army sergeant bowe bergdahl hires an attorney. "fox & friends first" confirming the two have already met once. >> kelly wright is here now with what it means for the investigation into his de certification. what can you tell us? >> fox news confirms army sergeant bowe bergdahl is represented by a civilian attorney eugene fidel a military law attorney who also teaches at yale law school. "fox and friends spoke briefly over the phone with fidell. he confirmed bergdahl hired him and they met last week. he declinedo talk further about the investigation that he deserted the army five years ago. you may recall bergdahl walked off his base in afghanistan. the taliban then captured him and kept him as a prisoner for five years. the u.s. traded five taliban leaders in guantanamo bay in

exchange for bergdahl's freedom. because of his captivity he under went 6 weeks of therapy and counseling before returning to active duty this week. pentagon spokesman tells fox news bergdahl is a free man, that he is under no restrictions as the army conducts an investigation on him. >> there's allegations, but just having allegations posed against you in the military doesn't restrict your freedom of movement or place you in any restri restrictive status just by someone investigating wrong doing. there will be an investigation surrounding the departure from the base and move on from there. >> u.s. army says two soldiers are assigned to keep a close eye on him and help him readjust to active duty and life beyond captivity. >> thank you kelly wright life for us this morning. >> another fox news alert.

while you were sleeping police kept an intruder from breaking into the kennedy compound. police arresting 53-year-old james lacroix after they found him in ted kennedy jr.'s kitchen. he was looking for singer katie perry. kennedy wasn't there at the time. he was calling on his 16-year-old son who was on t the suspect answered the phone. he got in through an unlocked door. he was not armed. >> closing arguments are set to begin in the case of the boston marathon bombing. a friend of the boston marathon suspects are accused of hiding evidence from the investigators. they say he through out a backpack filled with fireworks that was in tsarnaev's dorm room. the bombing killed 3 people and

injured more than 260. if convicted on all charges he faces 25 years behind bars. israel warplanes striking the home of senior hamas leaders in the gaza strip hit the homes of four senior leaders of the movement. the renewed bombings came a day after a failed egyptian cease fire that israel accepted initially but hamas rejected. >> a possible bill to deal with the surge of unaccompanied minors crossing our southern border hitting a brick wall. harry reid saying our border is already secure. peter doocy live with a new pole about how americans actually feel about how the president is dealing with the crisis. >> heather the new numbers are in this morning. 58 percent of the adults disapprove of the way president obama is dealing with all of the undocumented immigrants entering the united states. far fewer 33 percent actually

approve of the job the president is doing on this issue. bipartisan legislation by two members of the texas leg stlags want to speed up deportation giving all undocumented children an asylum hearing and hiring immigration judges to keep the process going. those lawmakers say that would have a far greater impact than the nearly 4 billion the president wants to throw at the problem. >> he's asked for $3.7 billion, but not anything that would actually fix or solve the problem. should we supply that? simply put all it would do is ensure all unaccompanied minors no matter where they come from are treateded exactly the same under the law. >> majority leader harry reid is going to side with the white house on this one.

>> as i have been told the legislation covers a lot of other issues other than the border. remember had we done immigration reform we wouldn't be having this issue. >> senator reid also announced confidently the southern border is secure. back to you in new york. >> peter doocy live for us. thank you, peter. time for a look at who is talking and the president's attempt to blame congress for the border crisis, just the latest move raising questions about the administration's ability to govern. columnist charles krauthammer and lindsay graham say this is indicative of a bigger problem. >> the president has to have this stopped because it contributes to the story showing all of the other elements abroad and at home that his administration is incompetent, unable to control anything. with this continuing he really can't tolerate his numbers will not survive and the party will

be thrashed in november. >> if it is not about us he is in trouble. when you don't have anything to say about what you have done and what you have accomplished and what you would like to do, you blame the other guy. the reason he is not talking about his accomplishments and his vision for america is falling apart to obamacare. >> but insulting the gop is a lousy strategy for a leader. >> that's the key phrase. a leader would try to bring this together, move the ball down the field. >> the house passes an 11-billion dollar infrastructure bill. the measure preventing a highway trust fund from being bankrupt in august of this year but it needs to get past the democratically controlled senate. it is typically collected from the federal gas tax. because it hasn't been changed since 1993 it no longer sustains infrastructure expenses. >> president obama taking advantage of a photo op at the

