readyying for riots. they are looking at whether to indict an officer. he was put in a choke hold being arrested for selling nontaxed cigarettes in staten island. he died minutes later. new york city already filled with protestors in the wake of the ferguson grand jury decision. extra officers will be on the street in case there is violence. >> this is a department that has a lot of experience dealing with various forms of demonstration. >> coming up in a few minutes we will have a live report outlining the plan ahead of the grand jury decision. michael brown's stepfather could soon be facing charges. >> that's lewis tag telling protestors to go out and torch buildings after the grand jury decided not to indict officer

darren wilson. 12 buildings were burned to the ground. brown's stepfather is under investigation for trying to entice a riot. many fear charges will make it worse. >> this is like throwing caro seen on a fire if they bring this. i can see the community now. well, you didn't charge officer wilson and now you are charging this father. >> police say they have interviewed witnesses but they have not yet spoken to ted. >> a man with a criminal history is back behind bars for allegedly threatening to kill white police officers including darren wilson. he had numerous threats on facebook. one of the postings coming the day of the ferguson grand jury announcement saying darren wilson needs to be killed along with any one else wearing a badge. >> time to look at who is talking after members of the congress took to the house floor

with their hands up to protest the shooting of michael brown. saying hands up don't shoot even though witnesses to the shooting say that never happened. economists saying it is purely political. >> people will believe any lie in it is repeated often enough and loud enough. it will payoff for them personally politically. people were out to forward their political career. they can do things that have no relationship in reali -- to reality. i think what is happening in ferguson missouri is going to adversely effect blacks yet unborn. they will still be paying the price for it 10, 20-years from now. while you were sleeping iran is

launching rockets from iran into iraq. it is up to the iraqi government to aemployed conflicts in its own airspace. >> fight now fight later the jop waiting to fight president obama's gk op>> in the end all of the political rangeling and jock can iing comes down to money. a lot of money. the government runs out of it in about a week. the latest plan and possible

agreement centers around funding the entire government for the year. the it gives republicans another bite of the apple once they control both chambers. >> pass it up as much as we can starting with border security which is reassuring the american people we are not going to have another calamity. >> that would be a big accomplishment if we could get bill over here. it is unfortunate they are talking about not doing homeland security. that's the way it is. we have to wait and see. there was a lot of talk after the meeting is scheduled for

2:40 this afternoon. we will see if it is too early. >> a traffic accident on a tennessee highway. two school buses collide killing an aid. it injured 20 children. police are investigating a cause. they think rain might be a factor in this. it fails after a power plant trapped people in elevators and darkened hospitals all across the city. it totalled 1400 buildings were affected. detroit emerging from the largest bankruptcy in history is making a $2 million upgrade to the power grid.

they brace for mud slides and major flooding. the a super soaker of a storm drenching parts of the state that have been in a three-year drought. more than 18,000 sandbags have been handed out to residents so they can protect their home. >> a virginia woman says ups fired her after she got pregnant and could no longer lift the packages. >> for a moment image if you are pregnant you are on your job working and your manager says go home until you no longer pregnant you are too big of a liability. that is what they said to her. in a lawsuit against ups young claims during the second

trimester of pregnancy her doctor suggested no heavy lifting. ups put her on unpaid leave. young's case will be peared from the highest court of the land. they hired people with drunk driving records but not the person pregnant. >> ups says the change will enhance the company's commitment to support women in the workplace and treating them fairly. it won't change peggy from continuing her case. >> i have two daughters. i don't want my daughters dealing with this some die. >> can a company put a woman on

unpaid leave if pregnancy limits her from doing her job? >> it is christmastime on capitol hill. they flip add switch last night on capitol hill 80 foot tree. the tree deck raided with thousands of ornaments from minnesota kids. the rockefeller christmas tree that lighting happens tonight in new york city. >> loren simonetti is here with more. >> good morning. more fireworks on capitol hill about those exploding tack kata air bags. their japanese maker faces off against u.s. regulators.

they missed a midnight deadline to expand the air bag recall nationwide. now safety regulators threatening takata with fines. they recalled 14 million cars worldwide for the faulty bags linked five deaths because they can explode and send metal pieces flying into the air. sprint is desperate for your business. now it is promiseings to cut your bill in half if you switch over to sprint service. you can bring a copy of your phone bill to the score that costs half as much. that's on top of the offer to pay early termination fees. which hand do you prefer? your answer may say a lot about your salary. harvard research says lessees are not as financially irresponsible as left-handed colleagues earning 5-10 less over a life type.

on wall street we are looking flat. maybe a little lower for the dow and s&p after another record setting finish. >> to find lauren on fox business network go to/channel finder. >> it is too extreme for extremists. why some jihadists want to lease syria and come home. >> a real soldier stepped in. why his fight may go beyond this confrontation. calling all angels. behind the scenes of the victoria secret fashion show.

