a new study finds drinking soda every day can age you just as much as smoking. a 20-ounce soda equals an extra 4.6 years of aging. >> "fox & friends" starts right now. >> good morning. it is tuesday, october 21. we're going to start with a fox news alert. he shot and killed his model girlfriend and moments ago blade runner oscar pistorious was sentenced to prison. but did he get less time because of his celebrity? we are live with those breaking details. >> the president responds to all those democrats who are avoiding him out on the campaign trail. >> these are folks who are strong allies and supporters of me, and i tell them, i said you know what, you do what you need to win. >> why does he keep talking, the democrats are wondering. is the president hurting his own party more than helping you?

you be the judge. >> the world's most infamous intern takes center stage. >> i fell in love with my boss in a 22-year-old sort of way. it happens. but my boss was the president of the united states. >> and that's not all she had to say. more from monica lewinsky revealing her mission straight ahead. because as anyone will tell you, mornings are better with friends. >> it's time for "fox & friends." >> catching bugs bunny. >> is this live from kansas city? tonight the world series kicks off and apparently bugs bunny is starting. >> he is very quick and dexterious. >> maria is out there. i'm filling in for elisabeth this morning.

i got to she an extra hour so that was night. >> we start with breaking news. >> oscar pistorious heading to prison for five years. that sentence handed down this morning in south africa bringing the month-long trial to a dramatic end. let's go live to london with the latest details. >> hi ainsley, steve, brian. oscar pistorious is being moved as we speak to pretoria central prison which people on the ground are saying is not an easy place at automatic and this he will be evaluated in terms of whether he should be in the hospital wing or with the general population. his disability being taken into account this. he wasn't supposed to be moved until this afternoon. he was to remain at the court in the holding pen. something has shifted and he is on his way now to prison. the judge this morning in that south african courtroom saying that avoiding a custodial sentence would send the wrong message to society, but too long of a jail sentence would be lacking

in mercy. it was a tough balance. oscar pistorious by many accounts is a broken man and has been remorseful, but the judge made the point that the degree of recklessness with which he used the gun the night he killed reeva steenkamp could not be overlooked. he was convicted of culpable homicide. pistorius said he thought he was shooting at an intruder in his bathroom, not his girlfriend. the judge talked about the difference of what society wants versus what society needs in terms of a punishment. she talked about the need for pistorius to be rehabilitate and made iewft to society in the future. >> steenkamp's family said they are basically satisfied with the sentence. they think five years is enough, but ultimately what will happen here is that that sentence will be whittled down. no doubt all sides are saying he could end up really only spending a year in jail and the rest of that time made up with house arrest.

>> wow. thank you very much. >> it was amazing to watch the judge deliberate. what about this? what about this case? and went into such detail, i forgot what she was saying. in the beginning i was saying he is going to get everything thrown at him. then they started pointing out all the things he does for charity, what he represents as a kid, how his parents taught him. it is fascinating -- >> do you think he got five years because of the celebrity? >> judging by the -- the judge recapped the entire operation. >> that's a good thing. that shows she was on the ball. they've got a different setup over this. judge napolitano actually likes the way they've done it over this. what is interesting though, and this is the important thing, it makes you wonder whether or not he's only getting five years because he is like the most famous person in south africa, is that he's not going to serve the full five years in prison. there he goes right there. the defense says he could be released to house

arrest -- in other words, he would be in that same house -- in ten months. that's an eye-opener. >> he's an olympic star. he's extremely famous in that part of the country, or that part of the world. he's a disabled individual. he cries in court. he says he didn't mean to do it. he's paying her parents $500 a month or about that amount to help keep them on their feet because their daughter was paying for them because they don't have much. i think all of those are factors that come into play. only five years? i don't know. her parents said they thought it was fair. >> they were just quoted as saying through the entire process. i think the process is an interesting debate, but in the final verdict, reading of the verdict it was almost as if it was a tv show. they said in case you missed the last year, let me recap everything. also i'm going to add in what i did today and what i might do tomorrow. >> as you said, it is just because they felt he should

pay something and at the very least he's going to spend at least a year in jail before he is releaseed to his house. >> if he is released it will be interesting to see what happens afterwards. look at o.j., where did he of six other bodies in the city of gary, indiana. >> describing and helping detectives locate three other female victims in

gary. three other victims have been subsequently located in the city of gary with the assistance of the suspect bringing the number to seven. >> authorities say there may be more victims dating back at least two decades. jesse matthew, is the prime suspect in the disappearance of u.v.a. student hannah graham, has been indicted in an unsolved sexual assault from 2005. a grand jury charging matthew with three counts included attempted capital murder. the victim helped police create a sketch of her attacker and that linked matthew to the 2009 murder of virginia tech student morgan harrington. harrington's body was found a short distance from where a second set of human remains were found saturday. police are working to identify the body as missing u.v.a. student hannah graham. minnesota representative michele bachmann is under special

protection after being threatened by isis. the republican congresswoman's photo appeared on an on-line video by the terrorist group. the specific threat against michele bachmann has not been outlined but it is believed her detail will last until january, when she leaves office. >> legendary designer oscar de la renta passing away at his home in connecticut after a long battle with cancer. for decades his evening gowns have been the favorites of royalty, movie stars and first ladies including jackie kennedy, nancy reagan and laura bush. mrs. bush said in a statement we will always remember him as the man who made women look and feel beautiful. >> he was 82 years old. ainsley, those are some beautiful dresses. >> he's such an artist. >> any bride knows oscar de

la renta. >> when i heard that news, i was shocked because we see him in all these shows, the fashion shows recently. >> tu look at -- let's switch gears and talk about politics. if you look at what the president has done over the last six months you can see why he's plummeting in the polls. think about the ongoing situation with the i.r.s., think about bowe bergdahl, think about the ebola reaction as well as isis and what led up to that and that is the rapid pullout of u.s. forces, allowing chaos to reign in the middle east. come the mid term elections you knew his party would have to struggle. the best thing for a president to do in his final lap usually is to back out and stay out but for some reason this president is having a hard time doing that. two weeks ago saying what his own party said was a mistake when he said my policies are on the ballot when -- even though i'm not on the ballot. think about what he said

yesterday. >> he was on the radio show with al sharpton saying democrats in red states are spending millions of dollars trying to distance himself from him in commercials. yesterday he said whatever they tell you they are on board with me. listen. >> the bottom line is these are folks who vote with me. they have supported my agenda in congress. they are on the right side of minimum wage. they are on the right side of fair pay. they are on the right side of rebuilding our infrastructure. they are on the right side of early childhood education. this isn't about my feelings being hurt. these are folks who are strong allies and supporters of me. i tell them, i said you know what, you do what you need to win. i will be responsible for making sure that our voters turn out. >> mary landrieu and mark pryor, you do whatever it takes to win, and i'm going to do the stuff for you. you know, if you're them, you're probably thinking in the back of your head, mr.

president, with all due respect, please shut up. the election is two weeks from today. >> this is the way many people are reading it. they're saying okay, the president is telling everyone i'm going to distance myself from you. however, america, all these democrats have voted with me. they're all my friends. they're going to continue to vote the same way i'm going to vote but i'll keep my distance. a lot of americans are reading that as he's selling them down the river. he's thoag his own party down the -- throwing his party down the bus. >> grimes won't admit he voted for him. senator begich was asked did you vote for president obama? he said no. a lot of people are saying they kind of regret their affiliation with the president, the president said yesterday in a series of radio interviews, the last with al sharpton that they are indeed on the same page and if they got reelected it would be business as usual. >> the election is two weeks away from today. when people decide whether or not they're going to

vote for somebody who's running for the senate, for instance, you've got to think, if that person voted 98% of the time with the president, how's he doing? "politico," the lefty blog, had this poll. which of the following comes closest to your own view about the united states? 64% of you say america is out of control. and if you recall, that isn't too far away from the fox news poll from last week that said about that same margin of people in the united states feel that america is going to hell in a hand basket. >> an interesting phrase. >> send us your e-mails. we would love for you to weigh in on this. we'll be talking about it throughout the show and read some of the comments. >> about 50% of the country say so-called experts say the senate will go to the republicans. it is far from a done deal. there are so many neck and neck races. that statement could make a huge difference. >> it is 12 minutes after the top of the hour. horror in the heartland.

an accused serial killer confesses to killing six women. now there could be more. the mayor at the helm of the investigation here live next. >> a trim to the pumpkin patch turns into a huge surprise for that little girl when her hero dad comes home. an incredible reaction that will bring tears to your eyes straight ahead. ♪ ♪ why do i cook? because i make the best chicken noodle soup >>because i make the best chicken noodle soup because i make the best chicken noodle soup for every way you make chicken noodle soup, make it delicious with swanson®

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the bodies of seven females discovered in indiana, now police identified convicted sex offender darren vann as the suspected serial killer and they've got another warning. >> his level of cooperation and the things he told us would indicate possible other victims could surface. >> 13469 murders may -- some of the murders may go back as 20 years. where does the investigation go from here? joining us now is the mayor of gary, indiana. thanks for joining us. now the number is at seven. do you believe it is going to grow from there? >> we certainly have information that there may be other victims. at this time we have not been made aware of any other victims, but certainly our hearts go out to the victims that have

been identified thus far. >> were any of these high-profile investigations that are finally being solved? because they seem to have gone under the wire, at least the national spotlight. >> there was only one missing person report that has been associated with this case so far, and that was the case of annette jones. she was reported missing in gary on october 8, and we were actively investigating that case. >> let's go through the time line from what we know right now, and sadly this could grow. police called to the motel 6 on friday where they found the body of afrikka hardy. friday night the suspect is taken into custody and confesses. saturday the police find a body of annette jones. another body found sunday evening. another body found 10:00

sunday. two more bodies get discovered. is this from one single conversations or is he continuing to talk in prison and lead to you these locations? >> it is the result of multiple conversations. what you should understand is that the initial case started in hammond, indiana. and as a result of being taken into custody, this suspect led police to three bodies overnight on saturday and then thee more overnight on sunday. >> we know he's from texas. do we sense there could be other bodies across the country? are you getting the sense this could go beyond indiana? >> we really don't know at this time. it's the continuing investigation. the suspect continues to talk to police. it's noteworthy that the bodies that were recovered in the city of gary were a resulult of these conversations. >> is it also -- do you know the way all these

ladies sadly lost their lives? we understand one was through stang laition, it looks -- one was through strangulation, it looks like a hanging. >> at least three of them were in fact strangled, to our knowledge. >> wow. mayor, do you expect press conferences today? do you expect anything to happen today? >> as things develop, we are keeping the media, and more importantly keeping the public informed, and we don't know at this juncture but there may be a press briefing this afternoon. >> mayor karen freeman-wilson, thanks so much. wish it was on better terms. thanks for joining us this morning. >> thank you. >> ten minutes before the bottom of the hour. straight ahead as new c.d.c. guidelines are being announced one nurse reveals her ebola kit. >> that would not keep anybody safe. the bag that was, that you have a picture of was just given to employees today. >> what does this say about

the new government guidelines? dr. samadi explains next. nba jerseys may be getting a serious face lift. sponsors line up. ♪ ♪ ♪ ♪ decay. ♪ ♪ it's the opposite of evolution. the absence of improvement. and the enemy of perfection. which is why you can never stop moving forward. never stop inventing. introducing the mercedes-benz gla. a breakthrough in design, aerodynamics and engineering. because the only way to triumph over decay... is to leave it in its own dust. ♪ ya know what salesman alanim a ready foames becomes?he second his room is ready, i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