announcement of that infrastructure bill. he seems to be enjoying himself behind the wheel of a driving simulation tour. what a difference a week makes. remember what he said about the border. >> not interested in photo ops. i am interested in solving a problem. >> when the senior white house correspondent pointed out the hypocrisy of the photo op josh earnest had this to say. >> was he enjoying himself in the photo op. >> he was in good spirits. >> you said he didn't like photo ops. >> people who put photo ops ahead of finding solutions to problems. all too often that's what we saw last week from the opponents on the other side of the issue. if there's an opportunity for him to appear in a photo op to reinforce the values he puts forward he won't hesitate.

>> the president's failure to visit the border has nothing to do with photo ops. what's the real reason? head to facebook page for a live debate #keep talking. >> down to the wire, republican runoffs. first north carolina minister mark wahlberg faces democrat laura efeal in november. >> policy analyst gary palmer comes from behind to beat state representative. he will face avery vice in one of the safest gop districts in the nation. former secretary of state henry kissinger recovering in a new york city hospital after heart surgery. kissinger who served as the 56th secretary of state and national security advisor under president rich and nixon under went an

aortic valve replacement. the 91-year-old is resting comfortably. he first had open-heart surgery back in the 1980's. >> an all star sendoff for yankee's captain derek jeter. >> number 2, derek jeter. number 2. >> that had to feel really good. jeter in his 14th and final all star game getting a standing ovation before his first at-bat. he went two for two for a single, a double. the nbc award -- mvp award went to mike kraut. they won 5-3. so many people around the country a whole lot of rain and storms as well. >> a lot of flooding. we had a lot in new york city. sounded like a lot. thunder and lightning. but the fears are easing.

>> heather and heather, good to see you. hello. we are looking at flood threats starting to diminish across portions the northeast. several inches of rain across the atlantic and produced significant travel delays and so many flight cancellations across parts of the northeast. today we have drier air. pretty much the area i am concerned as far as any flooding goes across eastern new england. eastern parts of maine, eastern parts of massachusetts and also portions of new hampshire. that's where you could be looking at isolated flooding as the storms continue to move eastward. further west across portions of the plains, texas, oklahoma, southwestern parts of kansas and southeastern portions of colorado, you have a risk today for isolated severe weather, damaging winds, localized flooding and isolated tornadoes cannot be ruled out. i do want to show you your current temperatures. out across parts of the great lakes and northern plains it has been very cool. we are seeing record lows being

set. this morning another chilly one. highs not bad making it into the 70's in places like chicago and cleveland. let's head over to you heather and heather. >> thanks, maria. >> it is 10 minutes after the hour. swimmers across the country beware, hundreds are now contaminated from water that is somehow unclean. we will explain that and tell you how the cdc is taking action to stop that spread. >> forget computers, hackers setting their sights on your car. what you need to know to stay safe behind the wheel. >> are you always the one stuck in the slow line at the grocery store. i am. i bet you are. too. we will tell you about how the other line is always faster than yours. when la quinta.com sends sales rep steve hatfield the ready for you alert, the second his room is ready.

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>> good morning toy. it is 15 minutes after the hour. there is a norovirus scare. it is closing down a popular lake in sienna, washington. 200 people are now sick after contracting the norovirus. they are closing off horseshoe lake. a series of stomach related issues are forcing them to close the waters. they are headed to the lake to help with the testing. then in nearby portland, oregon another lake is now closed because two families got sick after swimming there over the weekend. >> another public healthcare this time at a minnesota applebees. they are taking the oriental chicken salad off the menu after 7 people became ill from e coli after eating from the same location. they believe produce like green cabbage and shredded carrots are

to blame. the health department is investigating. there's a cyber threat taking aim at cars and trucks. we have what you need to know about this. how is this possible? >> it is not just your computer at risk from hackers your car could be a target. the auto industry says today's vehicles are full of computer chips. 50 percent of cars and trucks will be connected to the internet. critics say there are no ways to govern the security of those systems. they are working on a coalition to share information about cyber security issues. gm tries to make sure you are always connected behind the steering wheel. they are offering nonstop wi-fi thanks to the hot spot. it will be an expanded feature in the buick and 2,000 other gm

models. connectivity is not free after the first three months of ownership but customers can add cars to their existing plan for another 10 bucks a months. what is your favorite flavor when it comes to potato chips. how about cappuccino, cheddar bacon mac and cheese? what about wasabi ginger. the most popular will score the inventor a cool $1 million. it is all part of a contest sponsored by frito-lay that allows customers to vote for their favorite flavor. the top flavors are are barbecue, sour cream and sour cream and onion. i love salt and vigor -- vinegar. how about salt and vigor? is that's a whole other story. salt and vinegar, ladies.