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>> welcome back to "fox & friends first". more on the fox news alert we have been following for you. a grand jury decision on eric garner, that kaseman knee fearing a repeat of ferguson. robert moses live on scat ten island with how police are preparing. robert? >> heather, good morning to you. the grand jury in this case is expected to convene at 10:00 this morning. we are told they are likely to vote as early as today. what they are trying to decide is whether to charge officer daniel pant lay yo with a crime. he is the one that can be placed on video with eric garner in a prohibitive choke hold. they ruled his death a homicide but the question is whether a crime was committed. officers confronted garner back in july in staten island after he was seen selling lose untaxed cigarettes. the confrontation evolved and

garner pleaded with police when he couldn't breathe. his death was eclipsed the event in ferguson. now the attention is squarely on garner's death. the police commissioner in new york says officers are ready for whatever ensues after the grand jury makes his decision. new york post is reporting this morning even if grand jurors reach a decision today, that decision will not be made public until tomorrow so as not to interfere with rockefeller center tree lighting ceremony scheduled for tonight. that is the latest live from scat ten island. >> that is probably a wise decision. it will make it a lot safer. >> domestic violence taking center stage at a senate hearing. many are disappointed the commissioners of the four major sports leagues skipped the hearing. executive troy vincent would silence the room. >> domestic violence was a way

of life in my life growing up. he radio late to the 20 million victims domestic violence, sexual abuse and every community across our great nation. >> vincent a former player delivering personal and emotional testimony as you saw. the league is under fire after recent incidents including former baltimore raven ray rice punching his fee an stay in an elevator. >> a mom and baby attacked all over a cell phone. a man drop kicked the woman in the back in order to steal her phone. what you can't sees she has her 6 month old baby strapped to her chest. they raised this man. mom and baby are doing fine. a fake hero might face criminal charges after getting called out by a real veteran for impersonating a u.s. army

ranger. >> (indiscernible). i just called you out about 10 different things. what you are doing is illegal. i have worn that uniform and i have had friends get killed in afghanistan stone valor. stone valor. >> a pennsylvania lawmaker asking the u.s. attorney's office if shawn yetman can be charged with violating the 2013 stolen valor act. if it was proving he was faking his service in order to get military discounts on black friday, he was confronted by u.s. army veteran at a mall in philly. the video has gone viral viewed by 2.5 million people. >> a cont froroversial sign. an atheist billboard showing a little girl writing a letter to santa. dear santa all i want for christmas is to skip church.

i am too old for fairy tales. many are taking this attack personally. >> i want to pray for these people. the bible says love your enemies. they are add ver sarl to church and the faith using children to propagate their own belief system. >> so what do you think? are the billboards just fine or over the line? send your comments to us on facebook, twitter or send us an email at foxfriendsfirst@foxnews.com. >> the time is 18 minutes after the top of the hour. coming up explosive danger a piece of technology is something we use every day that can explode just like this. own a piece of hollywood history. how you can get your hands on the famous smoky and the bandit car.

>> take a look at this. nearly 265,000 dollars worth of pot ceased near the border. they arrested 7 illegal immigrants in the desert after they were caught carrying 6 backpacks stuffed with marijuana. five more abandoned bags were found nearby. >> it is just too extreme for the extremists. french jihadists writing home to family and the letters are filled with regret. he fought his fys with isis hoping for adventure are whining about the cold the chores and even the music. one french jihadist saying he wants to come home because, quote, my ipod doesn't work any

more. others say they are sick of having to serve food, clean toilets and weapons and fight even if they don't know how. >> they are in almost everything you own. the batteries found in your phone can cause problems, a problem that can even take down an airplane. >> good morning ladies. it is found in every device we own cell phones and lap top computers. when we pack them together like on a plane the results can be deadly. >> the shocking video released by the faa showing ow quickly a cargo container charged with lithium eye on batteries can heat up and explode. the battery is damaged defective or packed improperly it can heat up causing catastrophic damage.