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got quick headlines for you on this tuesday morning. incredible new video showing what's left of an f-16 fighter jet after a mid air collision over southern kansas. look at that. just smashed right into another f-16 during an oklahoma international guard training exercise. one pilot managed to eject with moments to spare saving himself. the other able to fly back to tulsa and landed the plane. terror in the north. canadian police investigating a hit-and-run as a possible terror attack. the man who was shot dead

after running down two soldiers had been, quote, radicalized. canada saying the recent convert to islam was known to law enforcement. one soldier was seriously injured. that's the news. the latest on ebola. ainsley? >> thank you, steve. the c.d.c. releasing new guidelines for health care workers treating ebola. from now on workers must wear protective gear covering their entire intoadz including a hood -- entire bodies including a hood. they must put it all on in a designated area while monitored by a trained supervisor. this as one nurse revealed shocking new information. >> we have a picture of a baggie that contained the outfit for the ebola kit prior to these changes. do you think that what was in that little bag would keep anyone safe? >> that would not keep anybody safe. the bag that you have a picture of was just given to employees today.

>> today? >> today. >> what's in there? >> the problem is that all of the c.d.c. guidelines, as good as they are being strengthened, are still voluntary. >> what does this say about the new guidelines? let's ask our fox news medical a team's dr. david samadi. thanks for being with us, dr. samadi. they received those little baggies with the new gear before the new guidelines came out. now we have new guidelines with different instructions on what to do if you're a health care worker. do you think these are safe? >> the bags you saw is what we use all the time for contact isolation. before ebola, any time we go to see patient that's what you have. you put a gown on, your shoe cover. you put a mask and head cover and that's it, with one pair of gloves. obviously that's not enough for ebola, right, and that's why these nurses are extremely upset because there was no real communication from c.d.c.

all the way to the nurses. it goes through these e-mails and it can stop. what she said is the hospital, this is based on voluntary. they can listen to c.d.c. or take the whole guideline or half of it or whatever it is based on finances or whatever their issues are. look at what tom frieden was wearing in liberia. everything was covered. two gloves. no skin was seen. you have the respirator, et cetera. the new c.d.c. guidelines talk about having a whole space where you put the gown on, take it off. if you and i are taking care of a patient i'm going to watch you and make sure you're not too tired because after a half-hour in these gowns you get dehydrated and tired. i've got to pull you out of the room and say enough. >> dr. samadi, if you found out that you had ebola at your hospital, would you go and put on whatever is in that little baggie and feel safe. >> obviously it is not

enough. one of the things i said is not every hospital in america can or should take kay of these patients. we need a very specialized centers where people, infectious disease doctors are there. they're well trained. it takes hours to put this stuff on and on. the nurses are not well trained in this. i see a lot of psychiatrists coming talking about fear and panic. >> no wonder there's fear and panic. >> i understand. we need to pull these shirchgz out of tv -- shrinks and really go to work. >> we get a lot of calls that say ebola is at our hospital. i know it looks like the flu but the c.d.c. is all over the place. that is why people are panicked. >> people please get the flu vaccine because the first initial symptoms are like that. >> coming up, this you have

to hear. before you hit the road this morning. your air bag could randomly explode sending shrapnel into your face. we'll tell you what you need to know next. for the first time the most famous intern ever, she is back in the spotlight and you know who she is. >> i fell in love with my boss. >> more from monica lewinsky and her latest mission. ♪ i'm an idaho potato farmer

and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

less-expensive optionf than a traditional lawyer? at legalzoom you get personalized services for your family and your business that's 100% guaranteed. so go to legalzoom.com today for personalized, affordable legal protection. ♪ ♪ >> that is fantastic. it is your shot of the morning. this dad who is obviously an artist makes an ape shape pancake for a meal.

that is unbelievable. >> don't you have to put butter on that pan in order to make it flip like that? >> no. it's teflon. >> there are really nonstick pans? >> they have had it since the 50's. >> can tell you're not in the kitchen much. >> i've always put burt -- butter on that. >> if you've done that, write us, send a picture. let's talk about monica lewinsky because we haven't in a long time. i give her a lot of credit. she goes in front of a capacity crowd, huge crowd -- what is the name of this group? >> the forbes summit. >> it looks like she's ad libbing it. she decides what made her famous and that is being an intern and having a relationship with the president of the united states. after she outlines some of the things she's been through, you realize how

badly the media treated her back then. >> let's face it there was bad behavior on the part of two adults there. here she is talking about how she fell in love with her boss bill clinton. >> 16 years ago fresh out of college, a 22-year-old intern in the white house, and more than averagely romantic, i fell in love with my boss in a 22-year-old sort of way. it happens. but my boss was the president of the united states. that probably happens less often. now, i deeply regret it for many reasons, not the least of which is because people were hurt. and that's never okay. >> at one point she does talk about -- and this is something i had never heard before -- that their affair

lasted two years. remember, the way it was depicted, it was kind of an off and on thing, so to speak. she describes it as off and on for two years, which that's curious. >> some women might say good for her. he was exonerated. she should be exonerated, but the point you mentioned, steve, at the end of the day they had an affair. >> you've got to wonder why is she coming out there? there are going to be cynics, like when the article came out in vanity fair a couple of months ago, maybe she's doing this in coordination with the clintons because they're trying to get that story out there before hillary decides to run next year. was she paid a lot of money to do it? don't know. why exactly is she coming out this year, the year before hillary runs for president? it could be just a coincidence. we don't -- >> it seems like she's having trouble getting on with the rest of her life.

she can't get out of first gear. the handbag thing didn't fly. reading some of the headlines back then, bad enough the whole thing is ugly. when they start mocking you and your weight and the way you look and your hair, it seems like something we would not do today. >> what she was involved with led to the impeachment of the president of the united states. it is not like she just went into macy's and shoplifted something. this is a pretty big thing. >> speaking to a group of leaders, these are 30 leaders under the age of 30. i don't know if i like that. >> go on to our facebook page. tell us what you think is at play there. 35 minutes before the top of the hour and heather nauert joins us with breaking news on this tuesday morning. >> good morning to you. ainsley and i are nodding about your last story. we have a fox news alert. oscar pistorious has been sentenced to five years in prison. that decision handed down earlier this morning in south africa. the judge saying that anything less would send the wrong message but

anything more would lack mercy. it is unlikely pistorius would serve tpz entire sentence. the prosecution and the defense agreeing he will serve a much shorter term. the prosecution expecting a year; the defense hoping for just ten months. a major warning before you get behind the wheel this morning of your car. the national highway traffic safety administration telling more than 4.7 million drivers with model year cars from 2000 to 2006 to see their dealers and check their air bags immediately. that is because those air bags could explode and become very damaging to you. the recall affects toyota, mazda, nissan and g.m. vehicles. head to nhtsa -- national highway traffic safety administration --.gov. >> jerseys may change the look of professional sports forever. european teams are doing it and rake in multimillion

dollars from these deals. experts say we may see it in the united states within the next couple of years. the first league to make that change, the nba. a trip to the pumpkin patch turns into a huge surprise for this girl in north carolina when her hero father comes home. >> trick or treat day. >> pumpkin day! >> daddy! [crying] >> sweetheart! >> that makes me want to cry, tear up right here. that father just home from a ten-month deployment in afghanistan, and she was crying because she missed him, as little kids do with their parents. welcome home. those are your head lanes. so sweet. >> that is great. >> just in time for halloween. 22 minutes before the top of the hour. game one of the world

series, kansas city royals facing off the san francisco giants. live from kansas city is our own maria molina. maria, kabul -- maria, can you believe you're in kansas city talking about the world series? >> take a look behind me. you have the field already set for the game coming up tonight. i'm really tempted to just run around the bases out there. everything is set. we think that we are the first people here in the stadium this morning. the stands are empty. we haven't seen anyone around. of course those people had been showing up coming up later this afternoon and those stands are expected to be packed. by the way, both of these teams were wild cards so they almost didn't make it into the playoffs. now you have the royals going undefeated in the post season 8 and 0 and you have the giants who have won two times the world series in the past five years. so two incredible teams

coming up to head here 8 p.m. eastern time on fox. otherwise the weather conditions are not expected to be an issue coming up here tonight in kansas city. we're looking at temperatures that are going to be in the mid 60's for the first pitch and the winds are also going to be very calm from the east at 5 to 10 miles per hour. cool and clear conditions out here. across the rest of the country, we have temperatures that are a lot cooler today across parts of the northwest. yesterday you were in the mid 70's across the northern rockies. today you're in the 50's in places like missoula. in places like the northeast we have a nor'easter developing. that will bring heavy rain across parts of new england. gusty winds, travel delays and even along coastal areas you can be seeing beach erosion. the storm system going to produce issues out there across parts of the northeast. otherwise, enjoy here the weather in kansas city. steve, ainsley, and brian, good to see you. let's send it back over to you in new york. >> all right.

