decision to clear an nypd officer in the choke hold death of eric garner. >> police arresting dozens of people for blocking the streets and yelling, i can't breathe. >> let's go to david lee miller with what's going on p. >> this was a night of anger frustration and dozens of arrests in new york city. protestors upset with no indictment in the death of eric garner. the streets of manhattan they attempted to block traffic on lincoln roadways the lincoln tunnel and the brooklyn bridge. dozens of activists laid on the floor at grand central station. the main focus was the nationally televised tree lighting ceremony. protestors tried unsuccessfully to force their way through barricades and around police. there were other demonstrations that took place in other countries including washington philadelphia and oakland. many demonstrators chanted eric

garner's final words, quote, i can't breathe. they rallied in what they see as a judicial system that treats blacks and other minorities unfairly. those words were captured on video as he tried to arrest garner for illegally selling individual cigarettes. listen. >> don't touch me. don't touch me. >> following the decision by the grand jury not to indict, he released a statement that reads in part and i quote now, i became a police officer to help people and protect those who can't protect themselves. it is never my intention to harm any one and i feel very bad about the death of mr. garner.

garner's widow was asked last night if she accepted the officer's condolences. >> hell no. the time for remorse was when my husband was yelling to breathe. >> the officer's legal problems are not over, although not indicted faces a police department disciplinary hearing as well as investigation by the justice department into possible civil rights violations. >> david miller live from the streets of new york. >> eric garner's death puts the spotlight on when it comes to police community relations and civil rights. the decision effects them personally as the father of a black teenaged son. >> we have talked to donte for years about the dangers he may face. we have had to literally train him as families have all over this city for decades in how to

take special care in any encounter he has with the police officers who are there to protect him. there are so many families in the city who have that each and every night does my child face not just from some of the painful realities of crime and violence in some of the neighborhoods but the very people they want to faith in as their protectors. >> he is promising to change the relationship between police and the community. is this the right message they should be sending? log on to the facebook page after the show for a live debate #keep talking. >> just hours after the grand jury decision eric holder announcing the justice department will do its own investigation. for that we turn to leland

vittert. >> the burden of proof in such cases is substantially higher than that in state court. raising the stakes the investigation will be led by loretta lynch who will leave the justice department after eric holder leaves. holder held few punches in a rare and hastily arranged evening press statement about the case. fr in addition to forming our own investigative work we will have a complete review of the material gathered during the local investigation. we have all seen the video of mr. garner's arrest. his death of course was a tragedy. all lives must be valued. all lives. his death is one of the recent that have tested the sense of trust that must be between law enforcement and the communities they are charged to serve and to

protect. >> the reverend al sharpton tweeted about the grand jury's decision says mrs. gardener widow and i spoke about the gardener case. president obama says the issue of police violence and accountability transcends race and is now an american problem. >> coming by all of us as americans regardless of race, region, faith that we recognize this is an american problem when anybody in this country is not being treated equally under the law, that's a problem. >> now the president has already publically called for federal funding for 50,000 body cameras to be used by police and reforms are expected in the pentagon program that need military help. >> thank you leland.

that brings us to look who is talking. charles krauthammer saying it's not a good idea for the president to imply this case is about race. >> i do think the president stepping out immediately and thinking the implication, because he used the word equality, that it's about race is not very helpful at the least. one cop out of the tens of thousands might have acted improperly the use of excessive force or whatever. but the idea that it was a racial incident is required if you are going to have a second investigation. that i think is a problem that derives from our history. it forces this to the category of racism. >> new overnight al qaeda threatening to murder an american hostage that demands to president obama are not met. in a newly released video we have luke summers on time. he was kidnapped in yemen back