>> my favorite, too. >> you are a britt, right? all right. thank you. now it is time to brew on this. the usda pushing for major changes at the grocery store. >> listen to this one. they want the 46 million on food stamps to spend the money on fruit and vegetables. talking shopping cart to better lighting for vegetables. >> one making ways a point based system where people could get movie tickets in exchange for healthy food purchases. what do you think? is nudging nutrition a smart idea for a waste of money? >> second us your comments at facebook or twitter or e-mail us. can't wait to hear what people think about that one. >> heart stopping moments captured on camera when a toddler tumbles into an 18 foot

hole. the incredible rescue that took 7 hours. plus this. >> i just passed a car that looks like a 10-year-old was driving it. >> 911 call sends police hot on the trail of pint sized joy riders. this isn't their first time taking a car for a spin. >> i am going after you. everyone in the house should be coming after you, too.

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>> it is a place where children are supposed to feel safe. this morning a brand new investigation revealing

startling statistics about the happiest place on earth. since 2006 at least 35 workers have been arrested for sex crimes against young children. it is not just disney. five employees were also arrested from universal orlando and two from sea world. a heart stopping rescue ap cured on come raw. take a look at this. (applause) >> those are rescuers pulling out a toddler who had been playing on a farm. he stumbled into a whole that was 18 feet deep. it was too narrow for his parents to climb in and rescue him so rescuers had to dig a tunnel to reach the 18 month old boy. he was trapped for 7 hours before he was pulled out. >> you ask yourself how it happens once but twice in one

month? two children and one who is just four years old caught yet again taking a car for a joy ride in wisconsin. we talked with the driver who saw the kid whiz by. >> it was just a very strange moment. >> he was driving through this wooded area in washington county. >> i saw a young kid was driving the vehicle. >> text ter made this emergency call. >> i passed a car that looks like about a 10-year-old was driving it. >> it looked like he wasn't tall enough to see over it so he is looking through the steering wheel as he was driving. >> by the time they caught up with the 9-year-old driver and 4-year-old passenger they drove 6 miles. >> there's no way he should be driving a car. >> it was the second time in a

month the two boys were caught driving. the family alerted police the kids and car were missing sunday around the same time dexter was dialing 911. >> i look over and i am like, what the hell? >> they referred charges of child neglect against two adult women and one adult man who lives with the boys. dexter said the boys could have hit another driver or runner. the 4-year-old was standing on the front seat. >> i would have the keys hidden away to where they couldn't find them making it impossible for it to happen a second time. >> waterways could get soaked with a $500 fine in drought ridden, california. hefty fines for residents caught washing cars watering lawns or hosing down sidewalks. this after new figures ignore the governor's voluntary calls for cut backs. the new rules kick in early next

month. >> if you wonder why ya'll always end up in the slowest line of the grocery store that always happens to me. mathematicians are breaking down the statistics. if there are three lines at the store delays will happen randomly. the chances of your line being the fastest just one in three. >> that means you have a two-thirds chance of not being in the fastest line. their solution to shortening up the process, just have all customers stand in one long line and serve each person at the front with the next available register. >> i don't think that would work. >> see how long the lines are. it is 26 minutes after the hour. if you want to make $6,000 tax free, we will tell you about this controversial classified ad that is emerging from the crisis at the border. it is all funded by you. you will not believe it. what would you be willing to give up to save some carbon your

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>> it is wednesday july the 16th. accused deserter bowe bergdahl is getting ready to make his case. what you will only hear in a fox news exclusive. >> it may look like men are breaking into a car but they are really heros. who they saved from a life or death situation. >> there is nothing sweet about this one. changes at one of the most popular companies may leave a bitter taste in your mouth. "fox & friends first" continues right now.

