainsley earhardt. thank you for starting your thursday weekend wicount down t the weekend with us. >> tahmooressi ordered back to prison. >> marianne rafferty has reaction from his lawyer and mother. >> good morning. after 101 days in a mexican prison for accidentally crossing the border with three illegally owned firearms this was his first chance to tell a judge his side of the story. two witnesses spoke ex complainings why it took so long to be delivered to a prosecutor's office. he found multiple irregularities in the story including a search order dated three-days before his crossing the border and 11 pages missing from the record. >> at this point i would say the irregularities are not to war aren't o -- warrant our full election

this morning. they will result in -- they will have positive results. >> his attorney saying those are grounds for several legal actions which he plans to take in the next few days and remains optimistic. >> we feel the hearing was a success. we feel we are on the right track in order to achieve what every one of us is ultimately hoping for. >> the judge will allow andrew's mother to sit down with her son for about 20 minutes. >> he's strong. he's confident. he is very privileged to have mr. benitez to defend his innocence. >> his court date has been set for august the 4th. >> thank you mary ann. let's keep talking about the marine tahmooressi in mexico. calls are growing for the president to intervene. why do you think he is not intervening?

head to the facebook page after the show and we will keep talking to you in a live debate at hash tag keep talking. >> president obama and rick perry meeting face to face in texas. the governor pleading with the president to fix the border crisis. president obama pointing the finger at congress. doug luzader is live for us in washington with what is next. good morning, doug. >> good morning. in a senate panel they are going to consider the president's request for almost $4 billion to deal with the border crisis. yesterday as you mentioned the president did sit down with texas republican governor rick perry to talk about it. he blamed republicans for what's going on. to show you how sensitive they are on this look at this video. watch it carefully. you only have 20 seconds to see it. that's how long the media were allowed to witness the roundtable in dallas on the immigration crisis. later the president said republicans need to send in 3.7 billion to fix it.

>> so the only question at this point is, why wouldn't the texas delegation not want to put this on a fast track to put it on my desk so we can start getting to work. >> most of the money the president wants would go to just housing the tens of thousands of illegal immigrants, many of them children who have already come across the border with the belief they can probably stay here. republicans and democrats urged the president to visit the border something the white house has said its unnecessary. he urged the president to reconsider. >> the first thing i asked him, i said mr. president i really p want you to come and see this. this is important for you to absorb as a father, but more importantly as the president of the united states to see the humanitarian crisis. >> perry went on to say the national guard he says should be

deployed to help fix things down there. heather? >> doug luzader live for us. thank you, doug. >> ted cruz sounding off for not going to the border. he didn't want a photo op. >> he is seeing the movie theater of wealthy texas trial lawyers. he's interested in getting the checks of wealthy texas trial lawyers but not in seeing the children. this is the president we have the lowest labor force participation since 1978 and he goes and plays golf hundreds of times with his buddies. he is not focused on the people who are hurting, who are paying the cost for his failed policy. >> she was shot in the head and inches from death but somehow the 15-year-old girl was able to do the unthinkable. she called 911 and stopped her

father's deadly rampage from getting even worse. >> the information we received from the constables was the grand parents were also targets to him. but they were brought out of the house before that could happen. we would have had more tragedy. >> the gunman surrendering after a standoff. he gunned down 6 people including four of his oren childr own children whose hags ranged fr from -- ages ranged from 4-year-old to 15. the father's motive a mystery. a brand new photo of bowe bergdahl smiling with a senior al qaeda official. the twitter account linked to the islamic emirate of afghanistan sent out several other tweets including this.

he kept bergdahl not shackled in chains neither was he tortured. rather he was free. he was traded for five senior taliban officials. the army investigating his disappearance and capture. >> two groups might be behind the benghazi terror attacks. this from top military officials. in it fthey found the dawn attak are different than those who struck the u.s. diplomatic mission killing ambassador stevens and another american. another attack killed two security contractors. the second strike was carried out by a team after hearing of the first offensive while the americans were vulnerable. >> another day in court and another outburst from donald sterling. he took the stand and told the court he will never, ever, ever sell his team. at one point his estranged wife shelly walked past him he

blurted out stay away from me you pig. sterling is battling his wife over the sale of the team to former microsoft ceo steve baumer after making racist remarks were leaked. what is in some of the lois lerner e-mails which mysteriously vanished. just as it erupted learner told employees to watch what they say in e-mails. i was cautioning folks about e-mails and how we have had several occasions where congress asked for e-mails and there has been an electronic search for e-mails. we need to be careful what we say in e-mails. some call it a smoking gun. >> it is not just a manager sending out an e-mail saying be careful what you say we don't want anything to look silly. this says we don't want congress knowing what we are doing.