in 2013. last week there was a raid in yemen but he was not among the 8 hostages freed. right now it is unclear what al qaeda is demanding. there is speculation that it involves a prisoner swap. we are getting a first look at the kindergarten teacher stabbed to death in an up scale abu dhabi mall. she was from colorado. they released this surveillance video to try to catch the suspect. the attacker you can see was fully covered wearing a head scarf and face cover. recently the u.s. embassy warned against attacks aimed at american teachers. the 2009 fort hood shooting they might finally get combat benefits the defense spending bill working its way through congress will make victims eligible to receive the purple heart. they will see the attack as an act of domestic terrorism rather than the workplace violence

investigation they used. 13 people killed another 32 wounded when the convicted killer nidal hasan was. >> the immigration problem needs to be fixed by congress and not the president. these are things that range from the mexican border to the border of mexico. we agree with one thing we have a broken immigration system in the united states of america. the wrong way to fix that broken immigration system is through executives through the united states president. >> the lawsuit is not slowing down homeland security. thousand workers are helping carry out the am nest de plans. >> gaston hall ceased over 700 people. although the space seemed like over kill during hillary clinton's latest visit.

foyt photos and videos, the balcony almost completely empty as clinton takes the podium. students are too busy to study during final exams. >> more companies feeling pressure over the exploding air bags. >> good morning, loren. >> good morning, ainsley. the car companies are saying if you can't takata we will. selling regulators a nationwide recall is not necessary, some of the auto makers are deciding not to take any chances. they will expand the driver side air bags to all 50 states. honda is takata's biggest contract. chrysler is recalling additional 149,000 pickup trucks in 7 states in five territories. if this recall goes nationwide 8

million more cars will need fixes and frankly, it doesn't have enough replacement parts to do that. google is targeting kids. the search giant is working on kid friendly versions of some of the search tools like chrome and u tube they are safe for children 12 years old and younger. the new products coming next year. drop your iphone. apple is working on technology that will protect a phone that is dropped by automatically rotating them mid air to make them less vulnerable. we call that a perfect landing. the dow s&p 500 yesterday and this morning looking pretty good. up 14 points. find lauren ott f foxbusiness.com/channel finder. >> maria molina is tracking the

brother for us. >> we are tracking areas of rain. i want too start out west. this area has been dealing with potential for flash flooding and even land slides and mud slides due to areas of heavy rain moving in. you can see the rain falling down across portions of northern california around the san francisco area. we are expecting additional rainfall as well. the flash flood potential will continue through saturday out there especially across parts of northern california. off to the north we are looking at freezing rain early this morning. we have a number of advisories in effect across oregon and washington state. temperature wise heather and ainsley, take a look at this not too bad across most of the country. 30's in chicago and cleaver land. across parts of the south some temperatures making it into the 70's like in new orleans and

houston. let's head over to you. the time is 11 minutes after the top of the hour. there's a question about a woman capture the in lebanon and her ties to isis. >> getting too real for the real housewife. the brand new legal battle for teresa judice. >> it's not a submarine but you may have a chance to own something of ringo starr's.

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dad,thank you mom for said this oftprotecting my future.you. 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.

get to the terminal across town. are all the green lights you? no. it's called grid iq. the 4:51 is leaving at 4:51. ♪ they cut the power. it'll fix itself. power's back on. quick thinking traffic lights and self correcting power grids make the world predictable. thrillingly predictable. >> the mystery surrounds the arrest of a woman believed to be the wife of abu bakr

al-baghdadi. this as we look at iran's involvement in isis. >> lebanese military officials are sticking to the story the woman is the wife of abu bakr al-baghdadi. they say she even admitted it. an iraqi official denying the claim saying she is the sister of the woman. they were caught trying to cross the border from syria in lebanon and using fake id's. the hope is if it was or issal baghdadi's wife it could help intelligence officials track him down if he is indeed alive. there were reports last month that baghdadi was badly injured or even killed in a u.s. coalition air strike. but those of course have not been confirmed. a pentagon says in another bizarre trip that iran is