♪ >> good morning. you made it halfway through the week. it is wednesday july 16th. i am heather childers. >> i am heather nauert in for ainsley earhardt today. it is half past the hour. let's get right to the fox news alert. we have brand new details on army sergeant bergdahl's defense. "fox & friends" can confirm bergdahl hired a civilian attorney. kelly wright is here with what that means into the investigation of his capture? a well-known military law attorney who teaches at yale is representing army sergeant bowe bergdahl. eugene fidell is the co founder of the military justice. he spoke briefly over the phone with fidel. he confirmed bergdahl hired him and they met with berg stom last

week. he declined to comment fur der on the investigation on allegations bergdahl left the army four years ago. john kirby tells fox news they said that bergdahl is under no restrictions as the army conducts the investigation as to why bergdahl wandered off base in afghanistan five years ago. >> as you know he returned to full duty last week. i know the investigation into his departure will continue. it will include an interview with him. i don't know if that occurred yet. >> in 2009 he walked off the base. the taliban captured him and kept him for five years. the us traded five guantanamo bay leaders in exchange for bergdahl. he under went 6 weeks of therapy and counseling before returning to active duty this week.

a spokesperson says investigators have not yet questioned bergdahl. that is expected to happen sometime in the near future. >> another fox news alert to bring you. police arresting 53-year-old james lacroix after they found him in ted kennedy jr.'s kitchen. he checked in on his 16-year-old son who was alone in the house. the suspect answered the telephone. police believe that lacroix was inside the house for three hours. he got in through an unlocked door. when officers asked what he was doing there he said quote, i am looking for katie perry. he will go before a judge in

california. it showed him injecting him with heroin moments before he collapsed and died on the yacht in santa cruz. the 26-year-old stepped over his body to finish her glass of wine. she is being investigated for the death of her ex-boyfriend who died of a heroin overdose who died two months earlier. >> faces his first drilling on capitol hill. they want to know the steps gibson has taken so far to provide healthcare to our veterans who are facing this long wait time. he will ask what he has done to improve accountability and transparency. we will keep you updated on the story through out the day. >> a possible bill to deal with the surge of unaccompanied mine minors across the border. harry reid saying our border is

already secure. doug luzader is live for us in washington with what is next for this bill. >> good morning. yesterday it seemed like we were so close there was a compromise in the works between one democrat and one republican tested that would give the president something he wanted which was more money, more resources to deal with the crisis at the border. but at the same time make some changes in the law to allow for faster deportation. it was only bipartisan to an extent. now many democrats are beginning to push back. harry reid saying the border crisis may not be a crisis after all in his view. a lot of people don't see it that way. watching all of the kids stream across the border. the problem is reed controls the senate. if he is not on board with the compromise it won't happen. we are seeing the white house reaching out to a number of democrats to try to get them on board with some kind of a

compromise. the reality is stark. here's a poll out asking about the president's handling of undocumented immigrants entering the united states. he a -- do you approve 33 percent say yes. 58 percent disapprove of how the white house is handling this. that's why they want to come up wickly wi quickly with a soluti here. they seem to be open to the bipartisan compromise but they have to get more democrats in congress specifically harry reid on board to make this happen. heather? >> doug luzader thank you so much. >> political pressure for hillary clinton on "the daily show." did you see this? she didn't say she was running for president but she did say people don't remember us being nazis. >> what i found when i became secretary of state so many people in the world especially

young people they had no memory of the united states liberating europe and asia, beating the naz nazis, fighting the cold war and winning. >> that was just ancient history. they didn't know the sacrifices we had made and the values that motivated us to do it. we have not been telling our story very well. we have a great story. we are not perfect by any means but we have a great story about human freedom, human rights, human opportunity and let's get back to telling it to ourselves first and foremost and believing it about ourselves and then taking that around the world. >> beating the nazis i should say. when jon stewart helped her take a quiz to find her next job she said she would like an office with fewer corners. >> let's talk about some weather. there has been a lot of nasty weather across the united states.

