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

demanding of the president now. >> it's official. man crush made the cut. that and other shocking words that are in this year's oxford dictionary. mornings are better with friends. >> hi. i'm joe theismann and you're watching "fox & friends." i wake up with them in the morning, of course not with brian. who would want to wake up with brian? >> that sounds like a man crush. >> unless he's playing hard to get. >> joe theismann is going to be with us today. we've got a busy show. a minute after the top of the hour. a fox news alert. fury all across the united states protesters filling the streets after a grand jury clears a new york city police department officer in the so-called choke hold death of eric garner. >> i can't breathe!

>> dozens in new york city were arrested for blocking busy streets and highways. >> david lee miller joins us live with the latest. david, when i went to bed last night there were crowds all through the city. i'm somewhat surprised. they seem to have petered out at this hour. >> for this hour they have. you're very right, brian. a very different scene a few hours ago. at this location along sixth avenue where i am now standing take a lack at some of the video. there were hundreds and hundreds of demonstrators here, many of them trying to disrupt traffic not just at this location but elsewhere throughout manhattan. the main focus for many, though, was the nationally televised prelighting ceremony taking place in rockefeller center. protesters tried unsuccessfully to barricade themselves through police. many rallied i can't

breathe as they rallied against what they see as a judicial system that treats blacks and other minorities unfairly. following a decision not to indict the officers released a statement -- and i quote -- "i became a police officer to help people and to protect those who can't help themselves. it is never my intention to harm anyone and i feel very bad about the death of mr. garner. garner's widow was asked if she accepted the officer's condolences. >> hell no! the time for remorse would have been when my husband was yelling to breathe. >> the family of eric garner say that despite the fact there is not an indictment, they are going to pursue this matter on other levels, one being a civil rights violation investigation by the justice department. in the words of his widow, they want to make sure eric garner did not die in vain. back to you. >> david lee miller, thank you very much. the family has already filed notice. they're going to sue for

$75 million. the police association union chief pat lynch said the police officer in question used a technique that he learned at academy when mr. garner resisted arrest. keep in mind the grand jury was trying to figure out whether or not the officer acted with malicious intention. in the end apparently they felt he did not. >> it is getting political. new york city mayor bill de blasio slamming police saying people fear them, wondering if the grand jury got it right or not. take a listen to his words. >> there are so many families in this city who feel that each and every night, is my child safe, and not just from some of the painful realities, crime and violence in some of our neighborhoods, but are they safe from the very people they want to have faith in as their protectors. we're not just dealing with a problem in 2014. we're not just dealing with years of racism leading up

to it or decades of racism. we are dealing with centuries of racism that have brought us to this day. that is how profound the crisis is. >> you know, you have really taken a lot of leaps as the mayor of new york city to get out in front is not surprising for many. i was surprised he took the stance he did. then he went into a rundown of everything he has to tell his son because his wife is black, his son's of mixed race like the president of the united states, to have special rules for him when it comes to police officers in the city. does he know he's in charge of the nypd? does he know that he hired new york's top cop, commissioner bradden, to put these rules in place. the other thing is this is a father of six and a grandfather of two so it is indeed a tragedy. but it also brings you to another situation. we watched the whole thing. everyone wants body cameras. we watched this whole thing take place and it looks horrific from a pedestrian's standpoint. this looks like the cops

overreacted. >> you see the arms wrapped around the necks of the suspect. but in new york state chokeholds are banned but not illegal under state law when they're used during a lawful arrest. there is no question it was a lawful arrest. when the mayor is talking about how it's a racial thing, what you see in some of the video is you actually see that as the officer takes him down right there, it is an african-american female new york city police department sergeant. at no time does the sergeant order the officer to stop choking mr. garner. the racial thing really has to be taken out. >> look at the breakdown of the nypd, 54% white, 16% black, 24% hispanic, 4% asian. a former nypd police commissioner reminded people that if garner did not resist arrest he perhaps would have kept his life. charles krauthammer on the

flip side said this was totally incomprehensible to think the grand jury would not indict the officer based on that video we just saw. >> thus protests across the city and many cities across the country. meanwhile i want your comments, number one, about how it was handled or any comments about the entire incident and what you saw. i do know that on the 21st the officer came forward in front of the grand jury and explained his situation, which i understand is relatively rare, at which time they said one of the reasons, according to a queens attorney who represents one of the cop, they said there were multiple reasons for his death from obesity to heart issues along with chest compressions. all together there was more than one reason which could have been one of the reason why there was no indictment. >> you still wonder why the feds are getting involved here. you saw it in ferguson. now eric holder announcing he is going to investigate

here. this is terrible, this is sad. every life does count. we understand -- steve, you noted that is a $75 million case, the family plans to sue on the grounds of wrongful death. we saw the wife. i mean, exhausted, mourning, angry, and we understand that. and then you see reverend al sharpton jumping into it on twitter saying mrs. garner i just spoke to attorney eric holder about the garner case. you have to wonder for something that is local why the feds are getting involved. >> here tofs attorney general eric holder last night. >> we've all seen the video of mr. garner's arrest. his death of course was a tragedy. all lives must be valued. all lives. mr. garner's death is one of several recent incidents across our great country that have tested the sense of trust that must exist between law enforcement and

the communities they are charged to serve and to protect. this is not a new york issue nor a ferguson issue alone. >> okay. so you've got the mayor suggesting it's a cops issue. you've got theion throwing law enforcement under the bus ever since ferguson. you've got some video from august. here's a fellow who probably disagrees with mayor de blasio. his name is frederick wilson ii and he has this observation about what people need to do going forward. and it has to do with personal responsibility. >> black people, it is 2014. hate to break this to you. if your life is messed up, it ain't cause of slavery. your [bleep] was never a slave. you probably don't know who was a slave. slavery ended a long time ago. yes, they put us in a big hole in this country but guess what? dig your way out of it. in 2014 if your life is messed up, look in the

mirror. figure out what you're doing, what you're not doing. take some personal response-bleep -- ibility for your life. honestly, your honor born in the ghetto, born in a bad situation, nothing you can do about that but what you can do is do your best to get out of it. >> that has gone viral. that was frederick wilson speaking into the camera. i got that from three or four different people. >> powerful message. >> powerful indeed. hopefully we can speak with him. >> i think he's going to be joining us this week. tomorrow maybe. >> indeed he will be. meanwhile e-mail us about your thoughts regarding what happened here in new york city yesterday. in the meantime what's happening right now, it's news time with heather childers. >> we have other headlines we are talking about. specifically we begin with this. al qaeda threatening to murder an american hostage if demands to president obama are not met in three

days. in a newly released video we see 33-year-old luke summers on camera for the first time. the photo journalist was kidnapped in yemen in 2013 and just last week there was a raid in yemen but he was not among the eight hostages freed. right now it's unclear what al qaeda is demanding but there is speculation that it involves a prisoner swap. we're getting a firsthand look at the american kinder garten teacher stabbed in a mall. she was in a mall. abu dhabi police trying to catch the suspect. the attacker was fully covered. recently the u.s. embassy warned against attacks aimed at american teachers. we heard the president touting about his open administration. >> this is the most transparent administration in history. i have a track record of

transparency. i'll make our government open and transparent. >> yeah. will listen to this. now the white house is refusing to release documents about its role in the i.r.s. scandal. the inspector general found nearly 2,500 pages revealing the i.r.s. was improperly sharing private taxpayer information with the white house. now they're refusing to turn them over. and get this, the reason? because they say they contain private taxpayer information. caught on camera, the moment this happened. it was a truck. it slammed into a texas chevy dealership damaging several cars. police say it is possible the driver hydroplaned due to heavy rain. a brand-new black camaro was smashed up in the wreck minutes before the buyer signed the papers. the driver of the red pickup was not seriously hurt and -- in the crash but that camaro sure was.

>> a dozen minutes after the top of the hour on this thursday. isis now threatening our military members here at home, but this medal of honor recipient has a message to the terrorists. come and get me! and this morning he's here live. there he is, dakota myer. you're next. >> are americans getting tired of hearing hillary talk? take a look at these empty seats. the story ahead. ♪ ♪ fact. when you take advil you get relief right at the site of pain. wherever it is. advil stops pain right where it starts. relief doesn't get any better than this. advil.

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dads take nyquil. the nighttime, sniffling, sneezing, coughing, aching, fever, best sleep with a cold, medicine. it is the strongest warning to date about possible isis attacks against the u.s. military. service members are being told to scrub their social media facebook and twitter and stuff like that for any information that might serve to attract the attention of isil and its supporters. but this medal of honor recipient has one message to the terrorists: come and get me. medal of honor recipient and author of "into the sergeant" joins us right now from louisville. good morning to you. >> good morning. >> with your social media, when you heard the f.b.i. say service members take down anything that might indicate you work for the u.s. army or you're a marine or in the navy, what

did you decide to write? >> time tired of hearing it. i'm tired of being told that i need to change my way of life for something that i fought so hard for. there's a lot of us that feel that way. i'm just saying what -- i'm just saying the obvious of how we feel. that's what terrorism is. when you change your way of life, when you live in fear, when you're worried about what someone is going to do and you change your way of life because of that, that's terrorism. it's working. i'm not doing it. i'm not speaking on behalf of someone else but i'm not going to change what i'm proud of. i'm proud to be an american. i'm proud to be a united states marine. i am proud to serve in the u.s. armed forces. i'm proud of that, and i'm not going to change that because someone might not like it or someone might hurt me because of it. and i think we all as americans need to feel the same way. we are who we are. we're not changing our way of life because of these idealistic radical bullies want to, you know, prey on the weak. >> sure. these geniuses are talking

about, they're worried about, you know, our people are worried that isis might come to, say they see on your social media, that guy was in the service. we're going to go to his house. you would like them to go to your house. you tweeted this out. if any isis members want to drop by and join my book club and there you are smoking a pipe and reading a book. if some nitwit from isis or a lone wolf wants to come to your house, how are you going to greet them? >> i don't think they'll -- they'll get greeted on how they greet me. i'm not here to threaten them or taunt them. i'm just saying as americans as a whole, at what point did we become the victims? at what point did we start bowing down to other people because of what they might do? we're americans. they're making these crazy threats of they're going to raise their flag above the white house. you know, they're not going to do it.