bombing isis in eastern iraq. an iranian official says that's not true. pentagon officials tell a different story. >> they say it is not true that iranian aircraft have conducted air strikes in the last several days against isis targets in eastern eye can ra. >> whatever the case u.s. officials say they have not and will not cooperate with iran militarily. heather, ainsley? >> john huddy, thank you. >> back at home support pouring in for a medal of honor recipient sending a strong message to isis. it is going viral after he said threats from the terror group are a dream come true. refusing to lay low when the fbi warned isis may be targeting service members on-line. one of the readings wonder if

any isis members want to drop by and join my book club has already been retweeted more than a thousand times. myers will join us live next hour on "fox & friends." >> ravens on the defense after ray rice's wife claimed the teen told her to apologize earlier this year for her role in the elevator incident that left her unconscious. the ravens say they only gave talking points for the running back including, i take full responsibility for what happened that night. we will not let this one night define who we are and i was wrong. i made a mistake. rice has since been reinstateed by the league. >> reality getting too real for teresa giudice the real housewife suing her former lawyer for $5 million. she he's the reason why she is going to jail for bankruptcy fraud. saying he botched her filing in 2010. that failure formed a major part

of the government's case against the couple which resulted in a plea deal. ac/dc drummer phil rudd back in handcuffs arrested after trying to beat up a witness outside of a coffee shop. his lawyer calls it a chance ent encounter. rudd already facing charges of threatening to kill and drug possession. so you want to live like a rock star? ♪ >> beatles drummer ringo starr is trying to sell his colorado ranch again. the three-bedroom home is on the market for $3.85 million. the same price he tried to sell it for last year. located about 30 minutes outside of aspen on 15 acres in case you are looking. 19 minutes after the top of the hour. a strong message amid all of the

unrest. >> in 2014 if your life is messed uppi look in the mirror d see what you are doing. >> there can only be one north korea's message for moms to be.

>> hundreds come together for an emotional vigil for missing pennsylvania college student

shane montgomery. lighting scanncandles and prayir the 21-year-old last seen leaving a bar on thanksgiving morning. there's no evidence of foul play but they are not ruling anything out. a 31,000 dollar reward is being offered for any information. >> michael brown's stepfather is now apologizing for this outbur outburst. >> lewis head released a statement saying, quote, my emotions admittedly got the best of me. i was angry and full of raw emotion as so many others were and i screamed out words that i shouldn't have. police are looking into whether he should be charged with inciting a riot. >> one man's powerful uncensored message going viral. he posted this message in august but it appears to be resinating even more now on-line. >> black people, it is 2014.

i hate to break it to you, if your life is messed up it ain't because of slavery. we don't know nobody that was slaves probably never knew nobody that knew slaves. we have a whohole in this count. dig yourself out of it. if you are in the mirror figure out what you are doing what you are not doing and take personal response ability for yoibility responsibility in your life. sometimes you are born in the ghetto and born into bad situations nothing you can do about that what you can do is do your best to get out of it. >> it has gotten 1 million views on youtube. oxford adding a thousand new pop culture terms to its on-line dictionary. here is some of them. cool beans, man crush and duck

face. i don't know if that's my personal favorite but there's my duck face. are those photo chips? >> they are. >> that looks like a duck face. >> yours was good, too. >> it is 26 minutes after the top of the hour. out of control what caused a truck driver to drive plow out of a car dealership of all places. >> this christmas why you need to make a second choice maybe.

>> protestors sending a powerful message. protestors hitting the streets after a police officer is cleared during a choke hold death.

>> a toy gun triggers lock downs. how this happened and why an elementary school child is out of class today. >> think wanted to get on santa's good list. >> one thing you have to understand is the north pole is out of our jurisdiction. >> these little boys got a visit from police. "fox & friends first" continues right now. >> the american flag flying high in new york city where the streets are much calmer than they were last evening. good morning and welcome to "fox & friends first". i am heather childers. >> i am ainsley earhardt. we are going to begin with a fox

news alert. anger in new york city and across the country. protests over the grand jury decision to clear an nypd officer. they arrested dozens of people for blocking the streets yelling "i can't breathe. he is live in new york city with the latest. >> this grand jury listened to at least three different videos and heard from as many as 22 civilian witnesses before they made the decision not to indict officer daniel pantalayo in the death of eric garner. there were similar demonstrations taking place across the country. but by far the greatest number of demonstrators hitting the streets in manhattan. protestors brought traffic to a halt.