they are supposed to be limited to no more than a handful in a single box. but a loophole allows them to get around the rules. >> there are a handful of lithium batteries packaged in small numbers but the limit on the number of packages is not there. so it is a concern. we know it has been a concern in cargo airplanes. >> dozens of fire incidents have been langed to lithium batteries. in july of 2011 an eye on battery exploded a ups plane causing it to crash near dupuy killing the pilots. not all incidents are deadly but can still be quite frightening. this cargo plane barely made it in 2006 after a fire in a cargo hold. the u.s. civil agency is

strengthening regulations but no changes will take effect until 2017. another scary fact canadian authorities found 78 percent of companies ship batteries without properly declaring the content. back to you. thank you so much anna kooiman live for us here this morning. now is your chance to own a piece of movie history with a roaring v8 engine. >> why don't you drop me off here i will get a cab. >> too late now. >> burt reynolds 77 trans am is up for auction. it was used for smoky and the bandit and given to reynolds as a gift. it has a v8 engine under the hood. >> smart and joe boxer are at it again featuring rocking ladies in their holiday ad.

♪ >> all five of these moms to be show how comfortable they are doing absolutely anything especially if they are in their jam me pants. >> very cute. >> 26 minutes after the top of the hour. catch and release the funning revelation of the release of terrorists on the watch list. >> forget the nation's capital you can find the most innovative tree lighting in the country.

>> it is wednesday december 3rdrd. a fox news alert. ferguson part 2? why the largest city in the u.s. is now readyying for riots. >> he crafted obamacare and she was behind the rollout. >> i did not meet with jonathan gruber. >> how is that possible.

>> do you think that girls are mean? >> this is like a really huge deal. we want to invite you to have lunch with us. >> parents beware why boys may really be the mean ones. why "fox friends first continues right now. ♪ >> good morning to you. welcome to "fox friends first. >> i wish had they had the lighp all of the time. i love them. it is half past the top of the hour. we begin with a fox news alert. we have been following all morning the new york city police department readyying for riots. >> a grand jury decision is

scheduled today on whether to indict an officer in a choke hold death. commissioner bill bran ton says extra officers are at the ready. >> they have a lot of experience dealing with the various forms of demonstration. adjust our strategies and tactics dependent upon circumstances. >> new york post is saying even if a decision is reached no announcement will come until after the rockefeller tree lighting. in ferguson michael brown's stepfather could soon be facing charges. >> that man is lewis heck telling protestors to go out and torch buildings after the grand jury decided not to indict officer darren wilson. the stepfather is under investigation for trying to insight a riot. >> police in wisconsin

investigating a death in a very strange place. police found the body of 21-year-old gymnast brook bowers at the restaurant where she worked trapped inside a three-foot by three-foot food elevator. >> our hearts go out to the parents their beautiful daughter taken from them. >> police say brook was likely using the elevator to move food. at this point her death appears to be a tragic accident. >> the search intensifying for missing college student shane montgomery he disappeared after leaving a philadelphia bar. he hoped surveillance video would give them a lead. >> they are still trying to enhance most of the video they found from down on main street. >> they are searching canals and the river. a reward for any information now up to 31,000 dollars.

>> the pentagon confirming iran is launching air strikes against isis in iraq. this may be the first time tehran launched manned to strike iraq. it is not coordinating activities with iran. the hunt is on for this unidentified person suspected of stabbing an american woman to death in an up scale abu dhabi mall. a fight broke out in the women's bathroom. the attacker was fully covered with a head scarf and face covering the victim was a mother of twin boys. the pair part of a group of four turkish men caught sneaking across the mexican border. they dropped a bombshell during a hearing on capitol hill

tuesday. >> four people tied to a terrorist organization were caught illegally crossing the border into texas in september. you said they would be deported. did you deport them? >> no, not at this point. >> what is the disposition of those people? >> two are detained. the two others were released by the judge. not my preference. they were released by the judge. they are seeking asylum in canada. >> canada says it bars any one involved in terrorism from being granted refugee status. gop action on president obama's immigration order not happening until next year. that is because lawmakers trying to make a government shut down. >> all political rangeling comes down to money. in this case a lot of money.

the government runs out of it in about a week unless congress can agree on a spending bill which everyone says they want to do rather than face an unpopular shut down. republicans said yesterday pounding away at homeland security secretary johnson with president obama immigration change a new plan emerged from capitol hill to keep the government funded the latest plan centers around funding the entire government through the fiscal year. shoem land security appropriation goes another month once they control both chambers. >> what i think we ought to do is bust it it up pass as much of it as we can starting with border security which is a way of reassuring the american people that we are not going to have another calamity. >> that would be a big accomplishment if we could get a bill over here that would fund all of the appropriate subcommittees except one.