there's no flag that will rise above the united states of america besides the american flag. >> dakota myer who knows something about heroism, a bunch of guys are alive today because you went back when you were told not to for your own safety. a bunch of guys are alive today. dakota, thanks very much for joining us today. thank you for your service and thank you for your social media. it certainly is interesting. dakota myer. 20 minutes after the top of the hour. up next, the white house promised to help our veterans, but the v.a. has failed them again. brand-new numbers not good. wait till you see them. is football safe for your kids to play? a former high school player now suing over concussions, but is the attack on those games justified? look who's in the studio. joe theismann! and cialis for daily use

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>> two headlines now. first lady michelle obama to end veteran homelessness but thousands who called an emergency hot line to leave voice messages found nearly a quarter of the vets could not get through to a person. an audit conducted by the national science foundation reveals spending is out of control at one of their federally funded nonprofits. $25,000 spent on a christmas party. millions more are questionable construction costs all on the taxpayers' dime. that hurts people that need to collect money from people for a good cause. >> the st. louis rams players who took to the field with their hands up as a way to honor michael brown now may be honored by

a u.s. congressman. >> congressman al green out of texas says he'll fly flags over the capitol in their horn. is this -- in their honor. is this a good idea? >> joining us is joe theismann. honoring players who came up with that hands-up salute. >> i think if you do that you have to honor the players from the l.a. clippers who protested the donald sterling situation when they wore their jerseys inside out. we've reached an era in society where the athlete has a lot of power and they realize they have a lot of power to influence people. in this regard i didn't have a problem with what the rams players did. the problem i have is they never talked to jeff fisher about it. >> the coach. >> the coach. i think there has to be respect within the organization. >> what would have happened if they did? >> i think they could have done what they wanted to but at least they could have addressed the coach. jeff could have taken whatever stance they wanted to take.

>> he was surprised on the sidelines. >> the guys -- jeff works so hard for the players in the national football league, his players, every player. he's on a number of powerful committees to help the players and everything else. i think from a respect standpoint that is the least you can do for a guy you're playing for. >> is there a difference i think personally everyone has a right to say what they want to say? when a player is wearing a uniform do they have a right to say whatever they want? >> it is confusing in that regard. you have to understand where we are in society today. it gives you the power -- if they were to do it, five of them stepped out without their uniforms on, would we be talking about it? >> great point. >> a "new york times" magazine does something a lot of people do. the headline was is the nfl the new tobacco? is football being targeted by society because of head injuries, players lawsuits,

kids not playing? are you worried about your sport? >> first of all, i'm worried about the safety of the players and everything who participates from youth football, high school, college, professional football. this is something we want to improve as much as we can. i'm a consultant to a company called unequal, and we are concerned with head injuries when it comes to young men and young women now that play football. what we try and do is create an environment -- i say this parent out there. don't shy away from the game. there are injuries in everything, whether you're on skateboards. no matter what you're doing you're going to get hurt possibly. do a lot of research. take the time to look at the statistics and numbers. find the best possible equipment to protect your child. >> speaking of statistics, look at this. nearly 90% of youth players did not sustain an injury that resulted in missing a game or practice, of the 22.4% of players who reported an injury, 70% returned to play the same

day. no catastrophic head or neck injuries were reported among the 4,000 players during the studies conducted two years ago. >> i understand what the statistics say but when one young man dies there has to be somebody that stands up and say wait a second, we need to try to do more and i agree with that. i think you need to do as much as you can to protect him as much as you can. understanding our sport, the level we play as professionals it is a violent contact game. now there's penalties for hitting somebody too hard. basically it is an unnecessary roughness penalty if you get hit too hard. you've got big men running different directions at high speeds. >> a lot of responsibility on coaches as well, whether they're coaching the youth and making sure you're in a league that understands how to protect kids. >> the nfl initiatives try to be able to educate coaches. >> i don't want the concerted effort to take down the great sport of

football. it seems to be they're getting attacked way too much. >> there's some positive elements to it. team work, taking authority from somebody other than your parents, diet, exercise, mental abilities. learn how to win, learn how to lose. there's so many positive elements to it, i think it's something parents need to consider before you absolutely say no. >> before you go, we want you to weigh in on one other thing. a group of atheists in georgia filed a complaint against schools because they are, -- quote -- "promoting prayer and christianity through its athletic program." >> i go to church, i stay in prayers. when we went tiewft of notre dame, we said a prayer before we went on the football field. i never want to impose my religious beliefs on anybody else. i think if a coach is going to do that, if you're going to have a prayer, if someone has a problem with it, you get the guys together and say let's kneel down and say a prayer, if somebody has a problem with it, if you

want to step outside, go right ahead. it doesn't affect anything that's happening on this team. you're still a part of this team. you almost have to now be a little bit more careful the way you want to be able to handle it. i grew up with it and i'd still be a part of the team that does it. >> joe theismann, remember him? he's from that washington football team. >> the redskins. >> that's a topic for another time. >> thank you very much. merry christmas. >> by the way, it's the redskins. okay. >> i was a redskin. >> we've got a helmet there, a redskin helmet in our house. thanks for being with us. >> the forthood shooter yelled allah akbar but the white house refused to call it terrorism. >> it is official, man crush made the cut. it is now in the dictionary. but what if the guy you admire sees it differently.

>> there's one of brian's man crushes. first happy birthday to marissa tome. she is 50. charmin! take a closer look at charmin ultra soft and you'll love what you see. not only can you use less, but you can actually see the softness in our comfort cushions. plus charmin ultra soft is so much more absorbent you can use up to four times less. what are you boys looking at? my main squeeze. rotorooter approved. charmin is clog-free or it's free.

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rising. it is off by your left shoulder in the distance. that is the orion capsule designed to take humans below the earth orbit eventually to mars. this is exploration test flight number one. the orion is on top of the staff underneath a super powerful delta 4 heavy rocket. here is what the plan will be. this rocket is going to blast off from the cape canaveral station and launch off the earth and make two big orbits. the second orbit will be farther than any human designed spacecraft has gone since the end of the apollo missions 42 years ago. they will go 3,600 miles above the earth and when it comes back it will reach speeds of 26,000 miles per hour generating into the

atmosphere. that is going to be one of the big tests for this as well as the launch aboard system and whether the parachutes fully deploy in the pacific where it is going to land after this four and a half hour flight. >> when is it coming back? we is it going to land -- when is it going to land in the ocean? >> it is going to be 600 miles off the baja peninsula off san diego. >> we'll probably show it to you live. thank you very much. we've got headlines. >> that will be exciting so stay tuned for that. we begin with our look at headlines at this hour. victims of the 2009 fort hood shooting might finally get combat benefits. new language in the 2015 defense spending bill is working its way through congress and it will make victims eligible to receive the purple heart. the bill officially recognizes the attack as an act of domestic terrorism rather than workplace violence. that designation the obama administration had used. 13 people were killed,

another 32 wounded when the convicted shooter nidal hassan opened fire and hassan said he was inspired by al qaeda. he was sentenced to death in 2013. georgetown university's gaston hall seats over 700 people although the big space seems like maybe overkill during hillary clinton's latest visit. photos and videos show scores of empty seats during the former secretary of state's speech. the balcony nearly empty as clinton takes the podium. it is claimed students were busy studying for final exams. >> a shocking video. luggage handlers at the airport caught on camera stealing your stuff. the latest incident seven workers at new york's jfk airport charged with swiping ipads, laptops and diamond earrings. they are said to have carried out the scheme for more than two years. if convicted they face

between four and seven years in prison. oxford adding a new pop culture term to its on-line dictionary. up first, duck face. yeah. unfortunately, here i am attempting a duck face earlier this morning. i don't know about that. moving on, obamacare, that also made the list. the last but not least, man crush. check out brian almost connecting his man crush with david beckham. beckham didn't quite feel the same. ouch. oh no! >> man crush escape. >> that is the closest i got to meeting him. >> love the purple sweater, though. >> i just had an observation. when i saw man crush and i knew you were going to be talking about it, i was thinking about sting. you have a man crush on sting and david beckham. why is it you don't like american men? >> all i keep saying is i

might have a man crush but every day this is what i get up with. i put it in my pocket and i would not be surprised if he has a picture of me. >> i think he does. >> see, elisabeth, you are so nice, >> we have a crush on maria wh has a crush on the weather. >> that's right. good morning. we're tracking chilly temperatures across parts of the northeast and into the midwest but it is december after all. temperatures are not too bad when you compare them to normal. take a look at some of these high temperatures. in new york city in the 40's, 30's in cleveland and chicago and across parts of the south, not bad at all. high temperatures widespread in the 60's and 70's from texas to georgia. enjoy those relatively mild temperatures today. we have areas of precipitation developing across parts of the ohio river valley today and farther south across portions of tennessee, also western kentucky seeing

drizzle early this morning and some freezing on contact with the surface. you can see pink showing up on the radar across parts of illinois. farther west across california we have drought conditions that continue in place and more rain is in the forecast. we welcome it but of course the concern now is flash flooding as we head into this weekend. we'll keep an eye on it. let's head back inside. >> thank you, maria. during the weather report brian revealed that in addition to david beckham and sting you had a man crush with? arnold. >> and sylvester stallone. but i broke up with arnold. the important part of the statement, when maria was doing the weather, i told you something. that means nod on there. >> i'm sorry. it started with the man bag. >> judge napolitano started that. a fake hero learns the hard way. if you go to impersonate a

u.s. army ranger make sure there aren't real vets nearby. >> why don't you admit you're phony. you know it's illegal; right? >> will that impersonator be punished for his actions? one congressman thinks so. he'll join us. >> a grand jury decides not to indict the police officer in the choke hold case and the judge says he got it all wrong. he is walking on deck to explain all that. ♪ ♪