dozen activists laid on the floor at grand central station to disrupt the commute. nationally televised lighting in rockefeller center. despite demonstrators trying to break through police lines and barricades it took place without disruption. unlike recent events the protests here in new york were for the most part largely peaceful. the cell phone video seen around the world showing eric garner's final moments. >> i am minding my business. i told you the last time leave the city alone. >> he was not going to be indicted he said and i quote now, he felt very bad about the death ofgarner. he issued a statement. it reads in part, quoting again, my family and i include him and his family in our prayers and i hope they will accept my personal condolences for his

loss. garner's widow rejected that apology. she said she is going to fight on to make sure her husband's death will not be in vain. >> like the reverend said this fight ain't over. it has just begun. i am determined to get justice for my husband. because he shouldn't have been killed in that way. he shouldn't have been killed in any way. >> the officer's legal actions are not over. he faces a police department hearing as well as investigation by the justice department for possible civil rights violations. he will continue on suspension. >> moments after the grand jury's decision the mayor bill deblasio saying eric garner's death puts the spotlight on the problems our nation faces when it comes to police community relations and civil rights. he says the decision affected him personally as the father of

a black teenaged son. >> shelly and i have had to talk to donte for years about the dangers he may face. we have had to literally train him as families have all over this city for decades in ow to take special care in any encounter he has with the police officers who are there to protect him. there are so many families in this city who feel that each and every night, is my child safe. not just from some of the painful realities crime and violence in some of the neighborhoods but faced from the very people they want to have faith in that as their protecto. >> deblasio promising to change the relationship between the police and the community. let's keep talking about the mayor's comments. is it the right message for an elected official to be sending? is you can head to the facebook page and comment on the topic at

#keep talking. >> they are looking at their own investigation into eric garner's death. >> this race is an -- this is an issue between the role of the grand jury system in weeding out justice after these protests have been erupting around the country president obama spoke of both the garner death and also the ferguson missouri killing of michael brown. >> that is the concern on the part of too many minority communities than law enforcement is not working with them and dealing with them in a fairway. >> it is not clear of other evidence they have seen with the cell phone video which has been viewed a million times on-line. eric holder is promising a

federal investigation. >> this afternoon i spoke with the widow of eric garner to inform her and her family of our decision to investigate potential federal civil rights violations. i have been in touch with president obama as well as mayor deblasio regarding our decision. prosecutors will conduct independent, thorough, fair, expeditious investigation. >> that federal investigation will be carried out by loretta lynch she will exceed eric holder. the attorney general still has to be confirmed by the senate. that brings us to our look at who is talking. former department of justice official jay christian adams saying the fact that doj is conducting separate investigations is only straining relationships between police and the feds. >> so what's really going on here is an enormous hostility toward the police by this

justice department, by eric holder prejudging the facts of ferguson, by police misconduct, shawn, in a case against new orleans' police officers, by justice department lawyers who will be investigating in new york and in ferguson. they were found to have lied to a federal judge to rig the case against cops. >> new overnight al qaeda threatening to murder an american hostage if president obama doesn't give in to his demands. in a newly released video we look at luke summers on camera for the first time. he was kidnapped in yemen back in 2013. it is unclear what al qaeda is demanding but there is speculation it involves a prisoner swap. the benghazi terror attack that killed four americans is that just a right wing issue for obama haters? is well that is what bloom purge ne -- bloomberg news says. >> the attack on the u.s.