maria molina apparentlily figured out how to turn on the lights. 20 minutes before the top of the hour. coming up on this tuesday, this is no rodeo. this is a busy new york city street. i know right where that's at. a carriage horse gone rogue and it is all caught on camera by the jacob javits center. >> government workers paid to stay home and do nothing on your dime. how is this happening? stuart varney is going to weigh in and tell us. he's live next. ♪ ♪

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>> to quick headlines this morning. take a look at this crazy escape. it was caught on camera. a group of men riding that elevator in china when they got stuck between floors. lucky for them one of them had a chisel and a hammer

handy. he was able to make a hole big enough for someone to crawl out of and then he got help. check out this horse trotting around manhattan's west side. this guy apparently ran out of his stable while he was having a bath. the nypd trying to corral him by flashing their red and blue lights and pulling their car in front of him. >> he's going to get a ticket and in trouble. >> my dogs don't like their baths either so i understand that. >> a new report now revealing some 57,000 federal roarks were paid to stay -- workers were paid to stay home for theeft -- at least a month. the workers stay home while under investigation for misconduct which can take up to a year. why are they paid the entire time? joining us from our sister network fox business stuart varney. stuart, it was your decision to pay them. why? only kidding. you looked into this. this is outrageous. >> 53,000 were put on paid

administrative leave for one to three months. 4,000 from three months to a year. 263 from one to three years. all of this time they get full pay, full benefits and their pension accrues. there are two kinds of workers. there's government workers and there's everybody else. you're a government worker, you've got a job for life. you cannot be fired. >> look at lois letter -- lois lerner, after it hit the fan and she apologized to everybody on the right. she was put on leave until she retired. >> paid administrative leave from may 2013 until she retired fully. that is administrative leave, that is working for the government. >> let me get this straight. we all wake up early, early in the morning. some people out there go to jobs that they hate. they're doing it to put food on the table for their family. they're waking up early so

their tax dollars can be pulled out of their check and pay for people who stay at home. these are people who have had disciplinary action. >> if you're suspected of misconduct or you've been abusive at work or messed things up at work, if you're a federal government worker, you don't get fired like the rest of us, you're not told to clear up your desk and get out of here, escorted out by security. no, no, you're put on paid administrative leave. this is why the government doesn't do things right. >> let me ask you this. let's say you've been on paid administrative leave for two years and then it is adjudicated, however they do it, and it is determined that you did something wrong. do you then have to pay that money back to the government? >> no. of course not. >> they should! >> are you crazy? this is government workers we're talking about here. >> for the record, ainsley loved your question. >> i did not like the answer, though. >> senator grassley is trying to change that with

legislation. >> at the moment this is no legislation pending now. >> according to your work sheet you have to work between 11 and 1, varney and company. >> i've got it made, baby. >> don't miss "varney and company" on fox business network. if you're not sure where to find it in your area log on to foxbusiness.com/channelfind er. >> thank you, sir. >> coming up, stuart, have you seen this ad? >> have you seen this picture. it is the one david purdue used to try and attack me in this campaign. but what he doesn't tell me is that it was taken at an event honoring president bush. >> she might not be telling the whole truth. this morning president bush is speaking out. >> so confused. the government planning to weed out misinformation by watching your social media posts. what does that mean? for freedom of speech judge

napolitano loves this topic, so we woke him up to have him talk about it. he's all atwitter. ♪ ♪ ♪ are we still on for tomorrow? tomorrow. tomorrow is full of promise. we can come back tomorrrow. and we promise to keep it that way. csx. how tomorrow moves. what a day. can't wait til tomorrow.

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government program now borrowing a term from steven colbert. >> you're look at a straight shooter, america. i tell it like it is. i calls them like i sees them.

i will speak to you in plain, simple english. that brings us to tonight's word. truthiness. >> well, that invented word is the name of this new federal project. truthy is going to monitor your social media posts to study social pollution. what they, the government, deems misleading hate speech and political smears. isn't that a violation of your freedom of speech? let's talk to gentleman napolitano. >> if this were being done by a private university that was interested in the social phenomena of social media and what provoked people to say what they say on facebook and twitter would be one thing. but when the government collects and monitors speech, that triggers all kinds of bells and whistles in the constitution. first one, when the government wants to investigate anybody for

anything, they have to have what's called articulatable suspicion. they just can't just throw out a net and bring in whatever the net catches. it has to have a reason that it can articulate to why it's interested in a particular person. no such reason here. second bell and whistle, the first amendment. the courts have interpreted that to mean congress cannot do anything, congress cannot let the government do anything to chill your speech, to deter you from speak, to make you afraid of speaking truthfully because you're worried that the government is watching and monitoring. >> absolutely. >> that's exactly what's happening here. >> what's troubling to me is let's say i write something on line that is to one side of the political spectrum and then whoever is watching at the fcc or wherever at its university where the truthy squad is, they're going to label what i wrote as media pollution or

social pollution and try to crack down on me. >> when people are under -- well-known psychological fact, when people are under observation, they change on a counter -- >> because you feel intimidated. >> correct. when the observer is not your doctor or your neighbor or your parents or your friends but the government which can punish you and customers you, you tend to whole back. the whole purpose of the first amendment is to encourage open, wide and robust debate about the government. this project that the government is paying for will have the opposite effect. it's wrong and unconstitutional. i tell you the first federal judge before whom this is challenged will stop it from going further. >> this reminds me people of the time the fcc was going to send researchers into news rooms. >> i wonder whose news room they had in mind. >> make sure they're covering the important news to the government. >> that died on the vine and i suspect this will as well. but in the meantime, the

government spent millions on the project. where did that come from? you, me, everybody watching us this morning. >> absolutely. thank you very much. >> always a pleasure. coming up on this tuesday, you heard from the mom who is upset that these "breaking bad" toys are being sold at toys r us. this morning the show's star is firing back. probably with that guy. and this dog getting warmed up. when we come back, the tricks even most humans can't pull off. come o you guys. ♪ ♪ on my journey across america, i've learned that when you ask someone in texas if they want "big" savings on car insurance, it's a bit like asking if they want a big hat... ...'scuse me... ...or a big steak... ...or big hair...

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good morning. it's tuesday, october 21. i'm ainsley earhart filling in for elisabeth. a fox news alert. he shot and killed his model girlfriend and while you were sleeping, the bladerunner, oscar

pistorius, was sentenced. and he could be out of prison in less than a year. was he given a break because of his celebrity? we're live with those break details. the president responding to all those democrats who are avoiding him on the campaign trail. >> these are folks who are strong allies and supporters of me and i tell them, i said, you know what? you do what you need to win. >> how will that play in the polls. play all my cards, why don't you? >> and we all heard from the mother who is upset these "breaking bad" toys are being sold at toys r us. this morning the show's star firing back. you want to hear about it? stay tuned, you're watching "fox & friends" on the fox news channel. >> it's time for "fox & friends" ♪

♪ >> i wonder why they made those small boards. now i know. >> it's jackie the jack russell terrier. you've seen him on times many, many times. millions of views and he's here to help promote an ad to help kids spell. >> i don't mind if people on the set or on the show are better athlete, but when the dogs are the best athlete, it's discouraging. >> he has four leg. >> let's start with this. serious news. oscar pistorius sentenced to five years in prison. but he could be out a lot sooner than that. >> let's go out to london. amy kellogg joins with us a live report. >> reporter: hi, steve, brian and ainsley. there has been so much emotion

and pain visible throughout the course of this trial. we've seen oscar pistorius crying and retching in court, reeva steenkamp's father had a stroke during this period. but it was oddly calm in the courtroom today when the sentence was read out. it was as if both sides had expected in the end. oscar pistorius was whisked from the courtroom off to prison shortly after the sentence came down in an armored vehicle. his five-year prison sentence will likely not really last five years. in fact, both sides are now saying it may be just a year. then there will be some sort of house arrest to follow. the judge pain-stakingly laid out her reasons for choosing the sentence, talking about a balance between the signs, sentence society. reeva steenkamp' family said they were satisfied. i have think they just needed to see him do jail time for taking their daughter's life, even if the judge concluded it was an

accident. oscar pistorius' uncle said his family accepted the sentence saying oscar will embrace this opportunity to now begin paying back society. of course, there are people already who have been speaking up outside the courtroom saying they don't think that the sentence was stiff enough. i think it will take some time for people to digest that five queers will probably not be five years. for now, both sides do seem satisfied. however, there is a possibility that either side could appeal within the next two weeks. back to you. >> all right. we thank you very much. >> i can't imagine defense appealing that verdict. he's got to feel as though he got away with it. five years in prison for what he did. i think this trial was so sensational by the fact that you were hearing him sob basically for months. >> defense thinks evenly only be behind bars for ten months. >> that sounds like a pretty good deal.

oscar pistorius, officially sentenced to five years in jail. but it wily be ten months at home. meanwhile, if you are a republican and you're running for senate and the race is real tight right now, what you got to hope is that somebody on the other side, on the democrat side does something that helps you. it was two weeks ago where the president of the united states actually helped them by saying i'm not on the ballot, but my policies are. well, the president helped republicans once again yesterday. he was on the radio with al sharpton when he made a comment, you know those democrats trying to distance themselves from me?

saying though voted for for me and they'll continue to. >> those are the kind of things you say in private. not public. meanwhile, democrats may not want to align themselves with president obama, but they are hoping former president bush will help them. this morning democratic senate candidate michelle nunn taking heat from george herbert walker bush for a new campaign ad. james rosen up early in washington. >> reporter: good morning to you. this ad marks the second time democratic senate candidate michelle nunn made use of a photograph of herself with former president george herbert walker bush in her bid for georgia's open senate seat. >> you see in this picture, it's the one david purdue used to try and attack me in this campaign.