i think it is kind of unfortunate they are talking about not doing homeland security. but that's the way it is. we have to wait and see. >> later today mcconnell will head a couple of miles up pennsylvania avenue for a meeting with the president. after the republican win there was much talk about a bush bonn summit between kentucky senator and mr. obama meeting is scheduled for 2:40 this afternoon. we will have to see if that is too early for a drink in the oval office. >> never too early. leland vittert is live for us in washington. ashton carter the former second in command of the pentagon reportedly in line to replace chuck hagel. he has experience as national security under leon panetta and hagel. >> wet weather hitting both coasts again this morning. maria molina is tracking it all for us. >> good morning.

we have areas of rain across parts of the east. i want to focus in on california because out here we have a significant storm system moving into parts of california. we are looking at as much as 2-4 inches that have been received already across northern parts of california out there around the san francisco area. yesterday we received rain as far south as southern california including the los angeles area. because of this we have flood aid vise ryes in effect. we have ongoing flooding in these areas. the issue is some of these reasons have been experiencing wildfires in the past. we have burnt areas that means the soil really can't absorb much moisture so you get a lot of runoff and a lot of flooding much are another concern as well on the hillside and higher elevations. along the higher elevations we have winter storm warnings in effect that is because we can see 1-2 feet of snowfall locally even higher amounts in some of the high elevations out here.

we really need the moisture but it is coming in too much too soon. >> it is time now for the 5@5:00. tonight the most famous christmas tree lighting. beverly hills is not just one tree but 42 palm trees that are lit. 16 chandeliers hang along rodeo drive. a huge 155 foot tree shining bright as part of the austin trail of lights. over a mile long path of christmas trees by the way. the lighting in tell ue ride colorado doesn't use an actual tree. it is made of used skis donated the community. the kski tree lighting set for november 6th. in arizona pine trees are hard to come by. chandler marks kris mschristmas

35 footed tower made of tubleweed. this year's lighting set for the 6th. the most creative christmas trees is made of lobster traps and buoys celebrating the local economies. it will be lit september 18th. >> how adorable. >> it is 39 minutes after the top of the hour. how the new standards will change what is on your child's permanent record. >> who does this kid think he is? santa? he ended up in a dhchimney. >> angels on the runway. behind the scenes of the victoria secret fashion show. dad, i know i haven't said this often enough, but thank you. thank you mom for protecting my future. thank you for being my hero and my dad. military families are uniquely thankful for many things, the legacy of usaa auto insurance could be one of them.

if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life.

>> the american voter is too stupid to understand. >> the last understanding of the american voter. >> just when we thought we heard it all obamacare architect

jonathan gruber caught on yet another video explaining how lawmakers could kill the president's signature health laws. kathleen sebelius now says she doesn't even know gruber. doug luzader has the latest. >> jonathan gruber is just a gift that keeps on giving. he offers tactical advice for obamacare owners. opponents can in his word kill it from the inside. >> you don't need active repeal. you just need ignoring the law and letting it whither on the vine that's enough. that's the real threat. that's the major threat. i think the law faces. >> while he is referred to by architect of obamacare they have been trying to down-play his role. that's what we heard from former health and human services

secretary kathleen sebelius. >> is he somebody you met with a lot? >> i did not. i know our staff did. i think he met with various advisors but i did not meet with jonathan gruber? >> ever? >> he maybe was in a large room. he could have been on a phone call but in terms of small meetings discussing policy, that never happened. >> gruber will be on capitol hill next week to testify before congress. >> doug luzader. thank you. >> before you head to the airport make sure that you take this your gun right there out of your pocket. they ceased 2,000 firearms this year and they have a month to go. dallas international airport has the most with 109. phoenix sky harbor coming in

third with 73 t-shirts. last year they ceased over 1800. if you got the need for speed montana may not be the place for you. they want to raise the state's maximum speed limit from 75 to 85 miles an hour. texas is the only one to boost the speed limit that high in austin. they say the higher speed limit would dramatically shorten his and other commutes. you would want to be there in montana if you want to go past ainsley. >> it is the moment many had been waiting for a sneak peak inside this year's victoria secret fashion show. >> taylor swift singing her song

on the stage of lingerie as the angels strut their stuff next to her. arianna grand also performing at the london event. >> i don't have kids. you can catch the entire show on tv. >> the producer is saying you don't know who that is? >> i don't have any kids yet either. >> arianna grande. >> the time now is 15 minutes until the top of the hour. pregnancy policies live with the supreme court hearing that could change worker's rights for women. what santa did to make this little girl cry. but first brian kilmeade with what's coming up on "fox & friends." >> i know she is a girl with a very good voice. >> you have kids, though. >> the number one pop artist

happens to be madonna who i do know. congressman mike mccall. will it lead to illegal immigrants streaming through our border where we have seen that movie before. great actors doing great things for our veterans on our couch. he will be talking. a mom canceled christmas and says she is making her kids give to charity. what is she thinking? she is here to defend hur self. it's all ahead on "fox & friends." i get to go outside. hey matt, what's up?