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tap into the full power of your fidelity greenline. call or come in today for a free one-on-one review. protests last night after a grand jury decided not to charge a new york city police officer in the choke hold death of eric garner. that officer will not face criminal charges but a federal investigation is

already underway. >> his death of course was a tragedy. all lives must be valued. all lives. mr. garner's death is one of several recent incidents across our great country that have tested the sense of trust that must exist between law enforcement and the communities they are charged to serve and to protect. >> exactly what can be done at the federal level on this case? we're going to ask fox news senior judicial analyst and author of "the suicide pact," judge andrew napolitano. >> good morning. so nice of you to mention the book. i appreciate it. i got caught up in one of those demonstrations last night. i was walking on a street not far from here when all of a sudden through the street as well as on the sidewalk came what appears to be hundreds, maybe a few thousand people. passionate, loud, but peaceful. >> justified in your opinion? >> yes. wasn't justified to block traffic and at that moment

they were blocking traffic. i'm sure if i was in a car i would have been unhappy. but peaceful and police protecting their right to protest. almost the option of what we saw -- almost the opposite of what we saw in ferguson perhaps because police in new york city are familiar with the concept of protest and the leeway people need when expressing the opinion. >> can you tell us the contrast? >> i was very critical yesterday. there are several tapes and there was a lot of medical testimony. but when you realize this is not a ferguson. this is not a person threatening the police. this is not a fight for the cop's gun. this is not a person trying to kill the cop, as was the case in ferguson. this is a person committing such a low-level crime it doesn't even rise to the level of jaywalking. they basically should have said get out of here.

there is no reason to arrest somebody who is selling cigarettes to homeless people. and there's absolutely no reason for him to end up dead as a result of the physical contact initiated by the police. >> what will occur? >> i think the officer will be investigated by the feds. general holder said that. the person in charnl of the investigation is loretta lynch, the u.s. attorney in practice lynn, nominated by president obama to replace eric holder. i think they probably will indict this police officer for a violation of mr. garner's federal civil rights by using deadly force in a case that did not call for deadly force. >> mistake for the grand jury to not indict? >> yes it would have been better for everybody, for the concept of justice, for the city, even for the police officer for him to be tried in a state court than a federal court but not going to happen that way. >> precise analysis. judge andrew napolitano, always great to have you

here. and suicide pact great. a state hero tries to impersonate an army ranger but gets caught in the act by a real veteran. >> why is your flag on your shoulder? should be up here. why don't you admit you're phony. you know it's illegal? >> will the impersonator be charged for his actions? one congressman thinks he should be and he's next. >> actors from the dukes of >> actors from the dukes of hazards are here. it's the purple pill, the #1 prescribed acid blocking brand,

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the fury rages on over the man caught impersonating one of our nation's heros in order to score black friday deals. listen to what happened when a real army veteran, a sergeant, called him out. >> you're a second bat ranger. where is your combat patch at? >> gave it to a little kid. >> why is your flag so low on your shoulder? should be up here. >> got me on that one, bud. >> this is illegal. what you're doing now is illegal. you know what? i've worn that [ bleep ] uniform. i've had friends killed in that [ bleep ] uniform. >> he's in danger of being charged with violating the stolen valor act. joining us is joe heck. welcome, congressman. what really prompted -- what do you want to happen to that man for what he seems to have been

doing? >> certainly he was holding himself out to have been a combat veteran in order to gain something material for himself, like some better deal that would otherwise be available to the general public, he'll be liable under the stolen valor act. the whole idea behind the bill was make sure those men and women who served this country heroically have been given valorous decoration should have the sanctity of that medal honored. imposters going around wearing them do a grave disservice to those who actually earned them. >> here is some of the ideas what the can and can't do. says this, whoever with the intent to obtain money, property or other tangible benefit holds one self out to recipient of a decoration or medal should be fined, imprisoned not more than one year or both. so this is something that passed in 2013. it was on the fast track through the house, through the senate. people all agreed, this does not

stand. republicans and democrats. >> you're exactly right. it passed almost unanimously here in the house, passed by in the senate. the bill from 2013 was a rewrite of the bill that was originally passed in 2005 that the supreme court found unconstitutional basically saying that it's okay to lie about combat service. so we went back and rewrote the law to make it much more narrow and withstand constitutional scrutiny by saying you have to hold yourself out to have received it and trying to gain something materially beneficial to yourself. if what i heard about this case in pennsylvania is true, this imposter qualifies for prosecution under the stolen valor act of 2013. >> not only does this guy say it was him, he said it was an army ranger. here is dakota myer who has been singled out for his valor. he joined us earlier and talks about the mentality of serving. >> they're just cowards. they're cowards because they

want to go out -- whether it's for personal benefit or whether they just want to impersonate someone in the u.s. military. it's really all you can describe them as is cowards. i think they should be prosecuted. i think it should be illegal to impersonate someone in the u.s. military. not only for reaping personal benefit, but for the security reason it. >> you know dakota myer was awarded the medal of honor. it's pretty much what you're saying, right? >> exactly right. he's a great american hero and certainly exemplifies everything these were meant to symbolize. so when you have somebody walking through shopping mall and what puts this imposter in trouble is the fact that he's wearing a combat infantryman badge, which is one of the specified badges that would hold him liable under the stolen valor act. >> i got to ask you, our new secretary of defense seems to be ashton carter.

do you support him? >> i do. i think he has great skill set and the institutional knowledge within the pentagon to try to right the ship over at the pentagon in the last two years of this president's administration. >> we'll see. he's going to have to speak up and sometimes when you speak up, you lose your job. congressman, thank you for joining us this morning and thanks for your service. >> thank you, brian. coming up straight ahead, in a few minutes, fox news alert from an historic launch. the first step toward a manned mission to mars. we'll bring it live. and mayor rudy guiliani on the grand jury's verdict on the choke hold death of eric garner. did the grand jury get right? did our current mayor get it right with his tone and tenor ac? two words: it heals. how? with heat. unlike creams and rubs that mask the pain, thermacare has patented heat cells that penetrate deep to increase circulation and accelerate healing.

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two weeks later. look, credit karma-- are you talking to websites again? this website says "free credit scores." oh, credit karma! yeah it's actually free. look, you don't have to put in your credit card information. whew! credit karma. really. free. good morning. this thursday, december 4. i'm elisabeth hasselbeck. a fox news alert.

protesters take to the streets of new york city after a grand jury decides not to indict the police officer in the choke hold case. now sharpton is there to fan the flames. >> how many people have to die before people understand this is not an illusion? >> from rudy guiliani, he's here on the curvy couch in moments to react. senator joe manchin calling out the president, saying he lost touch and people don't believe he cares. the senator here live with more on that. and all they wanted was to reach santa. but his number is not 911. >> you have to understand is that north pole is out of our jurisdiction. >> so will these kids be on the naughty list now? we'll find ou. you're watching "fox & friends" live from new york city.

>> fox news alert live at the cape. we are waiting for the launch of the orion spacecraft. word from cape canaveral, there will be a slight delay. >> a boat apparently wandering into the launch area. the launch was scheduled for 7:05 eastern. no word yet on how long the delay will last. >> the spacecraft will make two orbits around the earth, will launch into a height of 3600 miles. the mission will last about 4 1/2 hours. maybe step one to get to go mars. >> it's all to figure out whether or not the spacecraft is suitable to take people to mars. there you can see a whole bunch of people along the space coast who are there to watch another space ship take off because it's been years since they've done that in that area. >> now this, a fox news alert. fury across the nation. protesters filling the streets after a grand jury cleared an nypd officer in the choke hold

death of eric garner. >> justice for eric garner! justice for eric garner! >> dozens were arrested for blocking busy streets and highways. we are joined by rudy guiliani. thank you for being with us. >> good morning. >> what was your reaction after the grand jury decided not to indict the officer? >> my reaction was -- i don't know all the facts, so i would have to withhold judgment. i would have to read the grand jury transcript. >> are we going to get to? >> i think district attorney wants to do that. he happens to be a very close friend of mine who i've known for years. he's a former assistant district attorney in manhattan. he's an expert lawyer, a great lawyer, extraordinarily fair man. so i have to imagine this case was presented in a very

professional way and the grand jury reached a result that i'm sure they believe was right. i've been before hundreds of grand juries as a prosecutor. and i have always found them to be extraordinarily conscientious citizens. they take an oath and take this very seriously. all these attacks on them i find to be really a horrible thing. one of the things the mayor and sharpton and the others are doing, they're tearing down respect for a criminal justice system that goes back to england in the 11th century. >> we've got a sound bite to play. there is the mayor yesterday. i want to play it for you and see whether or not you would ever say this. listen. >> there are so many families in this city who feel that each and every night, is my child safe? and just from some of the painful realities, crime and

violence in some of our neighborhoods, but safe from the very people that want to have faith in as their protectors. we're not just dealing with a problem in 2014. we're not dealing with years of racism leading up to it or decades of racism. we are dealing with centuries of racism that have brought us to this day. that's how profound the crisis is. >> so he's talking about racism there and he's also throwing the nypd under the bus. >> this helps to create this atmosphere of protests and sometimes even violence. first of all, there was no racism in this case. there is no indication if this man were a white man resisting arrest, the same thing would happen. if i recall, there was a female african-american sergeant observing, in charge of the thing, never did anything to stop. >> she could have said stop. >> observing the technique used. as far as i know. again, i haven't seen the grand jury's transcript. she did nothing to interrupt it.

that might have weighed in the grand jury's decision. but to suggest racism was involved, just because it's a white man and black man. and then also to talk about families worried about their children? there are a handful of police shootings of blacks. a handful. i don't know the exact percentage. different city, 1%, 2%, 3%. 96% of the time it's a black child being killed by a black. so this is like you have two streets. 96% of your action takes place on one street. 2% takes place on the other. the mayor is telling his son, worry about the one with the 2%. not the one with the 96%. >> mr. mayor. >> if he wants to train young black men and how to avoid being killed in a city, you can talk about police. police should never kill anybody unjustifiably. but you should spend 90% of your time talking about the way they're actually probably going to get killed, which is by another black. to avoid that fact, to avoid that fact, i think is racism.