what he doesn't tell you is that it was taken at an event honoring president bush who i worked for as ceo of his points of life foundation. >> yet it was the republican senate candidate in georgia, david purdue, former ceo of dollar general, who has been endorsed by former president bush who sided purdue use private sector success. bush 41 called on michelle nunn to stop using that photo in campaign literature. now in response to that ad, his spokesman is telling the atlanta journal constitution, quote, michelle and her team have been clearly repeatedly and consistently told that president bush did not want them to use his photo as part of this campaign. apparently the nunn team feels they can repeatedly disregard the former president's wishes. he says it's so disappointing because it's so disrespectful. purdue's e commanding lead. nunn attacked purdue for saying he testified against outsourcing

drop. nunn has been portrayed as too liberal. here is the shocking news in all of this, election day is now just two weeks away. >> allall right. thank you very much. what do you think? you think she's going to stop using george h.w. bush in the ad? >> i think she has to. don't you think? >> evidently it's in a virtual dead heat. heather nauert is here. >> hi. i've got news to bring you. suspected serial killer in indiana captured. police say the 43-year-old darren vann's confession to murdering a 19-year-old woman then led to the discovery of six other bodies that had been stashed in some of the estimated 10,000 abandoned homes in the city of gary, indiana, just outside of chicago. the mayor of gary joined us earlier on "fox & friends" and says vann is leading detectives to other bodies. >> continues to talk to police

and it's noteworthy that the bodies that were recovered in the of gary were a result of these conversations. >> police believe there could be more victims dating back to at least two decades and more charges are expected. centers for disease control issuing new guidelines for healthcare workers who may be treating the ebola virus. under the new protocol, workers now have to use a face shield, gown, boot cover and double gloves with a hood that completely covers their head and neck. they also have to have a designated area for putting on and taking off the haz-mat gear and there need to be supervised by trained monitors. the new guidelines come as 43 people who weregsci[ thomas duncan are declared to be ebola free. the fashion world is mourning the loss of a legendary designing icon. oscar delaurenta passed away after suffering from cancer.

his gowns have been the favorite of many. saying, we will always remember him as the man who made women look and feel beautiful. last year he designed amal clooney's wedding dress. he's screen right, admiring his design right there. he was 82 years old. those are your headlines. >> all right. >> that "breaking bad" story, the guy, the head guy, what is his name? cranston, tweeted a response about this. you know that mom, she had signed a petition about "breaking bad" and the toys that are being sold at toys r us which contain crystal meth bag, that contain a duffel filled with money. parents are shocked about it being sold in children's stores. one mom started this petition to have them removed. she was here yesterday on "fox &

friends." >> i'm just amazed at how many people weren't even aware that these dolls existed and i'm making them aware of that and hopefully toys r us will listen and remove them from the shelves. >> brianianston tweet not guilty this response. mom petitions over "breaking bad" action figure, i'm so mad i'm being my sorta mom action figure. apparently he thinks it's funny. >> how about this, let the free market decide. we're not going to buy that at toys r us. we'll get it at spencer gifts. maybe the adult stores that a lot of us go to. maybe it belongs there. >> what's bizarre, they're selling it in a kids' store. >> thank you very much, heather. 7:11 in new york city. straight ahead on this show, the first rule of fight club, don't talk about fight club.

the second rule, don't let kids join fight club. now the parents behind the shocking video could be in trouble with fight club. >> republicans have a 93% chance of taking the senate. don't tell that to debbie wasserman schultz. >> are you going to lose the senate? >> no. we are going to hold the senate. >> so is that prediction based on reality or just her talking? dana lesch is joining us in studio. ♪ ♪ turn the trips you have to take, into one you'll never forget. earn triple points when you book with the expedia app. expedia plus rewards. out for a bike ride. i didn't think i'd have a heart attack. but i did.

i'm mike, and i'm very much alive. now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. hello... i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

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let's talk politics of the according to the "washington post" election labs, republicans have a 93% chance of taking the senate two weeks from today. but the debbie wasserman schultz disagrees, saying the president and his issues are not on the ballot. dana loesch is a radio show host and author of "hands off my gun" comes out today. good morning to you. >> good morning. thanks for having me. >> congratulations on the new book. >> thank you. i'm very excited about it. >> let's do a little projecting. two weeks from today, at the poll, deb february says the democrats will keep the senate. >> bless her.

i get that as a dnc chair woman she really needs to be positive and for a number of reason, for morale and for money. she needs that donation money to keep coming in. but statistically, if you look at the political report and 538, that's not in the cards. we can all do basic math. republicans will take the senate. i hesitate in saying that because it seems as though whenever republicans realize they're in the edge of victory, they get in their own way and they mess the races up. i'm hoping it's smooth sailing. but we have eight races we look to pick up. i foresee republicans taking the senate. >> even if they do take the senate, mark stein was on yesterday. he says listen, doesn't matter about elections. he believes democrats winning the culture war. listen. >> if you are out there competing in the schools, competing in the pop culture, peteing in the media, competing in the mainline churches, then

the air that we breathe becomes liberal. that's the default setting of society. and whoever gets elected on a tuesday morning in november doesn't actually make that much difference. >> do you buy that? do you think the democrats are winning the culture war? >> i do. i absolutely do. i think it's because republicans, it's a combination of they're afraid to engage and don't know how to engage. there is something that stein has said previously that republicans are competing in a liberal society n a very progressive society. so it's really difficult. republicans had the mindset we can just go in and change out the candidate, change out politicians. but that's not where the work is done. the work is done on the ground. the work is done in the schools, in the theaters, all of that. that's the culture. that's where the work is. if you wait until it goes to the ballot, you're too late. >> yeah. the name of your book, "hands off my guns," i want to ask you about this issue. new york banned 34,000 citizens who are mentally unstable from owning guns. this is slippery slope. what do you think?

>> this is all part of the new york state act which kind of terrifies me because it's a pandora's box government regulation. i get into that a little in my book. this law, these people, 34,000 people, have not been mental -- they've not been adjudicated to be mentally unfit. these are a lot of people who have never seen their day in court. they never get to face their accusers. there is a process by which someone can be deprived of their second amendment right. when you can be anonymously accused by a health professional or a health worker of being mentally unfit and put on this list, that's a little unfair. there are medical professionals who say there are too many people on this list. >> your book is great. you talk about how you come from a family of bitter clingers. >> yes. >> real quickly, can you explain why gun control is the real war on women? >> gun control is a better on women because firearms are the ultimate equalizer. i am 5' 6, 125, in my mind i'm

like 6' 2. if i'm unarmed and a man comes to do something to me, so statistically, i will be overtaken, unless i have that equalizer, a firearm. women, i want to point this out, women, we've always had the right to be armed. we had to fight to get the right to vote. we've always when the right to be arm and i resist any attempts by michael bloomberg to deprive us of another right. >> hands off my guns. thank you for joining us. >> thank you so much. next up on this tuesday, you have to hear this before you hit the road. a huge warning about millions of air bags. they could apparently randomly explode. this dog just getting warmed up. when we come back, the tricks that even people can't pull off. ♪ ♪

time for news by the numbers. first, every eight minute, that's how often children are given the wrong dose of medicine. study finds parents usually make the most mistake with liquid medication. next, 1,000. that's how many people will be summoned as potential jurors in the trial of accused boston bomber. jury selection set to begin in january. and 3.7 million. that's how much money police say this new jersey woman made from items she stole while working at sears. she later resold the goods for profit. >> that's a lot of money. racked up 40 million youtube views with these amazing tricks. joining us is jesse the jack and

his trainer. good morning. >> good morning. >> i love the fact that before jesse came along, you would never train -- you had never trained a dog. why did you think you could? >> he actually taught himself when he was nine weeks old how to sit up. so i decided to teach him tricks and he kept thinking them up really quickly. >> do you think he might be human? >> people always say that. >> what what was the second tri? >> after the beg we taught him how to rollover and the classical dog tricks, catch a treat. >> what are you going to do for us today? he's so popular on youtube and elsewhere, 41 million hits. what are you going to do? >> he's going to do a walking hand stand. >> of course. other dogs watching right now, go ahead and try it and we'll book you on the show.

>> wow. >> boy. >> good boy. what do you give him as a treat? >> he loves lots of different treats. he can also clean up the garbage >> he can come to my apartment. >> what's our mission? >> we're here for the launch of jesse -- helping kids learn the alphabet. >> really? >> yes. >> how do people get involved if parents want to get involved? >> go to the apple store and they can download his game and story book app and jesse will teach you the alphabet. >> search for jesse the jack abc do. >> you have a jump rope and you have a skateboard. >> yes. >> this is probably one of the most impressive things i've ever seen. i also saw the blue man group, so i have a lot to compare it

to. >> he's talking to us. >> wow! >> dog talk. >> did you have that made for him? >> no, it's for children. >> does he stop at hydrants lik? >> yeah, he does. >> good boy. >> once again, if people would like the app, go to the apple store and download it. >> watch this, incredible. >> it's little chilly here in new york. >> somewhere jack lalane is thinking, i should have done that with a schnauzer. >> i think this has to do with the bond you have with your dog. you treat them like a family member. >> thanks so much for coming in

and doing what you're doing. we love this dog. >> as you can hear in the background, the truck backing up in front of our world headquarters bringing supplies. straight ahead on this tuesday, the most famous intern ever back in the spotlight. >> i fell in love with my boss. >> why monica lewinsky is speaking out now. plus the coolest bus driver ever. ♪ can you see by the>qcn;m# daws early light ♪ early light ♪ ♪ o'er the ramparts we watched ♪ hoooosh! smack!) (whoooosh! smack!) (whoooosh! smack!) (whoooosh! smack!) thanks carol! (electric hedge trimmer) everybody loves the sweet, fluffy deliciouslness of king's hawaiian bread. ya know what salesman alanim a ready foames becomes?he second his room is ready,

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let's start with food. mexican? asian? italian! want recipes that reduce calories? or carbs? which activity feels more like you? cardio? or couch curls? choose a digital coach. tough love? or a gentle nudge? you can even get a tool kit with treatment options to discuss with your doctor. fit2me also inspires you through games and team challenges. so what kind of plan will i stick with? my plan! get your plan. go to fit2me.com and enter the on-screen code word to get started. ♪ o say can you see ♪ >> throwing his voice in the ring for the san francisco giants. darryl reed is a bus driver who just loves to sing the national

anthem during his shift. he says hitting those high notes keeps his sanity during the long hours. maybe you'll hear from the team for a shot to sing before a world series game, the third time in the last five years. >> in the news, monica lewinsky, first time she's spoken out about her affair with bill clinton. she revealed at this forbes summit in philly, apparently they had an off again, on again affair for two years. did you realize it was that long? why that long? 'cause she loved bill clinton, that's why. >> 16 years ago fresh out of college, 22-year-old intern in the white house and more than averagely romantic, i fell in love with my boss in a 22-year-old sort of way.