maria molina is finally back from vacation. welcome back. it could be easing. >> back from vacation. yesterday we saw so many travel delays. i was on a flight delayed about three hours from chicago due to heavy rain across portions of the northeast. we have flood concerns. not so much across places like new york city southward. those flood threats are easing. that storm system is further off to the east. we have the drier air moving in. it is concentrated across new england eastern parts of maine, new hampshire, massachusetts that is where you could be looking at flooding today due to the same storm system that continues on the move. heads up if you are doing any kind of traveling boston travel delays, washington, d.c. should be much smoother in terms of any travel. in miami parts of south florida will be seeing heavy showers and storms especially this afternoon. g travel die laes out there. want to take you through parts of texas, oklahoma, you could be

looking at severe weather through the afternoon and evening hours. isolated tornadoes and localized flooding will be possible. temperature wise still below average across portions of the great lakes and also into the plains states. that is where you are looking at highs. for july standards very cool only in the low 70's for some of you. texas b texas widespread into the 90's and triple dig getteds. >> it is 20 minutes before the top of the hour. sometimes the skies are friendly. are you buying that one? is we have the best airlines ranked and there's one missing from that. we will explain. >> guess which one. a plane comes crashing out of the sky just missing the crowd. what caused a near miss? stay tuned. [ male announcer ] hands were made for playing.

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>> welcome back. the mayor clinic in rochester, minnesota, has been named the best hospital for the first time. u.s. news & world reports annual score card of the top hospitals ranked mayo clinic on skill and experience on 16 medical specialties including cardiology, diabetes, gynecology, neurology and oert peed dicks. john pop hopkins ranked two and three followed by the cleveland clinic and ucla medical center in los angeles. >> more cramped uncomfortable airline seats may come your way if you fly on a plane made by air bus. air bus submitted this patent for a retractable bike style saturday. the company acknowledges it is not a passenger friendly decision. the air bus bicycle seat would

be like the folding seats you can sit in at the ballpark. they would fold down when you use them and flip back upt÷hcñ it is unoccupied. >> no. just say no. absolutely not. >> passengers have spoken. the top ten best airlines in the world are... >> isn't it an oxymoron. >> the one with the bicycle seat. >> lori rothman is here with us. >> u.s. airlines has been crowned not one u.s. carrier even cracked the top ten. sky track surveyed 19 million passengers worldwide and cafe pacific last year's winner emirates which went to 4th play. cathay pacific won the title four times this year 2003, 05 and 2009. qatar airlines and singapore airlines second and third place respectively.

australian airlines slipped down after job losses and bad press last week after one of the flights forced to turn back after water flooded cabin aisles. it turned up all over social media. winners in specific categories. qatar had the best first class cabin. singapore airlines and award for best cabin crew indonesian airlines. not even best for movie selection or best peanuts for any u.s. carrier. kind of a sad state of affairs. >> a lot of those foreign airlines can be pretty fancy. >> maybe first in fees. >> you are not wrong. >> the time is 15 minutes to the top of the hour. want to make $6,000 tax free? the controversial classified ad emerging from the crisis at the border funded by you. >> first let's check in with steve doocy to see what's coming up on "fox & friends." that is one story we will be talking about in a bit.

>> i bet you are right. i am more curious which airline would be first in cheese? air wisconsin maybe. >> midwest express. they are not around any more. >> and you would have to pay for it. >> of course. it is always something. coming up on "fox & friends", bowe bergdahl back on desk duty. he hired a big lawyer. wait until you find out about this guy. new details on the investigation and the attorney he's already met. plus, grumpy the cat is back with a brand new video and a new friend. they are going to be here live for a world exclusive. also a 40-year-old mother of two makes it to the new orleans' saints cheerleading squad. she is going to join us to tell us about her trip. we have a busy three hours. kicks off 13 minutes from right now on your channel for news, fox news. i make a lot of purchases for my business.