>> niece a mixed marriage and his son is like president obama, half black, half white. and he went into his own personal story and how i tell my son how to act differently make sure you're not going to be a threat. so was that appropriate, in your mind, for a public official -- >> he wants to tell his son to act appropriately with the police, everybody should. black father, white fathers, hispanic fathers, mixed race fathers, we should all tell our children to act appropriately with the police. i was always told the policeman is always right. there is a good reason for it. he's got a gun. don't argue with a police officer. >> charliage said this is a cancer. take a listen. >> this totally impossible to believe that someone can die and nobody is indicted. is the cancer racial hatred in this country by a handful of people that's tolerated by most people, including good police officers. i can take the d.a. to the grand jury really and get an

indictment of him for not reporting what his job was and how he failed so far. >> he's playing the race card, too. >> playing the race card. also the first statement is totally ignorant, that somebody could die and no one gets indicted. i mean, i don't know if char israeli a lawyer or not, but how about an accident? people die -- you don't indict someone because they die. there is a traffic accident, maybe it's caused by the person who actually dies? >> what about the -- >> it's a totally absurd statement! he gives people a totally ignorant view of the law and the complexity of the law. the grand jury goes back to the tenth century and it protects people. it protects people against being indicted incorrectly. it protects innocent people. maybe this police officer is innocent. should an innocent man go to jail? let's read the transcript and find out. the mayor should be talking about patience, calm, let's take

a look at this, and then the mayor should be spending 96% of his time on the way people in that community are actually victimized if he really cared about them. i put the police in the places in new york where people were being killed to stop people from being killed. i didn't put them on park avenue. if i put them there, i'd have been a racist. >> and homicides went down in that community. >> mayor bloomberg and i, i would say, we probably saved more black, african-american lives in new york city than any two mayors in the history of the city. >> you've got advice there for the current mayor. meanwhile, what's your advice for al sharpton? here he is calling for a national march in the wake of what happened in new york city and in ferguson. >> how many people have to die before people understand this is not an illusion? this is a reality that america has got to come to terms with. this is going to be a winter

that we're going to free our police brutality! eric garner, michael brown. enough is enough! >> is that helpful? >> if he were talking about black on black crime with the same passion, the same intention, the same money put behind it as he does the few situations where police shoot someone, then maybe we'd be doing something constructive. both things need attention. but one needs a lot more attention than the other because one accounts for 96% of the way in which somebody is killed. >> let's bring this up. of the 23 jurors, at least five were black, nine were nonwhite, and 14 were white. >> the video for just the untrained eye could create questions about whether there -- >> what do you think of the video? >> i'd have to read the rest of

the transcript. i probably believe it's a correct decision because i know grand juries and i know the district attorney so well and he's such a professional. but to be fair, you'd have to read the transcript. part of this is completely outrageous are the statements that make this a racial incident when without any doubt this was not a racial incident. the presence of the black sergeant proves that and the fact that it's another man that size resisted arrest, the same thing would have happened. remember, in both of these case, mr. brown committed at least two felonies, possibly three, during that incident. the police officer was dealing with a criminal. and in this case, the police officer was dealing with a criminal who was resisting arrest. maybe if mr. brown hadn't committed his crimes and this gentleman hadn't resisted arrest, they wouldn't be dead today. >> all right. rudy guiliani, thank you very much for coming in on this busy thursday. >> thank you. heather, you have the other break news that's happening. >> we had breaking news overnight that we need to tell

you about. breaking overnight, al-qaeda threatening to murder an american hostage if demands to president obama are not met in three days. in a newly released video, we see 33-year-old luke summers on camera for the first time. the photo journalist was kidnapped in yemen back in september of 2013. just last week, there was a raid in yemen, but he was not among the eight hostages freed. right now it's unclear what al-qaeda is demanding. but there is speculation it involves a prisoner swap. dna confirming authorities in lebanon have detained the daughter of the leader of isis. the child's mother also in custody, and under interrogation. she was once married to al bagdadi. we told you yesterday the two were arrested crossing the border from syria. the benghazi terrorist attack that left four americansç dead, is that just a right wing issue for critics of the president? that is exactly what bloomberg news says. listen to one reporter's

questions. that was at a briefing yesterday. >> two years after the attack on the consulate, this has become still a major issue with the right wing and the obama haters that the conspiracy theorists about why we didn't rescue. two years later, what answers do you have at your disposal right now? >> this coming as gop leaders slam a new report finding no intelligence lapses in connection with that fatal terrorist attack. and those are a look at your headlines. back to you guys. >> thank you very much. another fox news alert. in just minutes from now, a historic launch. america takes its first step toward a manned mission to mars. we're going to bring it to you live in less than five minutes. not only that, we have senator joe manchin with us, a democrat calling out the president, saying in many ways he's lost touch with the people and they don't believe he cares. the senator from west virginia will join us live. ♪ ♪

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then a boater in the splash down area got too close to the area. wound up getting a very stern talking to by the coast guard. we understand now it's being delayed, it's a hold due to the wind exceeding the set limits. probably going to take off in a little bit. but right now it's too breezy down along the east coast of florida. >> it will eventually splash down in san diego and 2030 will take us to mars. >> in san diego? >> in the water. people of san diego, it will go into the water. >> we will bring all of this to you as it happens. >> that's right. did you see that video? we've been showing it over the last day and a half of a guy walk through a mall. there he is right there. he looks like a proud member of our u.s. service. actually apparently an imposter. however, he was confronted by somebody who was in the service and was quite angry he was faking it. >> you spoke with him, ryan burke was here talking about why

it was necessary for him to go up 'cause he's an army veteran and a sergeant. >> he's taking the pictures. >> he did whip out his iphone and start confronting this guy who was pretending it seems to be an army ranger and confronted him with a few facts about what it would take to be an army ranger and why he wasn't. so clearly so far an act of stolen valor. congressman joe heck, a brig dear general, representing nevada in the house, came forward and said, i'm going after this guy. >> and medal of honor recipient said this. >> they're cowards. they're cowards because they want to go out and -- whether it's for personal benefit or whether they just want to impersonate someone in the u.s. military, i mean, that's really all you can describe them as is cowards. i think they should be prosecuted. i think it should be illegal to impersonate someone in the u.s. military.

not only for reaping personal benefit, but for the security reason of it. >> the thing that makes this unique is this phi who put on the -- guy who put on the costume to him, because he wasn't serving in the military, he was doing it to get discounts forwarded to military members on black friday. so he's doing it for financial benefit for himself. that makes it a crime. >> could be guilty of fraud there for sure. let us know what you think about that on facebook and twitter and we will read those responses coming up. the fort hood shooter yelled allah akbar. but the white house refused to call the attack terrorism. this morning the victims may finally be getting the benefits that they deserve. but no thanks to the president. and senator joe manchin is a democrat calling out the president, saying he has lost touch with the people and they stopped believing he cares. that senator will expand on that. he will join us live. ♪ ♪

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happening right now live look once again at cape canaveral in florida. the launch of the orion spacecraft scheduled for 20 minutes ago has been delayed by gusty winds. this is the second delay this morning. the first because a boater got too close. the unmanned space capsule will make two orbits around the earth to test america's first step toward manned missions to mars. we have no eta right now, but the window is open until 9:44 this morning. if it happens then between now and then, we're going to bring it to you live. in the meantime, brian, over to you and elisabeth.

thanks. he's one of the senators that republicans will look to as they reach across the aisle to see if they can work with democrats to get something done over the next two years. it's our privilege to bring senator joe manchin from west virginia who made a special sacrifice for us. >> good morning. i heard you had an extraordinary opportunity to be at the launch, but you're with us. >> i'm with you. that's exactly right. we have votes at 10:00 o'clock, but i'm still with you. that's the most important thing. >> we appreciate your time here. if we could quickly pick at your expertise and opinion on the grand jury's decision not to indict in the garner case, the choke hold death here in new york, what is your opinion on that? >> there is something wrong, there really is. and i understand it. like i said, the policemen and cops, professionalism that they have should be your friend. they should be looking at them to protect you, your friend. they're there to assist and keep order. and when something goes wrong, we should be looking and finding out what's going right in other parts of the country. i can't speak. i'm not a lawyer, so i can't

speak on the legal matters here. it's just horrific. i know the police are trained professionals. i have all the respect in the world for them. but on the other hand, these are horrific situations to where people lose their lives. i can't imagine a parent losing a child or someone losing their life like this that wasn't intended. >> are you comfortable with the mayor's tone and the president's tone and the attorney general's tone yesterday? you think that makes things better or worse? >> you know, basically you have to have faith in the system. you really have to have. it's the greatest system on the earth. and the rule of law basically makes us different than any place else in the world. with that being said, it's not perfect. we've got to make sure that we are tolerant. but we have to make sure also that people are well trained. cameras, whatever it would take. but the bottom line is, every locality is responsible. it's not going to be all governed out of washington. i don't think the founding fathers ever, ever intended for this country to be run out of washington on the day-to-day

basis, i really don't. >> there you focus on the states' role here, really taking a look at what is the realm of their responsibility. there are reports that say you're eyeing a return to the governor's seat. what can you tell us? >> let me just say this, i want this place to work. i've been here four years now. i came after the death of my dear friend and unbelievablably beloved senator and i made a decision to leave the governorship two years early thinking i could bring hopefully some little bit of common sense from west virginia, which i'm so proud that we have so much common sense. but with that being said, i want it to work. if i can make a difference and help bring the place to some type of workable order, i'm happy to do that. if not, and i see it's not going to do anything but same ole, same ole, then i'll make that decision. >> the president coming out with his executive order on immigration for many people has begun on the wrong foot and poisoned the well. now there has been a reaction,

governors, governor-elect abbott and 17 other states are joining him in suing to stop the president's executive order about making 5 million illegals legal. >> what i think about that, brian, is this: first of all, what the president did, he followed the piece legislation that was passed overwhelmingly bipartisan. it was put together by four democrats and four republicans that i respect immensely. i voted for it because most important thing it secured the borders. we put more effort to secure the borders than ever before in any piece of legislation i've ever seen or voted on. with that being seen, it made them pay their taxes and made them become law-abiding citizens, pay a fine for breaking the law. it gave a pathway so we could start being realistic. with all that being said, what i disagree with the president is basically he should have recognized that there was a big shift, the election basically spoke loud and clear that people wanted change. and he should have said i heard you loud and clear. with that being said, i've still got to do my job. here is the order i'm following