it happens. but my boss was the president of the united states. that probably happens less often. now, i deeply regret it for many reasons. not the least of which is because people were hurt and that's never okay. >> a lot of women are saying, good for her. he's exonerated. she's now exonerated, or should be. there are people who are saying at the end of the day, they had an affair and me personally, i'm thinking she's speaking to 30 people under 30. they're big leaders in their community and being awarded. why did they ask her to speak? is she a role model to what our 30-year-olds should be like? >> robert on facebook says i blame clinton for taking advantage of a naive young woman. the shame is on him. not her. >> that's right. how old was she when this started? theresa writes on facebook, i

admire her for coming out of the shadows. stand tall, monica. you were used by the democratic party in the worst way. she says she's coming out now because she was the first person whose reputation was totally destroyed by the internet and going forward, she wants to help with other people who are cyber bullied. all right. in other news, big development in the case against jesse matthew. the prime suspect in the disappearance of the uva student, hannah graham. he's just been indicted for an unsolved sexual assault back in 2005. lee land vittert is live in charlottesville, virginia, following this case. good morning. >> reporter: good morning. these new charges really bring up a lot of issues procedurally in terms of which case is jesse matthew going to be charged first? obviously the case up in fairfax county, northern virginia does not carry the death penalty. he's been charged are rape and attempted capital murder. it's been unsolved for nearly a

decade up in northern virginia. it was linked to another case about five years ago, the morgan harrington case, a young woman who disappeared after a concert either found dead. police did not have suspects until hannah graham disappeared a little more than a month ago. through that investigation they linked all three cases to jesse matthew, who is from charlottesville, virginia. he fled to texas. he had been brought back here to charlottesville to await charges. currently only been charged with abduction of hannah graham. clearly a case that's really rocked this idyllic campus. >> before i wasn't like i would walk home from the library at 11:00 o'clock at night by myself and it wasn't a big deal. now i always wait 'til safe ride is open or have someone walk me back. it's much more serious now. >> reporter: the university police are also taking things a lot more seriously. they have increased patrols around this campus and also added more vans with what they call their safe ride program as a way to get students home and back to their dorms late at

night. as we wait here for the autopsy results on that body that was found, there is a sad resignation on this campus here. a loss of innocence as everyone waits to see when the results will come back if the body was hannah graham to bring some type of closure to this community so it can begin healing. back to you. >> leeland vittert, thank you. we have a lot coming up. i know what's happening in front of the camera. heather nauert is -- did you do the news? >> i did. i want to tell you about a disturbing story. you see this where parents egg fighting on. there is a disturbing video that has gone viral. two young boys brawling while adults watch and laugh in the background. police in delaware launching an investigation into why adults did not stop this fight. look at these little guys. these two boy, between the ages of four and seven repeatedly punching each other in the head. isn't that awful?

how does anybody alaw that to go on? a major warning before you get behind the wheel of your car this morning. the national highway traffic safety administration telling more than 4.7 million drivers with cars model year 2000 to 2006 to see their dealers and have their air bags checked immediately because those air bags could explode causing serious injury. the recall affects certain toyota, honda, mazda, bmw, nissan and general motors vehicles. a whole lot of them there. you can head to nhtsa.gov for a list of all those model vehicles. he does it once again. joe biden messing up the name of new york city mayor bill de blasio's new traffic safety plan at a press conference. the plan is called vision zero. here is what biden said. >> new york city received 130 million grants for projecting like the moynahan station and the mayor's zero vision -- vision zero plan to limit traffic accidents.

>> oh, boy. he called it zero vision. no mayor wants his plan called that. it's not the first time vice president has misspoken when comes to new york city. in february you may remember this, biden compared new york's la guardia airport to a third world country. and those are your headlines. >> thank you. the gift that keeps giving. i love his gaffes. >> a lot of people are going outside looking around for maria molina and you're not going to be successful. kansas city, san francisco, guess who is in kansas city? maria molina. hey, maria. >> good morning. hello. very lucky to be here in kansas city this morning for game one of the world series, which is set to for tonight. you can see the field is already ready for game one of the world series. behind that you have the royals hall of fame and the stands are empty now. but we are expecting a crowd of more than 40,000 people.

standing room only tickets right now on stub hub are going for more than $500. that's not even a seat. you have to stand throughout the duration of the game. again, that kicks off at 8:00 p.m. eastern time, that's when we're expecting the first pitch on fox. tune in, a very exciting game. both of these teams were wild cards and made it to the world series unexpected. weather conditions, not forecast to be an issue here in kansas city. we are expecting clear skies. relatively cool night with temperatures in the 60s for the first pitch. across parts of the rockies, we are looking at temperatures a little bit cooler across parts of montana. yesterday they were in the mid 70s, well above average. today high temperatures are only forecast to be in the 50s for places like missoula. across portion of the great lakes and the northeast, you do have an area of low pressure developing and there is a nor'easter forecast not only today, but that continues wednesday and also into thursday. areas of rain, several inches forecast for parts of new england and beach erosion could

be a concern. let's head back over to new york. >> beach erosion not a concern in kansas city. >> no indeed. you're so lucky. make sure you go to gates barbecue for lunch. it's my favorite place in the whole wide world. >> i've heard so much about the barbecue out here. i'm excited to try it. >> it's great. >> is it red based or mustard based? >> red based. my wife, that's what my wife got me for my birthday. she ordered -- >> two days ago? happy birthday! >> thank you very much. >> we're so glad you were born. glad you were born? thanks, ainsley. >> coming up, a new possible security breach at a new major retail chain. >> that's right. i got a feeling it's staples. and do you have the same rights to privacy at a hotel that you have inside your own home? maybe not. peter johnson, jr. explains

next. >> all right. steve, you should do 'cause i'm glad you're born. >> born on this date in 1980, this celebrity's first marriage lasts 72 days. who is she? we know the answer to this. we're so glad she was born. i'm over the hill. my body doesn't work the way it used to. past my prime? i'm a victim of a slowing metabolism? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend. wouldn't it be great if hiring plumbers, shopping online is as easy as it gets. carpenters and even piano tuners were just as simple? thanks to angie's list, now it is. start shopping online from a list of top-rated providers. visit angieslist.com today.

got quick consumer headlines for you. another major retailer hacked. office supply chain staples says it's investigating a potential credit card breach. banks are now alerting stores in the northeast to potential fraud. staples joins other major retailers hit, including home depot, target and k-mart. despite cheaper fuels cost, the cost of an airplane ticket still going up. fare compare.com reports that

united, delta, american and u.s. airways all recently raised round trip domestic fares 4 bucks. this is the airline industry's fifth fare hike this year. and wasabi ginger takes top taste at frito-lay's do us a flavor contest. it beat out mango salsa and cheddar bacon mac and cheese as well. the winner, who suggested the ch ever thel get $1 million or a larger is. that's what they're going to get. it sounds delicious. >> cappuccino chips didn't do so well, as you can imagine. should hotels be forced to turn over your personal information to the police without a warrant? the supreme court taking up that very issue as it reviews a court ruling that stops hotels from having to give their guests' personal information to police officers at any time. here with more on this is our fox news legal analyst, peter johnson, jr. >> good morning. this is an interesting story.

the supreme court is ready to take up this case now. in 2006, los angeles statute, similar to 70 cities around the country where by a police officer can go into a motel or hotel office at any time, day or night, and examine the hotel or motel's register or computer to see who is in the hotel and motel and personal information about them. let's take a look at the ordinance in l.a the records should be made available of any officer of the lapd for inspection. whenever possible, it should be at a time when it minimizes with the operation of the business. >> if the police officer suspects something nefarious is going on inside these motel or hotel rooms, like prostitution, like drug deals, don't you think they have the rye to go in there? you couldn't be protected under the constitution for -- >> if you're doing something wrong that a police officer or some administrator or agency needs to get a warrant to go and find the fruits of that crime.

here in los angeles and other cities, police officers can go to the office and say, who is here? and then get all kinds of information. the license number of the car, the personal credit card information of the people staying there. the reason that they're doing it in los angeles and these other city, they say there are certain hotels and motels that are magnets for crime, they're called park meter motels. nefarious things that you're talking about go on, whether it's prostitution, or drug dealing and things like that. the motel owners say we're running family motels. we shouldn't be penalized with a six-month jail sentence for not keeping these records properly. nor should we be subject to being awakened in the middle of the night by a police officer who is allegedly coming into the family quarters behind the register where the family sometimes live in these small hotels. why should we be bothered by this? why shouldn't a court, a court

have some administrative role in decide building police officers can show up or not. >> we all understand that. but it takes hours to go get a warrant. >> it does. >> sometimes someone is sleeping in the middle of the night, you get warrant the next day. at that point the prostitute has gone. >> but civil rights can be a lengthy process sometimes. the supreme court will look at this hard. we're used to in the movies, police officers showing up and saying, turn that register around. who is here? let's go. but as someone who goes to hotels and motels and americans do every night of the week, they say, well, should my personal information be that easy to get from police officers? what's the balancing test? civil rights and preventing crime. the issues you raised are great ones and they're the same issues that the united states supreme court is going to grapple with during this term. what do you think? should police be allowed to come in and find out your personal records at a hotel or motel throughout the country? >> you made some good points because i'm walking away seeing both sides.