consulate becomes a major issue with the right wing obama haters and conspiracy theorists about why we need rescue. two years later what do you have at your disposal to review the bidding if something like that happened again? >> this is coming as gop leaders slam a new report finding no intelligence in connection with the dead lly terror attack. >> if if you live in north korea your name is juning unyou better change it. any one who does has to get a new name. that is a common korean name for men and women. new documents indicate the dictator has sole claim to it. similar rules are put into place for kim's father and grandfather. >> much of the country waking up to rain this morning. >> it could be warmer

temperatures. jo >> good morning heather and ainsley. i will take the rain. that means warmer temperatures for us. across parts of the east we are looking relatively quiet. that rain will not have an impact on our weather today. travel looks very good. along parts of the ohio river valley we are starting to see the rain developing and out west we are continuing to see the moisture impact in california, arizona and into new mexico. we are looking at potential for flooding to continue into california. we looked at dry conditions now too much rain too quickly. that is a big concern for this weekend. further north we have temperatures that are cold enough that some of that rain is freezing on contact with the surface. so freezing rain advisories are posted across parts of oregon and washington state. heather and ainsley take a close look at the temperatures across the country. not bad. 29 degrees for your high. minneapolis in the 60's and 70's across sex as. still on the east coast you are looking at a high of 50 degrees

in rally. a little chilly for parts of the southeast. it is december after all. these temperatures aren't really that bad. >> we are going to enjoy it while we can. >> thank you maria. >> the dugger family will soon have another child to count. >> one of the things we are really thankful for this season is that... >> oldest son josh and his wife ann are expecting their fourth child. >> and jimmy fallon is now a father of two, the tonight show host and his wife nancy welcoming their second daughter frances co both of their girls were born via surrogate. congratulations to them. it is 20 minutes to the top of the hour. boys in one room and girls in the other. why same sex classrooms are picking up steam in public schools. >> cookies not for kids in marijuana. the dangers for kids.

>> before you do any more shopping the stores for best :

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i just gotta scrape the rest of the food off them. ew. dish issues? cascade platinum powers through your toughest messes better than the competition the first time. cascade. now that's clean. >> the reports of wasteful government spending and audits by the national science foundation says spending is out of control. the obama tory network spending 25,000 dollars for christmas parties. 11,000 for premium coffee and millions more on questionable construction costs. all on the tax payer's dime. >> lifirst lady michelle obama vowed to end homelessness. a caller had to leave voice mails due to mismanagement. this coming from an inspector

general show ago quarter of the vets couldn't get through. they can eliminate veteran homelessness by next year. >> we are here with what you should and should not buy in december. give us the tips. >> this time of year it goes straight out of the window. there are some deals that you should look out for. gift cards. yup i say gift cards you can get up to $50 in free gift cards by spending $250 on them. manufacturers will cut prices to grab your attention have a look there's an amazing deal. tools if you like to do it yourself there's a great time to stick up on the essentials to get the jobs done. car dealerships are clearing out inventory they will drop the prices to get their cars off the

lot. homes as well. they are very motivated. how about champagne. they will get you in the store so you will buy lots of others. electronics sorry they have come and gone. retailers love charging top dollar this time of year. they will be full price for the next few months. gym memberships find another way to stay fit. craig's list has killer deals on new workout equipment. calendars are expensive right now. wait a few weeks if you don't mind you can save at least 50 percent. just a few tips that can give your wallet a break. that's good news. right? >> it is. i was writing every single one down. >> fox business network log on

to foxbusiness.com/channel finder. it is time now for your 5@5:00. before you do more christmas shopping the stores is the best return policy. anothered some takes back any item at any time with or without a receipt. same for macy's. you can't return a gift for cash there. coals take back any item costco a full refund on anything. gives you one year to return unused products. the on-line retailer will even pay for your shipping. ten minutes to the top of the hour. that's not a drive through. the incredible close call caught on camera as a truck crashes right into a dealership. not playing games the elementary school suspended a child tore bringing a toy gun to class. >> first steve doocy with with what is coming up on "fox & friends." >> coming up on "fox & friends"

sergeant dakota meijer medal of honor recipient talks about the isis trading. he says to isis come to my house. he really does. plus have you heard about this? a high school football player files a lawsuit over his concussion. joe thighs man former all star redskins quarterback is here to react. the radio city rockets are going to teach elizabeth that big quick. busy three hours kicks off right now right here on "fox & friends." it's happening... everywhere. people are dropping their pants for underwareness, a cause to support the over 65 million people who may need the trusted protection of depend underwear.