a bipartisan bill. this law will take effect -- this order will take effect either march 1 or april 1, which gives the voice of the people, the new republican majority coming in, a chance to either work with the lame duck presence that we have, or the new incoming republicans. give them a chance. all we're asking for is vote on the bill. but with that being said, i think rushing it and doing it and bringing it to fruition that quick really got people fired up and i understand. >> i want to refresh your memory. you have a quote about the president on time magazine. there is an old saying my grandmother would say, people don't care how much you know until they know how much you care. people just don't believe he cares. >> i think appearance, perception. people need to know you feel their pain. they need to know that basically you know where they're coming from, you know how difficult their lives are, how concerned

they are about education, how concerned they are about the changing of america and is it for the best? but basically we had problems on the border and we can't be the childcare center for the world. we can't be the law enforcement center for the world. what we can do is basically keep america strong that we can help people out of compassion. if they don't feel that your leader has that compassion and doesn't come across compassionately, it's just another speech, it's hard to basically get through. my grandmother, she used to say, joe, don't worry. people don't care how much you know until they know how much you care. so better come from the heart. if people don't feel that, and i think that could be a little bit of a problem and seems to be. >> i think we're better off if you guys get something done in the senate and you ladies, and you stay in the senate. this way you continue to work across party lines. >> i'm ready to do something, brian. i reached out to my colleagues on the republican side. let's make something done. let's not make the mistake as

democrats. >> thank you for joining us this morning. >> thank you for having me. >> and choosing us over the launch. >> at least watch us as we watch the launch today. thanks so much. >> sure thing, brian. up next, boys in one room of the girls in the other. same sex classrooms are picking up steam in public schools. but will your son or daughter get a better education by doing this? >> plus, the boys are back together. >> smooth. >> bo and the duke are treating their fast cars -- trading their fast cars for singing careers and they're bringing their vocals to our curvy couch right now. ♪ ♪ what makes thermacare different? two words: it heals. how? with heat. unlike creams and rubs that mask the pain, thermacare has patented heat cells that penetrate deep to increase circulation and accelerate healing.

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a live look back at the space place down in florida. the launch of the orion spacecraft has been delayed due to wind gusts exceeding the set limits that nasa prefers. >> the unmanned space capsule will make two orbits around the earth to test america's first step toward manned missions to mars. >> that's a problem with the earth, it's too windy. we have no new eta. nasa saying the countdown could resume at any moment. as soon as it happens, we will bring it to you. we're great at bringing you countdowntowns. >> the first delay was there was a boat. >> the actual window extends until 9:44. so it could happen between now and two hours and ten minutes from now. >> the good news is, it's unmanned so no one is inside complaining. >> so far. >> pretty much we're the only ones complaining. come on, let's go. we got a show. >> hey, heather? >> very good point, brian. always looking at the glass half full. we have headlines to talk about.

we are getting a first look at the american kindergarten teacher stabbed to death in an upscale abu dhabi mall. 47-year-old woman from colorado. police releasing surveillance video as they try to catch this suspect, but here is the thing. the attacker was fully covered, wearing a head scarf and face cover. recently the u.s. embassy did warn against attacks aimed at american teachers. victims of the 2009 fort hood shooting might finally get combat benefits. there is new language in the 2015 defense spending bill work its way through congress. it will make victims eligible to receive the purple heart. the bill officially recognizes the attack as an act of domestic terrorism rather than workplace violence. that designation which the obama administration has used. 13 people were killed and others wounded when the convicted killer, nidal hasan, opened fire. and he said he was inspired by al-qaeda. he was sentenced to death in

2013. cotys will be a thing of the past. more and more public schools are turning to separate classes for boys and girls. some teachers saying since boys and girls learn differently, they should be taught differently. but critics say they're not too much of a benefit. right now 750 schools across the u.s. have at least one single sex class. and finally, writing a letter to santa not fast enough. two boys in wisconsin, they were age three and six, they wanted to make sure that saint nick got their christmas list immediately. so they figured that it would be a good idea to call 911 hoping to talk to santa. instead they ended up getting a little visit from the police. >> she came in and talked to the children about calling santa and how santa is only in person. >> i want them to understand that north pole is out of our jurisdiction. there is not much we can do about helping them connect with

santa claus. >> the boys were given a tour of the police station, released on good behavior. so it looks like they are still on the nice list. that is the cutest story oldie long. >> the cutest 911 story we'll ever hear. you know them as the dukes of hazard. >> smooth. >> anything they can do, we can do! >> let's get out of here. >> i thought we were going to watch the whole episode. now the good old boys are back. bo and duke. >> luke. >> luke, that's right.

they're behind the microphone because they're thinking christmas and sing being it. >> tom wopat and john schneider teamed up with a christmas album and join us today. good morning. >> good morning. >> great to have you. this was recorded in july and august when it's really hot and sweaty. how do you envision christmas when it's hot and sweaty? >> you go into the air conditioning. crank it up, wear a scarf. >> what was the first song you sang together? >> back in the day? >> yes. >> i have no idea. ♪ where are you tonight ♪ why did you leave me here all alone ♪ ♪ i searched the world over and thought i found true love ♪ ♪ you met another and i was gone. >> a hee haw song. >> the album has a special cover. can you tell us about that? n my daughter, lindsey, designed the cover. an homage to our shirt colors with the yellow and blue played. then we have a general lee up there on the mantle.

>> that's great. >> it's a sweet record. really nice music. there is a really wide range of tunes. >> it's on amazon. itunes. >> you are both funny guys. the song is "baby it's cold outside." but you put your own take. who is johnny? >> johnny is johnny. >> me. >> are you the one who is singing here? >> i don't know. >> the answer is yes. ♪ johnny it's cold outside ♪ schneider, it's cold out there ♪ ♪ this evening has been ♪ so very nice ♪ you brought the beer, i'll get the ice ♪ >> twist on that song. >> i like that. >> yeah. i don't know that two guys have sung that song to one another. rupaul is a fan. >> what's one of the new words

in the oxford dictionary? >> man crush? >> man crush. do you have a little -- bbromance. >> we've been together since 1978. >> 35 years. >> it's time we said something! >> when did the man crush really start? >> 1978. >> where were you in 1978? >> i was one.re you go. we've gotten along extremely well since the moment we met. >> that's rare in show business because when you have two stars who are work together for years and years and years, eventually you get sick of each other. >> well -- >> laurel and hardy, abbott and costello broke up. >> they're dead. they're all dead. >> we never had any problems. >> actually one of the singular things we did was when we did have our little issue with warner brothers, we both walked out together. it's never been done before. >> i remember. >> and thankfully, it's never been done since. >> actors come up and thank us for that stand we made.

>> yeah. >> real quick where do we get your album that we unfortunate got from bing cosby and others? >> there is a patter in between songs. you get a taste of our relationship. >> it's a great band. tom put the band together. the musicians were new york musicians. it's really fantastic. >> john sings an original song called "even the snow falls for you". as long as you go to itunes and get the record, he'll be fine. >> it's home for christmas. >> pick one up. >> or two or three. >> if you care about the country, you'll buy your christmas album. >> that's right. >> that's right. >> if you're a patriot, you'll buy this record. so nice to see you again. >> real pleasure.

wonderful. >> you all take care. >> they're just good old boys. coming up on this thursday, are americans tired of hillary, hearing hillary talk? take a close look at all those empty seats up there. the story straight ahead. and how the grinch stole christmas comes to life right here on "fox & friends." oh, my goodness. that's on green room and it really is green! >> oh, no. ♪ ♪ ccaaaaaaaaaaaa!

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that we must seek to heal the breakdown in trust that we have seen. >> we have not going to -- we are not going to let up until we see a strengthening of the trust and a strengthening of the accountability that exists between our communities and our law enforcement. >> no accountability, but are these types of speeches focusing on the lack of trust in law enforcement, actually undermining the judicial system? peter johnson, jr., america's lawyer, joins us live. >> good morning. i think most people will agree that rarely have we heard so many discussions of trust that will undermine trust in the criminal justice system. this is nonsense that we're hearing from the president and attorney general. i say that respectfully for their offices and for their service. but to say time and time again that grand jurors in missouri and new york are suspect, to say

that it is -- or to hint it's racially based, their decisions, to say that the district attorneys in that county and in staten island, richmond county in new york, are somehow acting in a way that's unfriendly, destructive of justice, that does a disservice to justice in this country. so if we say to americans at home today, the grand jury doesn't matter. al sharpton says it's a secret proceeding. it can't be trusted. people in your community make a decision, they're wrong. the prosecutor is skewed. democrat and republican. we need a new paradigm. what do we need? a new constitution? a new bill of rights? do we need a new constitutional amendment? what do we need to do in this country to satisfy people that justice is being done? of course there is racism in this country. i've seen it in new york in the past. i saw it against mayor deny convince when i worked for him in new york. but we can't say time and time

again that the system sucks. the system needs to be taken down. the grand juries have got it all wrong. it's being done in the media, too. at other networks and sometimes at this network. oh, the grand juries don't know what they're doing. i can make an argument in ferguson and in new york that there should have or shouldn't have been an indictment. you can take any piece of evidence and you can do anything that you want with it and say, this is an outrage. this is good. but it's not my job. and it certainly is not the president's job or the attorney general's job to dump on the grand jury system that each and every state has based on the common law. >> but you know with it comes to al sharpton, he's got to say, yeah, they got it wrong because what's he going to say? it's the rule of claw that's how we -- law and that's how we proceed in this country. that's not going to be good for him. >> it has to be and folks have to say, the rule of law counts. nowhere in the world is there a rule of law as we have it in the

united states. is it imperfect? yes. is there a racism sometimes in our justice system? yes. can we do better? but this is the most perfect system that exists. let's make it better, but let's not tear down our police. let's not tear down our d.a.s. let's not tear down 24 new yorkers who serve and who choose to serve in a grand jury. that's wrong. that destroys who we are and in the end, that hurts all people, black americans, white americans, americans of every color, stripe, party. that's wrong. the president and the attorney general need to pull it back. we don't need strive in the streets. peaceful protest, yes. but let's not go to the next step and we can't fuel it. i'm not saying they want to fuel it, but let's say respect for the rule of law. the grand jury has spoken in both cities. do better with each other, but