>> that's the point. >> thank you. coming up, are you a mother? do you want to get paid to be a parent? cheryl casone is live with where you can apply. on this day in 1977, debbie boone had the number one song in america with "you light up my life". ♪ you life up my life ♪ you give me hope to carry on ♪

a single ember that escapes from a wildfire can travel more than a mile. that single ember can ignite and destroy your home or even your community you can't control where that ember will land only what happens when it does

get fire adapted now at fireadapted.org time for answer to today's trivia question. it's kim kardashian. congratulations, jennifer, from florida. by the way, her mom will be on later. you'll get a copy of my book out in paperback next tuesday. that means you can bend it. 8 minutes before the top of the hour.

are you a busy mom look for work while your kids are at school? one company created a shift that's perfect for you. yep. here with that company and so many more, they're hiring right now from our sister network, fox business' own cheryl casone. is that interesting? do you really have jobs with you right now? >> i actually did have jobs. let's go through them. yes, one is perfect for work moms. i get that question a lot. the first one is called iqor. they provide product services. this is a work from home opportunity. probably good for moms if you can find of negotiate things within the house. needs customer services, tech for, a lot of phone work. they're in 17 countries around the world. they need at least 1900 more people by the ends of the year. >> hopefully they'll give you a base salary. number two, slim chickens. an mom says on chicken. >> i thought ainsley would like this. their motto is, southern hospitality doesn't have to be in the south because they're very popular down south right

now. but they're going to start expanding up in the northeast and it's a chicken restaurants. the sauces are hand made. they're really trying to keep the chickens good, quality meat and keep it kind of healthy. 49 employees within the next year at least. they pay a little bit more than minimum wage to start. not just the bare minimum. >> we'll see -- nebraska, texas, kansas, oklahoma. the nurse next door? >> this is good. home care is exploding. i have been finding these jobs and there are still thousands of them. >> they don't want to put you in hospitals. >> nobody wants to get old at the old folks home. you want to stay home and get old. basically 1300 job by the end of the year. 10 to 35 bucks per hour. they need companions. they need people willing to be assistants within the home. they have the mommy shift. it's special shift they made. it's 9 to 2.

so when your kids are in schl, you can do this particular job. they also have another type of program called wiring the welderly. where you go in and teach senior citizens how to use skype, use the internet, use facebook, so they can connect to people. they can connect to grandkids and things like that. it's also to help them in the home. >> final one. >> it's more like technical support, mobile companies, wireless company, telecom financial companies. this could potentially be work from home. if you are full time, you do get benefits and they have tuition reimbursement. 4,000 jobs by the end of this month. another 10,000 by the ends of the year. the jobs are there. this is a company we cover on the business network. >> and 70% of managers are promoted within the company. >> we like that. >> cheryl casone, by the way, i don't want you to miss cheryl on the "fox business" network. find it in your area, go to

foxbid.com/channelfinder. >> and casoneexchange, all the links are up. >> tell us your success story. >> yeah. >> thanks so much. coming up straight ahead, president obama seem to have had members of his own party are avoiding him on the campaign trail. was that the right move? laura ingraham is live next. and we have a winner. can you tell? ♪

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good morning. it's tuesday, october 21. i'm ainsley earhart filling in for elisabeth. we're going to start with a fox news alert. he shot and killed his model girlfriend. this morning oscar pistorius sentenced to prison. but he might not even serve a full year. this celebrity status earned him

a break. the president responds to all those democrats who are avoiding him out on the campaign trail. >> strong allies and supporters of me and i tell them, you know what? you do what you need to win. >> whoa, he said that in public? laura ingraham weighs in on that very shortly. and she's the head of the most popular family on reality tv and she's here with her latest money making plan. we're talking about kris jenner is going to be here shortly. >> she's in the green room. >> she was happy she was born. mornings are better with friends. >> it's time for "fox & friends" >> and brian was alluding to the fact that about a half hour ago issues ainsley realized that two days ago was my birthday and she said she was glad i was born.

>> and everyone just rolled. everyone thought that was hilarious. >> you say that to everybody on their birthday. >> i do 'cause it's a very special day. if you don't celebrate birthdays you should because it's the day you were born. you've impacted so many lives, made a difference in everyone's lives. have great kids. we are so thankful you were born. >> now you know what this does. so everybody else in the building who has a birthday and ainsley walks right by them, clearly -- >> you're my favorite. >> it's okay. laura ingraham is one of our favorites and will join us in a home. first we turn to heather who has headlines from south africa. >> good morning to you. i have news to bring you. while you were sleeping, oscar pistorius has been sentenced to five years in prison for the shooting death of reeva steenkamp. the judge said anything less than that would send the wrong message, but that anything more would lack mercy. it's unlikely he will serve the

entire sentence. the prosecution and the defense agreeing that he'll serve a much shorter term. prosecution now expecting one year. the defense is hoping for just months. the suspected serial killer in indiana is now behind bars this morning. police say this man, 43-year-old darren vann confession to murdering the 19-year-old woman is what led them to the discovery of six other bodies that were stashed inside some of its estimated 10,000 abandoned homes in gary, indiana, which is just outside of chicago. earlier today, the mayor of that town gave us an update. >> the suspect continues to talk to police and it's noteworthy that the bodies that were recovered in the city of gary were a result of these conversations. >> police say they believe there could be more victims dating back at least two decades. more charges expected. the cdc issuing new

guidelines for healthcare workers. they must use a face shield, gown, boot covers and double gloves with a hood that completely covers their head and neck and also have to have a designated area for putting on and taking off that haz-mat gear. they have possible supervised by a trainer or monitor who has been trained in that. the new guidelines come as 43 people who were exposed to thomas duncan are now declared risk free. the fashion world is mourning the loss of an icon. legendary design oscar dela rentsa passing away at his home in connecticut after a battle with cancer. for decades his evening gowns have been the favorite of so many women, royalty, movie stars, first ladies, including jackie kennedy, nancy reagan and laura bush. mrs. bush saying this statement, quote, we will always remember him as man who made women look and feel beautiful. just last month he designed this dress that was worn by amal clooney. he was 82 years old. you can see him there as he smiles on look at that beautiful

dress. >> was this a picture or painting? >> it looks like a painting. >> that dress just went up in value. how special to have up with of the last designs by him. >> don't get his stuff at the gap. >> no, you don't. laura ingraham joins us once a week. today is the day. good morning to you. >> oscar delarenta, it has that special flair. it was a clooney wife, but fox -- come on of the that's all we get from gwen is oscar was awesome. >> speaking of awesome, how about if you were a republican and you're running for the u.s. senate, you're in a tight race, you're waiting for the other side to mess up. it sounds like the president messed up yesterday. remember it was a couple weeks ago where he said i'm not on the ballot, but my policies are. then yesterday -- i'm going to play a sound bite. he essentially said all these democrats trying to distance themselves from me, he's on

board. >> the bottom line is, these are all folks who vote with me. they have supported my agenda in congress. they are on the right side of minimum wage. they are on the right side of fair pay. they arare op the right side of remanage our infrastructure. they're on the right side of early childhood education. so this isn't about my feelings being hurt. these are folks who are strong allies and supporters of me and i tell them, you know what? you need to do what you need to win. i will be responsible for making sure that our voters turn out. >> okay, laura. what do you think? >> wait, was that al sharpton's radio show? i nodded off for a moment. first of all, i have to say one thing, number one, i didn't know al sharpton had a radio show. so congratulations, al. great for you. number two, the president at the very end kind of gave it away. he said, well, this isn't about my feelings being hurt. i will tell you this, it is all about his feelings being hurt

because i think in the end, the president really can't get his head wrapped around the fact that he is over. obama is finished. i'm sorry. but his policies have failed. the country is weaker. the new gallop poll that came out showed that his popularity now for the 23rd quarter i think of this year, if i'm getting it right, 41% in the polls. 65% of americans think we're going in the wrong direction. "wall street journal" has a great piece on this today. this trend has been going on for years, even before obama. it didn't work. so he can have a great personality and he can strut out on stage in short sleeves. i think we have it there. he can give a good speech still, i guess, and demonize the other side. but in the end, obamaism didn't work. all the candidates across the country know it. even the people in maryland yesterday. they streamed out after they got

the photo op with him. they left. he can't -- he can't change his policies because that would be conceding ultimate policy defeat. so instead, he says oh, no. they're all with me and they're going to go along with my ideas. i think they are. liberals are liberals and they are doing the convenient thing by saying, well, this isn't about obama. this is about us. but this is a lot about obama's ego. i think he struggles with that. we all do. but he struggles with that. insecurity and ego combined and they're all at war with each other inside the president, i think. >> if his goal is get dr.s stay in their seat. david axelrod says he shouldn't have said my policies are on the ballot. do you think this was tactically a major mistake? i could see these ads being turned around for the gop today.

>> yeah. it's another gift, brian, to the republican party. >> yeah. >> and the republican party can take that clip and use it. but i'll just add this one thing, i do think the republicans have to get the fact that there will be a day after the election day where they also have to stand for something. so the republicans can be obama is awful, obama is awful, obama is awful, policies failed. yeah, that's all true. but if the goal is to grow the republican party among women and minorities and demographic groups that have traditionally been hostile, this is the time to grow the support for conservativism and lay that out for the american people. obama didn't work. we're going to show you what does work when it comes to our economic policies, our foreign policies, border policies. it's going to make your life better, your wages are going to go up. you're going to have more opportunities. come do us. i hope the republicans are thinking in those terms. not just in we're going to be against obama, because that's only going to take you so far. you have to win in 2016 as well.

you got to win first in the mid terms. >> let's switch gears. stuart varney was on the show earlier talking about something that made our blood boil. the gao, government accountability office, they have a report that found thousands of government workers are on paid leave, sitting at home, some of them for years, costing all of us, the taxpayers, millions of dollars. these are people that have disciplinary actions against them and they're at home pending their trials or pending decisions from their bosses. what do you think about this? they work for the federal government. >> like lois lerner makes 100 grand. >> so look, i used to work in the old days of the last few years of the reagan administration at the department of transportation at education department, and at the white house. i worked at all three places. lot of good people, lot of good civil servants. but government's business and bureaucracy's business is to protect bureaucracy. protect power. keep budgets either at the same level or growing. so this is just one more example of why we have to take power and money away from washington, d.c

these are crazy policies. corporate america for the most part would not do this. government does it and chuck grassley and a few others, democrats, working together to narrow the circumstances under which employees can stay at home and still receive pay. that has to happen. again, another gift to the republican party. another gift to conservatives who want to show the people why big government is inefficient and why it fails the people. this is a winner issue. >> they did a poll for the gop and democrats and said who the leaders right now for president 2016, let's lead with this. right now overwhelmingly, mitt romney has got the top spot, followed by jeb bush and rand paul and governor christie, percentage about half of his total. who is your pick? who is going to emerge? >> i don't have a pick. i don't have a pick. i do think there will be an establishment candidate. i would say jeb bush. i think there will be one conservative alternative.