i'm just looking over the company bills. is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet.

there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. welcome back. ups fired her after she got pregnant and could no longer lift heavy packages. today her case goes to the

supreme court and the ruling to change everything. we're live outside the supreme court. good morning, heather. a lot of people across the country taking a look at this case, certainly looking to see what the justices gr to decide. it has wide ranging implications not only for employers but also employees. a lot of women, 75% on they says could become pregnant at some point during their employment and employers taking a look at this case to see if they may need to make changes to their policies after the justices decide. peggy young went through in vitro fertilization in 2006 to become pregnant with her third child but she had no idea how much she would have to go through in order to keep her job. she was a driver for ups in landover, maryland, delivering primarily overnight letters. when she asked in her doctor's orders for light duty so she wouldn't have to lift packages heavier

than 20 pounds young says ups put her on unpaid leave. ups policy at the time offered light duty to employees only who had been injured on the job, became disabled under federal law or who lost their federal driver certification. young and her attorney say that is a violation of the pregnancy discrimination act. >> i have two daughters. i don't want my daughters to experience this and no other woman should have to experience this either. >> they argued, of course, because ups did make accommodations for other employees who were not pregnant they should have done the same for young. two lower courts disagreed and said ups did not discriminate or young perhaps did not have enough evidence to prove her case. but after the supreme court justices agreed to review the case in july, this is what is interesting, heather, is that ups went ahead and changed its policy and now it does offer those accommodations for pregnant employees. we'll have to see what happens. >> thank you, melanie.

let's keep talking about this case. can a company put a woman on unpaid leave if pregnancy limits her ability to perform her job? head to our facebook page to weigh in. #keeptalking. parents in pennsylvania demanding the state stop gathering what they describe as sensitive and personal information on students by common core. state education officials are saying the data is only collected to ensure safe classroom environment. a grinch disguised as santa turned away a little girl with autism and her service dog after they waited in line for 30 minutes. santa apparently was afraid of the pit bull. her mom offered to take the animal outside but she was told santa was allergic and her daughter still would not be allowed to visit. the mall apologized on facebook and then fired santa and his he will of. a teenager trying to be santa maybe? an arizona boy was locked out of his house and he tried to go in through the

chimney. he was able to call 911 with a little wiggle room that he had. fire crews immediately went to work getting the teen out in about an hour. he was fine; just covered in a lot of soot. the time now is about five minutes till the top of the hour. tight squeeze. how this car ended up on the walk way of one of the country's busiest bridges. an eightiest message to a community: an atheist message to a community, don't go to church on christmas. christmas. your comments next.

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because with humira clearer skin is possible. time now for the good, the bad, and the ugly. up first, the good. a new jersey teen helping kids in need with comfy pajamas. >> i hope they are comforted and that they have a nice, warm sleep because i like sleeping too. >> william collecting more than 400 pairs of boys pajamas for his local family services center after learning they were low on clothing donations this year. next the bad. mean girlings might -- girls might be getting a bad rap. >> you know i'm not allowed to wear her earrings; right? >> a study finds it's actually the boys that are using vicious gossip and social rejection to put down their rivals more often. >> the ugly, talk about a

bad commute, a driver smashing through concrete on the golden gate bridge wedging his mustang into the pedestrian walk way. the man was taken into the hospital for minor injuries and then arrested for drunk driving. >> time to brew on this. controversial atheist billboards catching a lot of attention. they show a little girl writing a letter to santa saying all i want for christmas is to scrip -- skip church. >> we ask is this fine or over the line. one reader said over the line. >> rob tweeted although i don't go to church as on as i should i think this is their first amendment right. >> todd says the aclu wants us to look away from their billboards if we don't like them. can't they look away from the ten commandments and the cross if they don't like them?

>> thanks to everyone who responded. bye. good morning. it is wednesday, december 3, 2014. i'm elisabeth hasselbeck. we start with a fox news alert. he is a leader of the islamic state, but now authorities may have a bargaining tool against a brutal terrorist: his wife and his kid. where they're being held and what this means for the war on isis. >> could michael brown's step father be charged with a crime for this? >> [bleep]. [bleep]. >> well, maybe. the latest details on the fallout from ferguson. >> christmas canceled? why one mom is saying so long to presents. all to teach her kids a very important lesson about life. but did she go too far? while you think about that, let me tell you this: mornings are indeed better with friends. >> you're watching "fox &