let's not tear down our system. >> people might not agree with it. >> too many people have died to keep this system alive. >> indeed. peter, thank you. >> see you. ten minutes before the top of the hour. fox news alert. a brand-new launch time just established for the orion spaceship down at the cape. 7:55. five minutes from right now as america takes its first step towards a manned mission to mars. we'll bring it to you live. so put down that remote. first on this date in 1881, the first edition of the l.a. times published. in 1918, president woodrow wilson became the first president to travel outside the u.s. while he was still president. and in 1967, the monkeys were singing this everywhere. ♪ day dream believer and a homecoming queen ♪

fox news alert. a live look back at the cape. the orion space launch supposed to take off in one minute has been delayed again because of the wind. >> the unmanned space capsule will make two orbits around the earth when it does launch. >> eventually. the test america's first step toward manned missions to mars, there is no eta right now. that's why we keep thinking there is one and find out there isn't one. i blame the wind. >> i blame some grinch down at the cape. >> you're always looking to do that, doctor. >> that's right. a dr. seuss classic tease right there. how the grinch stole christmas. it's coming. >> i love musicals and this is

my favorite. it begins tomorrow at madison square garden. >> today we're joined by two of the stars, the grinch and cindy lou who. you're one of the whos in whoville, aren't you? >> yes. >> like christmas alive. >> could you teach us to walk like a who? >> yeah. put your feet in first position and your hands out like this and you walk. >> is that a waddle? >> like a penguin. >> okay. >> that's great. thank you. >> that's adorable. look at you back there. the grinch, you got the big frown. she's doing something cute. >> so adorable, i don't really like it. >> the show is -- this is going to be extraordinary. so many kids are going to love to come see you. they can do so starting when? >> december 5. we open through the 28th. >> great time to come. oh, my. and you're not going to scare too many, are you? >> i'm not. i'm completely misunderstood. >> how special is this for you? what does it take to be a great

grinch? >> it just takes having kids actually. i have a 14-year-old and a ten-year-old and we all have a grinch inside of us, especially when you're standing in line for a sale or something. >> it's a little grinchy. >> do you use the same grinch voice that you use on broadway with your own children? >> i do. that's the only way they'll listen to me. >> going to be big for you. are you ready for this big run? >> yes, i am. >> i believe you are, too. it's impossible to be cuter than you. do you know that? >> absolutely impossible. we will confirm that right now. >> just found out my family is going. >> that's great. check them out through christmas. great. >> thank you. thanks for teaching us the walk. meanwhile, forget the land of the free from transfats to cigarettes, to this. >> should betting on sports be allowed? >> never. >> it encourages people, poor people to spend money.

>> everybody's got an opinion. but should they be allowed to control your life? john stossel says they already are. >> how dare he? lot -- stopping headaches and other tough pain. fast. relief doesn't get any better than this. advil.

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good morning. it is thursday, december 4. i'm elisabeth hasselbeck. a fox news alert. protesters take to the streets after a grand jury decides not to indict the police officer in the choke hold case. who does the mayor of new york city go after? well, the cop. >> there are so many families in this city who feel that each and every night, is my child safe? are they safe from the very people they want to have faith in as their protectors? >> did the grand jury make the right decision? we report. you decide. and while you were sleeping, another american threatened. this time by al-qaeda. a brand-new video and what terrorists are demanding of the

president today. and it's official. man crush made the cut. it is now in the oxford dictionary. but what if the guy you admired theoretically sees it differently. >> or walks right by you when you want to shake his hand? it's david beckham. >> mornings are better when you have friends. >> o'brien. >> this is dakota myer. you're watching "fox & friends". ♪ ♪ angels we have heard on high ♪ ♪ sleeping sweetly through the night ♪ ♪ and the mountains in reply >> last night here they lit the christmas tree and this morning we have a live nativity in front of our world headquarters. we've been doing this for years. it is the faith in action in the coalition, christian defense coalition. they've been with us every year. that's a live baby jesus. >> mary action joseph, one donkey, three sheep, one camel.

and one is a baby, humphrey. >> humphrey? >> humphrey. that's right. >> very nice. >> by the way, the theory goes that the baby needs to stay warm. in this case, jesus. so the animals breathed on him to keep him warm. >> and it worked. >> there you go. >> the blankets helped, but not an electric blanket. no electricity. >> he's cozy and warm out there on our plaza and we're thankful that they're joining us today. >> we are indeed. we're glad that you would join us on this very busy thursday. we start with a fox news alert. across new york city, protests filling the streets after a grand jury cleared a new york city police department officer in the death of eric garner. listen. >> i can't breathe! i can't breathe! i can't breathe! >> there were 83 arrests in all in new york city. mostly for disorderly conduct and resisting arrest.

at one point they tried to make it over to the tree lighting rockefeller center. the police would not let them within a block. >> that's right. david lee miller joins us live with the very latest. david, is there anticipation of more of those protests today and what's the situation right now? >> very possibly there could be more demonstrations today. at this hour it is a usual, cry yet thursday morning. just a few hours ago, the scene here was very different after it was announced that there would not be an indictment by that grand jury. the reaction on the street is both swift and dramatic. there were demonstrations taking place in several cities throughout the country. the largest demonstration taking place here in manhattan. protesters attempting to block traffic on roadways, bridges, and tunnels. and as steve just mentioned, prime target was the nationally televised christmas tree lighting ceremony in rockefeller center. that took place without disruption.

unlike recent events in the ferguson, the protests in new york were largely peaceful. but we did see as many as 83 arrests here in new york. most of those for disorderly conduct. fueling the high emotion, the cell phone video seen around the world showing garner's final moments. protesters chanted over and over his final words, i can't breathe. the officer released a statement saying he felt bad about the death of mr. garner. it reads in part, quote, my family and i include him and his family in our prayers and i hope they will accept my personal condolences for their loss. garner's widow rejected that apology and accompanied by reverend al sharpton, said she will fight to make sure her husband's death will not be in vain. >> like reverend said, despite -- it just begun. i'm 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. >> reporter: at this hour,

officer remains on suspension. department internal investigation is underway. the family of eric garner, they are threatening a civil lawsuit in the amount of $75 million. back to you. >> all right. david lee miller, thank you very much. >> he's going to get these transcripts. all we have is opinion, emotion and a video. we have audio in that video, unlike what happened in the ferguson. >> it's heart breaking to watch that video. of course, every life does matter. every life lost does count. but should every life be used to be tossed around in political football? new york city mayor bill de blasio slamming police, saying people fear them. did the grand jury get it right? take a listen to his remarks. >> 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 our neighborhoods, but they safe

from the very people that want to -- they want to have faith in as their protectors. we're not just dealing with a problem in 2014. we're not dealing with years of racism leading up to it or decades of racism. we are dealing with centuries of racism that have brought us to this day. that is how profound the crisis is. >> that's a heck of a leap. he's claiming this entire issue is not only wrong, he thinks the grand jury got it wrong, but he's saying it's racist. >> he's actually linking the two. the grand jury getting this wrong is an indication of a systemic issue of race plaguing our nation right now and not many people are agreeing with that. >> here is the thing, it was a white officer and the victim was a black man. here is a reason many are suggesting that it will not be -- it's not a race issue and that is that the officer who is seen right there coming up, was supervised in the video and you'll see it in a moment by an african-american female sergeant

in the new york city police department. at no time does the black sergeant order the officer to stop choking mr. garner. so it's not -- already we are hearing that eric holder has launched a civil rights investigation. but it cannot be to many observers here in new york city, race related. but we are hearing many people play the race card and of course, famously al sharpton. >> we sat with someone here today, former mayor of new york city, rudy guiliani said let me just adjust the perspective here and take a look at the facts. this isn't racism. >> one of the things the mayor and sharpton and the others are doing, they are tearing down respect for a criminal justice system. but to suggest racism was involved just because it's a white man and a black man, and then also to talk about families worried about their children? there are a handful of police shootings of blacks. a handful. i don't know the exact percentage. different city, 1%, 2%, 3%.

96% of the time it's a black child being killed by a black. to avoid that fact i think is racist. >> we should point out the pda president, pat lynch here in new york city, said that in this particular takedown, the officer used a technique that is taught at the academy when he was making the arrest after mr. garner resisted the arrest. he goes on to say we are pleased with the grand jury's decision, but there are no winners here today. >> right. 23 jurors, 16 of them had to be present for deliberations. 12 of those jurors must agree. obviously they did. so the reported breakdown when the grand jury was in session 14 white, nine nonwhite. at least five were black. >> so two things coming up happening, garner's family filed a notice that they plan to sue the city for at least 75 million. and you have the feds getting involved here. eric holder announcing he's going to look into the case as well. and then you saw reverend al sharpton tweeting that he's been in contact with the family.

he tweeted this, mrs. garner, widow of eric garner, and i just spoke with attorney general eric holder about the garner case. this is far from over. >> meanwhile, here is the attorney general on this case and a federal investigation. >> we've all seen the video of mr. garner's arrest. his death, of course, was a tragedy. all lives must be valued. all lives. mr. garner's death is one of several recent incidents across our great country that have tested the sense of trust that must exist between law enforcement and the communities they are charged to serve and to protect. this is not a new york issue nor a ferguson issue alone. >> and the attorney general there talks about the video. we've all seen the video here in new york city and now you're seeing it across the country. very clearly the police officer does have his arms wrapped around the neck of the suspect. chokeholds are barred by the new

york city police department. however, they are not illegal in state law if they are used during a lawful arrest. and this clearly was a lawful arrest. ultimately the grand jury had to decide whether or not the officer acted with malicious intentions. the end of the day, they felt he did not. >> yeah. they said multiple causes, the autopsy revealed multiple causes for death, heart disease, obesity, to lack of oxygen. believe it or not, we're still waiting for the orion to watch. heather, do you have news for us? >> i have an update for you. a live look at cape canaveral, florida. that is the launch site of the orion spacecraft. it has been delayed again due to wind gusts. we are waiting right now for a new launch time. when it does take off, the unmanned space capsule will make two orbits around the earth. the historic test, america's first step toward manned missions to mars.