if there are five conservatives, i'd say reaganesque conservative alternative to bush, then jeb will win. conservatives across the country are going oh, no! but look, establishment always wins unless you have a reaganesque figure. we saw that for the last several elections and jeb bush is i think well situated right now, unless conservatives get their act together. we'll see. >> she has something in common with al sharpton. they both have radio shows. >> oh, thanks! >> doocy, happy birthday, man. two days ago. >> are you happy i was born, too? >> i am. but ainsley, that was one of the best lines on national tv i've ever seen. >> did it seem insincere when i said that? >> no, ainsley, it seemed incredibly amazingly sincere and beautiful. >> she's multi tasking. >> exactly. >> go do your radio show. >> thank you.

meanwhile, switching gears, coming up, united states apparently has another serial killer and the bodies are starting to pile up. what connections police are making this morning to see how many states could be involved in the serial killers' past. and on a lighter note, a great story, a trip to the pumpkin patch becomes much more exciting than this little girl ever expected when her military dad comes home. her incredible reaction will bring tears to your eyes. >> thanks. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

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and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal. a gruesome discovery in northwest indiana as police investigate the murders of at least seven different women. the suspected killer, darren vann, said to be cooperating with investigators. >> can't go into direct statements, but his level of cooperation would indicate that possible other victims could surface. >> some of the killings apparently date back to 20 years ago. so where does this investigation go from here? >> joining us now is former dc homicide detective fox news contributor rod wheeler. how do we keep this killer -- how do we stop him from stop

talking? how do we keep him going on this because so far we have seven cases. we understand there could be a lot more. >> there probably are a lot more, brian. good morning to you guys. i can tell you that from what this guy has already told the police, now, he's the one that led the police to the other six bodies in addition to the woman he killed at the hotel. that's a total of seven victims. now, this guy, during the police interviews, told the police that he's been killing for over 20 years. what they're going to start doing now is looking at all of the missing persons report that they have in the areas in which this guy lived. he previously lived in austin, texas. as a matter of fact, this guy was convicted -- this is interesting -- he was convicted of rape back in 2008 in texas. he went to prison but sentenced to five years. he got out and left in one year. he should have never been released. once he got out, he continued his killing spree. >> that's the problem here with the justice system. that's not justice. that's not fair. some of these women could have

been alive if he had stayed hyped bars. >> ainsley, when we look at all of these cases, even the case involving jesse matthew, and i don't want to convict him yet -- but we see a pattern here. we have to say to ourselves, why aren't these monsters behind bars somewhere? >> talk about the typical serial killers. we understand strangulation seems to be his method. one indication was a hanging. and now we also understand that you believe that they usually profile as people who act alone. >> they do. typically serial killers do act alone. not only do we profile the serial killer, but it's actually better to profile the victims because serial killers tend to select their victims based off of certain variables. it just depends who the serial killer is. with this particular guy, he's eerily similar to the case that they had in cleveland, ohio, about a year and a half ago. you may remember, the cleveland strangler, anthony sowell. he killed 11 women, very similar to how this guy, mr. vann, has

killed these seven women here. >> in your experience, why do they come out after 20 years? why not come out after the first killing? why do they come out now? >> they've never come out, ainsley. that's an excellent question. it's interesting you picked up on that. they don't really come out. the only time these individuals are apprehended is when something happens and somebody brings them to the attention of the police. look at this guy right now in indiana. he didn't go to the police and say he did this. the only reason he's talking now is because he was captured as a result of that murder at the motel. otherwise this same monster would still be out on the street killing women. >> so right now they're going to look at pattern, get on the phones at the sheriffs, look at their open cases, their unfinished files and see if they fit the description so we get a total number and keep him talking to solve these crimes. >> exactly. >> rod wheeler, thanks so much. >> thank you. >> at least the families are getting closure now once they identify the women. coming up, you have to hear this before you hit the road a.

huge warning about millions of exploding air bags and the feds say you need to act immediately. and wisconsin governor scott walker allowing teachers to opt out of unions. and they're running away in droves. one of those teachers explains why. that will be next. ♪ ♪

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they all lost their lives because of preventable medical errors, now the third leading cause of death. only heart disease and cancer take more lives. proposition 46 will save lives with drug and alcohol testing to make sure impaired doctors don't treat someone you love. safeguards against prescription drug abuse. and holds the medical industry accountable for mistakes.

i'm barbara boxer. let's save lives. vote yes on 46. quick headlines now. minnesota congresswoman michelle bachman under special protection after being threatened by isis. the former republican presidential detainee photos appeared in an on line video by the terror group. her new security detail expected to last until january.

then she'll leave office. north canadian police are investigating hit and run as a possible terrorist attack. the man who was shot dead after running down two soldiers had to, quote, radicalized. where have we heard that before? steve? >> thanks. governor scott walker's landmark law is turning the tables on teachers unions in wisconsin. educators once forced to join and pay union dues now they don't have to. they can opt out. and new numbers show that the union, wisconsin educational association council, has had enrollment drop by one third, from nearly 100,000 to 60,000. so what kind of a lesson is big labor learning from the teachers? let's talk to a wisconsin teacher, amy, a membership and outreach coordinator for the association of american educators, joins us from milwaukee. good morning to you.

>> good morning. >> so when act 10 passed, teachers no longer had to join the union. you dropped out. why? >> because i was given the choice for the first time as a professional. never before had teachers been given a choice. they were always just forced to be in the union and have that money taken by their checks without any decisions on how that money should be spent. so we look for option. professional trade associations like you mentioned, the association of american educators is a great organization that teachers can belong to now and you don't have to have that union association. >> sure. and i understand it's a fraction of the cost and one of the things about the teachers union all across the country is for the most part, when they make political donations, they go directly to democrats. whereas if you're a republican or if you're an independent, your money isn't going to help ample phi your vicious right?

>> exactly. i don't support the politicians that the union was telling me i needed to vote for. and i like that the association of american educators doesn't tell me who i need to vote for. they treat me like a professional, like i deserve to be treated. >> if the union -- we're looking at a bunch of union member there is in the state capitol a couple years ago. do you feel like you're missing anything by not having union representation? >> absolutely not. i don't know what the union did to represent me anyway. with the association of american educators, i get a $2 million professional liability policy in my name, whereas the union's policy was in the union's name. so i wouldn't be guaranteed access to legal counsel if i did in fact need it. >> that's a great benefit to have. before you go, because the union is losing so many members in wisconsin, i've heard stories that they're trying to intimidate teachers, scaring them a little bit to make sure they don't leave.

have you heard that? >> you know, i think you'd be hard pressed to find teachers to come on to your show to talk to you about unions from wisconsin because the union is creating a culture of intimidation and fear for teachers who speak out against the unions, who don't support the unions, and who want to discuss options like the association of american educators. >> there you go. amy joining us today from milwaukee. she's no longer part of the teachers union and she's proud to tell people that she's not. thank you very much for joining us live. >> thank you. coming up on this tuesday, these religious plaques on two elementary schools have been there for decades. now atheist groups want them gone. will the school board cave to pressure and the threat of lawsuits? we're going to talk about that. a princeton professor caught in the act of stealing a small business owner's sign. and now the ivy league is not the only place he's going to be

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$25,000! 26 grand! >> i love that guy. >> i think they had to go right into family feud after that. the celebration was so long. >> he should win a lot more than that. >> it's your shot of the

morning. this guy didn't even get the price right. he just got one lucky spin after another. >> please give him $50,000 for this performance. >> you know what? he wound up taking home $26,000. he's a big winner on "the price is right." >> great. >> a lot of it goes to taxes. >> half of it, right? it's better than nothing. >> i would take 12. >> always half empty. >> write us if you won money on a game show, what you did with it. >> one woman won a car, she had to go to a car lot in her hometown. car dealership that made that car and got to pick out which ever one she she wanted. now, but she had to pay taxes. >> there is always taxes. >> she didn't care. she got a car. >> it is now 28 minutes before the top of the hour on this busy tuesday morning. >> that's right. we have a big development in the case against jesse matthew, that prime suspect in the disappearance of the uva

student, hannah graham. he's just been indicted for an unsolved sexual assault back in 2005. leeland vittert is live in virginia following this case. >> reporter: good morning. these new charges really bring up a lot of questions, including on which charges are jesse matthew going to be tried first in terms of the order of prosecutors are going to go in? keep in mind, capital murder tells you how violent of an attack this was almost a decade ago in fairfax county, virginia, about 100 miles north of here near washington, d.c police did not release a lot of details there about exactly what happened in this case. it went unsolved as did the morgan harrington case. a young woman abducted and killed about five years ago after a concert, then finally police got a break when they started investigating the disappearance of hannah graham. that led them to this man, jesse matthew from charlottesville, virginia.

he fled to texas for a while. police brought him back to charlottesville on charges of abducting hannah graham. clearly that case, among the others, has really changed life on this idyllic campus. >> tend to be pretty, sometimes worried parent. but no. i think these things can unfortunately happen anywhere. i think it obviously starts with great conversation with my daughter and hopefully her friends to stay in a group. >> reporter: right now on the university campus, life has changed a lot. there is really a loss of innocence a lot of kids tell me. the university police have stepped up patrols and also they have added vans to what they call their safe ride program which kids can call to try to get home, back to their dorms late at night. all this amid as everyone sitting and waiting, with worry, anxiousness and hoping finally there can be closure in the hannah graham case if the autopsy comes back i.d.ing her as the body they found a couple days ago. back to you guys.