that takes it to a whole new level. funny she puts it in an e-mail it's about complaining about nsa surveillance on twitter or facebook. >> they say she was prepare to go hide agency discussions from lawmakers. we are learning this morning about a potentially massive security breech that happened earlier this year. chinese hackers broke into the computer networks of office of personal management. new york times assay they appear to be taur getting a file on tens of thousands of federal employees who applied for top secret security clearances. how far the hackers penetrated the system, that remains unclear. more reports of the nsa spying on innocent americans. a report from the national security agency who spied on five americans despite lack of any evidence that they post a threat to national security. they are believed to be targeted because of their political activity. among those five are a long time

republican party operative and former member of the department of homeland security. the five names were included in documents leaked by edward snowden. >> a technical failure forces an emergency landing during a flight from portugal to holland. oxygen masks dropping from the ceiling for all 66 passengers on board. this man decided it's a perfect moment to take a selfy. once it landed safely he posted it on twitter and he wrote, i have been on the worst flight of my life but i couldn't resist to make a funny selfie. >> it took 37 years but the long wait was definitely worth it. that is major hugging his brother after decades apart. they last saw each other back in the 70s. their parents divorced and they p went their separate ways. >> like looking at a twin i guess a little shorter. >> i knew that would come out.

but we are blood brothers and brothers in arms and brothers in uniform. >> like no time has passed. they found each other on-line back in 2008. louise got reassigned to fort carson. when he discovered he would be arriving there after serving nine months in kuwait. >> that's a great story. >> medicare and unemployment all for people who don't deserve it. billions of your tax dollars wasted. we are tracking the money. shamed into saying i am sorry actor george clooney taking aim at a british tabloid. first a look at your weather around the country. [ male announcer ] people all over the world know us,

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>> thank for joining us on this thursday. you may remember the texas cheerleader under fire for her big game hunting. they had allowed the kill ken l den cal jones to stay despite deleting her photos. jones supporters came to the rescue. they started an on-line petition. they got the hateful page pulled from facebook. it is no longer there. >> someone call the pc police.

the giants are considering a policy that would ban fans from wearing quote culturally insensitive attire. this stemming from an incident last month at at&t park. people protested outside of the stadium after fans wore fake headdresses during native american night. if it happens it would be the first for major league sports. >> tax dollars being wasted and have been for years according to a brand new report. lori rothman from the fox business network is here to breakdown the numbers for us. >> hi there, ainsley. the government is making 100 billion in improper payments every year that. is the finding of a recent house over site hearing where one congressman said the amounts here are absolutely staggering. the testimony revealed this spending is a combination of fraud, clerical error and insufficient irs enforcement. the worst defender the playoayo

for healthcare program. medicare had 50 billion in spending. the budget office are stepping up efforts to reduce the mistakes and managed to recover 22 billion in reat the same times last year. government payments peaked in 2010 and $121 billion still at a current rate of $100 million in spending each year pretty close to what the obama administration spent on the afghanistan war last year. how is that for perspective. >> glad we are getting up so early to work so our tax dollars can be wasted. thanks, lori. >> about 15 minutes to the top of the hour. coming up the border crisis. just like a refugee crisis. it's not the white house's fault. really? the argument up next. >> called on the stage at a camp's magic show this little boy is about to have the

surprise of a lifetime. the real magic the reunion with his army dad. >> steve dos see hhas what's co up on "fox & friends." >> church is banned from helping illegal immigrant children on the southern border. here's the government's excuse why. something you will hear only on fox. something you will p only hear on fox probably darrel issa on the new lois lerner e-mail she warned congress could be coming, be care wfl your e-mail. that doesn't sound suspicious, does it? did you hear from your mom, don't ever swim until you wait 20 minutes after you eat. mark seigel explains the fact or fiction behind the summer health tips. wouldn't it be the best summer break or worst summer break of all times a family of eight traveling across the country doing chores.