pretty cool. also breaking out, the masked suspect in the killing of an american teacher in abu dhabi arrested. authorities are not releasing any other details. this as we are learning more about the victim. she was an american kindergarten teacher, 47-year-old woman was from colorado. al-qaeda threatening to murder an american hostage if demands to president obama are not met in three days. in a newly released video, we see 33-year-old luke summers on camera for the first time. the photo journalist was kidnapped in yemen back in september of 2013 and just last week, there was a u.s. special forces raid in yemen. but summers was not among the eight hostages freed. and georgetown university's gaston hall seats over 700 people, but all that big space seemed maybe a little like overkill during hillary clinton's visit last week. photos and video showing scores of empty seats during the former secretary of state's speech.

the school claiming students were too busy studying for final exams. and those are a look at your headlines. >> it is true, though. this is georgetown and it is a tough school and it is two weeks until they're done. >> in they're smart, they're studying. >> they're really getting ahead of it. >> i'm sure the university paid a lot of them. >> let us know if you want there, why. >> yes. >> still ahead, forget the land of the free, from transfats to cigarettes to this. >> should betting on sports be allowed? >> never. >> it encourages people, poor people to spend money. >> everybody's got an opinion about everything. but should they be allowed to control your life? john stossel says they already are. he explains next. and it's official. man crush made the cut. it is now finally in the dictionary. but what if the guy you admire sees it differently? >> that guy walking by you? >> yes. the guy with the purple sweater.

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freedom has fallen dramatically. in 2010, the u.s. was ranked number nine out of 140 countries. that ranking in terms of freedom has now dropped to 21. john stossel saw that stat and has taken action. he blames control freaks. who are these people, you ask? they are your elected officials. the host of "stossel" is here to explain prior to his show tonight. what are you talking about? how did we lose these freedoms? >> they always want to help us. we're going to make you safer. so they pass another rule, and another rule. the president released 3,000 before thanksgiving. they never take them away. take cigarette smoking. yeah, they kill smokers. but there is no good data showing secondhand smoke kills people. nevertheless, banned -- i don't smoke. i'm glad they banned it on airplanes and places. but can't smokers have some bars? in 22 states, no bars. it used to be no smoking sections. now nowhere can a smoker gather with people. >> right. now they say the -- you're

saying if i'm a business owner, whether i like smoking or not, if i think i can make a profit by having a smoking restaurant, i should be able to have it. >> it's your property, yeah, why can't you? what happened to freedom? >> let's talk about something else. churches wanted to hand out turkeys. it's something they've commonly done. what happened? >> in many cases, the regulators say you can't give these to homeless people. you need a commercial kitchen or you can't do it in this neighborhood. they arrested some people in fort lauder dale, florida, for giving food to the homeless. >> this is an example your heart is in the right place, but you should have the freedom to be able to do these things to make your own choices. >> right. that example is my least good example because there is a public square and the homeless were gathering in front of stores to get the food. the police had a right to police the neighborhood. >> right let's talk about something that made a lot of news. mayor bloomberg who was mayor here for 5,000 years, came out

and passed a law that no more transfats. they'd have to list everything on menus. but transfats were banned. does that bother you even though it makes you healthier? >> it might make us healthier. it only bothers me because they keep adding more. they have studies on those labels that every store now has to post these labels. they have no effect. customers read them, they say, that affects my body, then they look at the chips, they say it makes no difference. more, more, all the time. >> i think i know your answer, what you role do you see the government having in situation, large and small, in a time in which we're trying to keep people safer and healthier? >> keep people safe. let people make their own decisions about how they keep themselves healthier. >> and not regulate it. you can catch more on this topic if you watch "stossel" tonight. no one else has the guts to do this segment. 9:00 o'clock on the "fox business" network. go to foxbusiness.com/channelfinder and you'll find john. great to see you. >> you too. ten minutes before the bottom of the hour. coming up, the rams players who

took to the field with their hands up as a way to honor michael brown may now be honored by a congressman. is this a good idea? plus, the true meaning of christmas. the birth of jesus christ. up next, the nativity live on our plaza. ♪ ♪ hark the herald angels sing ♪ glory to the newborn king ve. ♪ peace on earth for great taste. plus nicorette gumiv e c. and g

this live nativity gaining national attention on the front steps of the united states supreme court. it carries a powerful message about the true meaning of christmas and religious freedom. >> before the scene heads to washington this year, this group, faith in action, has

brought their nativity to our plaza. joining us now is the lead missionary of faith in action, reverend rob shneck and reverend rob mahoney, along with reverend david hearnequist who provided the live people and animals and the festivity today. good morning to you. >> what an extraordinary look at this time that marked history and faith for so many. i want to specifically ask you, what does this mean, because marching next week in washington and having the nativity in front of the supreme court, the ability to display faith in the public square is something that so many americans want to be able to do. why do you feel as though it's under attack? >> sadly, there is an attack on public expressions of faith. but with the nativity project, we found an incredible way to deal with that. as cities are removing the nativity projects, individuals can fill out permits and they can display nativity scenes. so if you are in a community that doesn't have a nativity

display, it was removed, you as an individual can go get a permit and we did that in front of the united states supreme court on december 9, we'll be out there and our message is clear. if you can display the powerful message of christmas in front of the united states supreme court, you can display it in your own hometown and go to the nativity project on facebook if you want to have a nativity project in your community. >> powerful stuff. >> and it's very festive suddenly. last night they lit the christmas tree and today the live nativity scene. there is something about people who sit in the very cold weather to provide this. >> this is a very powerful image that everybody recognizes and telegraphs an very important message, especially at this time. we've been through a traumatic year with what's happening in syria and iraq and isis and the terror. we've had shootings at schools here in this country, traumatized people, of course, ferguson. now here in new york. so the message here as we

contemplate violence in our own culture is a very important one. peace on earth. goodwill toward men. you can see people here on the streets seeing that message. >> i love that. >> it's a loving message. >> is it hard to get volunteers for this? >> no. not at all. we have many people at our church and multi cultural church and they love coming here. >> it's great. and it sure puts us in the spirit of the season. merry christmas, guys. >> merry christ mass. >> i will take that. thank you very much. >> from outside where it's in the 30s to inside where it's 72 and sunny. >> steve, thank you very much. great piece. let me tell you what's coming up because we have 34 minutes of big news. the fort hood shooter yelled allah akbar. but the white house refused to call it terrorism. this morning the victims may finally be getting the benefits they deserve. but no thanks to the white house in this case. plus, did you know that steve and brook shields go way

back? did they actually date? brook is here with the true story and she's also going to try to squeeze in a story about her brand-new book that's out. that's brook shields. now she's walking over. ♪ ♪

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dear santa. i want four knicks tickets for

dad, my brother, me, and my cousin. >> what about me? >> and you. >> you left mommy out! that's messed up! >> mom always gets left out. >> forgot about that. >> so we want you to send in your videos to tell us what your child, if you can get your child to do it, to send us your christmas wish for santa for our special that's going to air on christmas day. >> you want to e-mail us and #"fox & friends" wish. >> do it soon, because today we're taping it. >> that was a secret. >> oh, do it soon. >> it will be live christmas eve, brian. >> i'll fix it. do it soon. it would help. >> that's better. >> right now we're going to turn to heather childers who is breaking news headline. >> we have some stories we've been following all morning for you. victims of the 2009 fort hood shooting might finally get combat benefits.

there is new language in the 2015 defense spending bill that is working its way through congress that will make victims eligible to receive the purple heart. the bill officially recognizes the attack as an act of domestic terrorism rather than the workplace violence designation that the obama administration had used. 13 people were killed and 32 wounded when nidal hasan opened fire. he said that he was inspired by al-qaeda. he was sentenced to death in 2013. first lady michelle obama vowed to end veteran homelessness, but thousands who called an emergency hot line had to leave voice mails due to mismanagement. this coming from a new inspector general report finding nearly a quarter of the vets couldn't get through to a real person. the department says they can eliminate veteran homelessness by next year. and the five st. louis rams players who took to the field with their hands up as a way to honor michael brown may be

honored by a u.s. congressman. texas democrat al green says he is going to fly five flags over the capitol in honor of them with each of their names. former nfl quarterback joe theisman says that players should be allowed to express themselves, but need to be aware of their status. >> we reached society today, especially the way society looks at different things where the athlete has a lot of power. they realize they have a lot of power to influence people. >> the players are not being disciplined by the team or the league. finally, oxford adding 1,000 new pop culture terms to its online dictionary. up first, duck face. that is an exaggerated pouting expression. and you can see i'm doing my best to do a duck face right there. i don't know. kind of look like a fish. and then obamacare made the list. they defined it as an informal term for federal law intended to improve access to health insurance. and last but not least, man

crush. check out brian almost connecting with his man crush, david beckham. but beckham didn't -- >> just kept walking. >> that's when your man crush crushes you. >> right. the good news is it's in the oxford diction. >> you had a man crush. i had a different kind back in the 1980s. i think we can go ahead -- there i am with brook shields. this is before i got married and this is not one of the chapters in your book. >> you know, i had to leave it out. it was too sordid. >> what was the chapter called? >> it was the '80s! >> it's a time we don't want to talk about in front of people. >> if the chapter had a title what, would it be? >> i'm leaving you. >> brook and the shnook. >> should we tell them? that's what i'm saying there. you could write in what you

think. >> i'm thinking you're i'd rather talk to anyone but him. >> i'm actually looking at beckham. >> that's right. you were actually in town when i was working at nbc for some event. i want to say at the kennedy center and you were nice enough to take part in my story. >> you were a gentleman then. >> you have no memory of it and i think that's great. >> you have a big heart. >> you've been swinging down memory lane because you've written a real tell all. the real story of my mother and me. famously for people who were alive back in those days who watched you grow up -- elisabeth was much younger. she didn't live through the 80s like we did. but the story back then was your mother, terry, was a real stage mom and she really drove you hard. >> well, that was one of the