>> all right. thank you very much. live report from commonwealth of virginia. for other headline, let's go over to heather nauert. >> good morning. a lot of folks getting ready to drive their kids to school or cars to work. many of you will be affected by this. a major warning before you get behind the wheel. national highway traffic safety administration telling more than 4.7 million drivers with model year cars from 2000 to 2006 to see their dealers and have their air bags checked immediately because those air bags could explode and cause serious injury. the recall affects certain toyota, honda, mazda, bmw, nissan and general motors vehicles, a whole lot of cars covered there. you can go to nhtfs.com for a list of all of the models. christians under attack. atheists threatening to sue the midlothian school district in texas of a religious plaques hanging in front of two elementary schools for nearly two decades. the freedom from religion group sent a letter demanding

administrators take down those plaques. >> our theme last year in the elementary schools was to stand up. that means to stand up against bullying and really actions that our school district needs to do just that. we need to stand up against this. >> last night the school board refused to vote on whether or not to remove those plaques. they'll take up the issue at their next meeting and that's november 17. a princeton professor caught on camera stealing now striking a deal. instead of doing jail time or even paying a fine, finance professor john mulvy will have to perform 120 hours of community service. he will have to teach high school students. he was caught on camera more than a dozen times stealing lawn signs from a business. he and the business owner had gotten into some sort of traffic altercation. so he reportedly began stealing the signs as a way to retaliate. this is really a touching story. a trip to the pumpkin patch for a little girl turns into a day she will never forget. her hero father comes home.

take a look. >> trick or treat, dad. >> pumpkin. >> daddy! >> oh, sweetheart. >> every parent out there just knows that look when you get that from your child, so happy to see you. her dad had just returned home to north carolina from a ten-month deployment in afghanistan. she just missed her dad, she said. welcome home. job well done. those are your headlines. >> that is beautiful. >> really great. >> thank you. you don't even have to be a parent. i saw my daddy this weekend and it was nice to go home and see him again. >> you did? >> yeah. hadn't seen him in a while. >> who says you can't go home? >> i haven't had an opportunity. >> and miss south carolina fits in well here in new york city. >> i do love it here. game one of the world series with the royals facing off against the 49ers.

first time in decades the royals are in -- did i say that? 49ers. giants. joining us is maria molina. >> good morning. good to see you all. that's right, i'm here in kansas city and you can see the sun is starting to rise. we have people busy at work here and the bases have been set on the field. so we already have the bases set for game one of the world series set to kick off tonight, the first at 8:00 p.m. eastern time. the stands are pretty empty right now. we do expect that to change. we're expecting a crowd of more than 40,000 people out here. there are even tickets for sale for standing room only and millions of people will be at home watching. the kansas city royal also play the san francisco giants and by the way, the giants have won the world series two times in the past five years. but the royals haven't won the world series since 1985. so people out here are very excited, as you can imagine. and so far the postseason, they're undefeated.

we will see if they can keep that streak going. very exciting game on fox. tune in. the weather conditions here in kansas city are not expected to be an issue. we are looking at clear skies, relatively cool temperatures, into the mid 60s by the time the first pitch will start that game. otherwise conditions across the rest of the country, across parts of the rockies, you're starting to see cooler air moving into portions of the northern rockies. yesterday you were in the mid 70s. across parts of montana. today you're in the 50s in places like missoula. across portions of the northeast, there is an area of low pressure developing. we have a nor'easter. that system will produce beach erosion. areas of heavy rain with several inches forecast across parts of southern new england and also a lot of wind. traveling back may be an issue for many of you across parts of the northeast as we head into tuesday, wednesday and also thursday. several days of weather out there. here in kansas city, no issues. clear skies, sunshine during the

afternoon and cool temperatures at night. >> play ball. thank you very much. 20 minutes before the top of the hour. coming up, you heard from the mom who is upset that these "breaking bad" toys are being sold at toys r us. this morning the show's star bryan cranston, firing back. >> this is your rodeo. this is a busy new york city street. a carriage horse gone rogue and it's all caught on camera. he refuses to stop for the cops when they say pull over. that's even worse. what kind of horse are you? >> hitting rodeo drive ♪

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this is not exactly a day at the races. a horse was spotted trotting around am manhattan's west side

on sunday. here he is just taking a stroll on 11th avenue. police shouted for him to pull over, but he didn't listen obviously. you heard from the mom who started a petition to stop toys r us from selling these, "breaking bad" drug toys. this morning the show's star is firing back. bryan cranston just tweeting this. florida mom petitions seuss toys r us for "breaking bad" dolls. i'm so mad, i'm burning my florida mom action figure in protest. now in phoenix. >> reporter: good morning. jurors are expected to enter the courtroom at 10:00 o'clock this morning and then we are expected to hear opening statements in the penalty phase of jody arias' murder trial.

as you know, as many people have been watching, it was just last may, 2013, that a jury was unable to reach a unanimous decision, whether jody arias should get the death penalty. they did find her guilty of first-degree murder for the death of her ex-boyfriend, 30-year-old travis alexander. travis stabbed 29 times, shot once in the face, his throat slit from ear to ear. initially jody arias denied having anything to do with it. then she confessed, saying that it was all in self-defense. so the first trial the jury was unable to determine whether or not she should get the death penalty. so now we're looking at the death penalty phase. we have 12 jurors, eight alternates. they have to unanimously decide whether jody arias will get the death penalty this time around. if they aren't able to come to that conclusion, if all 12 jurors are not able to unanimously say jodi arias gets

death, the judge will take over and there will be two options. jodi arias will spend the rest of her life in prison without the possibility of parole, or the judge will decide that jodi arias can spend the rest of her life in prison with a possibility of parole after 25 calendar years. again, the jury is expected in the courtroom at 10:00 o'clock this morning. opening statements will be held shortly after. back to you. >> all right. anita roman live with the latest. thank you. coming up straight ahead, she runs the most popular family on reality tv. now kris jenner is here with her latest money making plan. it was on her bucket list and now it can be checked off. ♪ ♪

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>> is the white house quietly preparing for a surge of illegals? what's going on there? we will tell you. general jack keane on the latest twist in ice says act ticks. and president obama's new sound bite that may have some dems running for cover in the mid terms. we'll play that for you this morning and what is the real reason behind monica lewinsky' comeback? bill and i will see you at the top of the hour. back to the three of you in the studio. as the matriarch of reality tv's first family, kris jenner is the glue that holds the kardashian clan together. >> how does she do it all? ii love her. sharing some her recipes in her book called "in the kitchen with kris." it's out today. she joins us now. >> just in time for thanksgiving, too. i'm so excited to be here. today i'm going to show you how to make sausage and peppers.

>> okay. >> so i start with olive oil and some sliced garlic, saute' the garlic, add the sausage. this is hot italian sausage. i love it. it's out of the casing. it's all going to look like that. get it sauteed. once it's cooked, and it looks really yummy and done, i add the peppers and i add a little more olive oil, salt and pepper here like that. then my little secret, add a little bit of the red pepper. 'cause we want a little bite to it. once this is al dente, then you move here. now it's done like magic. >> that's italian for not quite cooked? >> just a word i learned from rocco despirito. he said to say it often and many times during a cooking segment. how am i doing rocco? >> great. >> i read your book, you say you

were married at a very young age. you were cook with little kids running around. >> you bring them home from the hospital and it's really crazy. you have to feed them so they'll grow. >> right. >> so i learned how to cook really fast and furious. people go, you don't cook? you have a chef. i've had a chef like for the last couple years once in a while while i'm working. but for 50 years -- >> the bradies had alice. no one complained about them. >> i'm going to use that line. >> you better use it. go ahead. >> so this is done. it's all cooked up. we're going to -- where is our tong? we're winging this. >> in the cookbook, are they all your recipes? >> yes, things i've made for my family since the dawn of time. i stole some recipes from a couple of my friends. bernadette leonard's sweet potato casserole. her nachos.

>> we found the tongs? >> this is a big day because it's kim's birthday today. >> it is. happy birthday, kim. >> happy birthday, baby. >> do they go out for dinner on their birthday? >> good luck with that 'cause i'm in new york. yeah. doesn't that look yummy? so anyway, you toss it with parmesan. you can top it with a little basil and it's heaven. >> beautiful. >> and this is great. on thanksgiving when you have turkey or christmas and you have leftover turkey the next day, i love to make turkey enchiladas. shred the turkey, put it together with tortillas and you're good to go. >> that's great. my mom loves that. this is excellent. >> you could make that for that dinner you were talking about. >> i have a dinner on wednesday.

>> in the middle of a brand-new season. are we going to see you dating this year? we heard rumors about who you might be dating. >> well, you know those rumors. i don't know. tune in and find out. >> really? >> yeah. >> i don't think you'll have a hard time. >> we just started filming season 10 a week ago. you never know what's going to happen by the time it airs. >> kourtney and khloe take the hamptons airs november 2. stay tuned for that. >> you have so much fun. i watch your show. i usually have it on fox. but then sometimes i flip it over and watch your show all the time and i'm reading in the newspaper today, there is negative press. how do you deal with it? >> she's making a million dollars. >> there is negativity. how do you deal with that? >> 99.9% of anything you read is made up. you see it, it's like ten seasons. and you just become a thick skin

and then if it's true, say you have to move on. you don't want the negative energy and the haters, they hate on everybody. >> family is very important to you. >> it is. i think that's the foundation of a lot of us, family. >> i'm taking over. >> i'm sorry. rocco, you're letting me sink over here. >> we move this to the pan? >> i love this. good job, guy. >> in the kitchen with kris. >> congratulations. >> check it out. >> sorry. >> still ahead, the fantastic joe biden is at it again. one for the road, it will be next. kris' bucket list is complete. she wrote a cookbook. >> thank you. >> thanks, guys. ♪ey s ♪ ígkdp.cñc.+:÷

this is kris jenner and i always keep up with "fox & friends." >> she does. it's time for one for the road. vice president joe biden messing up the name of new york city mayor bill de blasio's new program. he's got a new traffic safety plan and at a press conference yesterday, he called it vision zero. here is how he said it. >> new york city received 130 million for projects like the moynahan station and the mayor's visionary row -- or visionary row program. >> it's not the first time the vice president has misspoken when it comes to new york city. he compared la guardia to a third world country. in case you missed it, here is ainsley's reaction when she found out i celebrated my birthday on sunday. >> that's what my wife got me for my birthday. >> oh. >> she ordered -- >> two days ago? happy birthday! >> thank you very much! >> i'm so glad you were born!

>> so glad. >> so emotional. >> okay. >> enough already. >> have a great day. we'll see you back here. >> thank you. bill: a fox news alert. there are new reports claiming the obama administration is quietly planning to grabts grant work permits on 11 million illegals while awaiting immigration reform. martha: good morning. with millions of americans still out of a job president obama's plan would reportedly allow employers to hire millions of foreigners and giving them permanent residence cards. bill: how did we find out about this? >> reporter: there is a