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the department of defense is asking for more military spaces to provide housing for thousands of illegal immigrants flooding our southern border. a military source says that they will use as many military bases as they need to house the massive influx. oklahoma congressman jim briden stein says this could affect the readiness of our troops. according to texas democrat sheila jackson lee, none of this is the white house's fault. she says it deals with human issues, not in the hands of the l obama administration. she says it is our job to take in the refugees from

dangerous areas. >> it is almost like the crisis in syria generated this crisis on jordan. that is what happened. i don't think in any way you can fault the administration for this. >> jackson blames drug cartels and human smugglers. >> a call girl accused of murdering a google executive in court. the 26-year-old listened to the charges. the tattoos visible on her arm which police say were key to tracking her down. police say on november 23, a 51-year-old forest hayes, a google executive died on his yacht from a heroin overdose. the woman is charged with four felonies. hayes leaves behind a wife and five children. switching gears, justin bieber headed for anger management, required to take classes as part of his plea bargain in an egg-throwing case. you may remember when that happened. he has to pay his neighbor more than $80,000 for

damage caused to his mansion. the judge also ordered the pop star to stay 100 yards away from the victim's family. >> could alec baldwin next role be toronto mayor rob ford? he is working with nbc to play in a new tv show where he would play the mayor of new york city, the show would be a cable drama designed to capture mayor ford's kind of personality. george clooney is slamming the daily mail for his report that alleged his mother-in-law opposed his upcoming wedding for religious reasons, saying, quote, the irresponsibility in this day and age to exploit religious differences where none exists is at the very least negligent and more appropriately dangerous. he received an apology. >> want to get your hands on a piece of cinema

history? hover board is going on sale, ridden by michael j. fox in back to the future part ii is going on sale for $20,000. it is six minutes till the top of the hour. coming up, if you're going to run a red light, make sure your van is not packed with pot. >> track your kids' every move with this little brace bracelet? too extreme or a parent's dream? your comments next. ♪ ♪ vo: this is the summer.

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resolved. his next court date set for august 4. let's keep talking about the marine held in mexico. calls are growing for the president to intervene. why do you think he won't? head to the "fox & friends first" facebook page right after the show for a live debate. hash tag keep talking. a senate panel will take up the president's request for almost $4 billion to help fix the border crisis. the president fund-raising in austin, texas, today but says he will not visit the border. the emni award nominations will be announced later this morning. "true detective" expected to get the most nominations. >> time to look at the good, the bad, and the ugly. we're going to start with the good. a reappearing act for this nine-year-old connecticut boy at a magic show. his father sneaking up behind him there at the show after a 13-month deployment. next the bad. if you're going to smuggle drugs, obey the rules on the road.

police arresting two guys with $6,700 worth of marijuana on their van after the driver ran a red light. the hall worth $76 million. >> two guys facing charges accused of breaking into a school and stealing froot loops. they said they were smoking marijuana, decided to go on an adventure, so break into a school and steal the cereal. >> is this the future of parenting? now where theirto let moms children are at all times. >> is this too extreme or a dream for parents? >> john wrote on facebook. how times have changed. when i was a kid i rode my bike blocks to the candy store with kids. we would be out all day going home for only lunch and dinner. >> if we start out telling kids this kind of tracking is good for their

protection, what will they expect as adults? >> neil says no way i will have bought this for my kids. this is way too extreme. >> thanks to everyone who responded. thank you tomorrow. see you tomorrow on friday morning. >> "fox & friends" starts now. good morning. today is thursday, the 10th of july 2014. i'm anna kooiman in for elisabeth hasselbeck. a fox news alert. freedom denied. a mexican judge orders the u.s. marine jailed in mexico to stay behind bars. breaking details from the late-night hearing. >> meanwhile president obama is standing by his decision not to visit the texas-mexican border. >> this is a problem. i'm not interested in photo ops. >> really? if that's true, what would you call that? i digressed. brian? >> be careful what you e-mail. congress might come knocking. that's what