perspectives. it was a really interesting thing because in the book i talk about how she was the counter intuitive stage mom because she wanted to sort of thwart the system. she would take me to go-sees which you try to get a job and -- >> go see a director. >> or get a modeling job or something. and we would hear these mothers get on the elevator and say, what did they say? and then you would hear) (and hear a kid cry. she's the opposite of that. and it was this really weird thing. she was never mama rose. she wasn't secure enough to want the spotlight for herself. but she had this little prize baby that then became -- >> the golden goose. >> and focused on and photographed. >> what was the most difficult part of the book to write for you? >> i actually think the difficult part was writing about all the happy times because there were so many that nobody ever wanted to focus on. it's not sexy or appealing. but there was so much laughter and so much support and then you

realize, i know what the ending of the story is and you read that and think, this could end up really well and then it doesn't. >> the first part i opened to was the blue lagoon part because you write explicitly on that and write specifically on your mom's drinking and it played a role, didn't it? >> that was sort of a third character in our little trifecta. we had mom, me and then we had alcohol. and as a young child, you learned to navigate an alcoholic. you learn to navigate an addict. and you become this person who sort is hyper vigilant. and that became such an important part of our life. i was 13 when i staged our first intervention. >> how is it affecting you as a mom? >> as a mom, regarding alcohol, i'm much more hyper sensitive. i know it's in my genes, so i'm real type a about it, which who knows what that means. i also am more communicative

with my kids in a way that my mom was sort of -- mom never did the work on herself. she was never willing to be vulnerable. >> you write in the end the tragic way it ended. you almost wish you could go back to the drinking days because she was in the forms of dementia. >> the biggest thing for me was dealing with the alcoholism, you finally get to the point where it's not as important and you think okay, now, now she's going to be the little grandmother or have some fabulous shop in the west village with her fabulous friends and then you look at this woman who is just diminished and i would have never thought it was dementia that would have taken her. i would have thought her liver would have given up. so it kind of crushes you again 'cause your hope is different. but the story itself, there is a lot of levity in it as well as sort of grave moments. but i think anybody who has a interesting and layered relationship with their mother.

i really don't know anybody who doesn't. >> explain to us how your relationship with andre agassi wound up essentially you were divorced from your mom because of it. >> well, he was the first person that gave me the strength to be able to individualate from my mother, but in a loving way. every other relationship, people were saying, choose me or her. because she was my main relationship. i was very ensconced with her. and he said, it doesn't have to be. you need to be your independent self, but she's still your mom. and i appreciated that. >> he had aguesssive parents. >> he honored her and respected her. >> just real quick, any regrets about growing up famous? because on the outside, people want to grow up famous, but you also talk about the struggles of trying to be a normal kid, to go to high school and college at the same time. >> the weird thing in my situation was i was interestingly buffered by my career and by my fame. and it kept me more on the straight and narrow path. high school is hard.

no matter who you are. and kids are mean and kids are tough and being famous, to me, actually kind of gave me this little safety net. >> shield. >> shield to hide behind which is weird. but that's how it worked. >> was it more scary that other people were gog read what you were going to write or your own children would read what you were going to write? >> i hope they read it some day. they just don't care anymore. i don't want to read my homework books. why would i want to read this? i hope they get out of it is there was -- people say, how did you not turn into a train wreck? through all of it, there was never a lack of love. like i just knew i was loved and that gave me such a fortified feeling. i think that's what i hope they see is that moms are trying. >> the book is called "there was a little girl, the real story of my mother and me." thank you very much. i'll see you in another 30

years. >> we can recreate that photo. >> right. coming up straight ahead. >> a grand jury decides not to charge a new york city police officer in the death of a man here in new york city. so where is this case headed to legal flee bob massi joins us coming up next

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--i don't know my credit score. that's really important. i mean - i don't know my credit score. don't you want to buy a house...like, ever? you should probably check out credit karma, it's free. credit? karma? free? credit karma. really free credit scores. a grand jury here in new york city decided not to charge a new york city police officer in the death of eric garner. but a federal investigation has been launched. eric holder announcing a civil rights probe into the death. where does the case go from here? joining us now to break it all down is fox news legal analyst, bob massi joining us from vegas. you've been listening to all the opinions out there. what do you think? >> well, i think we know for years, steve, the grand jury system has been suspect. people were concerned about it because there is no right of cross-examination, it's secretive in nature, things that

the d.a. puts on their case and basically the grand jury can make a decision. in this particular case when you see the video, everybody has to scratch their head. it doesn't matter what color you are and you say how could they possibly not come up with some kind of criminal negligence action here against the police officer? but in this case, again, you got to respect the system. you may not like it, you may not like the result. it's not always about the result. there is other issues involved. but yeah, it's very disturbing to see what we see on this video. you wonder how a group of people cannot come up with something. but again, as a lawyer, you have to respect the outcome of that decision. >> sure. meanwhile, in the wake of this, as was the case with the decision out in ferguson, it's disturbing when the president of the united states and eric holder as well seem to throw law enforcement under the bus. listen to this, bob. >> it is for their sake as well that we must seek to heal the breakdown in trust that we have

seen. >> we are not going to let up until we see a strengthening of the trust and a strengthening of the accountability that exists between our communities and our law enforcement. >> you listen to them and it makes it sound like the cops are out of control. >> you know what? that was not said when he was trying to get reelected and he needed the unions to get relie detectorred, or by holder. you can not come out again and make this a race issue. you've got to come out as the president and say, look, we are a country of laws. we are people that get together and hear evidence and although we don't like the result, we have to live with them. do we have to make things better in america? yes. but you can't continue to pull the race card, steve, because as a result of that, what are you faced with? you now have more division. there is as many white people --

look at the demonstrations in town square the other night, last night. there were white people out there that were unhappy with this. you can't turn the country into a system where everything is black against white. that's not right for anybody. i know white people that are concerned about this. i know black people that are concerned about this. there is a division now in this country more than ever before because of these kind of statements. and although his intentions may be different, it's about perception, steve. it's about how is it perceived? i am tired -- again, i said it last week -- as a white person in america to be perceived as a racist when i'm not. yet at the same time, you could have people like al sharpton, please, god, get a job, would you please -- that can make statements and he's not perceived as a racist against me. this is not good for our country. he is the president. he should unite. he should not divide. eric holder is our lawyer. he should unite. do they have the right to say we

need to look into things? yes. but don't make it a division of white, of color against noncolor. that is -- you represent all of us. again, bring us together. don't pull us apart. that's my concern. >> sure. you're frustrated. a lot of people are when they look on this. we check or twitter feed right now, alan asked, whatever happened is something for a local grand jury to decide. not obama, not holder. not sharpton. >> that gets back to what we said originally. that is you have to respect the system. you know, a lot of jurisdictions in the country, there is preliminary hearings and not the grand jury. it's a system that's been criticized, but just because the result isn't what we want and when you look at the video, you wonder how it happened, you can't just create division. you got to live with it. you got to live with it. >> it is, after all, the rule of law and without that, we are in big trouble. bob massi, thank you for joining us from las vegas.

>> thank you. 12 minutes before the top of the hour. thank you for joining us on this very busy thursday. our slogan is mornings are better with friends, like -- come on in, ladies, the rockettes. they're live next and i think they're going to do some teaching to elisabeth. meanwhile, bill hemmer is upstairs and he's taking over the channel in about 11 minutes. >> that's a big commute for those ladies. >> all the way across the street. they're long legged. >> good morning to you. more on this case you were just talking about with bob. where this case from new york goes next? we're all over that. also a ton of other headlines. what did the white house know about the irs controversy? will republicans get a deal on the budget? another american at this moment is threatened with a beheading overseas. we begin our series on potential candidates for 2016. today john kasich, republican governor of ohio, is our guest when martha and i see you at the

top of the hour

each year the radio city rockettes help kick off the holiday season at the radio city christmas spectacular and here to share what makes it so special after all these years, are some of the radio city rockettes. samantha, casey, kimberly and brittany join me now. welcome to "fox & friends." >> thank you so much. >> this is so exciting. for 80 years plus, the rockettes -- you have brought so much joy, literally kicking off the spirit. people come to see from you all over and the show includes so many great things. we go as a family. tell us a little bit about like what the living nativity, your high kicks and this year, what can we expect? >> actually this year we bring

back one of the classical favorites which is a crowd favorite. cannot be missed. so excite it's back. big hats. we have the big glasses, red cheeks, tap dances, brand-new scenes. cannot be missed. >> it is so traditional. i love the living nativity. it's breath taking. >> it really is. it's been in the show since 1930, as well as parade of the wooden soldiers, classic favorites. >> my kids love those, because they practice that in our living room: speaking of moves, and i know your costumes weigh at least ten pounds? >> at least. >> at least, my goodness. 400 try out. 80 spots are taken. >> from now until new year's eve. >> so show me. i've got a little tight hamstring, but i'll try. >> we're going to do a right babble, toe to toe. link up. we do not touch. so right arm is going to go onto

the right back of the bone next to you. left arm back here. we'll step on our right, kick our left. five, six, seven eight. right, left. wow. >> five, six, seven. >> i don't know if i qualify here. >> together, one. we're going to do a little bevel. here. both arms free up. there you go. >> i think we're ready to try some music. >> cue the music. >> that's what i needed, the music. >> five, six, seven eight. >> one. two. ♪ >> three ♪ ♪ . >> how is the posture? >> great ♪ >> seven, eight. together one. two, three, four. ♪ >> wonderful! we love it here.

tickets are available, five shows a day. we have more "fox & friends" just moments away. in the meantime, we're going to kick around here. let's try again!

we want daddy to come home. >> my name is madeline. and our dad is in korea. he wants to come home and we want him to come home for christmas. >> how great is that? we'd love to see your kids with their number one christmas wish. e-mail us your videos.

we didn't have a rocket launch today, but we had the rockettes! >> five, four, three, two, one. we're out of here. bill: fox news alert. protesters hitting the streets of new york city. a grand jury does not indict a new york city police officer in the so-called chokehold case. many insisting justice was not served in the death of eric garner. he was age 53, a father and a grandfather. off we go. martha: i'm martha maccallum. last night there were dozens of arrests as the