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good morning. it's just about ten minutes before the hour. listen to this story. do you want to make an extra $6,000 a month? well, who wouldn't? here's the trade-off. all you have to do is welcome some of those immigrant children into your home. this ad is now appearing in the classified newspaper, the local penny saver in murrieta, california. the ad asks parents to provide foster homes for, quote, survivors of human trafficking and unaccompanied refugee minors. for your trouble you can get up to $6,054 each month. the company behind the ad is saying it is perfectly normal for foster care agencies and the compensation is actually set at the state level. murrieta, california, by the way, is where those protesters blocked buses of immigrants from coming in to their town.

i think a lot of people will have something to say about that one. >> tensions along the border continue to heat up and the rio grande is becoming ground zero for the surge of immigrants. john roberts got a chance to tour the river with border agents. he is actually in mission, texas, along the rio grande with the story. >> if you want to get a real understanding of what's going on down here, if you want to get a real perspective on how big this problem is, you have to come to the river. we took a tour with the chief of the rio grande sector of the border patrol kevin oaks. what we found is 300 miles of twisting, turning water that he and his border patrol agents are responsible for with hundreds of places, every few hundred feet for people to cross from the mexican side and as many places on the american side for people to hide. but there are tens of thousands of central american migrants whose goal is to caught by the border patrol because they

know they're going to get to stay at least for awhile. chief afns was brought here from washington, d.c. in aprils the government realized there was going to be a huge crisis here. >> do you believe there is a crisis? >> we're not panicking. it was a little tenuous for awhile. we were looking at the huge populations and it made us a little nervous. >> he says it is impossible for law enforcement to do it alone. there needs to be deterrents in the home countries where these migrants are coming from. a texas republican congressman says a good deterrent would be if the president were to personally get involved in the repatriation of illegal aliens. >> he gets a photo op of drimpging -- drinking beer but avoids a photo op with kids which would be the most compassionate. >> but there is not much of

a chance the president willing do that any time soon. he is trying to push through a request of $3.7 billion in spending to address the situation which at the moment in congress looks like it is not going anywhere. heather. >> thank you. it is now seven minutes before the hour. the food police are now targeting millions of americans who are on food stamp ps. listen to this. if you eat healthy foods, you could possibly get free movie tickets. is this a good idea? your responses next. >> there is nothing sweet about it. changes at one of the world's most popular chocolate companies that will leave a bitter taste in your mouth. ♪ ♪

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♪ ♪ >> see those flags flying there in new york city, that never gets old. radio city so proud to be an american as the sun comes up across the united states. thanks for joining us. it is three minutes till the top of the hour. before you leave the house here's what happening. police catch an intruder breaking into the compound at hyannis port. they arrested the man after they found him in ted kennedy jr.'s kitchen. army sergeant bowe bergdahl hires an attorney. "fox & friends" confirms the two met once. the c.d.c. getting grilled this morning.

a committee will question the director of the centers for disease control and prevention about biosafety lapses including one that led to the exposure of 84 people to live anthrax. time to look at the good, the bad, and the ugly. first the good this morning. a baby finding the simplest thing just hysterical. [laughing] so sweet, isn't it? a three-month-old little baby cracking up as his mom pushes the button on a water fountain. >> chocolate lovers will be paying more. hershey raising prices by 8% because the cost of ingredients are going up. finally the ugly. it's a model airplane that looks like the real thing. it crashes into a fence

surrounded by people at a show in delaware. no one was hurt. a malfunction with the motor is being blamed on that. >> we should have laughing babies on the show every morning. time for your brew on this responses. earlier we told you about the usda suggesting major changes at the grocery store. they want the more than 47 million americans on food stamps to spend their benefits on fruits and vegetables, one point-based system where they could get movie tickets in exchange for healthy food purchases. >> we asked is this nudging nutrition a smart idea or waste of money? >> jean says people are going to use the food stamps on whatever they want. the monitoring is a waste of money. >> karen on facebook says there is no guarantee if they buy the healthy food that they will consume it. thanks to everyone who we sponded. -- thanks to everyone who responded. we want to talk about the president's failure to go to the border having

nothing to do with photo ops. what do you think? head to us after the debate, hash tag keep talking. stay tuned for "fox & friends." >> good morning. it is wednesday, july 16. i'm elisabeth hasselbeck. we begin with a fox news alert. bowe bergdahl just got a lawyer. meet the man ready to defend the alleged deserter, and wait until you hear who his other clients are. >> called out, the president who last week said he's not looking photo ops just did a photo op. >> the president enjoying himself in his photo op this afternoon. >> wendell asked the white house and they answered but you're probably not going to like the answer. there, by the way, is the president at his photo op. >> she's everyone's favorite frowning feline. it's grumpy cat. ♪ ♪