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i'm just looking over the company bills.up? 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. a toy gun on a school bus triggers a suspension for a second grader. police in idaho say they got a call after another student told a teacher he saw the boy with what he thought was a weapon.

>> people say to us you're too harsh. i again as a parent and i think them as a parent that have children in that school appreciate the fact that we were acting in behalf of all students, and a suspension isn't expulsion. >> police put two schools on lockdown before they found the toy. if some schools have their way, cooties will be a thing of the past. more schools turning to separate classes for boys and girls. some teachers saying because boys and girls learn differently they should be taught differently but critics say there's not much of a benefit to that. it's been a year since colorado turned green and legalized recreational marijuana. in the first year the state's seen plenty of highs and lows. we're in denver with a closer look. for colorado it's been on the job training with regard to recreational marijuana. pot businesses still can't use banks so there's a lot

of cash floating around but this state is making money. retail sales brought in $36 million in tax revenue so far. the new industry has also created jobs but for some that is not a selling point. >> the joking certainly does occur and we don't think it fits with our brand. we have one of the lowest unemployment rates, we're fifth for job growth in the country and those stories are being a little lost because it is kind of sexy and cool. >> the marijuana industry is paying attention to image too. this woman says her company specializes in branding, advertising and p.r. for cannibis. >> the stigma lies in the misrepresentation and misinformation received by the general public. >> denver's department of safety stats shows crime is down where the industry has the biggest presence but edibles the hot seller creates the biggest

mistakes which is why the marijuana policy put up this billboard. producers taking precautions offering locked bags and less potent options. the legislature reined in he had dibbles after hospitals -- reined in edibles after hospitals reported children getting sick. >> it is now six minutes till the top of the hour. these boys just wanted to get on santa's good list so how did they end up with a visit from police. >> a thousand angels and wise men, the must-see record-breaking nativity scene. ♪ ♪ ♪

dad,thank you mom for said this oftprotecting my future.you. 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. >> two minutes till the top of the hour. before you leave the house, here's what's happening today, al qaeda threatening to murder american hostage luke summers in yemen if demands of the president are not met. the photo journalist seen in a new photo since he was kidnapped in 2013. mass protests in new york city and across the country after a grand jury decides not to indict an nypd officer in the choke hold death of eric garner. the justice department starting its own investigation. a live look at the kennedy space center in florida. in one hour a spacecraft is set to launch. it is the first step toward sending astronauts to mars.

the unmanned space capsule will make two orbits around the earth reaching a height of 3,600 miles, that is 15 times higher than the international space station. >> time for the good, the bad, and the ugly. first the dpood. 1,039 people, a camel, donkey and sheep setting a new world record for the largest live nativity scene in a park in utah. this topped last year's record of 898 people. next the bad. wheaf happened to writing a letter -- whatever happened to writing a letter to santa? it would boys they could reach him by calling 911 but instead they got police. >> it is out of our jurisdiction so there is not much we can do about helping them contact santa claus. >> they got a gift after all, a tour of the police station then released on good behavior. caught on camera, the moment a truck slams into a chevy dealership damaging

multiple cars. police say it is possible the car was hydroplaning because of heavy rain. a brand-new camaro was struck in the wreck. that does it for us. have a great thursday. it's downhill till the weekend. >> "fox & friends" starts now. good morning. it is thursday, december 4. protesters take to the streets of new york city after a grand jury decides not to indict in the eric garner case. who does the mayor go after? the cops. >> there are so many people in this city that feel is my child safe, safe from the people they want to have faith in as protectors. >> did the grand jury make the right decision? we report, you decide. >> another american threatened this time by al qaeda. the brand-new video and what terrorist are